Cognizable vs Non-Cognizable Offences in India

This document explains the key differences between cognizable and non-cognizable offences in India,
covering aspects like police powers, investigation procedures, and relevant legal judgements.

Classifying Offences

 The Indian Penal Code (IPC) defines all crimes.

 The Criminal Procedure Code (CrPC) classifies offences into three main categories:
cognizable, non-cognizable, and compoundable/non-compoundable (explained in a separate
article).

 This article focuses on cognizable and non-cognizable offences.

Cognizable Offences

 Definition: These are serious offences for which the police can arrest the accused without a
warrant. They can also begin an investigation without court permission.

 Severity: Punishable with imprisonment for at least 3 years, life imprisonment, or death
penalty (as per CrPC Section 2(c)).

 Examples: Murder, rape, theft, kidnapping, dowry death.

 Police Powers:

o Arrest without warrant (Section 156 CrPC).

o Initiate investigation immediately.

o Bound to register an FIR (First Information Report) if information discloses a

cognizable offence (Section 154 CrPC).

o Investigate within local jurisdiction.

o Forward FIR to magistrate if crime scene falls outside their jurisdiction.

 Procedure:

o FIR filed at police station.

o Investigation starts with arrest.

o Investigation limited to local jurisdiction.

o Arrested person produced before magistrate within 24 hours (including travel time).

o Application to magistrate for extended custody if investigation incomplete (maximum

14 days remand).

o Question witnesses and record statements.

 o Medical examination for rape/molestation victims within 24 hours.

o Charge sheet prepared after investigation.

o Trial in court with witness testimonies and arguments from both parties.

o Judgement based on evidence, with punishment of at least 3 years imprisonment and

other penalties as per IPC if found guilty.

Non-Cognizable Offences

 Definition: Less serious offences for which the police cannot arrest the accused without a
warrant and cannot investigate without court permission.

 Severity: Typically punishable with less than 3 years imprisonment (bailable offences).

 Examples: Assault, cheating, forgery, defamation, public nuisance.

 Police Powers:

o Cannot arrest without a warrant (Section 155 CrPC).

o Cannot investigate without magistrate's permission (Section 155(2) CrPC).

o Must record complaint and refer informant to magistrate.

o Investigate only after receiving permission from magistrate.

 Procedure:

o Complaint filed with police.

o Police enter the case in the station diary.

o Informant referred to magistrate.

o Investigation begins only after magistrate's permission.

o Procedure similar to cognizable offences after investigation.

Combined Offences

 If a case involves both cognizable and non-cognizable offences, the entire case is treated as
cognizable (Section 155(4) CrPC).

 The investigating officer has the same authority as in a cognizable case.

Important Judgements

 Lalita Kumari v. State of U.P. & Ors (2013): Established that police are bound to register
FIRs for cognizable offences upon receiving information, without preliminary inquiries.

 Sakiri Vasu v. State Of U.P. And Others (2007): Upheld that aggrieved parties cannot
demand investigation by a specific agency but can request proper investigation of the alleged
offence.
Conclusion

Understanding the distinction between cognizable and non-cognizable offences is crucial for citizens
to know their rights and the police's powers during criminal investigations.

BAILABLE AND NON-BAILABLE OFFENCES

Introduction

The Indian Penal Code (IPC), 1860, categorizes offences into compoundable, non-compoundable,
bailable, and non-bailable. This article focuses on bailable and non-bailable offences, discussing their
definitions, examples, differences, and bail provisions under the Code of Criminal Procedure Code,
1973 (CrPC).

Difference between Bailable and Non-Bailable Offences

Basis Bailable Offences Non-Bailable Offences

Gravity Lower gravity compared to non-bailable offences Higher gravity

Generally below or up to three years of

Punishment imprisonment Punishment can exceed three years or more

Bail Can be granted as a matter of right Not a matter of right; discretion of the court

Power to grant Mostly granted through court; police can grant

bail Police or court can grant bail in some cases

Refusal of bail is wrongful confinement under

Offence Section 342 IPC No offence if bail is not granted

Examples Kidnapping, Stalking, Cheating, etc. Theft, Rape, Murder, etc.

Bailable Offences

 Defined in Section 2(a) of CrPC as offences listed as bailable in the first schedule.

 Generally less serious offences with punishment below three years or with a fine.

 Examples include being a member of an unlawful assembly (Section 143 IPC), obscene acts
(Section 294 IPC), and voluntarily causing hurt (Section 323 IPC).

Bail in Bailable Offences

 Bail is a matter of right.

  Section 436 of CrPC grants absolute and indefeasible right to bail in bailable offences.

 Refusal of bail by police attracts penal consequences under Section 342 IPC.

Case Law: Rasiklal v. Kishore Khanchand Wadhwani (2009)

 Supreme Court affirmed bail as an absolute and indefeasible right in bailable offences.

Conclusion

Understanding the distinction between bailable and non-bailable offences is crucial in criminal law as
it relates to the personal liberty of the accused. Bail provisions, especially in bailable offences, ensure
a balance between individual rights and societal safety.

1. Bailable Offences:

 Bail Application Procedure: The accused in bailable offences has the right to be
released on bail. Initially, bail can be obtained from the police station by arranging
sureties. However, judicial bail from the court is mandatory even after police bail.

 Case Law Reference: Haji Mohammed Wasim v. State of U.P (1991) established that
a person released on bail by the police must seek fresh bail from the court as part of
the trial procedure.

2. Non-Bailable Offences:

 Bail Application Procedure: Bail in non-bailable cases requires a judicial process

under Section 437 (if pending before a court other than the sessions court) or Section
439 (if pending before the sessions or high court). The application includes facts of
the case, grounds for bail, references to judicial precedents, and assurance of
compliance with court orders.

 Discretionary Nature: Bail in non-bailable cases is at the discretion of the court,

considering factors like the gravity of the charge, nature of the accusation, evidence,
trial length, witness tampering risk, circumstances of the offence, and accused's
health, age, and sex.

 Case Law Reference: Pramod Kumar Maglik v. Saihna Rani (1989) clarified that
bail in non-bailable cases depends on the court's discretion, as indicated by the use of
"may" in Section 437.

3. Right to Bail:

 Bailable Offences: The accused has an absolute and indefeasible right to bail in
bailable offences as per Section 436, which uses the term "shall" to mandate bail.

 Non-Bailable Offences: Bail in non-bailable cases is not a matter of right but

depends on the court's discretion, as affirmed in Rasiklal v. Kishore Khanchand
Wadhwani (2009) and Pramod Kumar Maglik v. Saihna Rani (1989).

4. Factors Considered for Bail:

 The gravity of the charge

  Nature of the accusation

 Evidence strength

 Trial duration

 Witness tampering risk

 Circumstances of the offence

 Accused's health, age, and sex

5. Recent Case Law References:

 Sanjay Kumar Gupta v. State of U.P., (2021) clarified the right to anticipatory bail
after custody and the necessity of presenting relevant facts for bail.

 Prem Shankar Prasad v. State of Bihar, (2021) stated that absconders are not entitled
to anticipatory bail.

 Kanumuri Raghrama Krishnan Raju v. State of Andhra Pradesh, (2021) confirmed

the high court's jurisdiction to entertain bail applications under Section 439 directly.

 Sudha Singh v. State of U.P., (2021) emphasized the balance between the accused's
freedom and the impact on victims and their families in bail decisions.

Arrest
Arrest is a very important process in the code as it ensures the presence of the accused at the trial.
Section 41 to 60 of the CRPC lays down the provisions relating to Arrest of Persons. This section
empowers a police officer to arrest a person.

Meaning of Arrest
 Arrest is the deprivation of personal liberty by legal authority, involving the actual seizure or
touching of the person to keep them in detention.

 “Every compulsion or physical restraint is not arrest but when the restraint is total and
deprivation of liberty is complete, that would amount to arrest”. The expression “Arrest”
literally means “Deprivation of personal liberty by legal authority. An arrest implies the
actual seizure or touching of the person with a view to keep him in detention.

Types of Arrest
 1. Arrest with Warrant

 Issued by a Magistrate after taking cognizance of the offence, whether cognizable or

non-cognizable.

 Purpose: To make the accused appear before the court.

2. Arrest without Warrant

 Generally, a person should be arrested with a warrant, but exceptions exist for serious
circumstances.

Circumstances for Arrest Without Warrant

1. Arrest without Warrant by Police (Sections 41, 42, and 55)

Sec 41: Arrest Without Warrant by Police

 Grounds for Arrest without Warrant

 Cognizable Offence: If a person is involved in a cognizable offence or there is a

reasonable complaint, credible information, or suspicion about their involvement.

 Possession of House-breaking Implements: If a person possesses tools or items

related to house-breaking without a lawful excuse.

 Proclaimed Offender: If a person has been declared a proclaimed offender by the

court or the State Government.

 Possession of Suspected Stolen Property: If a person has items reasonably

suspected to be stolen and is also suspected of committing an offence related to those
items.

 Obstruction of Police Duty: If a person obstructs a police officer in the execution of

their duty or attempts to escape lawful custody.

 Deserter from Armed Forces: If a person is reasonably suspected of being a

deserter from any branch of the Armed Forces.

 Offence Outside India: If a person is involved in an act outside India that would be
punishable in India, and extradition or other laws allow for their arrest.

 Released Convict Violating Rules: If a released convict breaches rules specified

under sub-section (5) of section 356.

 Requisition by Another Police Officer: If there's a written or oral requisition from

another police officer specifying the person to be arrested and the reason for arrest.

 Authority to Arrest

 Any police officer, including the officer-in-charge of a police station, can make such
arrests without a warrant based on the specified grounds.
 Section 42: Allows arrest for non-cognizable offences if the accused refuses to reveal
identity.

Section 55: Describes the procedure for subordinate officers to make such arrests

Arrest by Private Person (Sec. 43)

 Empowerment of Private Person: Private citizens are empowered to arrest individuals in certain
situations to maintain peace and prevent crime when police presence is not available everywhere.
1. Grounds for Private Arrest
 Any private person may arrest someone:
 Who commits a non-bailable and cognizable offence in their presence.
 Who is a proclaimed offender.
2. Handing Over to Police
 After arrest, the private person must promptly:
 Hand over the arrested person to a police officer without delay.
 If no police officer is available, take the arrested person to the nearest police station
without delay.
3. Wrongful Confinement
 Keeping the arrested person in private custody for an extended period constitutes wrongful
confinement under Section 342 of the Indian Penal Code (IPC).
4. Re-Arrest by Police
 If there's reason to believe the arrested person falls under Section 41 (grounds for police
arrest), a police officer must re-arrest them.
5. Non-Cognizable Offence
 If the arrested person is suspected of a non-cognizable offence and refuses to provide accurate
information, they will be dealt with under Section 42.
6. Information and Rights
 Section 50A requires the arresting officer or any other person to inform the arrested person's
friends, relatives, or nominated individuals about the arrest and the location where the
arrested person is held.
 The police officer must inform the arrested person of their rights upon arrival at the police
station and maintain a record of who has been informed about the arrest.
7. Magistrate's Duty
 It is the duty of the Magistrate, before whom the arrested person is produced, to ensure that all
requirements of Section 43, including informing concerned individuals and maintaining
records, have been fulfilled for that arrested person.
Arrest by Magistrate (Sec. 44)
1. Authority of the Magistrate

 When any offence is committed in the presence of a Magistrate within their

jurisdiction, they can:

 Personally arrest the offender or

 Order any person to arrest the offender.

 They can then commit the offender to custody, subject to bail provisions.

2. Wide Powers of Magistrates

 Magistrates have broader powers compared to private citizens as they can arrest
based on any offence, not limited to cognizable offences.

Arrest Procedure (Sec. 46)

1. How Arrest is Made

 Section 46(1) requires the arrester to physically touch or confine the body of the
person to be arrested unless the person consents to custody.

 Section 46(2) allows the use of necessary force if the person resists arrest or attempts
to evade it, including physical means to prevent escape.

 However, Section 46(3) prohibits causing death unless the person is accused of an
offence punishable by death or life imprisonment.

2. Restrictions on Restraint

 Section 49 mandates that an arrested person should not be subjected to more restraint
than necessary to prevent escape.

3. Search Rules (Sec. 47)

 Section 47 outlines rules for searching the place entered by a person sought to be
arrested.

Women's Rights Protections (Sec. 46(4))

 Concerns about women's rights led to the inclusion of Section 46(4), which:

 Prohibits the arrest of women after sunset and before sunrise, except in exceptional
circumstances.

 Specifies that such arrest, if necessary, must be carried out by a woman police officer
after obtaining permission from the concerned Judicial Magistrate First Class (JMFC)
and making a written report.
Rights of arrested person
1. Right to be Produced before Magistrate

 Section 55 of CrPC: Requires police officers to produce arrested persons without

delay before the Magistrate, excluding travel time.

 Section 76 of CrPC: Specifies a 24-hour period for producing arrested persons under
warrant, excluding travel time.

2. Rights to Bail and Fair Trial

 Subsection (2) of Section 50 of CrPC: Informs arrested persons of their right to

release on bail for certain offences.

 Article 14 of the Constitution: Ensures equal treatment before the law for all parties
in a dispute.

 Right to Legal Aid: Section 304 of CrPC and Article 39A guarantee legal aid for
indigent accused persons, reinforced by case law like Khatri (II) v. State of Bihar and
Sukh Das v. Union Territory of Arunachal Pradesh.

3. Right to Consult a Lawyer

 Section 41D of CrPC: Grants the right to consult a lawyer during interrogation.

 Article 22(1) of the Constitution: Affirms the right to appoint and be defended by a
chosen lawyer.

 Section 303 of CrPC: Ensures the right to be defended by a legal practitioner in

court.

4. Right to Keep Silence

 Article 20(2) of the Constitution: Protects against self-incrimination and the right to
remain silent, upheld in Nandini Satpathy v. P.L. Dani.

5. Right to Medical Examination

 Section 54 of CrPC: Allows for medical examination at the accused person's request
if it could disprove an offence or reveal harm.

6. Other Rights

 Section 55A of CrPC: Mandates care for the health and safety of the accused in
custody.

 Compensation for Wrongful Arrest: Section 358 of CrPC provides for

compensation for groundless arrests.
  Guidelines for Arrest Procedures: Derived from D.K. Basu v. State of West Bengal,
including badge identification, informing a friend or relative of the arrest,
documentation, medical examination, and legal consultation during interrogation.

 Section 41C of CrPC: Establishes police control rooms for informing about arrests
within 12 hours.

Explain the process to compel the appearance and production of things

Summons
 Purpose: The most basic legal process, used to compel the appearance of a person or the
production of a document or thing in court.

 Form: Issued in duplicate, under the seal of the court, containing a clear title, date, time, and
place of appearance, along with a brief description of the offense(s).

 Service:

o Typically served personally by a police officer, court official, or public servant.

o If the person is absent, it can be left with an adult male family member.

o Can be served on corporations (to the principal officer) or banks.

o If personal service fails, one copy can be affixed to the person's house.

o For government employees, it's sent to their head of office.

o Courts lacking jurisdiction can send it to a magistrate who has jurisdiction over the
person's residence.

 Service by Registered Post: Introduced in 1997 to reduce delays, especially for summoning
witnesses. Can also be used for the accused in certain cases (e.g., bouncing checks, petty
crimes).

What is a Warrant of Arrest?

A warrant of arrest is a legal document issued by a court when a person fails to appear before it
despite being summoned. This warrant authorizes law enforcement to arrest the individual.

Validity of a Warrant:

For a warrant to be considered valid, it must meet certain essential requirements:

 1. Prescribed Form and Writing: The warrant must be in a specific format and written down.

2. Identification of the Executor: The name and designation of the person executing the
warrant must be included.

3. Details of the Accused: The warrant must contain the full name and a description of the
person to be arrested.

4. Offenses Charged: The specific offenses the person is charged with must be listed.

5. Seal and Signature: The warrant must be sealed and signed by a court officer.

Types of Warrants:

 Bailable Warrant: Issued in minor cases, allowing the arrested person to be released on bail
after providing surety and security.

 Non-Bailable Warrant: Issued in more serious cases where bail is not an option.

Execution of Warrants:

 Jurisdiction: Warrants can be executed anywhere in India. The court sends the warrant to the
superintendent of police in the relevant area.

 Proclamation: If the accused is hiding, the court can issue a proclamation, publicizing the
warrant through newspapers and other means. The court may also attach the person's property
and appoint a receiver.

 Cancellation of Attachment: If the proclaimed person appears, the attachment can be

cancelled.

 Monitoring Summons and Warrants: The controlling officers in the area where the
summons or warrant is sent must track their status.

Important Considerations:

 Warrants remain in effect until executed or cancelled by the issuing court.

 Courts can issue warrants of arrest directly if a person fails to appear after being summoned.

 Bailable warrants are typically issued in minor cases

Compelling Production and Search Warrants in Criminal Proceedings

Purpose of Compelling Production

The Criminal Procedure Code (CrPC) allows for compelling the production of documents or
things necessary for investigations and trials. This is crucial to avoid delays and ensure a fair
legal process.
Procedure for Compelling Production

 Court/Police Officer's Order: Courts or police officers can issue summons or

written orders to individuals believed to possess relevant documents or things.
 Judicial Discretion: This power must be used judiciously, ensuring a direct link
between the requested item and the offense.

Limitations and Safeguards

 Lloyds Bank Case: A warrant to seize bank deposits was deemed improper, as it
belonged to the bank, not the accused. This underscores the importance of a direct
connection between the item and the offense.
 Bankers' Books Evidence Act: This Act protects bank records from being produced
without a court order, safeguarding customer privacy.
 Jagdish Prasad Sharma Case: A magistrate's order to convert an accused's bank
balance into a draft was deemed out of jurisdiction, highlighting the limits of court
powers.

Search Warrants

 When Issued: Search warrants are issued when there's reason to believe a person
won't voluntarily produce a document or thing.
 Requirements: Warrants must specify the place to be searched and cannot be issued
mechanically. Courts must record reasons for issuing them, especially in economic
offenses.
 Pre-Inquiry Stage: Warrants can be issued even at the pre-inquiry stage.
 Economic Offenses: In cases like FERA violations, warrants require written
representation and authorization from relevant authorities.

Search and Seizure Powers

 Section 97 CrPC: Courts can order searches for stolen property, forged documents,
or wrongfully confined persons.
 Police Power: Police can seize property suspected to be stolen or linked to an
offense, but must inform the magistrate.

Case Laws

 PK Parmar v. Union of India: Directions to freeze bank accounts due to alleged

forgery were upheld, showcasing the court's authority in financial crimes.
 DB Thakur v. State of Gujarat: Absence of independent witnesses during a
narcotics search didn't invalidate the recovery, as it didn't prejudice the accused.

Key Takeaways

 CrPC empowers courts and police to obtain evidence through production orders and
search warrants.
 These powers are balanced with safeguards to protect individual rights and prevent
abuse.
  Case law provides guidance on the application of these provisions, ensuring fairness
and due process in criminal investigations and trials

Proclamation of Offender and Attachment of Properties

Where the summons for the attendance of the accused person is to be issued, but the court believes the
accused may abscond or when the accused fails to appear before the court without any reasonable
cause, a warrant of arrest is issued. Now, the warrant of arrest has been issued, and there is reason to
believe that the accused has absconded or is hiding himself to avoid the execution of the warrant. The
court may publish a written proclamation requiring the accused to appear before the court and may
attach his property. If the accused fails to appear after the proclamation as well, the court may also
attach the property of the accused, and the property will be at the State Government’s disposal.

When a Court May Issue a Proclamation:

 If a court believes a person with a warrant against them has absconded (fled) or is
hiding, they can issue a written proclamation.
 This proclamation specifies a place and time (at least 30 days after publication) for the
person to appear in court.

Essentials of Proclamation:

1. The proclamation is read publicly where the person typically resides.

2. It's displayed prominently on their house.
3. A copy is posted at the courthouse.
4. The court may also publish it in a local newspaper.

Attachment of Property:

 After the proclamation, the court can order attachment of the person's movable or
immovable property, with reasons recorded for the action.
 This can also happen simultaneously with the proclamation if the court believes the
person might dispose of or remove their property to avoid legal consequences.
 The attached property is under the State Government's control.

Claims and Objections to Attached Property:

 Anyone with an interest in the property, besides the proclaimed person, can make
claims or objections within six months of attachment.
 These claims are investigated and may be fully or partially accepted or rejected.

Release, Sale, and Restoration of Attached Property (Section 85 CrPC):

 If the proclaimed person appears in court within the given time, their property is
released.
 If not, the property goes to the State Government, but it won't be sold until six months
after attachment and all claims are resolved.
 Perishable property or property whose sale benefits the owner may be sold sooner.
  If the person appears within two years, the property or sale proceeds are returned if
they can prove they didn't abscond or hide intentionally.

Appeal (Section 86 CrPC):

 Anyone unhappy with the property's non-delivery or sale proceeds can appeal to the
appropriate court.

Key Points:

 These provisions are under sections 82-86 of the Criminal Procedure Code.
 The goal is to ensure accused individuals face charges and prevent them from evading
the law by hiding or disposing of assets.
 The legal process protects the rights of both the accused and those with legitimate
interests in the property involved

Processes to Compel the Production of Things and

Documents in Criminal Proceedings
Section 91 of CrPC: Summons to Produce Documents or Things

 Purpose: To facilitate investigations, trials, or inquiries by enabling the court or police to

obtain necessary documents or things.
 Mechanism: The court or officer in charge of a police station can issue a summons or written
order to a person believed to possess the required item, compelling them to produce it.
 Limitations: The power must be exercised judiciously, with a direct connection between the
offense and the item requested.
 Case Law:
o Lloyds Bank case: A warrant to seize money deposited by the accused was deemed
improper, as the bank owned the money, and the accused only had an actionable
claim.
o Jagdish Prasad Sharma case: A magistrate's order to convert an accused's account
balance into a draft was held to be beyond jurisdiction.

Bankers Book Evidence Act, 1891

 Purpose: To protect the confidentiality of bank records and regulate their production in legal
proceedings.
 Provisions:
o Bank officers cannot be compelled to produce records without a court order.
o The court cannot directly order a banker to pay money.
 Recommendation: The Law Commission of India (37th report) suggested that the CrPC
provisions should not override the Bankers Book Evidence Act.

Search Warrants (Section 93, 94, 97 CrPC)

  Purpose: To authorize the search of specific places where stolen property, forged
documents, or other relevant items are believed to be located.
 Conditions:
o Reasonable grounds to believe the person will not voluntarily produce the item.
o Specific details of the place and items to be searched.
o Reasons for issuing the warrant must be recorded.
 Case Law:
o PK Parmar v. Union of India: issued to banks, directions for freezing the account of
the petitioner who was alleged of opening an account in the name of his wife, sons
and other family members and used it by forging their signatures. The forgery itself
was the proof and pointed out using fingers against the petitioner and Delhi High
Court rejected the order to quash the petition.
o DB Thakur v. State of Gujarat: it was held by the Gujarat High Court that whenever
there is a recovery from the possession of the accused on the search of narcotics
substances the search cannot be vitiated because it did not cause prejudice by
calling panchas. Here it is not a mandatory requirement of the presence of panchas.

Key Points and Notes

 Importance of Production: Timely production of documents and things is crucial to avoid

delays in trials and ensure efficient investigations.
 Judicial Discretion: Powers to compel production and issue search warrants must be
exercised cautiously and with proper justification.
 Banker's Books: Special provisions exist to protect bank records and regulate their
disclosure in legal proceedings.
 Search Warrants: Strict conditions apply to the issuance and execution of search warrants,
ensuring the protection of individual rights.
 Case Law: Judicial precedents provide guidance on the interpretation and application of
relevant legal provisions.
 Law Commission Recommendations: The Law Commission's report offers valuable insights
and suggestions for improving legal procedures.

Security Proceedings Under Chapter VIII of the Code of

Criminal Procedure, 1973
Introduction:

Chapter VIII of the Code of Criminal Procedure, 1973 (CrPC) deals with security
proceedings aimed at preventing the commission of offenses and maintaining public peace.
These proceedings empower courts to require individuals to furnish security in the form of a
bond, ensuring compliance with specific conditions to prevent future offenses.

Part I: Security for Keeping the Peace

The CrPC provides two main scenarios where security proceedings can be initiated for
keeping the peace:

1. On Conviction of an Offense Likely to Cause a Breach of the Peace (Section 106):

 oThis provision applies when a person is convicted of an offense under Chapter
VIII of the Indian Penal Code (IPC) (offenses against public tranquility) or
any offense involving assault, criminal force, or criminal intimidation.
o The court, upon conviction, may order the person to execute a bond, with or
without sureties, for a period not exceeding three years, to ensure they do not
repeat the offense or disturb public peace.
o The bond becomes void if the conviction is set aside on appeal or revision.
2. In Any Other Case (Section 107):
o This provision grants Executive Magistrates broad powers to initiate security
proceedings in situations where there is a likelihood of a breach of peace or
public disturbance.
o The Magistrate must have sufficient grounds to believe that such action is
necessary to maintain public order.
o The objective is preventive, focusing on preventing future offenses rather than
punishing past ones.

Essential Conditions for Initiating Security Proceedings Under Section 107:

 Magistrate's Opinion: The Magistrate must form an opinion that there is sufficient
ground to proceed against the person based on credible information or evidence.
 Recording of Reasons: The Magistrate is obligated to record the reasons for their
opinion before issuing a notice under Section 111 of the CrPC, requiring the person to
show cause why they should not be ordered to furnish security.

Key Points:

 The power to initiate security proceedings under Section 107 rests with Executive
Magistrates, who are responsible for maintaining law and order.
 The Magistrate's discretion under Section 107 must be exercised reasonably and not
arbitrarily.
 The proceedings under Section 107 are meant to be swift and urgent, given their
objective of preventing imminent breaches of peace.

Case Law:

In the case of Rajendra Singh Pathania v. State, the court emphasized the preventive nature
of Section 107 and highlighted the Magistrate's duty to record reasons for their opinion
before initiating proceedings.

Part II: Security for Good Behaviour

Introduction:

Sections 108, 109, and 110 of the CrPC deal with security proceedings for maintaining good
behavior. These provisions empower the Executive Magistrate to demand security from
individuals engaged in activities that constitute offenses under the Indian Penal Code (IPC) or
pose a threat to public order.

Section 108: Proceedings Against Persons Disseminating Seditious Matters:

  Empowers the Executive Magistrate to order a person to execute a bond if they are
found disseminating seditious material, intimidating a judge, or making defamatory
statements against a judge.
 The objective is to prevent the recurrence of such activities and maintain public peace.
 The dissemination must be intentional, and the court must fear the possibility of
repetition.
 Also covers the dissemination of obscene material, regardless of intention.

Section 109: Proceedings Against Suspected Persons:

 Allows action against individuals who are likely to commit offenses.

 Targets suspicious strangers found lurking within the jurisdiction of a Magistrate.
 The person must be taking precautions to conceal their presence with the intention of
committing a cognizable offense. Abdul Ghafoor v. Emperor
 The term "conceal presence" has been interpreted broadly to include not only physical
concealment but also disguising appearance or identity.

Section 110: Security Proceedings Against Habitual Offenders:

 Enables action against individuals who habitually commit offenses with anti-social
traits.
 Targets offenses that directly affect society, such as food adulteration, customs
violations, or corruption.
 Aims to prevent recidivism and protect the public from the harmful consequences of
such offenses.
 A person who is a habitual offender, robber, house-breaker, thief or forger.
 A person who is a habitual receiver of stolen property.
 A person who is a habitual protector or harbourer of thieves or habitual abettor in the
concealment or disposal of stolen property.
 A person who is a habitual kidnapper, abductor, extortioner, cheat or a person
habitually committing mischief, offences relating to coin stamps, etc.
 A person who is a habitual offender or abettor of a breach of the peace.
 Habitual offenders committing or attempting to commit or abetting the commission of
offences under the Acts like –
 The Drugs and Cosmetics Act 1940
 The FERA 1973
 The Employees Provident Fund Acts 1952 etc The Custom Act,1962
 The Prevention of Food Adulteration Act, 1954
 The Essential Commodities Act, 1955
 The Untouchability (Offences) Act, 1955
 The Customs Act, 1962

Important Considerations:

 These provisions have been subject to scrutiny for potentially infringing on individual
liberty, particularly Article 21 of the Indian Constitution (right to life and personal
liberty).
  The power to initiate these proceedings was initially vested in Judicial Magistrates but
was later transferred to Executive Magistrates through the Criminal Procedure
(Amendment) Act, 1980.
 The provisions are designed to strike a balance between maintaining public order and
safeguarding individual rights.

Case Law:

In the case of Abdul Ghafoor v. Emperor, the court clarified the scope of "conceal presence"
under Section 109, emphasizing that it encompasses not only physical hiding but also any
attempts to disguise one's identity or appearance.

This detailed explanation of Part II provides a comprehensive understanding of the security

proceedings for good behavior under Chapter VIII of the CrPC.

Section 111 of the CrPC: Order to Show Cause in Security

Proceedings
Overview

Section 111 of the CrPC outlines the procedure for issuing an order to show cause when a
Magistrate initiates security proceedings under Sections 107, 108, 109, or 110. It mandates
that the person against whom the proceedings are initiated must be given a written order
detailing the reasons for the action and the terms of the required bond.

Key Elements of the Order (Section 111)

1. Substance of Information Received: The order must clearly state the basis or source
of the information that led the Magistrate to initiate the proceedings. This ensures
transparency and provides the respondent with an opportunity to prepare their
defense.
2. Amount of Bond: The order must specify the amount of the bond that the respondent
is required to furnish to guarantee their good behavior or peace-keeping.
3. Term of Bond: The duration for which the bond will remain in force must be
explicitly stated in the order.
4. Sureties (If Any): If the Magistrate deems it necessary, the order may require the
respondent to provide sureties, along with details about their number, character, and
class.

Procedure for Initiating Action (Sections 111-115)

 Order to Show Cause: The Magistrate issues a written order to the respondent,
detailing the reasons for the proceedings and the bond requirements.
 Communication of the Order:
o If present in court, the order is read and explained to the respondent.
o If absent, a summons is issued for their appearance, or a warrant may be
issued for arrest in cases where there is a risk of a breach of peace.
  Personal Attendance: The Magistrate may dispense with the personal attendance of
the respondent if there are valid grounds.

Landmark case laws

These are some of the significant judgements regarding this topic:

 Navin v. State of UP( 2021)

Herein it was held that the words habit and habitual have been defined, and the word
habit has a close correlation with the character of a person when it comes to invoking
provisions related to keeping peace and good behaviour. It was also held that the words
“habit and habitually” have been used in the sense of depravity of character as evidenced by
the frequent repetition or commission of the offences mentioned in the Section.

 Zahir Ahmad v. Ganga Prasad (1962)

In this case, it was held that the procedure under Section 111 is mandatory in all
criminal cases and that non-compliance wouldn’t be treated as a mere irregularity. Hence, it
was deemed by the Court that action under the ambit of this Section could not be invoked if
the procedure prescribed wasn’t adhered to by the authorities.

 Abdui Ghafoor v. Emperor(1943)

In this case, it was held that the words “conceal presence” in Section 109 are wide
enough to cover not only the concealment of bodily presence in a house or grove, etc., but
also the concealment of appearance by wearing a mask or covering the face, or disguising by
wearing a uniform, etc.

 Nikka Ram v. State (1954)

Herein it was observed that the information received by the magistrate under Section
108 should not be vague and must clearly establish that the person against whom the
information is given is by habit a robber, housebreaker, etc. The police report, by reproducing
the words of the section and merely considering the bad name of a person, does not really
give information about the meaning of this section.

Section 125 of CrPC: Maintenance for Wife, Children,

and Parents
Introduction:

Section 125 of the Code of Criminal Procedure, 1973 (CrPC) provides a crucial legal remedy
for individuals who are unable to maintain themselves financially and are dependent on
others for support. It aims to ensure that those with a legal obligation to provide maintenance
fulfill their duty, thus preventing destitution and vagrancy. This provision aligns with the
principles of social justice and the protection of vulnerable sections of society.

Scope of Section 125:

 Maintenance: Defined as financial support for necessities like food, clothing, shelter,
and medical care.
 Applicability: Applies to all religions, superseding personal laws in matters of
maintenance.
 Secular Nature: Operates independently of personal laws but acknowledges them for
establishing the validity of marriage.
 Interim Maintenance: Allows for temporary support while the case is pending.
 Social Purpose: Aims to prevent hardship and maintain societal balance.

Who Can Claim Maintenance Under Section 125:

1. Wife:

 Any wife, regardless of age, who cannot support herself is entitled to maintenance.
 Includes divorced wives who have not remarried.
 Requires proof of a valid marriage, though a liberal interpretation may be applied in
certain cases.
 Maintenance can be claimed even if the husband remarries, and proof of neglect is not
necessary.
 Exceptions:
o If the husband lacks sufficient means to provide maintenance.
o If the wife is living in adultery or refuses to live with her husband without
sufficient reason (unless the refusal is justified).
o If the marriage is void or annulled under the Hindu Marriage Act.

Important Considerations:

 The Supreme Court's interpretation of "wife" has evolved over time, recognizing the
rights of women in live-in relationships under certain conditions.
 Section 125 balances the rights of dependents with the capacity of the obligated
person to provide support.

Child:

 Eligibility: Minor children (below 18 years), whether legitimate or illegitimate,

married or unmarried, can claim maintenance.
 Minor Married Daughters: If a minor girl's husband cannot support her, her father
is obligated to provide maintenance.
 Paternity: Maintenance claims for children are based on establishing paternity,
regardless of the marital status of the parents.
  Custody: The father's obligation to maintain the child remains even if the child is in
someone else's custody.
 Adopted and Natural-Born: Both adopted and natural-born children are entitled to
maintenance under Section 125.
 Major Children: Major unmarried children (not married daughters) with physical or
mental disabilities can also claim maintenance.

Parents:

 Eligibility: Unable parents (mother or father) can claim maintenance from their
children, regardless of the child's gender.
 Adoption and Step-Parents:
o The term "father" includes adoptive fathers.
o The term "mother" generally refers to the biological mother but can include
stepmothers under certain circumstances, such as when they have no children
of their own and are unable to support themselves due to the death or inability
of their husband.
 Legitimate Children's Obligation: Primarily, the obligation to maintain parents falls
on legitimate children. However, if there are multiple children, the parent can claim
against any of them.

Case Laws:

 N.B. Bhikshu v. State of Andhra Pradesh: The Andhra Pradesh High Court
interpreted Section 125(4) to mean that the obligation to maintain parents primarily
rests on legitimate children.

Section 125 of the CrPC aims to protect dependents facing financial hardship by ensuring
they receive maintenance from those legally obligated to provide it. This section is crucial for
safeguarding the rights of wives, children, and parents.

Essential Conditions for Maintenance Claims:

1. Sufficient Means to Maintain:

o The person against whom the maintenance claim is filed must have the
financial capacity to support the claimant.
o Being unemployed, in debt, or insolvent does not absolve one from the
obligation to maintain.
o The burden of proving insufficient means lies on the person denying the claim.
o Case Law: Hardev Singh v. State – Even individuals who have renounced
worldly possessions for religious reasons are not exempt from their
maintenance obligations.
2. Neglect or Refusal to Maintain:
o Neglect implies a failure to maintain even without a formal demand.
o Refusal indicates a clear intention not to fulfill the maintenance duty.
o The claimant must prove the neglect or refusal.
o It’s important to note that courts consider factors like living arrangements and
justifiable reasons for refusing to live with the husband when determining
neglect or refusal.
 3. Inability of Claimant to Maintain Themselves:
o The claimant must demonstrate their inability to support themselves
financially.
o Factors like health, education, and employment status may influence the
quantum of maintenance awarded.
o Case Law: Karnataka High Court Ruling – A healthy and educated wife's
inability to maintain herself can still be a valid ground for claiming
maintenance, but it may affect the amount awarded.
4. Quantum of Maintenance:
o The Magistrate determines the amount of maintenance based on the individual
circumstances of each case.
o There is no upper limit on the amount, but it should be reasonable and
sufficient for the claimant's needs.
o Separate maintenance orders are issued for the wife and child if both are
claiming against the same person.

Enforcement of Section 125:

 Warrant for Fines: If the maintenance order is not complied with, a warrant can be
issued to recover the unpaid amount.
 Imprisonment: In cases of non-payment despite the warrant, imprisonment up to one
month can be ordered until the dues are cleared.
 Case Law (Not Provided): The Supreme Court has clarified that imprisonment is not
an alternative to payment but a mode of enforcing the maintenance obligation.

Conclusion:

Section 125 of the CrPC is a powerful tool for social justice, ensuring that vulnerable
individuals receive the financial support they are entitled to. While the courts interpret the
law liberally to protect dependents, they also consider individual circumstances and societal
factors to ensure fair and equitable outcomes. This section remains a cornerstone of family
law in India, evolving with changing societal dynamics to address the needs of those in need.

First Information Report (FIR):

Introduction:
An FIR is a crucial first step when reporting a crime or expressing apprehension of a crime.
This article delves into the meaning, legal provisions, and importance of the FIR in the Indian
criminal justice system.

Meaning of FIR:

 The FIR is not defined in the CrPC but is understood as the initial information
regarding a cognizable offense given to the police.
 It is a written record of the information provided by the informant, who could be the
victim, a witness, or anyone with knowledge of the crime.
 The FIR must relate to a cognizable offense, which is an offense listed in Schedule I
of the CrPC, allowing the police to arrest the accused without a warrant.

Key Elements of an FIR:

1. Information Given to a Police Officer: The FIR is a formal communication of

information to the police.
2. Cognizable Offense: The information must pertain to a crime classified as cognizable
under the law.
3. First in Point of Time: It is the initial information recorded regarding the offense.
4. Written Record: The information is documented in writing by the police officer.
5. Basis for Investigation: The FIR serves as the foundation for the police
investigation.

Legal Definition:

The Rajasthan High Court, in the case of State of Rajasthan v. Shiv Singh, defined the FIR as
"the statement of the maker of the report at a police station before a police officer recorded in
the manner provided by the provisions of the Code."

Importance of the FIR:

 Initiates Investigation: The FIR sets the legal machinery in motion, prompting the
police to investigate the reported offense.
 Evidentiary Value: It serves as a crucial piece of evidence in court, as it is the
earliest recorded account of the crime.
 Provides Direction: The FIR guides the police investigation, outlining the nature of
the offense, the parties involved, and other relevant details.
 Legal Recourse for Victims: It allows victims to seek justice and hold perpetrators
accountable.
 Public Record: The FIR becomes a public document, ensuring transparency and
accountability in the criminal justice system.

A brief overview of all the sections dealing with FIR

Section 2(c) of the CrPC

Section 2(c) of the CrPC defines the cognizable offences for which an FIR can be lodged. These
offences are listed in Schedule I of the Code. These offences fall under this category and are
allowed for filing/lodging an FIR.

Cognizable offences are those for which the police officer is allowed to arrest the accused without
a warrant or magistrate’s permission. These offences are more heinous and serious in nature. For
example, murder, rape, kidnapping, abduction, etc. These crimes have the capability of harming
the peace and harmony of a society. They are mostly public offences. Usually, the punishment
given for cognizable offences is more than 3 years and may extend to life imprisonment or the
death penalty.

Schedule I of the CrPC

Schedule I of the CrPC enlists the offences that are classified as cognizable offences, for
example, murder, robbery, etc. These offences require immediate police attention, and preventive
measures are needed to be taken by them. These offences are generally more severe and graver in
nature and act against the public interest at large.

Section 154(1) of the CrPC

Section 154(1) of the CrPC talks about the procedure for recording an FIR. Cognizable offences
that are reported orally or in writing must be written down by the police officer. They should be
re-read by the officer for the person lodging the FIR and signed by him thereafter. A copy of the
report must be given to the person lodging the FIR, i.e., the informant, free of cost.

This Section lays out a brief outline of the process by which an FIR must be recorded,
documented, and acted upon by the police officer.

Section 154(3) of the CrPC

Section 154(3) of the CrPC talks about the actions to be taken if a police officer denies recording
the FIR. In such cases, the informant can go to the Superintendent of Police (also known as the
Deputy Commissioner in a Police Department). On satisfaction that the crime committed is
cognizable, he should either investigate the case himself or direct a subordinate to take the
required measures. This Section provides for a remedy or legal recourse that may be taken by the
informant if he feels that his complaint is not being entertained by the police officer.

Why FIRs are Essential:

 Initiating Investigations: FIRs trigger police investigations into cognizable offenses,

ensuring prompt action is taken to apprehend culprits and collect evidence.
  Documenting Initial Information: FIRs capture the first account of the crime,
providing a valuable reference point for subsequent investigations and court
proceedings.
 Protecting Victims and Witnesses: Filing an FIR helps protect victims and
witnesses by formally documenting the incident and initiating legal action.
 Evidentiary Value: FIRs serve as important evidence, helping corroborate or
contradict witness statements during the trial.

The Concept of Zero FIR:

 The Supreme Court's ruling in State of Andhra Pradesh v. Punati Ramulu established
the concept of Zero FIR, allowing complainants to file FIRs at any police station
regardless of jurisdiction. The police station then transfers the FIR to the appropriate
station for investigation.

The Effect of Delay in Filing an FIR:

 Delayed FIRs can raise doubts about the authenticity of the information provided, as
memory may fade and details may be forgotten or fabricated.
 Courts consider the reasons for the delay and its impact on the case's overall
credibility.
 In cases like rape, courts have recognized that delays may be natural due to societal
pressures and should not automatically raise suspicion.
 Case Law: Ramdas v. State of Maharashtra and Vidyadharan v. State of Kerala –
Emphasize that the delay in filing an FIR should be evaluated based on the specific
facts and circumstances of each case.

Evidentiary Value of FIRs:

 Not Substantive Evidence: While crucial, an FIR is not considered substantive

evidence of the facts it contains. It is primarily used for corroboration (Section 157 of
the Indian Evidence Act) or contradiction (Section 145 of the Indian Evidence Act) of
witness statements.
 Greater Value Than Other Statements: The FIR holds greater evidentiary value
than other statements recorded during the investigation due to its proximity to the
time of the offense.
 Confessional and Non-Confessional FIRs: When the accused files the FIR, it can be
either confessional (not admissible against them) or non-confessional (admissible
under specific sections of the Indian Evidence Act).

Case Law:

 Aghno Nagesia v. State of Bihar: The Supreme Court clarified that an FIR can be used
to cross-examine and contradict the informant's statements.

CHARGE
What is a Charge?

 A charge is a formal document that informs the accused of the specific crime they are
alleged to have committed.
 It is essential for a fair trial because it ensures the accused understands the allegations
against them and can prepare a proper defense.
 Section 2(b) of the Criminal Procedure Code (CrPC) defines a charge and includes
any individual accusation within a charge containing multiple accusations.

Purpose of a Charge

 The primary purpose is to give the accused clear and unambiguous notice of the
accusation they must defend against in court.
 This notice is crucial for the accused to understand the legal basis of the charges and
the specific details of the alleged offense.

Legal Provisions (CrPC)

 Sections 211-214: Deal with the contents of a charge, including:

o The specific offense the accused is charged with.
o The relevant law and its provisions.
o Details about previous allegations that might enhance the punishment.
 Sections 216-217: Cover the court's power to alter or add to a charge during the trial.
 Section 218: Outlines the general rule that each distinct offense should be charged
separately.
 Sections 219, 220, 221, 223: Detail exceptions to this rule, allowing certain offenses
to be charged together under specific circumstances.
 Section 224: Deals with the effects of withdrawing a charge.
 Sections 215, 464: Address the impact of errors in the charge on the trial's validity.

Framing of Charges (Section 211)

1. Offense: The specific offense the accused is alleged to have committed.

2. Name: If the law gives the offense a specific name (e.g., murder, theft), that name
should be used.
3. Definition: If no specific name exists, the charge must include enough detail to
clearly inform the accused of the accusation.
4. Law and Section: The relevant law and section under which the offense is punishable
must be cited.
5. Fulfillment of Conditions: The charge implies that all legal requirements for the
offense have been met in this case.
6. Language: The charge must be written in the language of the court.

Prior Convictions: If the accused has prior convictions affecting the potential punishment
(enhanced or different type), those details must be included in the charge

Form and Content of a Charge

 Section 211: Specifies essential elements:

 o Must state the offense and, if possible, its specific legal name.
o If no specific name exists, provide a clear definition of the offense.
o Mention the relevant law and provisions.
o Be written in the language of the court.
o Inform the accused of previous allegations that could lead to enhanced
punishment.
 Section 212: Requires the charge to include:
o The offense and particulars like time, place, and the victim.
o For financial crimes, a gross sum and approximate dates are sufficient.
 Section 213: If the details in Sections 211 and 212 are insufficient, the charge must
include additional particulars to give the accused adequate notice.
 Section 214: The charge should mirror the description of the offense as defined in the
law under which it's punishable

Key Court Rulings

 V.C Shukla v. State (1980): Emphasized that the charge must provide a clear and
precise notice of the accusation.
 Court in its motion v Shankroo (1982): Held that simply mentioning the law section
without the charge's substance is a procedural flaw.
 Dal Chand v State (1981): Established that defects in a charge can invalidate a
conviction.
 Ranchhod Lal v. State of Madhya Pradesh (1964): Clarified that minor
imprecisions due to the nature of the information might not invalidate the
proceedings.

JOINDER OF CHARGES
Basic Rule (Section 218)
Each distinct offense should have a separate charge, and each charge should be tried
separately.

Exceptions (Sections 219, 220, 221, 223)

Exception 1 (Section 219): Similar Offenses

 If a person is accused of up to three offenses of the same kind, punishable under the
same section of the law, and committed within 12 months, they can be tried together.
 Example: Three instances of theft (Section 379 IPC) within a year.

Exception 2 (Section 220(1)): Same Transaction

 Offenses committed in the same transaction can be tried together, regardless of the
number or kind of offenses.
 Example: During a robbery, the accused commits assault, theft, and damage to
property.

Exception 3 (Section 220(2)): Criminal Breach of Trust/Misappropriation

 Multiple offenses of criminal breach of trust or dishonest misappropriation of

property can be tried together.
 Example: An employee misappropriates funds on multiple occasions.

Exception 4 (Section 220(3)): Multiple Definitions

 If an act falls under multiple legal definitions, the accused can be charged and tried
for each offense.
 Example: Possessing illegal drugs could be charged under both drug laws and general
criminal law.

Exception 5 (Section 220(4)): Combined Acts

 When several acts, individually and combined, constitute different offenses, the
accused can be tried for both the individual and combined offenses.
 Example: Robbery (Section 392 IPC) and causing hurt during the robbery (Section
323 IPC).

Exception 6 (Section 221): Doubtful Offenses

 If it's unclear which offense was committed, the accused can be charged with all
possible offenses or alternatively with one.
 Example: If it's unclear whether an act was theft or criminal breach of trust, the
accused can be charged with both or one in the alternative.

Exception 7 (Section 223): Joint Trials

 Certain categories of accused persons can be tried jointly, such as:

o Those who committed the same offense in the same transaction.
o Accused and abettors of the same offense.
 o Those accused of multiple offenses of the same kind within 12 months.
o Those accused of different offenses in the same transaction.
o Those accused of offenses involving theft, extortion, cheating, etc.
 The magistrate has the discretion to order a joint trial even if the accused don't fall
under these categories, if it won't prejudice the trial.

Key Points

 These exceptions aim to balance efficiency in the legal system with the need to ensure
fair trials for the accused.
 The court has discretion in deciding whether to apply these exceptions, and the
guiding principle is to prevent any prejudice to the accused.

Trail
Introduction

 The Indian legal system, particularly the CrPC, provides a structured framework for
conducting criminal trials.
 Trials are a crucial stage in the criminal justice process, aiming to determine guilt or
innocence based on evidence.
What is a Trial?

 A formal examination of evidence by a judge, often with a jury, to determine guilt or

innocence.
 Begins after charges are framed and ends with either conviction or acquittal.

Types of Trials

The type of trial depends on the severity of the offense:

1. Sessions Trial:
o For offenses punishable by more than seven years' imprisonment, life
imprisonment, or death.
o Conducted in a Sessions Court after a magistrate commits or forwards the
case.

Procedure of Court of Session in a Criminal Trial

Stage Section Description Key Actions

(CrPC)
1. Commencement of 225 Trial begins when the accused is Public Prosecutor takes
Trial brought before the Court of Session charge of the prosecution.
following commitment from a
Magistrate.
2. Opening of 226 Prosecutor outlines the charges Description of charges,
Prosecution's Case against the accused and the evidence summary of evidence to be
intended to be used to prove guilt. presented.
3. Examination of 227, 228 Prosecutor presents evidence by Witnesses give testimony,
Prosecution examining witnesses. documents and exhibits
Witnesses may be presented.
4. Framing of 228 Judge carefully examines the Accused is informed of the
Charges evidence and frames specific charges exact charges they face.
against the accused.
5. Discharge of 227 If the evidence is insufficient to No trial proceeds if
Accused (If warrant a trial, the judge may discharge is ordered.
Applicable) discharge the accused.
6. Statement of 313 Accused is given the opportunity to Accused's response is
Accused explain the circumstances appearing recorded but not under
in the evidence against them. oath.
7. Defense Evidence 231 Accused presents evidence through Witnesses are examined,
witnesses, documents, or exhibits. evidence is countered.
8. Arguments 234 Both sides present their arguments, Prosecution and defense
summarizing evidence and legal make their final case.
points.
9. Judgment 235 Judge considers the evidence, Accused is either convicted
arguments, and the law to deliver the or acquitted.
 judgment.
10. Sentencing (If 235 If the accused is convicted, the judge Sentence is pronounced
Convicted) determines the appropriate based on the severity of the
punishment. crime and other factors.
11. Appeal 374 Either side can appeal the judgment Appeal process initiated if
to a higher court. dissatisfied with the
outcome.

Important Notes:
 Public Prosecutor: The prosecution is conducted by a public prosecutor on behalf
of the state.
 Fair Trial: The entire process is governed by the principles of natural justice to
ensure a fair trial for the accused.
 Rights of Accused: The accused has the right to legal representation and to cross-
examine witnesses.
 Burden of Proof: The burden of proving the guilt of the accused beyond a
reasonable doubt rests on the prosecution.
 Code of Criminal Procedure (CrPC): The entire procedure is outlined in the CrPC,
and any deviations must be legally justified.

2. Warrant Trial:
o For offenses punishable by death, life imprisonment, or imprisonment
exceeding two years.
o Initiated by filing a First Information Report (FIR) with the police or directly
with a magistrate.

Stage Section Description Key Actions

(CrPC)
 Police Case
Submission of 238 Magistrate ensures all Magistrate reviews the charge
Charge Sheet necessary documents are sheet for completeness.
submitted with the charge
sheet.
Discharge of 239 If the charges are found Magistrate assesses the
Accused groundless, the accused is evidence and decides if
discharged, and reasons are charges are valid.
recorded.
Framing of 240 If the accused is found Magistrate prepares and
Charges triable, charges are framed presents the formal charges
against them. against the accused.
Evidence for 242 Magistrate proceeds to take Magistrate records the
Prosecution all evidence produced in evidence presented by the
support of the prosecution. prosecution.
Private Complaint
Summoning of 244 Prosecution satisfies itself Magistrate issues summons
Witnesses with evidence produced and for witnesses or documents
summons witnesses or based on the prosecution's
requests documents. request.
Discharge of 245 If the charges are found Magistrate assesses the
Accused groundless after examining evidence and decides if
evidence, the accused is charges are valid.
discharged.
Evidence for 247 Defense counsel presents Defense presents witnesses
Defense evidence in support of the and evidence to counter the
accused. prosecution's case.
Acquittal - If the accused is found not Magistrate issues a formal
guilty on the framed charges, order acquitting the accused
an order of acquittal is of the charges.
issued.
Compensation for 250 If a case is filed on a false Magistrate assesses the
False Accusation complaint, the complainant complaint's validity and
may be ordered to decides if compensation is
compensate the accused. warranted.

Key Points:
 The magistrate has a judicial duty to ensure compliance with Section 207 (document supply).
 Sections 242 and 243 are mandatory, ensuring a structured process for recording and
considering evidence.
 3. Summon Trial:
o For offenses punishable by less than two years' imprisonment.
o Considered a less serious trial, and charges are not always formally framed.
o A magistrate issues a summons to the accused under Section 204(1)(a) of the
CrPC.

Stage Section Description Key Actions

(CrPC)
Appearance of 251 Accused informed of charges Magistrate reads charges
Accused and asked for plea. and asks for guilty or not
guilty plea.
Guilty Plea (By 253 Accused pleads guilty via post or Accused submits guilty plea
Post) messenger, accepting fine with fine amount.
amount in summons.
Discharge - Magistrate may discharge Magistrate assesses case
accused if charges are found and dismisses charges if
groundless. unfounded.
Hearing 254 Magistrate hears prosecution and Magistrate listens to
Prosecution gathers evidence. prosecution's case and
gathers evidence.
Conviction 255 Magistrate convicts accused if Magistrate finds accused
guilty. guilty and issues sentence.
Acquittal - Magistrate acquits accused if not Magistrate finds accused
guilty. not guilty and dismisses
charges.
Withdrawal of 257 Complaint withdrawn with Complainant withdraws
Complaint magistrate's permission. charges with magistrate's
approval.
Conversion to 259 Magistrate converts summon Magistrate upgrades case
Warrant Case case to warrant case for offences to warrant trial for serious
exceeding 6 months. offenses.

4. Summary Trial:
o For minor offenses, conducted quickly with a simplified procedure.
o Legal provisions for summary trials are given in Sections 260-265 of the
CrPC.

Summary Trials: A Quick Overview

 Purpose: The primary goal of summary trials is the speedy disposal of cases.
  Legal Basis: Chapter XXI of the Criminal Procedure Code (CrPC) outlines the rules
for summary trials, specifically Sections 260 to 265L.

Key Procedural Steps

1. Similar to Summons Trial: The procedure followed in a summary trial mirrors that
of a summons trial (as described in Section 262 of the CrPC).
2. Plea of Not Guilty: If the accused pleads not guilty, the magistrate must meticulously
record:
o Substance of Evidence: A summary of the key points from witness
testimonies and other evidence.
o Judgment with Reasoning: A concise explanation of the magistrate's
decision and the factors that led to it.
3. Language of the Court: All records and judgments must be documented in the
official language of the court (Section 265).
4. Limited Appeal: If the sentence is a fine of 200 rupees or less, there is no right to
appeal.

Important Judicial Observations

 Shivaji Sampat Jagtap vs. Rajan Hiralal Arora: The Bombay High Court clarified
that even if the procedure under Sections 263 and 264 isn't strictly followed, the
succeeding magistrate doesn't have to start a fresh trial (de novo).
 J.V. Baharuni vs. State of Gujarat (2015): This case upheld the Bombay High
Court's view.

Additional Notes

 Section 260: Outlines which types of offenses can be tried summarily (e.g., minor
offenses with limited punishments).
 Section 263: Details the specific information the magistrate needs to record.

Legal Provisions for Trials

 Sections 225-237: Cover the trial of warrant cases by a Court of Session.

 Sections 238-250: Deal with the trial of warrant cases by magistrates.
 Sections 251-259: Outline the procedure for summons case trials by magistrates.
 Sections 260-265: Provide for summary trials.

Key Takeaways

 The CrPC categorizes trials based on the severity of the alleged offenses, ensuring
appropriate procedures are followed.
  Each type of trial has specific legal provisions outlining the steps involved, from
initiation to judgment.
 The goal of all trials is to determine guilt or innocence based on a fair and impartial
examination of evidence

The Judgment Chapter XXVII

What is a Judgment?
  A judgment is the final decision of a Judge or Magistrate in a criminal trial.
 It determines whether the accused is guilty or innocent based on evidence and
arguments.
 A good judgment is clear, self-explanatory, and provides reasons for the decision.

Relevant Sections in CrPC

 Chapter 27 of the CrPC (Sections 353 to 365) deals with judgments.

Section 353: The Judgment

This section outlines the core procedures for delivering a judgment in a criminal trial:

1. Modes of Delivery: The judge has three options:

o Delivering the whole judgment: Reading the entire written judgment aloud.
o Reading the whole judgment: This could be from a prepared text.
o Summarizing: Reading only the operative (key) part of the judgment and
explaining the reasoning behind the decision in a language the accused
understands.
2. Documentation:
o The judge must sign each page of any shorthand transcript.
o The date of judgment delivery must be recorded.
3. Accessibility:
o The full judgment or a copy must be made available to the parties involved at
no cost.
4. Presence of the Accused:
o If the accused is in custody, they must be brought to court to hear the
judgment.
o If not in custody, the court will generally require their attendance, unless their
presence was waived during the trial and the sentence is only a fine or
acquittal.
5. Multiple Accused: If some accused are absent, the judge can proceed with the
judgment to avoid delays.
6. Validity: The judgment isn't invalidated simply due to a party's absence or a
procedural error in serving notice.
7. Section 465: This section (dealing with the power to alter or revise sentences) is not
limited by the provisions of Section 353.

Section 354: Language and Contents of the Judgment

This section details what a judgment must contain:

1. Language: The judgment must be written in the language of the court.

2. Key Components:
o Points for determination (issues the court had to decide)
o The court's decision on each point, with reasons
o If convicted, the specific offenses and sections of the law violated
o If acquitted, the offense the accused was acquitted of
 3. Alternative Charges: If there's doubt about which section of the law applies, the
court can convict under alternative sections.
4. Sentencing:
o For life imprisonment or long-term sentences, the judgment must include
special reasons for such a sentence.
o If the offense carries a possible one-year sentence but less than three months is
imposed, reasons must be recorded.
5. Death Sentence: Must specifically state "hanged by the neck till dead."
6. Other Orders: Certain other orders (like those related to security proceedings,
maintenance, or disputes) must also contain points of determination and reasons.

Section 355: Metropolitan Magistrate's Judgment

This section deals with judgments by Metropolitan Magistrates (in major cities), requiring
them to record:

 Case serial number

 Date of the offense
 Names of the complainant and accused
 Offence alleged and proven
 Accused's plea and examination
 Final order
 Date of the order
 If there's a right to appeal, a brief statement of reasons for the decision

Section 356: Order for Notifying Address of Previously Convicted Offender

This section is meant to keep track of individuals with a history of certain offenses. Here's
what it entails:

1. Who is Covered:
o Anyone convicted under specific sections of the Indian Penal Code (IPC)
related to counterfeiting currency (Sections 215, 489A-489D) or offenses
against property (Chapter XII) or the state (Chapter XVII).
o The conviction must involve imprisonment of three years or more, and it must
be from a court higher than a Second Class Magistrate.
2. Court's Power:
o At the time of sentencing, the court may order the offender to notify their
residence and any changes or absences from that residence for up to five years
after their sentence ends.
3. Applicability to Other Offenses:
o This section also covers those convicted of criminal conspiracy, abetment, or
attempts to commit the specified offenses.
4. Invalidation of Order:
o If the conviction is set aside on appeal, the order under this section becomes
void.
5. Powers of Higher Courts:
 o Appellate courts and High Courts can also issue orders under this section
while exercising their revisionary powers.
6. Rules by State Government:
o State governments can create rules for implementing the notification of
residence and changes in address.

Section 357: Compensation for Victims

This section deals with how fines and compensation are awarded to victims of crimes.

 (1) Conviction and Fine: If a court imposes a fine as part of the sentence, it can order
that some or all of that fine be used for:
o Covering prosecution expenses.
o Compensating the victim for losses or injuries suffered due to the offense.
o Compensating the family of a deceased victim in cases of homicide.
o Compensating bona fide purchasers of stolen property in cases of theft, etc.
 (2) Payment Subject to Appeal: If the case is subject to appeal, no compensation is
paid until the appeal period has passed or the appeal is decided.
 (3) Sentences Without Fine: Even if no fine is imposed, the court can order the
accused to pay compensation to the victim. This order can also be made by higher
courts during revisions.

Section 357A: Victim Compensation Scheme

(1) Scheme: Each state government, in coordination with the central government,
must create a scheme to provide funds for compensating and rehabilitating victims of
crime.

(2) Deciding Compensation: The District or State Legal Services Authority

determines the amount of compensation based on the court's recommendation.

(3) Inadequate Compensation/Acquittal: If the compensation awarded under

Section 357 is insufficient or if the case ends in acquittal but the victim still needs
rehabilitation, the court can recommend further compensation.

(4) Offender Untraceable: If the offender is not found, but the victim is identified,
the victim or their dependents can apply for compensation from the Legal Services
Authority.

(5) Collateral Relief: The Legal Services Authority can also order immediate
medical aid or other interim relief for the victim.

Additional Sections

 Section 357B: Provides for additional compensation to victims in certain serious

offenses (e.g., acid attacks, rape).
 Section 357C: Requires all hospitals (public or private) to provide free first-aid or
medical treatment to victims of specific offenses and inform the police.