CRIMINAL PROCEDURE CODE:

PROSECUTOR AND DEFENDANT

UNIT 1
Object and Importance of CrPC:
Before independence, people in India are mostly illiterate and they do
not have legal awareness but the few people who has the rudimentary
knowledge of criminal law will know that it deals with the offences and
liabilities as well as penalties of that particular offences. However, if any
person committed to any of the crime, then the most happening criminal
punishment is confining the individual liberty, imprisonment, if he was
illegal

It lays down the principles and procedure that must be followed while
investigating and prosecuting the claims of the offence committed. The
provisions of this law exclusively deals with the investigation process as
well as the inquiry and trail regarding the offences

The code of criminal procedure (CrPC) written by the THOMAS

BABINGTON MACUALAY. He also regarded as the father of the CrPC.
Code of criminal procedure is primarily set for governing substantive
criminal law. In India, the legal system contains the code of criminal
procedure, 1973 which is associated to deal with the criminal laws and
this came into effect from April 1, 1974. Code of criminal procedure, 1973
contains 37 chapters, 484 sections and two schedules. The code of
criminal procedure, 1973 applicable to the whole nation including
Jammu and Kashmir after the revocation of the article 370 and Kashmir
reorganisation act, 2019.

The entire criminal procedure code will be on the concept of [1]

  An accused person should be given free trail in accordance with
the principles of natural justice.
 There shouldn’t be any delay in the investigation processes which
are determined not only to the individuals but the whole society.
 The procedure should be very fair and simple and it should be
understand by the poorer sections of the society.

Importance of CrPC
The major purpose of the CrPC is to provide the binding procedures that
must be followed during the administration of the criminal trail. The
code of criminal procedure provides the procedures to be followed while
investigating or prosecuting the case. There is the free trail in the cases
regarding the human rights. Many people are suffering due to the unfair
trails, which effects them deeply on their personal rights, mental health
and reputation. So, the right to fair trail comes under the protection of
human rights.

Offence
Offence is an action which harms others and disturbs the tranquility of a
society. There are some cases where the refrain is from doing it. Civil
offences are against the private individuals but the criminal offences are
against the state, the state is represented by the prosecutor who will
argue the case against the defendant

According to the section 370 of CrPC says that the person below the age
of 21 years, who had committed the crime for the first time which is
punishable with the fines and imprisonment for term of seven years or
less . The offender can be released in the probation of good conduct.

Types of criminal offences

 Cognizable offence
  Non cognizable offence
 Bailable offence
 Non bailable offence
 Compoundable offence
 Non compoundable offence

Bailable and non bailable offence

Bailable offence is the one where the defendant may able to secure his release upon a bail which is
described under section2(a) of the criminal procedure code. Whereas the in the case of non
bailable offence, it is very difficult to release on the bail. But in some of the cases , the law gives some
special consideration in granting the bail where the accused is sixteen year old, a woman, sick or if the
court is satisfied that the just and proper can grant the bail in non bailable offences

Cognizable and non cognizable offence

These cognizable are the type of non bailable offences. These are
mentioned in section 154 of criminal procedure
code. Section2(c) describes the cognizable offence which means the
police officer can arrest the convict without the warrant and can start the
investigation process without taking permission of the court. This type
of treatment can only fine in the cases which are heinous in nature they
may be rape, murder, kidnapping, dowry death etc., where
as section2(1) of the criminal procedure code describes the non
cognizable offences which means the police officer cannot arrest the
convict without issuing the warrant. These cases are not serious and
petty in nature for example, defamation, forgery, assault etc these are
bailable offences and can grant the bail easily

Prosecutor

A criminal offence is an offence not only against individual but also for
the society. The state represents society and participated in the criminal
trail. The public prosecutor(PP) or assistant public prosecutor (APP) will
represent the state not the accused. Generally, the public prosecutor acts
as an agent to the state, the prosecution of the accused is the duty of the
state but not the duty individually

Functions of the public prosecutor

Functions of the public prosecutor differs according to their designation

 Public prosecutor :

Generally, he supervise the function determined by the Additional

public prosecutor in session court and high court.

 Chief prosecutor:

He supervise the function determined by the assistant public prosecutor

as well as the metropolitan magistrate.

 Additional prosecutor :

He conducts the criminal cases in the sessions court.

 Assistant public prosecutor:

He conducts the criminal proceedings in the metropolitan magistrate.

He examine the charge sheet prepared by the agencies and submit ten
Aquitaine or discharge the orders.

 Director of the prosecution :

He is the head of the office. They exercise overall control and

supervision on officers of directorate.

Main objects of CrPC

 Equality before law.

 Equal protection of laws.
 Protection of accused against the double jeopardy.
  Protection against the self incrimination.
 Protection against the ex-post law.
 Right to life and personal liberty except the procedure established
by the law.
 Speedy trails.
 Prohibition of the discrimination.

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PART 2

Functionaries under the Cr.PC

Functionary means any person who holds an office or a trust or
performs a particular function (an official) is known as functionary

There are five functionaries under the Code of Criminal Procedure,

which are, the police, prosecutors, defense counsel, courts and
prison authorities and correctional service authorities.

The Police

The police officers are the most important part of the criminal law
enforcement in India. They are mainly responsible for the prevention
and detection of crime. The term police is not defined under the code,
therefore, it is defined under the Police Act of 1861

In each state, the Inspector General of Police is in charge of the overall

administration of the State police force. However, for each district the
responsibility is given to the District Superintendent of Police who is
under the general control of the District Magistrate

The code confers various powers on police, such as the power to make
arrest, search and seizures, etc. The police officers who are the officer-in-
charge of the police station are given wider powers as they play a pivotal
role in investigation and prevention of crime. As per section 36 of the
Code, police officers superior in the rank to an officer-in-charge of the
station may exercise the same powers throughout the local area to which
they are appointed,

Section 151 confers the officers with the power to arrest a person
without any warrant and orders from Magistrate to prevent the
commission of any cognizable offences. The person arrested cannot be
detained in custody for a period not exceeding more than 24 hours from
his arrest. This period can also be extended if it is required by the
various provisions of this Act or other laws in force

According to section 154, the police officers have the power to record
statements made orally in the commission of the cognizable offense. If
the cognizable offence has been committed against a woman, then the
statement shall be recorded only by a female officer.

Under section 156, the officer-in-charge of a police station may, without

the order of a Magistrate, investigate any cognizable case within their
jurisdiction.

The Prosecutor

The public prosecutor is an independent authority and is not a part of

any investigating agency. The main function of the prosecutor is to
administer justice and to secure public purpose entrusted with
him. Sections 24 & 25 of the code defines the appointment and
qualifications for the Public Prosecutor and Assistant Public Prosecutor
respectively. The Central Government and each State Government have
power to appoint prosecutors for conducting prosecutions and other
criminal proceeding on their behalf in the High Court, Sessions Court or
the Court of Magistrate.
PROSECUTORS IN HIGH COURT

Section 24(1) of the Code of Criminal Procedure provides powers to the

Central Government or State Government to appoint a Public Prosecutor
for every High Court. They can also appoint one or more Additional
Public Prosecutors. The appropriate Government can appoint the Public
Prosecutors after consultation with the High Court.

The eligibility of the person to be appointed as a Public Prosecutor is

that he should be practising as an Advocate for not less than seven years.

PROSECUTOR IN SESSIONS COURT

Section 24 provides various rules regarding the appointment of Public

Prosecutor and Additional Public Prosecutor for the Sessions Court. The
District Magistrate in consultation with the Sessions Court Judge
prepares a panel of names of persons who are eligible to be the Public
Prosecutor or Additional Public Prosecutor of the Sessions Court. The
State Government need to appoint the Public Prosecutor or Additional
Public Prosecutor by the panel of names. Both the Central and the State
government can appoint one or more Public prosecutor and Additional
Public Prosecutor for the Sessions Court.

To appoint as a Public Prosecutor or Additional Public Prosecutor, the

advocate must have practice not less than seven years.

SPECIAL PUBLIC PROSECUTOR

According to Section 24 (8) the Central Government or the State

Government may appoint, for the purpose of any case or class of cases, a
Special Public Prosecutor. The eligibility for the same is that he should
have been in practice for not less than 10 years.

ASSISTANT PUBLIC PROSECUTOR

Section 25 of the code deals with the appointment of Assistant Public
Prosecutors. The State Government has to appoint one or more Assistant
Public Prosecutors for conducting prosecutions in different districts.
According to section 25 (3) if no Assistant Public Prosecutor is available
for a particular case, the District Magistrate may appoint any other
person.

The Court
Section 3 of the Code has classified various classes of Criminal Courts as,

 Court of Session;
 Judicial Magistrate of the first class and, in any metropolitan area,
Metropolitan Magistrates;
 Judicial Magistrates of the second class; and
 Executive Magistrates.

Further, section 26 of the Code states that any offence under the Indian
Penal Code may be tried by the High Court, the Court of Session or by
any other Court as specified in the First Schedule of the Code of
Criminal Procedure.

The Defence Counsel

Therefore, both the Constitution under Article 22 (1) and the Code of
Criminal Procedure under section 41D gives an arrested person the right
to meet an advocate of his choice. The Code has also made provisions to
ensure that an indigent accused is not denied fair trial. In trial before the
Court of Session, the accused is not represented by a pleader and where
it appears to the Court shall assign a pleader for his defence at the
expense of the State.
The Prison Authorities and Correctional Services
Personnel
if an accused is found guilty, the court is required may either pass a
sentence of him or to deal with him under the probation laws and other
special laws for the reformation and rehabilitation of the offenders

PART 3
1.BAILABLE AND NON BAILABLE OFFENCE
BAIL
Bail is when the accused is freed from the custody of police officers. bail is
nothing but the freedom granted to the accused
Bail is an agreement in which a person makes a written undertaking to the court to appear
before it whenever required and comply with any conditions set out in the agreement. He/she
also assures to forfeit a specified sum of money if the person fails to comply with any terms
and conditions of the agreement.

TYPES OF BAIL
Interim bail
The term “interim” literally means “for an interval,” and therefore, in the case of
interim bail, it is understood that bail is granted for a specified period of time by
the court. The interval can be for fifteen days or even a month. At these
intervals, the accused is released from prison and, after the expiry of the
granted period, the accused is again committed to prison

Accused in order to get interim bail can file an application in the concerned
court and pray for interim bail. The court, after looking at the facts of the case
and the nature of the offence charged, passes an order. Interim bail can only be
granted in the case of non-bailable offences, since in bailable offences, bail is a
matter of right.

Regular bail
 Section 437 of the Criminal Procedure Code states the provisions in respect of
regular bail in criminal cases. It provides that when any person is accused who
is accused of or suspected of committing a non-bailable offence is arrested or
detained by an officer in charge of a police station without a warrant and when
he is brought or appears before a court other than the high court or the court of
sessions, then such person may be released on bail as per the discretion of the
court, except in the following cases:-

1. When there exist reasonable grounds for believing that he has been
guilty of an offence where the quantum of sentence is imprisonment
for life or death.
2. When such an offence is cognizable in nature and where he has been
previously convicted of an offence which was punishable with death,
imprisonment for life, or imprisonment for seven years or more.
The Code of Criminal Procedure also gives certain provisos in respect of the
above-stated cases. Firstly, if in the above-said cases the accused is a person
who is under sixteen years of age, or is sick, or is infirm, or is a woman, then
the court may grant them bail. Secondly, it provides that in cases where the
accused has been previously convicted on two or more occasions of a non-
bailable and a cognizable offence or he is charged with a cognizable offence,
and where he has been previously convicted of an offence punishable with
death, life imprisonment, or imprisonment for seven years or more, then the
court, for special reasons, after it has found and is satisfied that the release of
the accused is just and proper, may grant him bail.

Sub-section 2 of Section 437 provides that if the officer or the court at any
stage of trial, inquiry, or investigation is of the opinion that there are no
reasonable grounds to believe that the accused has committed a non-bailable
offence, but is of the opinion that there exist grounds for further investigation
into his guilt. Then in such cases, the accused shall be released on bail subject
to Section 446A, i.e., the execution of a bail bond. Bail in such cases can be
furnished by the accused by executing a personal bond at the discretion of the
officer or the court.

impose the following conditions:-

1. That the accused person shall attend the court proceeding in

accordance and compliance with the conditions specified on the bond.
2. That the accused person while he is on the bail shall not commit an
offence same as the offence of which he is accused or suspected.
3. That the accused shall not directly or indirectly induce, make a
promise, or a threat to any person who is familiar with the case as to
 prevent him from disclosing incriminating facts to police officers or
tampering with the evidence

Default bail
Default bail is also called mandatory bail. The provisions regarding default bail
are given under Section 167, subsection 2, where it is stated that if the
investigation officer does not file the charge sheet within a specific prescribed
time which is 90 days for cases of an offence punishable by death,
imprisonment for life or imprisonment for a term of not less than 10 years. And
60 days in the case of any other offence except the former ones. Then, the
accused shall be released on bail if he is prepared to take it. An investigation
can be defined as a procedure or process that an investigating officer goes
through in order to collect evidence. The sole purpose of investigating an
offence is to collect pieces of evidence against the accused person. After
completing the investigation, the investigating officer files a final report
under Section 173 of the Code, and if he fails to file the report within the above-
mentioned period, the accused is freed on default bail.

Anticipatory bail
In simplest terms, anticipatory bail is a kind of protection against future arrest
wherein a court grants bail to a person who has reasonable grounds for an
arrest in relation to a non-bailable offence. According to Section 438 of the
Criminal Procedure Code, the high court or sessions court may grant
anticipatory bail to a person who has a reasonable apprehension of future arrest
for a non-bailable offence.

BAILABLE OFFENCE The definition of bailable offences

under Section 2(a) of the Code of Criminal Procedure,

It means where bail can be taken as a right without any prohibition. In these
cases, the judge critically examines the facts and other relevant factors to
decide whether to grant bail or not
Bailable offences are those crimes that are not very serious in nature. In such cases, bail is a
right and the arrested person must be released after depositing the bail with the police. The
police have the power to grant bail in these types of cases. The accused may be released on
bail, on executing a “ bail bond” , with or without furnishing sureties. The accused will not leave
the territorial jurisdiction of the state without the permission of the court or police officer. The
Accused shall give his presence before the police officer every time, he is required to do so

In bailable offences generally, the quantum of sentence is below or up to three

years. Although there are exceptions in respect of this rule. For example, the
offence of kidnapping under Section 363 of the IPC is bailable but is punishable
by imprisonment for seven years and a fine. In case of bailable offences, either
the police officer or the court can grant bail.

Examples of Bailable Offences

 Being a member of an unlawful Assembly
 Rioting, armed with a deadly weapon
 Public servant disobeying a direction of the law with intent to cause injury to any
person.
 Wearing a garb or carrying a token used by a public servant with fraudulent intents.
 Bribery about elections

Right to be released on Bail in a Bailable Offence

According to Section 50 of CrPC, whenever a person is arrested without a warrant, the police
officer must communicate the entire details of the offence for which the person is arrested. The
police officer must also inform the person that he has the right to be released on bail if the
offence they committed is bailable.
According to Section 436 of CrPC, whenever a person accused of a bailable offence is arrested
without a warrant and is willing to give bail, they must be released on bail. The discretion to
decide the bail amount lies with the officer or the Court.

NON BAILABLE OFFENCE:

Non-bailable offences are serious offences where bail is a privilege and only the courts can
grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person
cannot ask to be released on bail as a matter of right. In non-bailable offences, the
gravity of the offence is higher. Sentences are higher in the case of non-bailable
offences as they are punishable with death, imprisonment for life, or
imprisonment which may exceed three years or seven years

The court may generally refuse the Bail, if:

The “ Bail Bond” has not been duly executed, or if the offence committed is one, which imposes
a punishment of death or Life imprisonment, such as “ Murder” or “ Rape” or the accused has
attempted to abscond, and his credentials are doubtful.
The application for bail shall be filed before the Magistrate with the help of
a criminal lawyer , who is conducting the trial. The application after being
filed is usually listed the next day. On such day, the application will be heard,
and the police shall also present the accused in court. The magistrate may
pass such orders, as he thinks fit.

Examples of Non-Bailable Offences

The following are some examples of Non-bailable Offences under the Indian Penal Code.
 Murder - Section 302, IPC
 Dowry Death - Section 304B, IPC
 Attempt to murder - Section 307, IPC

Right to be released on Bail in a Non-Bailable

Offence
If a person accused of committing a non-bailable offence is arrested, they are not entitled to be
released on bail if there is reasonable ground to believe that the person is guilty of an offence
that is punishable with death or imprisonment of life. If such a person, however, is below the
age of sixteen years they can be released on bail.

Application for Bail in a Non-Bailable Offence

An application that sets out the grounds for bail must be moved for the grant of bail in case of a
non-bailable offence. In case the court is of the opinion that bail should be granted, it passes an
order after the hearing. To get released on bail in a bailable or non-bailable offence, one must
file a bail bond. The bail bond is filed by the surety. The surety is a person who takes
responsibility for producing the accused in court or before the investigating agency as and
when required.

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COGNIZABLE AND NON -COGNIZABLE OFFENCE

COGNIZABLE OFFENCE
A cognizable offense is an offense in which the police officer as per the first
schedule or under any other law for the time being in force, can arrest the
convict without a warrant and can start an investigation without the
permission of the court. Cognizable offenses are generally heinous or serious
in nature such as murder, rape, kidnapping, theft, dowry death, etc. The first
information report (FIR) is registered only in cognizable crimes.
Under section 154 Criminal Procedure Code (CrPC), a police officer is bound
to register an FIR in case of a cognizable crime. He can also conduct some
kind of preliminary inquiry before registering the FIR. In these offenses, a
convict is arrested and produced before the magistrate in the stipulated
time. Some of the examples of a cognizable offense are as follows:
1. Waging or attempting to wage war, or abetitng the waging of war
against the government of India,
2. Murder,
3. Rape,
4. Dowry Death,
5. Kidnapping
Key Elements of cognizable offenses:
 Cognizable offenses are those that a police officer can arrest without a
warrant.
 And such cases, after an arrest has been made, the accused will be
produced before a magistrate, and he may require the police officer to
investigate the matter.
 After investigation, if the case is made out, i.e. charge sheet filed goes
against the accused, the magistrate can order for arrest.
 During the pendency of trial, bail application can be moved before the
concerned magistrate.
 Cognizable offenses are both bailable, and non-bailable

Any officer in charge of a Police Station, without the order of a

magistrate, investigates any cognizable case which a court having
jurisdiction over the local area within the limits of such station would
have the power to inquire into or try under the provisions of the
Criminal Procedure Code. 1973.
What is the Procedure to be followed in
Cases of Cognizable Offences
1. First Information Report F.I.R. means the information, given
to the police that a person known or unknown has committed
 an offense that is listed as a cognizable offense in Schedule 1
of Cr.P.C. It has to be signed by the informant. A copy of F.I.R.
has to be given to the informant and the second copy of F.I.R.
has to be sent to the magistrate for his perusal and record.
2. Report to the Magistrate When a cognizable offense has
been reported, the officer-in-charge makes the reports to the
concerned judicial magistrate and appoints himself or a
subordinate officer for investigation.

3. Investigation In cognizable offense, the investigation begins as

soon as the information is received and recorded. All formalities of
the order of the magistrate and warrants arrive later. The Police
officer assigns proceeds to spot, arrest the suspect, and ascertain
facts and circumstances of the case.

For heinous offenses, no time limit has been prescribed specifically

by Section 468 of Cr.P.C. for completion of investigation but one can
always approach the Supreme Court for unreasonable delay under
Article 21 which is the Right to Freedom as provided by the Indian
Constitution.

4. Search and Production of Documents If the Police believe that

some search has to be made during the investigation, he is
authorized to do so for a cognizable offense

6. Remand When Police arrest a person in case a cognizable offense

and investigation cannot be completed within 24 hours, then they
make a written application to the magistrate and request him to
keep the accused in police custody for a further period otherwise
the accused has to be released. The request for remand can be
granted for not more than 14 days under police custody.

9. Chargesheet When a Police officer concludes an investigation of a

cognizable offense, he sends a report to the magistrate of that investigation
in which the I.O. finds the material to proceed against the accused. This
report includes F.I.R., statements of witnesses recorded by police, names of
parties, brief facts and information gathered by the I.O. during the
investigation, etc.

10. Inquiry At the stage of inquiry, the judge doesn't give a decision. He/she
reaches a preliminary finding and leaves it to the parties to make further
action like plead guilty etc. In this stage, witnesses are generally required to
come to the court, take an oath and then give evidence in respect of what
they have seen and stated before the police during the investigation.

11. Trial The hallmark of the trial is that every witness who gives evidence
will now give the same evidence in court and is bound by an oath. The trial
has several categories:
1. Trial of warrant case by a magistrate
2. Trial of summons case by a magistrate
3. The trial started on cognizance taken on a police report and
4. Sessions Trial.
In cognizable offenses, the trial is usually under Warrant Case or Sessions
Case as they deal with more serious and heinous offenses.

12. Judgment The judgment contains the points for determination, the
decision on those points, and reasons for the same by considering the
examination, and cross-examination of the accused and the witnesses.

13. Punishment In Cognizable cases, the punishment period is usually more

than 3 years going up to life imprisonment or the death penalty as they are
serious and heinous in nature.

NON COGNIAZABLE OFFENCE

In the case of a non-cognizable offense, the police cannot arrest the accused
without a warrant as well as cannot start an investigation without the
permission of the court. The crimes of forgery, cheating, defamation, public
nuisance, etc., fall in the category of non-cognizable crimes.
n this type of crime, a criminal complaint is lodged with the metropolitan
magistrate who is supposed to order the concerned police station to initiate
an investigation. The police officer is supposed to file the charge sheet with
the court which is followed by a trial. After the trial, if the accused is found
guilty, the court passes the order to issue the warrant to arrest the accused.
Some of the examples of a non-cognizable offense are as follows:
1. Assault,
2. Cheating,
3. Forgery
Key Elements of non-cognizable offense:
 Non cognizable offenses are those, that a police officer cannot arrest
without a warrant.
 In such offenses for arrest, all the steps have to be followed like
 Filing of complaint/F.I.R.
 Investigation
 Charge sheet,
 Charge sheet to be filed in court
 Trial
 The final order of arrest if the case has been made out.

What is the Procedure to be followed in Non-

Cognizable Cases?
Under the Code of Criminal Procedure, no police officer should
investigate a non-cognizable case without the order of the concerned
magistrate.
It is open to the magistrate either to grant permission or refuse to
grant permission in such cases but should give reasons for his decision

COMPLAINT:
 Complaint has been defined under Section 2(d) of the Code of Criminal Procedure,
1973 (CrPC) as 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.
o It does not include a police report.
 In deemed complaint the police officer by whom such report is made shall be
deemed to be the complainant.
 It must be however kept in the mind that if police officer takes the permission before the
investigation and finds it a non-cognizable offence then it is not a deemed complaint.
Essentials of the complaint
 The complaint must relate to the commission of an offence.
 The complaint may be either written or oral.
 The complaint must be made to the Magistrate.
 The complaint can be made by any person whether known or unknown.
 The complaint must be made with a view to taking action under the CrPC.
 Complaint is one of the modes whereby a Magistrate can take cognizance of an offence.
 A mere statement to a Magistrate by way of information, without asking the Magistrate to take
action, is not a complaint.
To whom a complaint can be made
Section 190 (1) of CrPC empowers Judicial Magistrate of First Class or Judicial Magistrate
Second Class specifically empowered by the Chief Judicial Magistrate to take
cognizance upon receiving a complaint of facts which constitute an offence.

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CHARGE:

The term ‘Charge’ is defined in Section 2(b) of the Code of Criminal

Procedure (CrPC), 1973, as “any head of charge when the charge contains more
heads than one.” This section provides definitions for both ‘charge’ and ‘charges.’
A charge represents a formal accusation made by the court against an individual
accused of committing an offence. In essence, a charge is a legal term used to
describe an allegation. Similarly, when an allegation against an individual
encompasses multiple elements, it is referred to as ‘charges.’
To illustrate this with an example: Suppose an individual, A, is accused by B in a
hit-and-run case, resulting in the filing of a First Information Report (FIR).
Subsequently, the police will present a report to the court, detailing the offence A
is alleged to have committed, along with the progress of the investigation.

After careful consideration, the court will frame charges against A

Meaning of Framing of Charges

Framing of charges in a criminal case is the formal accusation of an individual
committing a specific offence or crime. During this process, the court reviews the
evidence and the allegations presented by the prosecution and if it finds
sufficient grounds to believe that the accused has committed the offence, it
formulates and formally presents the charges against the accused.
 It informs the accused of the specific offence they are being charged with, along
with the details of the allegations against them. This ensures that the accused is
aware of the nature of the accusation.

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POLICE REPORT

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INVESTIGATION, INQUIRY AND TRIAL

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SUMMON CASE
“Summon” is a document that commands a person to whom it is served to
appear before the court and to answer the complaint made against him.
Summon is issued by the Magistrate to the accused under section 204(1) (a) of
Cr.P.C, 1973 So summon cases are those in which punishment will not exceed
imprisonment for two years. It can be said that summon cases are not of
serious nature, so it needs to be decided speedily, without dispensing the
requisites of the fair trial

Section 251 provides that it is not mandatory to frame charges but the section
does not dispense with the explanation of the particulars of the offence when
accused is brought or appear before the Court. This is done to make the
accused cognizant for the allegations made against him. Under section 251
courts shall ask the accused whether the accused pleads guilty, and section 252
and 253 needs to comply for conviction on such plea of guilty.

Prosecution case
The magistrate will hear the accused and take all the evidence. In the hearing,
the prosecution will be given chance to open its case by putting facts and
circumstances which constitute the case and by revealing the evidence which he
relied upon to prove the case. The magistrate on the application of the
prosecution, serve summon to any witness to attend and to produce any
document or thing. The magistrate will prepare the memorandum of the
evidence according to section 274. Same as other trials in summon cases also
the magistrate will comply with section 279 i.e., interpretation of evidence to
the accused and 280 i.e., recording of the demeanor of the witnesses.

Hearing of the defence: – (Defence Case)

After the prosecution evidence under 254 and examination of defence under
section 313, in the continuance of this, the court will proceed with the defence
hearing under section 254(1). In the hearing of the defence means accused will
be asked for accused say against the prosecution evidence. Failure of hearing of
the accused in any case will amount to the fundamental error in the criminal
trial and it can not be cured under section 465

UNIT 2
PART 1
Arrest and Rights of an Arrested Person
The word "arrest" is Anglo-Norman in origin, derived from the French word arrêt meaning 'to
stop or stay' and signifies a restraint of a person

An arrest is the act of apprehending a person and taking them into custody, usually because they
have been suspected of committing a crime. After the person is taken into custody, they can be
questioned further and/or charged. An arrest is a procedure in a criminal justice system

Police and various other officers have powers of arrest. In some places, a citizen's arrest is
permitted; for example in England and Wales, any person can arrest "anyone whom he has
reasonable grounds for suspecting to be committing, have committed or be guilty of committing
an indictable offence," although certain conditions must be met before taking such action.
Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in
an act of crime and not willing or able to produce valid ID

In case of arrests without warrant the decision to make arrest is no doubt made by persons other
than magistrates and courts i.e. by police officers, private citizens, etc. These persons may not
have the judicious mind and detached outlook, and yet because of the exigencies of certain
situations the Code allows them to make the arrest-decisions themselves without obtaining
warrants of arrest from the magistrates.

Section 41 to Section 44 of the CrPC, 1973 relates to the arrests which are made by police
officers without prior warrants from the magistrate. Section 41 of the Code provides for when the
police officer can arrest a person without warrant. It provides- “(1) Any police officer may
without an order from a Magistrate and without a warrant, arrest any person- (a) who has been
concerned in any cognizable offence, or against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists, of his having been so
concerned;

Section 41-A of the Code provides for the notice of appearance before the police officer. It
provides- “(1) The police officer shall in all cases where the arrest of a person is not required
under the provisions of sub-section (1) of section 41, issue a notice directing the person against
whom a reasonable complaint has been made, or credible information has been received, or a
reasonable suspicion exists that he has committed a cognizable offence, to appear before him or
at such other place as may be specified in the notice. (2) Where such a notice is issued to any
person, it shall be the duty of that person to comply with the terms of the notice

Section 41-B of the Code provides for the procedure of arrest and duties of the police officer. It
provides- “Every police officer while making an arrest shall- (a) bear an accurate, visible and
clear identification of his name which will facilitate easy identification; (b) prepare a
memorandum of arrest which shall be- (i) attested by at least one witness, who is a member of
the family of the person arrested or a respectable member of the locality where the arrest is
made; (ii) countersigned by the person arrested;

(c) inform the person arrested, unless the memorandum is attested by a member of his family,
that he has a right to have a relative or a friend named by him to be informed of his arrest.”

Section 42 of the Code provides for the situations in which a police officer can arrest a person
without warrant on refusal to give name and residence. It provides- “(1) When any person who,
in the presence of a police officer, has committed or has been accused of committing a non-
cognizable offence refuses, on demand of such officer, to give his name and residence or gives a
name or residence which such officer has reason to believe to be false, he may be arrested by
such officer in order that his name or residence may be ascertained. (2) When the true name and
residence of such person have been ascertained he shall be released on his executing a bond, with
or without sureties, to appear before a Magistrate if so required: Provided that, if such person is
not resident in India, the bond shall be secured by a surety or sureties resident in India.

Section 43 of the Code deals with the cases in which the arrest can be made by a private person
and also what would be the procedure on such arrest. It provides- “(1)Any private person may
arrest or cause to be arrested any person who in his presence commits a non- bailable and
cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over
or cause to be 6 Delhi Judicial Service Assn. v. State of Gujarat, (1991) 4 SCC 406 7 Gopal
Naidu v. King Emperor, ILR (1923) 46 Mad. 605 Juscholars Journal Volume 1, Issue 6 Page 127
made over any person so arrested to a police officer, or, in the absence of a police officer, take
such person or cause him to be taken in custody to the nearest police station. (2) If there is reason
to believe that such person comes under the provisions of section 41, a police officer shall
rearrest him. (3) If there is reason to believe that he has committed a non- cognizable offence,
and he refuses on the demand of a police officer to give his name and residence, or gives a name
or residence which such officer has reason to believe to be false, he shall be dealt with under the
provisions of section 42; but if there is no sufficient reason to believe that he has committed any
offence, he shall be at once released.” Section 44 of the Code deals with the situation in which
the arrest may be made by the Magistrate. It provides- “(1)When any offence is committed in the
presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may
himself arrest or order any person to arrest the offender, and may thereupon, subject to the
provisions herein contained as to bail, commit the offender to custody. (2) Any Magistrate,
whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within
his local jurisdiction, of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.”

Rights of Arrested Persons

Article 21 of the Indian Constitution provides that “No person shall be deprived of his life or
personal liberty except according to a procedure established by law.”

Section 50 of the Code provides that person arrested by the police officer must be informed of
the grounds of arrest and of his right to bail

Section 50 of the Code provides that person arrested by the police officer must be informed of
the grounds of arrest and of his right to bail. It provides- “

(1) Every police officer or other person arresting any person without warrant shall forthwith
communicate to him full particulars of the offence for which he is arrested or other grounds for
such arrest.

(2) Where a police officer arrests without warrant any person other than a person accused of a
non- bailable offence, he shall inform the person arrested that he is entitled to be released on bail
and that he may arrange for sureties on his behalf.”

Section 54 of the Code provides that the accused person has the right to be examined by a
medical practitioner.

It provides- “When a person who is arrested, whether on a charge or otherwise alleges, at the
time when he is produced before a Magistrate or at any time during the period of his detention in
custody that the examination of his body will afford evidence which will disprove the
commission by him of any offence or which will establish the commission by any other person
of any offence against his body, the Magistrate shall, if requested by the arrested person so to do
direct the examination of the body of such person by a registered medical practitioner unless the
Magistrate considers that the request is made for the purpose of vexation or delay or for
defeating the ends of justice.”

Section 56 of the Code provides that the person arrested by the police officer must be taken
before magistrate or officer in charge of police station. It provides-
“A police officer making an arrest without warrant shall, without unnecessary delay and subject
to the provisions herein contained as to bail, take or send the person arrested before a Magistrate
having jurisdiction in the case, or before the officer in charge of a police station.”

Section 57 of the Code provides that the person arrested not to be detained for more than
twentyfour hours. It provides-

“No police officer shall detain in custody a person arrested without warrant for a longer period
than under all the circumstances of the case is reasonable, and such period shall not, in the
absence of a special order of a Magistrate under section 167, exceed twenty- four hours exclusive
of the time necessary for the journey from the place of arrest to the Magistrate' s Court.”

REST FROM YOUTUBE

PROVISION OF BAIL UNDER THE

CODE
From youtube and section 439-
450(bail bond)
Process to Compel Appearance of Person
Chapter VI (Sections 61 to 90) of the Code of Criminal Procedure, 1973
contains the provisions relating to Processes to Compel Appearance of
Persons in Court. In most cases, the court first issues Summons to the
person whose attendance is required before the Court. If the person fails
to appear after receiving the summons, then Warrants are issued. But if
warrants also fail to compel the attendance of a person, then that person
is declared as a proclaimed absconder. Now, if the person does not
appear before the court even after the proclamation, then the court can
attach and sell the absconder’s property. In an appearance the person
comes before the court and formally notifies the court that the person is
ready to participate in the case.

What is an appearance of a person before a Court?

In an appearance, a person comes before a Court and formally notifies
the court that the person will participate in a case. Parties, witnesses and
attorneys can all make an appearance.

There are some processes to compel a person to appear in the Court.

1. SUMMONS: Summon is the document issued by a Court ordering

a specific person to appear at a specific time for some specific
purpose. It is issued either directly to the person or to the law
officer who must carry out all the instructions. Often the purpose
of a summon is to require a person to answer charges or a
complaint filed against him. It may be used simply to notify a
person that he has an interest in the proceedings at hand, which it
would be to his advantage to attend.

According to Section 61 of the Code of Criminal Procedure, every

summon issued by a court under this Code shall be presented in writing,
in duplicate, signed by the presiding officer of such Court, or by such
other officer as the High Court

According to Section 61 of the Code of Criminal Procedure 1973

summons may be sent to the following persons

(a) The accused

(b) A witness

(c) The person proceeded against under Section 125 of the Code and

(d) A person to show cause against some order.

1. If on serving of the summon, the person against whom it had been

issued does not appear in the Court then this will be taken as a
Contempt of Court and shall be punished accordingly.
Every summon issued by the Court under Section 61 of the Code of
Criminal Procedure,1973 shall be:

 In writing

 In duplicate person

 Sealed and Signed by the Presiding officer of the Court

 It should mention the time and the place of the rule directed and
shall bear the seal of the Court.

2.WARRANT: A warrant is generally an order that serves as a specific

type of authorization, that is a writ issued by a competent officer,
usually a judge or magistrate that permits an otherwise illegal act which
will violate individual rights and affords the person executing the writ
protection from damages if the act is performed. A warrant is usually
issued by a Court and is directed to a Sheriff, a constable or a police
officer. Warrants normally issued by a Court include search warrants,
arrest warrants and execution warrants.

TYPES OF WARRANTS:

 Arrest Warrant: It isissued by a judge to detain someone.

 Execution Warrant: It isawrit issued by a judge authorizing the
death of someone.
 Search Warrant: It isa writ issued by a judge allowing law
enforcement to look inside a property.
 Warrant of Delivery: It isa civil writ issued by the judge ordering
property delivered to a named person.

Section 70 of the Code gives the essentials of a warrant of arrest. It lays

down that Court will issue warrant of arrest which shall be in writing,
signed by the presiding officer of such Court and shall bear the seal of
the Court.
In order to be a valid warrant, it must fulfill the following requisites:

 It must be writing.

 It must be signed by the presiding officer

 It must bear the name and designation of the police officer or other
person who is to execute it.

 The warrant must give full particulars of the person to be arrested

so as to identify him clearly.

 It must clearly specify the offences charged; and

 It must be scaled.

2. Every warrant shall remain in force until it is cancelled by the Court

which issued it or until it is executed. A warrant of arrest does not
become invalid on the expiry of the date fixed for return of the warrant.

3. Important Contents of the Warrant are:

 Name of Court

 Name of Police Officer

 Offence

 Place where offence has committed

 Seal of the Court

 Signed by the Presiding officer

 Name and address of the Accused

Section 73 of the Code of Criminal Procedure 1973, The Chief Judicial
Magistrate or a Magistrate of First Class may direct a warrant to any
person within his local jurisdiction for arrest of any escaped convict,
offender or person accused of a non-bailable offence, or a proclaimed
offender evading arrest who is accused of a non-bailable offence

Section 74 a warrant can be executed by a Police Officer to whom it has

been directed or may also be executed by any other police officer whose
name is endorsed upon the warrant by the officer to whom warrant was
directed or endorsed

Section 75 deals with notification of the substance of the warrant and

mandates every police officer (or any other officer) to notify the
substance of the warrant to the person whom he or she is arresting

Section 76 stipulates that the person arrested must be brought before the
Court (subject to provisions of Section 71 as to security) without
unnecessary delay

Section 79 of The Code of Criminal Procedure,1973 states that a warrant

may be directed to a Police Officer outside the jurisdiction of the Judicial
Magistrate, however this must be endorsed by the Executive Magistrate
or to a Police Officer not below the rank of an officer in charge of a Police
Station.

Section 80 of The Code of Criminal Procedure,1973 states that the person

shall be arrested and shall be taken to the Court who issued the warrant
if the Court is within thirty kilometers of the place of arrest. Otherwise,
the person shall be taken to the Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local
limits of whose jurisdiction the arrest was done or unless security has
been taken under Section 71, then he has to be taken before such
Magistrate or District Superintendent or Commissioner.
Process to Compel Production of Things:
Chapter VII of the criminal procedure code talks about the process to
compel the production of things. To find the person who had committed
the offence the police must have to go through a proper investigation.
During the investigation, the police must enquire about the accused and
examine the surroundings of the area where the crime has happened.
Section 91 to section 105 of the criminal procedure code deals with the
provisions of process to compel the production of things. During the
investigation, one must have to follow the procedure mentioned in
sections 91 to 105 of the criminal procedure code.

Process to compel production of things

Section 91 to 105 of the Criminal Procedure Code talks about various

ways through which the court or the police can compel the individual to
produce the necessary documents as mentioned in Chapter VII of the
Criminal Procedure Code.

The person can be compelled to produce things in four ways. They are
through

1. Summons
2. Search warrant
3. General search
4. Seizure and others

Section 91 enables the Court or the Police Officer in charge of the Police
Station to issue a summon to produce a document or a thing for
assistance in a trial, investigation or trial. The Court must have a reason
to believe that the production of documents is necessary in the interest
of justice. The application for summoning the production of documents
can only be rejected by assigning some justified reasons to it. The
wording of Section 91 gives wide powers to the Court to summon
documents and things. The term reason to believe is defined in section
26 of the Indian Penal Code.

The term document or thing used includes the meaning

1. The word thing refers to a physical object or a material thing and

does not refer to an abstract thing.
2. On such documents can be summoned which would have some
bearing upon the facts and circumstances of the case.
3. Therefore, the Officer or the Court summoning the documents
must ensure whether there is a prima facie case for supposing that
the documents are relevant.

The person to whom the summon is issued to produce a document or a

thing deemed to have complied with the summon when he brings them
to the court or sends the document through somebody else instead of
attending the court in person. The person doesn’t need to be physically
present while producing in court. The court only summoned to produce
things not for his appearance so the presence is immaterial. If the person
fails to comply with the summons of the court or police officer without
any reasonable cause he will be penalized under section 349 of the code.

Search Warrant (section 93 to 98)

A search warrant is a written authority given to the police officer or

other authorized person by the magistrate or a court, for searching any
place either generally or specified things or documents or for persons
confined or detained
There are six circumstances where the court may issue a search warrant.
They are:

1. When the person’s Non-compliance of summons issued under

section 91
2. When such a document is not known to the Court to be in the
possession of the person
3. When such document is necessary for inquiry, trial or other
proceedings or for general inspection or search;
4. Search of place under section 94
5. Search of persons under section 95
6. Compel restoration of abducted females under section 98.

Section 93 not only applies when the inquiry is pending but also when
an inquiry is about to be made. The search warrant may be general or
restricted in its scope as to place or part thereof.

Three cases in which a search warrant can be issued under section 93.

1. Where the Court has a reason to believe that the person summoned
to produce a document or thing will not produce a document or
thing;
2. Where the document or thing is not known to be in the possession
of any person;
3. Where a general search or inspection is necessary.

Under section 94 of the Criminal Procedure Code, the police can search
any place they suspect that there is the presence of stolen property or the
sale or deposit of objectionable articles.

Section 94 applies to the objectionable articles including:

1. Counterfeit coins;
2. Counterfeit currency notes;
3. Counterfeit stamps;
 4. Forged documents

The District Magistrate or Sub Divisional Magistrate or Magistrate of the

First Class can issue a search warrant under section 94 of the Criminal
Procedure Code

Requirements to issue a search warrant under section 94

1. The magistrate should have information regarding such

objectionable material.
2. He shall conduct an inquiry as he thinks necessary.
3. The inquiry must disclose a reason to believe that the place is used
for the deposit of any objectionable material.
4. Powers and Duties of the Police Officer

A search warrant under section 95 is used to search newspapers, books

or documents to declare them as forfeited.

1. The State Government, by way of a notification, may declare that

such publication shall be forfeited to the State Government if any
newspaper, document, or book contains anything that constitutes
an offence
2. Anyone who has a stake in a newspaper, book, or document that
the state government has ordered forfeited may apply to section
96.
3. This application must be submitted within two months after the
State Government’s announcement is published.
4. A special High Court bench made up of three or more judges will
hear this application.

Section 97 of the Criminal Procedure Code talks about the rescue of

persons who are wrongfully confined. The provisions of Section 97 are
in pari materia to the writ of habeas corpus. Therefore, a person
wrongfully confined can be rescued with the intervention of the Police
under provisions of Section 97.

Section 98 only applies to women and female children under the age of
18 who have been abducted or unlawfully detained for a wrongful
reason. The fact that Section 98 does not apply to male children indicates
that it was designed to protect the interests of women in our society who
are more susceptible to being kidnapped for criminal purposes.

Section 102: Power of Police officer to seize certain property.

The phrase “seize” refers to physically taking ownership, such as when

seizing moving property. according to Section 102, seizing a person’s
bank accounts and lockers does not constitute a seizure.

Scope

1. There must be an occasion for the Police Officer to seize any

property under section 102, and such occasion may arise in the
following cases:
2. If the property is stolen; or
3. It is suspected to be stolen; or
4. Such property has a direct link with the commission of crime

Rest from youtube

Condition Requisites for Initiation of

Proceeding
Generally speaking, “cognizance” refers to “knowledge” or “notice,”
and the phrase “taking cognizance of offences” refers to cognizance of
the alleged commission of an offence. According to the dictionary,
“cognizance” means “judicial hearing of a matter.” [2] Before beginning to
conduct the trial, the judicial officer must take cognizance of the offense.
Taking cognizance does not entail any formal actions; rather, it happens
as soon as a magistrate applies his or her judgment to the alleged
commission of an offense in order to initiate legal action. Therefore,
taking awareness is referred to as applying the judicial mind.

In Tula Ram v. Kishore Singh , the court ruled that taking cognizance
[6]

happens as soon as a magistrate applies his thoughts to the alleged

commission of a crime in order to continue to take further steps towards
harm or trial. To take cognizance of an offence does not require any
formal or actual action..

Chapter XIV of the Criminal Procedure Code (CrPC) pertains to the

“Conditions Requisite for Initiation of Proceedings.

1. SECTION 190- COGNIZANCE OF OFFENCES BY

MAGISTRATES

Section 190 of the CrPC in India outlines the conditions for a Magistrate
to take cognizance of an offense. According to this section, any
Magistrate of the first class and any Magistrate of the second class with
special authorization can take cognizance of an offense under certain
conditions. These conditions include receiving a complaint containing
facts that constitute the offense, receiving a police report with the
relevant facts, receiving information from a person who is not a police
officer, or having knowledge of the offense. The Chief Judicial
Magistrate has the power to empower a Magistrate of the second class to
take cognizance of offenses that fall within their competence to inquire
into or try. When a Magistrate starts the process under section 200, it can
be considered that he has taken cognizance. The Magistrate must ensure
that the complaint indeed qualifies as an offence before taking
cognizance. Additionally, the Magistrate must consider whether there is
adequate justification or reason to take cognizance of the offence by
applying his or her own judgment
Section 190 states that cognizance is based on the Magistrate’s
examination of the allegations in the complaint. During this stage, the
Magistrate must determine if there is a reasonable basis for proceeding,
rather than deciding if there is sufficient evidence for a conviction. The
assessment of whether the evidence is adequate to support a conviction
can only be made during the trial.

After the Magistrate has taken cognizance, he focuses on the offense

itself and not the offenders. It then becomes his responsibility to
investigate and identify the individuals who are responsible for the
offense. If the Magistrate concludes that other individuals, in addition to
those already presented by the police, are involved, he must proceed
against them as well. Thus, if a Magistrate takes cognizance based on a
report by a police officer, he is not limited to issuing process only to the
individuals charged by the police

SECTION 191- TRANSFER ON APPLICATION OF THE ACCUSED

This section states that if a Magistrate takes cognizance of an offense

under section 190(1)(c), the accused must be informed before any
evidence is taken that they have the right to request the case be tried by
another Magistrate. If the accused or any of the accused objects to
further proceedings before the current Magistrate, the case must be
transferred to another Magistrate designated by the Chief Judicial
Magistrate. The Magistrate who initially took cognizance of the offense
is not allowed to proceed with the trial unless the accused is informed of
their right to request a different court before evidence is presented.

SECTION 192- MAKING OVER OF CASES TO MAGISTRATES

Section 192 states that the Chief Judicial Magistrate has the power to
transfer a case to any subordinate Magistrate for inquiry or trial after
taking cognizance of an offence. Similarly, a Magistrate of the first class
who has been given the authority by the Chief Judicial Magistrate can
transfer the case to another competent Magistrate, as specified by the
Chief Judicial Magistrate through a general or special order, after taking
cognizance of the offence.

SECTION 193- COGNIZANCE OF OFFENCES BY COURTS OF

SESSION

This section states that unless provided otherwise by this Code or any
other current law, a Court of Session cannot take cognizance of an
offence as a court of original jurisdiction unless the case has been
referred to it by a Magistrate under this Code.

SECTION 194- ADDITIONAL AND ASSISTANT SESSIONS

JUDGES TO TRY CASES MADE OVER TO THEM

Section 194 of the Code of Criminal Procedure states that Additional and
Assistant Sessions Judges are authorized to try cases that are transferred
to them by the Sessions Judge of the division through general or special
order, or as directed by the High Court through a special order. This
section empowers the Sessions Judge to allocate work among Additional
and Assistant Sessions Judges. It should be noted that the term “cases”
mentioned in this section pertains to matters that are subject to trial, and
does not encompass appeals.[28] This section allows the High Court to
give a special order directing an Additional Sessions Judge or Assistant
Sessions Judge to try certain cases.

SECTION 195- PROSECUTION FOR CONTEMPT OF LAWFUL

AUTHORITY OF THE PUBLIC SERVANTS, FOR THE OFFENSES
AGAINST PUBLIC JUSTICE AND FOR THE OFFENSES RELATING
TO THE DOCUMENTS GIVEN IN EVIDENCE

This is a section of the Code of Criminal Procedure (CrPC) in India

which deals with the prosecution for the contempt of lawful authority of
public servants, for the offences against public justice and for the
offences relating to the documents given in an evidence. Section
mentioned prohibits any court from taking cognizance of any offence
under the mentioned sections of the Indian Penal Code unless a written
complaint is filed by the concerned public servant. This section falls
under the category of sections that restrict the court’s power to take
cognizance of certain offences unless a complaint is filed by a specific
person or authority.

The purpose of this section is protection against unfounded and careless

prosecutions brought by private individuals for offenses related to the
administration of justice and disrespect for lawful authority. Its goal is to
reduce the risk of unwarranted harassment caused by unwarranted,
baseless, or vexatious prosecution

SECTION 195A- [PROCEDURE FOR WITNESSES IN CASE OF

THREATENING

Section 195A outlines the procedure for filing a complaint in relation to

an offence under that section(Section 195A) of the Indian Penal Code (45
of 1860) for a witness or any other person who has been threatened

SECTION 196- PROSECUTION FOR OFFENSES AGAINST STATE

AND FOR CRIMINAL CONSPIRACY TO COMMIT SUCH OFFENSE

Section 196(1) states that a court cannot take action against cases
punishable under Chapter VI or Sections 153A, 153B, 295A or 505 of the
IPC, which deal with offenses against the state, without the consent of
the Central or State Government.

Section 196(2) states that the Court cannot proceed with a case of
criminal conspiracy under Section 120B of the IPC, unless it is a
conspiracy to commit a serious offence punishable by the death, life
imprisonment or imprisonment for more than two years, and the State
Government or District Magistrate provides written consent to start the
proceedings

REST FROM YOUTUBE

COMPLAINT TO MAGISTRATE :
When a person is offended by the act of other, then the first option which flashes into
mind is to register an FIR with Police. But sometimes it could happen that the officer
in-charge of Police Station refuses to register an FIR if he is of opinion that a
cognizable offence is not made out from complaint of person. Then in that case he can
sought another remedy i.e. he can directly approach to Magistrate with his complaint
with a prayer to take action on his complaint. The provision relating to “Complaints to
Magistrate” are dealt under Section 200-203Under Section 2(d) of CrPC the
term “Complaint” is defined which means “oral or written allegations against some
known or unknown person who has committed an offence are made to Magistrate
with a view that he will take action”.
The term “offence” under Section 2(n) means any act or omission which is punishable
by any law for the time being in force for eg. Indian Penal Code, 1886
Magistrate I class i.e. Chief Judicial Magistrate or any Magistrate II class who is
empowered by CJM can take cognizance of any offence in the following ways-

i. Upon receiving complaint (private) of facts which constitute offence.

ii. On Police Report u/S 173(2) i.e. Charge-sheet
iii. Upon receiving information from any other person except Police or on his own
knowledge that an offence has been committed.

When a Magistrate receive Complaint of aggrieved/offended person he has two

options, i.e., either without taking cognizance, he can direct Police to register a FIR
u/s 154 CrPC and investigate u/S 156(3) and produce a final report before him u/S
173 CrPC or he can take cognizance of offence u/S 200 CrPC on his own by
examining complainant on oath and witness (if any) and initiate proceeding under
Chapter XV of CrPC.
The first option is the stage of Pre-cognizance where the Magistrate has not applied
his judicial mind and has not examined complainant on oath whereas the second
option is the stage of post-Cognizance. Once, the Magistrate has taken cognizance and
direct Police to investigate u/S 202 he cannot go back to stage of pre-cognizance
In the pre-cognizance stage, after Magistrate, directs Police to lodge FIR, investigate
the matter and submit its report u/S 173 CrPC two possibilities can arise, either the
report can be Charge-sheet or it can be Final Report i.e., where no offence is made
out. The Magistrate has three options and he can avail either of them i.e.

a) Where Chargesheet is submitted- take cognizance u/S 190(1)(b) CrPC.

b) If Final Report is submitted-drop proceedings.
c) Where final report submitted and complainant protest it, then Magistrate can reject
police report and take cognizance u/S 190(1)(a)

When complaint is made to Magistrate in any of the above-stated following ways the
Magistrate is empowered under Section 200 to take cognizance of offence

Section 200 – Examination Of Complainant

When Magistrate take cognizance on complaint, he shall examine complainant and
witnesses (if any) on oath, and such examination shall be reduced into writing which
shall be signed by Complainant, witnesses (if any) and Magistrate.
Provided that magistrate shall not examine the complainant when-
i. The complaint is made by a Public Servant acting or purporting to discharge his
duty
ii. Complaint is made in transfer u/S 192 CrPC. The transferee court need to examine
Complaint once, it is already examined by transferor court.
Here, examination is made with purpose to ascertain whether the complaint
constitutes prima facie case against the person accused of the offence in the
complaint, and to prevent the issue of process on a complaint which can be either false
or vexatious or intended to harass such person,

Section 201 CrPC- Procedure by Magistrate not

competent to take cognizance of the case
This Section determines what procedure can be opted by Magistrate if he is
incompetent or has no jurisdiction to take cognizance on complaint.

 Where complainant produce written complaint, Magistrate shall return

the complaint for presentation in proper court with endorsement to that
effect, whereas,
  When oral complaint is made, Magistrate shall direct the complainant to
approach to proper court.
Section 202- Postponement of Issue of Process.
If a Magistrate, thinks fit and deems necessary, he can postpone the issue of process
on receiving complaint u/S 190(1)(a), or if complaint is made to him u/S 192 or where
person against whom complaint is made i.e., accused resides outside his jurisdiction.
By postponing the process, he can either inquire into the case himself or direct police
to investigate so to ascertain whether there exist proper and sufficient grounds to issue
process against accused u/S 204 CrPC or dismiss complaint u/S 203 CrPC.
Magistrate inquires the case by taking evidences on oath. Provided, where it appears
to him that case is exclusively triable by Court of Sessions, he directs to complainant
to produce all his witnesses and evidences and examine them on oath
Under Sec 202 CRPC Magistrate is empowered to inquire into the matter himself or
direct police to enquire into the matter to ascertain the truth or falsehood of allegations
made in complaint before arriving at the decision to dismiss complaint or to issue the
process u/s 204 CRPC on the basis of-
on the material placed by the complainant before the court;
(ii) for the limited purpose of finding out whether a prima facie case for issue of
process has been made out;

Section 203- Dismissal of Complaint

After considering the examination of complainant on oath taken u/S 200 and result of
inquiry or investigation done u/S 202, if the Magistrate is of the opinion that no
offence is made out he shall dismiss the complaint and record reasons for same in
brief.

Commencement of Proceeding before

Magistrate
Section 204 to 210 of Criminal Procedure Code deals with the process
of commencement of proceedings before the magistrate.

The magistrate can initiate proceedings only after making cognizance.

Cognizance literally means knowledge or notice, and taking cognizance
of offence means taking notice, or becoming aware of the alleged
commission of an offence The circumstances under which the
magistrate can take cognizance is defined in section 190 of the criminal
procedure code. It stated that

Subject to the provisions of Chapter, any Magistrate of the first class, and
any Magistrate of the

second class specially empowered in this behalf under Sub-Section (2),

may take cognizance of any offence—

1. upon receiving a complaint of facts which constitute such offence;

2. upon a police report of such facts;
3. upon information received from any person other than a police
officer, or upon his own knowledge, that such offence has been
committed.

The magistrate after making cognizance either dismiss the complaint or

accept the complaint and initiate proceedings. The criminal procedure
code categorizes cases into two categories: summary cases and warrants
cases. The punishment given out to each of them is where they diverge
most. The typical punishments for crimes in warrants cases include the
death penalty, life in jail, or a maximum sentence of two years.

To begin the trial process, the magistrate must be competent to take

cognizance of the accused offence. According to Section 201, if the
magistrate is unable to take cognizance of an offence, he must

1. if the complaint is in writing, return it for presentation to the

proper Court with an endorsement to that effect; and
2. if the complaint is not in writing, direct the complainant to the
proper Court.

Section 203 gives the Magistrate the authority to reject a complaint. In

the event that the Magistrate determines that there are insufficient
reasons to proceed, he may dismiss the case.
Section 204 of this Act gives the Magistrate the authority to issue a
process. If it is a summons case, the magistrate may issue a summons. In
a warrant case, a warrant is issued. In order to make the accused appear
before the relevant Magistrate by a specific date, the Magistrate may also
call him.

According to section 205 of chapter XVI of Criminal Procedure Code

magistrate have the power to dispense the personal attendance of the
accused person. The magistrate may exempt accused person his personal
attendance during the proceedings. He can appear through his pleader if
there are certain reasonable causes in doing so. If necessary, the
Magistrate may also order the accused to personally appear at any point
throughout the investigation. The magistrate can exempt the accused to
appear in initial proceedings but this will not carry out till the final
proceedings

Section 206 (2) states that the Magistrate may issue some special
summons in instances of minor violations. For the purposes of this
provision, a “petty offence” is any offence that is only punished by a fine
of up to one thousand rupees but any offence so punishable under the
Motor Vehicle Act, 1939 or under any law provides the convicting the
accused person in his absence on a plea of guilty is not included.
According to Section 260, when a magistrate takes cognizance of a minor
offence, the matter may be promptly dismissed; but, on occasion, the
magistrate may issue a summons requiring the defendant to appear in
person or through a pleader. If the accused appear through the pleader
and confess his offence. He can make payment of fine through the
pleader

sections 207 and 208 deals with the supply of documents to the accused.
It is crucial to provide the accused with appropriate paperwork so they
can comprehend the process that was used and the current state of the
case. The submitted documents could possibly be used as needed in the
future. Such records must be made available so that prejudice won’t be
present throughout the trial

When proceedings are started based on a police complaint, Section 207

mandates that the Magistrate give the accused individual specific copies
of specified papers. The documents must be given away without fee. The
required paperwork must be submitted in the following formats:

1. that of the police;

2. The Section 154 First Information Report (FIR) is recorded

The commitment of the case to the Court of Session is mentioned in

Section 209. In accordance with this clause, if a Magistrate determines,
after instituting a case, that the offence is only triable by the Court of
Session

1. The Magistrate can send evidence and other relevant evidence to

the concerned court to carry out the proceedings.
2. The Magistrate can also notify the Public Prosecutor of the
commitment of the case to the Court of Session.
3. The accused can be remanded in custody until the proceedings are
subject to the other provisions relating to bail.

Section 210 of Criminal Procedure Code deals with the procedure to be

followed when there is both complaint case and police investigation
regarding the same offence. If a police officer is investigating the same
matter as a trial or inquiry, the Magistrate has the authority to halt the
proceedings and request a report from the investigator. If the police
report is unrelated to any of the accused in the case or if the magistrate
declines to find an offence in the police report, he must resume the
investigation or trial he stayed in accordance with other code
requirements.
 UNIT 3
PART 1
Framing of Charges and Joinder of
Charges
The procedure, as laid down under the Code of Criminal Procedure,
1973, broadly discusses which court shall frame charges and on what
kind of offences, which trials require the framing of a formal charge, and
under what situations where a single charge shall be framed for different
offences. Whenever a First Information Report (FIR) is lodged against
anyone, the police have to submit a police report in the court. The court
then frames the charge to inform the accused about the allegations
against him. The basic idea behind the framing of charges is to ensure
that the person gets a free and fair trial by informing him about the
offence he has committed so that he can defend himself in a court of law
through his counsel. Framing of charges is an important exercise to give
the accused vital information about the offence. It also acts as a notice to
the accused person to be present during the trial.

The Code of Criminal Procedure (CrPC), 1973, defines ‘Charge’ under

Section 2(b) as “any head of charge when the charge contains more heads than
one.” The definition under this section defines both ‘charge’ as well as
‘charges.’ A charge is simply an allegation raised by the court against a
person who has been accused of an offence. In other words, the charge is
a legal word used to denote an allegation. Similarly, when an allegation
against a person consists of more than one, it is known as ‘Charges.’ For
example, if we take a situation where a person, A, has been alleged of a
hit-and-run case by B, and an FIR has been lodged against him. After the
FIR has been lodged, the police will submit a report in the court
informing the court about the offence A has committed along with the
investigation status.

The topic of Charges has been divided into two headings: (i) Forms of
Charges (Section 211-217); and (ii) Joinder of Charges (Section 218-224)

FRAMING OF CHARGES:

Framing of charges refers to the court’s opinion that the accused has
done a particular offence after considering the police report and other
documents and hearing both parties. It is a first step towards initiating a
trial against the accused

i. Summary Trial, which is conducted for the offences punishable

with imprisonment not more than two years, or, in case of theft or
receiving of stolen property or assisting in retaining the stolen
property, where the value is less than Rs. 2,000.
ii. Summons Case, which includes the trial of offences with an
imprisonment of not more than two years. As per Section 251, the
accused person, when brought or appears before the court, is
informed about the offence he has committed, and the court shall
ask him whether he pleads guilty or has to make any defence, and
in such cases, framing of formal charges is not required.
iii. Warrant Case (Sections 238-250).
iv. Trial before Sessions Court (Sections 225-227)

TRIAL BEFORE THE COURT OF SESSION

Under the CrPC, framing of charges has been divided into two
different chapters, viz. (i) Chapter XVIII (Trial before a Court of
Session); and (ii) Chapter XIX (Trial of Warrant-Cases by Magistrate).

Section 228 of CrPC talks about the framing of charges in cases where
the trial is held before a Court of Session. Those offences which are
exclusively triable by the Court of Sessions and are mentioned in the
First Schedule of the CrPC are included in the Trial before Court of
Session. As per Section 228(1), when the Court of Session takes into
consideration the report of police and other documents and hears
both parties. It considers that there is a ground for the presumption of
the accused in the commission of the offence, it shall take into
consideration the following things:

If the case is not exclusively triable by the Court of Session, the

court may frame a charge against the accused and then, by order,
transfer the case to the Chief Judicial Magistrate or any other Judicial
Magistrate of First Class and direct the accused to be present before
that court on a particular date as it deems fit

If the case is exclusively triable by a Court of Sessions, the

court shall frame a charge against the accused

TRIAL OF WARRANT CASES BY MAGISTRATE

Section 240 of CrPC, 1973 talks about framing of charges by a

Magistrate in Warrant cases. Warrant Case involve the trial of cases
where the offences are punishable with an imprisonment for a term
exceeding two years. As per Section 240(1), where the Magistrate is
satisfied that the matter before him is triable and there is a ground to
presume that the person has committed the offence, he shall frame
charges in writing. Then the charges shall be explained to the accused
in a fair manner, and asked whether he pleads guilty; it is a formal
pronouncement of charges by the court under Section 240(2)

JUDICIAL ANALYSIS OF SECTIONS 238 & 240:

In the case of Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj

Bijjaya, the Hon’ble Supreme Court opined that at the stage of
framing of the charge, courts have to take into consideration that the
allegations made against the accused are prima facie believable. The
framing of charges depends on the ‘subjective satisfaction’ of the
courts

 Similarly, in the case of State of Tripura v. Bhupen Dutta

Bhowmik, the court observed that “at the stage of framing of charges,
the courts are required to examine the broad possibilities of the case.” It
has to take into consideration the preliminary evidence and justify
the charges with the allegations made.

JOINDER OF CHARGES: Sections 218 to 224 deals with

the Joinder of Charges.

Whenever a person is accused of any offence, a single charge may

be framed against him or more than one. The general principle
under the CrPC is that for every offence a person has committed,
the court has to frame separate charges for separate offences[17]. In
other words, every offence constitutes a separate charge. However,
there may be situations where different charges may be framed
together as a single entity. For example, two or more persons who
commit the same offence can be tried together, taking both under
one heading.

Section 219 talks about a situation where a person commits a series

of similar offences within 12 months (whether in relation to the
same person or not); the court shall charge him with all the
offences under a single charge. This has been done to avoid the
multiplicity of proceedings in relation to the same kind of offences

Part two of the same section mentions that where the person
commits an offence of the same type, which is punishable with the
same quantum of punishment, he shall be tried for all those
offences under a single header of charges.
 Section 220(1) states that where a person commits a series of
offences so closely related that they form a part of a single
transaction, they shall be tried under a single charge for all those
acts. There may arise a case where a single offence committed by a
person may fall under different definitions under the law for the
time being in force; in such cases, the person shall be tried under a
single charge for all the offences. If a person, while committing an
offence, commits another offence which is separate in nature, he
shall be tried for a single charge for both offences. For example, if a
person committed the offence of robbery, and to commit the
offence, he caused injury to someone, he shall be tried under
Sections 323, 392 and 394 of the IPC

As per Section 221, Where there is a doubt related to the series of

offences committed by the accused, he shall be tried under a single
offence for that act at once. However, suppose it is found during
the evidence stage that the person has not committed the offence
he has been tried with. In that case, he shall be convicted of the
said charge and, simultaneously, convicted under the committed
offence under a different charge

he joint trial has been mentioned in Section 223, where a group of

persons can be subjected to charges together under a single trial. It shall
happen only under the following circumstances:

 Where the accused persons have committed the same or different

offences in the same course of time.
 Where accused persons have abetted the commission of the crime

Jurisdiction of the Criminal Courts

in Inquiries and Trials
When an offence has been committed at a particular place, usually the
court in whose jurisdiction the crime has been committed has the
 jurisdiction to inquire into and try that case, but doubt arises when the
offence has been committed in a foreign country.

According to Section 2(g) of the Code of Criminal procedure(hereinafter

referred to as CrPc), “inquiry” is defined as “every inquiry, which does not come
under the definition of trial, which is looked into by either the court of a
Magistrate, or by any other Court so authorized under the Code Of Criminal
Procedure. This means and includes all those proceedings before framing of
charges”.

It can be conducted either by a Magistrate or before a Court. These proceedings

do not result in conviction or acquittal. It can only result in discharge or
commitment of trial. It refers to everything done before the trial begins. Trial
begins where inquiry ends. The object of inquiry is to identify whether the
allegations are sustainable or not.

Trial
The trial commences when the inquiry stage comes to an end. It is the
most important and the third part of a judicial proceeding. It is the
process by which the guilt or innocence of an allegation on a person is
ascertained

The trials have been divided into four categories which have different
approaches and procedures.

1. Session trial
2. Warrant trial
3. Summons trial
4. Summary trial

Jurisdiction of the Criminal Courts

 Section 177 – According to this section, the Court under whose
jurisdiction the offence has been committed only has the authority to
inquire into and try such case.
 Section 178 deals with the situations where the offence has been
committed in more than one place,
 When the place of commission of the offence is uncertain because it
has been committed in several places.
  Where an offence is partly committed in one local area and the rest in
another area.
 When the offence comprises of several acts, committed in different
local areas.

If any of the above conditions are fulfilled, then such offence may be
inquired into or tried by a Court having jurisdiction over any of such local
area.

REST FROM YOUTUBE

Types of trials: Sessions Trial, Warrant

Trial, Summons Trial, Summary Trial
a trial is a formal examination of evidence by a judge, usually with a jury,
to determine if someone is guilty in a civil or criminal case. The judge also
needs to ensure that the punishment is enough to discourage wrongdoing
but not so harsh that it becomes cruel. It should be fair and humane,
striking a delicate balance to reform the offender for the benefit of both
the individual and society.

Types of Trial in CrPC

In the Indian legal system, trials for accused individuals are categorised based on
the severity of the offence. There are four types of trial in CrPC:

 Session Trial
 Warrant Trial
 Summons Trial
 Summary Trial

Sections 225-237 cover the trial of warrant cases by a Court of Session.

Sections 238-250 govern the trial of warrant cases by magistrates.
Sections 251-259 outline the procedure for trial of summons cases by
magistrates.
Sections 260-265 provide provisions for summary trials.

Session Trial
If the offence carries a punishment exceeding seven years of imprisonment, life
imprisonment or the death penalty, the trial is conducted in the Court of Session

First Stage of Trial

Prosecution Role: The trial in the Court of Session is conducted by a Public
Prosecutor (Section 225). The Court of Session, operating at the district level,
handles serious and grave offences. The prosecutor’s primary task is to present
evidence in court to establish the guilt of the accused (Section 226).

Power of the Sessions Court: The Court of Session, as per Section 199, not only
takes cognisance of offences but also deals with matters related to serious
offences. It lacks the power to drop charges under Section 239 but can, under
Section 226, frame or alter charges when an accused is committed for trial
without a charge or with an imperfect or erroneous charge.

Discharge Decision: If, after reviewing the evidence and the accused’s
submission, the judge finds insufficient grounds to proceed against the accused,
the accused is discharged with reasons provided (Section 227)

Charge Framing: If there is sufficient ground to presume that the accused

committed an offence triable by the Court of Session, the court frames a written
charge against the accused.

Reading of Charges: The framed charges are read aloud in clear and
understandable language in front of the accused. The accused is then asked to
plead guilty or not guilty to the charges (Section 228).

Second Stage of Trial

If the accused understands the charges and pleads guilty, the judge records the
plea and may convict the accused
While the judge has the power to convict under Section 229, it is advisable not to
immediately convict. The preferred approach is to ask the prosecution to present
evidence to prove its case.

If the accused refuses to plead guilty under Section 229, the judge schedules a
date for the prosecution to examine witnesses and produce any relevant
documents

Third Stage of Trial

If, after examining the accused and prosecution evidence, the judge finds no
evidence of the accused committing the offence, the judge acquits the accused

If the prosecution’s evidence justifies the charges and denies acquittal, the
defense counsel presents evidence in support of the accused.

After hearing both sides, when the issue arises for a closing statement, Section
314 applies. The defense gives a closing statement under Section 234 and the
prosecution gives one under Section 235.

Warrant Trial
warrant case involves offences punishable by death, life imprisonment or
imprisonment exceeding two years. The trial for a warrant case commences either
through the filing of an FIR at a police station or by submission before a
Magistrate.

Chapter XIX of Cr.P.C, spanning from Section 238 to Section 250, outlines
the procedures governing warrant trials.

For the trial of warrant cases by Magistrates, two distinct procedures are
prescribed. The first is applicable to cases instituted based on police reports
(Sections 238 to 243 and 248 to 250 of Cr.P.C.). The second is designed for cases
instituted other than those based on police reports
First Stage of Trial
In compliance with Section 207, the magistrate ensures receipt of all necessary
documents along with the charge sheet

If, upon reviewing the charge sheet filed under Section 173, the magistrate deems
the charge groundless, the accused is discharged and the reasons are recorded

If the magistrate believes the accused is triable, charges are framed against the
accused (Section 240).

Second Stage of Trial

After framing charges under Section 240, the magistrate proceeds to prove the
case under Section 242.

Under Section 242(3), the magistrate is obligated to gather all evidence

presented in support of the prosecution

If the case is initiated through a private complaint and the accused is brought
before the magistrate, the prosecution reviews all evidence. The prosecution can
issue a summon to any witness, directing them to attend or produce relevant
documents (Section 244).

After gathering evidence under Section 244, if the magistrate deems the charges
groundless at any prior stage of the case, they can discharge the accused (Section
245).

If, upon framing charges against the accused, the magistrate finds them not
guilty, an order of acquittal is released.

Summons Trial
Section 252 to Section 259, encompasses the provisions governing summon
trials.
First Stage of Trial
When the accused appears in front of the magistrate, the particulars of the
offence are stated and the accused is asked whether they plead guilty to the
charges

If the accused pleads guilty, having received the summon under Section 206, the
magistrate may accept the plea by post or messenger. If the accused disagrees,
the magistrate, using discretionary powers, may impose the specified fine.

Sub-section (2) of Section 253 clarifies that the magistrate can discharge the
accused at any previous stage if, for recorded reasons, the charge is deemed
groundless.

Second Stage of Trial

If the magistrate is satisfied with the guilt based on charges framed, he may
convict the accused under Section 252 or Section 255.

Before a final order is passed, if the complainant convinces the magistrate to

withdraw the complaint, the magistrate may permit withdrawal.

Summary Trials
Chapter XXI of Cr.P.C, spanning from Section 260 to Section 265L, outlines
the provisions governing summary trials.

The primary goal of a summary trial is to dispose of cases expeditiously.

The procedure for summary trials is the same as that specified for summon
trials

If the accused doesn’t plead guilty in a summary trial, the magistrate

records the substance of the evidence. The judgment must contain a brief
statement of the reasons for the specific finding (Section 264

Judgement and Sentences under the Code

Judgement is a very basic term used in our daily lives in normal parlance.
Generally, it means analysing a certain situation and forming a notion thereafter.
In a legal sense, judgement is the decision given by the Court, after hearing both
the sides as it contains the complete reasons for reaching such a conclusion. The
judgement thus forms an important and an integral part of a legal process.
Chapter 27 of the Code of Criminal Procedure,1973 deals with matters
relating to judgement and the delivery of judgement. The Code itself
does not provide for a definition of the term “judgement”

According to Sec. 353, Cr.P.C., 1973 provides for the manner in which
the judgement of a criminal court has to be delivered. It states that
judgement should be pronounced immediately after the end of trial or at
some subsequent time with notice to both sides. It has to be pronounced
in open court by the presiding officer by

 delivering the whole of the judgement or

 reading out the whole judgement or
 reading out the operative part of the whole judgement and
 explaining the substance of the judgement in the understandable
language.

It is the fundamental rule of criminal jurisprudence that the judge who

hears the evidence should write the judgement. It was held in Surendra
Singh v. State of U.P., that a judgement written by a judge cannot be
delivered by another judge. It is merely considered as an opinion.

According to Sec. 354, Cr.P.C., 1973 provides for the language and the
contents and the particulars of a judgement. According to the section,
some essentials of every Judgement shall be:

 It should be written in the language of the court which is to be

determined by the State Government.
 It should contain the relevant point or points of determination and
the reasons for the decision.
  It should be a speaking order and must therefore contain the
specifications as to the offence (if any) of which the accused is
convicted and the punishment he is sentenced to.
 If any offence is punishable with imprisonment for life or death,
and the court in the instant case, prescribes the death penalty, it is
duty bound to furnish the reasons for the same. If the offence
punishable with imprisonment for a term of one year or more, but
the Court imposes a sentence of imprisonment for a term of less
than three months, it shall record its reasons for awarding such
sentence, unless the sentence is one of imprisonment till the rising
of Court or unless the ease was tried was tried summarily. When
any person is sentenced to death, the sentence shall direct that he
be hanged by the neck till death. In order to constitute a judgment,
the decision of the Criminal Court must be final.


According to Sec. 2(wa), Cr.P.C., 1973 which was introduced vide the Cr.P.C.
(Amendment) Act, 2008 defines victim as “a person who has suffered any loss or
injury caused by the reason of act or omission for which the accused person has
been charged and the expression ‘victim’ includes his or her guardian or legal
heir.” The victim of a crime, in addition to the physical and/or mental
injury suffers from certain monetary losses as well. The idea
that [4]Section 357, Cr.P.C., 1973 incorporates is the combination of the
roles of the Civil Court (which awards damages/compensation to the
aggrieved party) and Criminal Court (which punishes the offender) to
an extent by empowering the Criminal Court to grant compensation to
the victim and to order the payment of costs of the prosecution. The
order for compensation can be passed by

The fine may be imposed in the following cases:

a) To meet the prosecution expenses;

b) If any loss or injury is caused to the victim, when such compensation
is recoverable in Civil Cases

Section 357-A talks about victim compensation scheme. It assigns the

role of formulating victim, compensation schemes to the State
governments and the legal services authorities are supposed to carry out
its implementation. Every state Government along 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 any
loss or injury as a result of the crime and who require rehabilitation.
Where the victim is identified but not the offender and where no trial
takes place, the victim or his dependents may make an application to the
State or the DLSA for award of compensation.

Section 358 of the Code provides for compensation to persons who have
groundlessly been arrested. The essential requirements for the
application of this section are:

a) a person must have caused another person to be arrested by a police

officer;

b) the Magistrate hearing the case must be of the opinion that there was
no sufficient ground for causing the arrest.

Then the Magistrate may award compensation maximum up to one

thousand rupees to the arrested person by the person who has caused
such arrest. And in default of such payment, the person by whom it is
payable shall be sentenced to simple imprisonment for the term not
exceeding thirty days as the Magistrate directs.

Section 359 of the Code, the Criminal Courts (and the Courts of Appeal,
in cases of revision) are empowered to pass an order for compensation in
non-cognizable cases. And in default of such payment, the accused shall
suffer simple imprisonment for the term not exceeding thirty days and
such costs may include any expenses incurred in respect of process-
witness and pleader’s fees which the Court may consider reasonable.

The quantum of compensation is determined by taking note of the

nature of the crime, injury/ loss suffered and the capacity of the
convict to pay the aforesaid compensation.

Section 362 of the Code states that no Court, when it has signed its
judgement or final order disposing off a case can alter or review the
same unless it is done in order to correct clerical errors. [11]Section 363
provides that a copy of the judgement has to be given to the accused and
other persons.

Section 364 of the Code provides for “The original judgment shall be
filed with the record of the proceedings and where the original is
recorded in a language different from that of the Court and the accused
so requires, a translation thereof into the language of the Court shall be
added to such record”.

Section 365 of the Code provides that in case tried by the court of
sessions or by a chief judicial magistrate, the court or such magistrate
shall forward a copy of the sentence/finding to the district magistrate
within whose local jurisdiction the trial was held. The logic behind this
provision is to keep the District Magistrate informed about the serious
crimes.

SENTENCES (Chapter 32, CRPC)

each judge works in his own discretion and the sentence given by him is
based on his own judgment. Sentences can vary in the way they are
implemented. There are several factors which affect the matters of
executing sentence. Under the Indian Constitution, 1950 Article 72 and
161 empowers the governor and the president to grant pardon or
commute the sentence. This power is exercised by the head of the state
i.e. either by the Governor or by the President.
TYPES OF SENTENCES

A. DEATH SENTENCE

Under Section 366 of Cr.P.C, 1973, a session judge cannot execute a

death sentence without the confirmation of High Court, till the time the
convict remains in jail. Then the High Court looks into the case under
section 388 and can: –Confirm the sentence given by Session Court

 IMPRISONMENT

The State Government has the power to direct the place of imprisonment
for any person who is convicted under Cr.P.C, 1973. Place of
Imprisonment Under section 417 of Cr.P.C, if a person is sentenced
under the provisions of Cr.P.C and is restricted in jail than the
magistrate of the court intends to order the person so sentenced, must be
shifted to criminal jail.

If a person who was transferred to criminal jail from the civil jail, will be
sent back to civil jail unless-

 Three years have been elapsed since he was moved to criminal jail,
in this case he shall be released under Section 58 of Civil Procedure
Code, 1908 or Section 23 of the Provincial Insolvency Code.

LEVY OF FINE Warrant for levy of fine According to Section 421

of Criminal Procedure Code, 1973, when the offender has been
sentenced to pay a fine, it can be recovered either or both of the
following ways-

 Issue a warrant for levy the amount through attachment and sale
of any movable property belonging to the offender.
 Submission of Death Sentences for
Confirmation
From youtube
General Provisions as to Inquiries and Trial
From youtube
Execution, Suspension, Remission and
Commutation of Sentences

Execution of sentence of death

Under Section 366 of the CrPC,1973, a session judge cannot execute a death
sentence without the confirmation of the High Court, till that time the convict
has to be in jail custody. The High Court, under Section 368 of the CrPC, looks
into the case. The High Court can:

 Confirm the sentence given by the Session Court.

 Annul the conviction and convict the accused of the same charges as
that of the Session Court or may order for fresh proceedings on the
same or altered charges.

Execution of sentence of death passed by High court

Under Section 414 of the CrPC, if the High Court, passes the order of death
sentence in appeal or revision, the Session Court has to carry on the order by
issuing a warrant.

REST FROM YOUTUBE

 UNIT 4
PART 1
Appeals FROM YOUTUBE
Reference and Revision b. Inherent Power of
Court
FROM YOUTUBE
Transfer of Criminal Cases d. Plea Bargaining
FROM YOUTUBE