JUNE 15, 2024

CRPC, JUENILE JUSTICE & POCSO

SUMMARY NOTES

HEMANT PATIL. DIGITAL RIGHTS LAW

GLC, BATCH OF 2025
 Page 1 of 71

Contents
Module 1: Introduction and General Provisions................................................................................. 4
Object, Purpose, and History of the Criminal Procedure Code .................................................................. 4
Discuss the object and purpose of the Criminal Procedure Code, 1973................................................... 4
Explain the historical development of the Criminal Procedure Code in India............................................ 4
Definitions (Section 2) ....................................................................................................................... 5
Define 'Cognizable Offence' and 'Non-Cognizable Offence'. ................................................................... 5
What is meant by 'Complaint' under the CrPC? ................................................................................... 5
Define 'Investigation' and 'Inquiry' as per the CrPC. ............................................................................ 5
Constitution and Powers of Criminal and Executive Courts (Sections 6-35) ............................................... 6
Explain the constitution and powers of the Court of Sessions. .............................................................. 6
Discuss the hierarchy and powers of criminal courts in India. ............................................................... 7
Powers of Superior Officers of Police (Section 36) .................................................................................. 7
What are the powers of superior officers of police under Section 36 of the CrPC? .................................... 7
Aid to the Magistrates and the Police (Sections 37-40) ........................................................................... 8
Discuss the provisions relating to aid to the magistrates and the police. ................................................ 8
Arrest of Persons (Sections 41-60) ...................................................................................................... 9
Explain the procedure of arrest without a warrant under Section 41. ..................................................... 9
What are the rights of an arrested person under the CrPC? .................................................................10
Process to Compel Appearance and Production of Things and Reciprocal Arrangements (Sections 61-105L) .11
Discuss the process to compel the appearance of persons under the CrPC. ...........................................11
Explain the provisions relating to the production of documents and other things. ...................................12
Preventive and Precautionary Measures of Security Proceedings (Sections 106-124, 129-153) ...................13
What are the preventive measures provided under the CrPC to maintain public order? ...........................13
Discuss the security proceedings under Sections 106-124. ..................................................................15
Maintenance of Wives, Children, and Parents (Sections 125-128) ...........................................................16
Explain the provisions relating to the maintenance of wives, children, and parents under Section 125. .....16
Information to the Police and their Powers to Investigate (Sections 154-176) ..........................................17
What is the procedure for filing an FIR under Section 154? .................................................................17
Discuss the powers of the police to investigate under the CrPC. ...........................................................18
Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 177-189) ...........................................19
Explain the jurisdiction of criminal courts in inquiries and trials. ..........................................................19
Cognizance of Offences and Commencement of Judicial Proceedings (Sections 190-210) ...........................21
Discuss the process of taking cognizance of offences by magistrates. ...................................................21
Explain the commencement of judicial proceedings under the CrPC......................................................22
Module 2: Charges and Trials ...........................................................................................................23
Charge (Sections 211-224) ................................................................................................................23
What are the essential elements of a charge under the CrPC? .............................................................23
Discuss the procedure for the alteration of charges. ...........................................................................25
Trial before Various Courts ................................................................................................................26
Explain the procedure for trial before the Court of Sessions (Sections 225-237). ...................................26
Discuss the trial of warrant cases by magistrates (Sections 238-250)...................................................27
Explain the trial of summons cases by magistrates (Sections 251-259). ...............................................29
What is a summary trial and its procedure (Sections 260-265)? ..........................................................30
Module 3: Evidence, Judgement, and Appeals ..................................................................................31
 Page 2 of 71

Mode of Taking Evidence and General Provisions as to Inquiries and Trials (Sections 266-352) ..................31
Discuss the mode of taking evidence in criminal trials. .......................................................................31
Explain the general provisions as to inquiries and trials under the CrPC. ...............................................34
Judgement (Sections 353-365) ..........................................................................................................36
What are the essential elements of a judgment under the CrPC? .........................................................36
Discuss the procedure for delivering a judgment................................................................................37
Appeals (Sections 372-394) ...............................................................................................................39
Explain the provisions relating to appeals under the CrPC. ..................................................................39
Discuss the process of filing an appeal against acquittal. ....................................................................41
Reference and Revision (Sections 395-405) .........................................................................................42
What is the procedure for reference and revision under the CrPC? .......................................................42
Provisions as to Bails and Bonds (Sections 436-450).............................................................................43
Discuss the provisions relating to bail and bonds under the CrPC. ........................................................43
Explain the concept of anticipatory bail.............................................................................................46
Irregular Proceedings (Sections 460-466) ............................................................................................46
What are the consequences of irregular proceedings under the CrPC? ..................................................46
Limitation for Taking Cognizance (Sections 467-473) ............................................................................48
Discuss the limitation period for taking cognizance of offences under the CrPC. .....................................48
Module 4: Juvenile Justice (Care and Protection of Children) Act, 2015 ...........................................49
Preliminary and General Principles of Care and Protection of Children (Chapters I & II) .............................49
Explain the general principles of care and protection of children under the Juvenile Justice Act. ...............49
Juvenile Justice Board (Chapter III) ....................................................................................................50
Discuss the constitution and powers of the Juvenile Justice Board. .......................................................50
Procedure in Relation to Children in Conflict with Law (Chapter IV) .........................................................51
Explain the procedure in relation to children in conflict with law. ..........................................................51
Children Welfare Committee (Chapter V) .............................................................................................52
What are the functions and powers of the Child Welfare Committee?....................................................52
Procedure in Relation to Children in Need of Care and Protection (Chapter VI) .........................................53
Discuss the procedure for dealing with children in need of care and protection. .....................................53
Rehabilitation and Social Re-integration (Chapter VII)...........................................................................55
Explain the provisions relating to the rehabilitation and social reintegration of children...........................55
Adoption (Chapter VIII) ....................................................................................................................57
Discuss the process and legal requirements for adoption under the Juvenile Justice Act. .........................57
Other Offences Against Children (Chapter IX) ......................................................................................58
What are the various offences against children under the Juvenile Justice Act? ......................................58
Miscellaneous Provisions (Chapter X) ..................................................................................................60
Explain the miscellaneous provisions under the Juvenile Justice Act. ....................................................60
Module 5: Protection of Children from Sexual Offences (POCSO) Act, 2012 .....................................61
Preliminary and General Principles of Care and Protection of Children (Chapter I) .....................................61
Discuss the general principles of care and protection of children under the POCSO Act. ..........................61
Sexual Offences Against Children (Chapter II)......................................................................................62
What are the various sexual offences against children under the POCSO Act?........................................62
Using Child for Pornographic Purposes and Punishment Therefor (Chapter III) .........................................63
Explain the provisions relating to the use of children for pornographic purposes. ...................................63
Abetment of and Attempt to Commit an Offence (Chapter IV) ................................................................64
 Page 3 of 71

Discuss the provisions relating to the abetment of and attempt to commit offences under the POCSO Act.64
Procedure for Reporting of Cases (Chapter V) ......................................................................................65
What is the procedure for reporting cases under the POCSO Act? ........................................................65
Procedures for Recording Statement of the Child (Chapter VI) ...............................................................66
Explain the procedure for recording the statement of a child under the POCSO Act. ...............................66
Special Courts (Chapter VII) ..............................................................................................................67
Discuss the establishment and functions of Special Courts under the POCSO Act. ..................................67
Procedure and Powers of Special Courts and Recording of Evidence (Chapter VIII) ...................................69
Explain the procedure and powers of Special Courts in recording evidence under the POCSO Act. ............69
Miscellaneous Provisions (Chapter IX) .................................................................................................70
Discuss the miscellaneous provisions under the POCSO Act.................................................................70
Disclaimer ..........................................................................................................................................71
 Page 4 of 71

Module 1: Introduction and General Provisions

Object, Purpose, and History of the Criminal Procedure Code
Discuss the object and purpose of the Criminal Procedure Code, 1973.
The Object and Purpose of the Criminal Procedure Code, 1973 The Code of Criminal Procedure, 1973 (CrPC) is
the primary law that governs the procedures related to the administration of criminal justice in India. The main
object and purpose of the CrPC are:
1. Consolidation and Codification: The CrPC was enacted to consolidate and codify the laws related to
criminal procedure in India. Prior to 1973, the criminal procedure was governed by the Code of Criminal
Procedure, 1898, which had undergone numerous amendments over the years. The CrPC, 1973 aimed
to bring all the relevant provisions under one comprehensive code.
2. Ensuring Fair Trial: A key purpose of the CrPC is to ensure a fair trial for the accused by providing
them with certain rights and safeguards, such as the right to be informed of the grounds of arrest, the
right to be produced before a magistrate within 24 hours, the right to bail, the right to be defended by
a lawyer, etc.
3. Balancing Interests: The CrPC seeks to balance the interests of the society in the prevention and
punishment of crime, and the rights of the individual. It provides a framework to investigate crimes,
collect evidence, arrest and prosecute the accused, and ensure a fair trial.
4. Efficient Administration of Criminal Justice: The CrPC aims to establish an efficient system for the
administration of criminal justice by defining the powers and jurisdictions of various criminal courts,
police officers, and other authorities involved in the criminal justice process.
5. Victim Protection: The CrPC has been amended over the years to incorporate provisions for the
protection of victims and witnesses, such as the right to be heard, the right to engage a lawyer, and
the right to receive compensation.
Towards a New Criminal Procedure Code: The Bharatiya Nagarik Suraksha Sanhita, 2023 The Government
of India has recently proposed a new criminal procedure code, called the Bharatiya Nagarik Suraksha Sanhita,
2023 (BNSS), which is intended to replace the existing CrPC, 1973. The BNSS is currently in the draft stage and
is slated to come into force on July 1, 2024. The key objectives of the proposed BNSS include:
1. Simplification and Modernization: The BNSS aims to simplify the criminal justice process and make
it more responsive to the needs of modern times.
2. Strengthening Victim Rights: The BNSS seeks to enhance the rights and protections afforded to
victims of crime, including the right to participate in the proceedings and receive compensation.
3. Improving Efficiency: The BNSS proposes various measures to improve the efficiency of the criminal
justice system, such as the use of technology, time-bound trials, and better coordination between
different agencies.
4. Aligning with Constitutional Values: The BNSS is intended to align the criminal justice system more
closely with the principles and values enshrined in the Constitution of India.
Once the BNSS comes into effect, it will replace the existing CrPC, 1973 and bring about significant changes in
the criminal justice landscape of India.

Explain the historical development of the Criminal Procedure Code in India.

The historical development of the Criminal Procedure Code in India can be traced as follows:
1. Pre-Independence Era:
o The first comprehensive criminal procedure law in India was the Code of Criminal Procedure,
1861, which was based on the recommendations of the Indian Law Commission.
o This was later replaced by the Code of Criminal Procedure, 1872, which introduced several
changes, including the separation of the executive and judicial functions of Magistrates.
o The Code of Criminal Procedure, 1898 was the next major revision, which consolidated and
amended the law relating to the procedure to be followed in criminal cases. This Code remained
in force until 1973.
2. Post-Independence Developments:
o After India's independence in 1947, the need for a comprehensive review of the criminal justice
system was felt, given the changing social and political landscape.
o The Law Commission of India was tasked with this review, and it submitted its 41st Report in
1969, recommending a complete overhaul of the criminal procedure law.
o Based on the Law Commission's recommendations, the Code of Criminal Procedure, 1973 was
enacted and came into force on April 1, 1974, replacing the earlier Code of 1898.
3. Key Features of the Code of Criminal Procedure, 1973:
o Consolidation and Codification: The CrPC, 1973 aimed to consolidate and codify the laws related
to criminal procedure in India.
o Ensuring Fair Trial: The CrPC provides various rights and safeguards for the accused to ensure
a fair trial.
o Balancing Interests: The CrPC seeks to balance the interests of society in preventing and
punishing crime, and the rights of the individual.
o Efficient Administration of Criminal Justice: The CrPC establishes an efficient system for the
administration of criminal justice by defining the powers and jurisdictions of various criminal
courts and authorities.
o Victim Protection: The CrPC has been amended over the years to incorporate provisions for the
protection of victims and witnesses.
4. Proposed Reforms:
 Page 5 of 71

o The Government of India has recently proposed a new criminal procedure code, called the
Bharatiya Nagarik Suraksha Sanhita, 2023, which is intended to replace the existing CrPC,
1973.
o The BNSS aims to simplify the criminal justice process, strengthen victim rights, improve
efficiency, and align the criminal justice system more closely with the principles and values of
the Constitution of India.
In summary, the Criminal Procedure Code in India has evolved over time, with the CrPC, 1973 being the current
governing statute, and the proposed BNSS, 2023 aiming to bring further reforms to the criminal justice system
Definitions (Section 2)
Define 'Cognizable Offence' and 'Non-Cognizable Offence'.
Cognizable Offence: According to Section 2(c) of the Code of Criminal Procedure, 1973 (CrPC), a "cognizable
offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in
accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.
The key aspects of cognizable offences are:
1. Serious Nature: Cognizable offences are generally more serious in nature, such as murder, rape,
kidnapping, theft, etc. They are punishable with imprisonment of 3 years or more.
2. Police Powers: In cognizable cases, the police have the power to arrest the accused without a warrant
and can also start the investigation without the permission of the court.
3. Mandatory FIR: The police are mandated to register a First Information Report (FIR) in case of a
cognizable offence under Section 154 of the CrPC.
4. Speedy Investigation: Cognizable offences require prompt action by the police, and the investigation
is usually more extensive compared to non-cognizable offences.
5. No Compromise: Cognizable offences do not have provisions for compromise between the parties
involved, as they are considered to be offences against society.
Non-Cognizable Offence: According to Section 2(l) of the CrPC, a "non-cognizable offence" means an offence
for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without
warrant. The key aspects of non-cognizable offences are:
1. Less Serious Nature: Non-cognizable offences are relatively less serious in nature, such as
defamation, public nuisance, minor assaults, etc. They are generally punishable with imprisonment of
less than 3 years.
2. Police Powers: In non-cognizable cases, the police cannot arrest the accused without a warrant and
cannot start the investigation without the permission of the court.
3. Complaint-based: Non-cognizable offences are usually complaint-based, and the police can only
initiate an investigation after the magistrate grants permission.
4. Compromise Possible: Non-cognizable offences provide room for compromise and resolution between
the parties involved, as they are considered to have a lesser impact on society.
5. Magistrate's Role: In non-cognizable cases, the magistrate plays a more active role in the
proceedings, including the power to dismiss the complaint under Section 203 of the CrPC.
The distinction between cognizable and non-cognizable offences is crucial as it determines the powers and
responsibilities of the police, the procedures to be followed, and the overall approach to the criminal justice
system.
What is meant by 'Complaint' under the CrPC?
According to Section 2(h) of the Code of Criminal Procedure, 1973 (CrPC), a "complaint" means: "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, but does not include a police report." The key aspects
of the definition of 'complaint' under the CrPC are:
1. Allegation of an Offence: A complaint involves an allegation that some person has committed an
offence. This allegation can be made either orally or in writing.
2. Made to a Magistrate: The allegation must be made to a Magistrate, with the intention of the
Magistrate taking action under the CrPC.
3. Excludes Police Report: The definition specifically excludes a police report from the ambit of a
'complaint'. A police report, which discloses the commission of a non-cognizable offence, is deemed to
be a complaint, and the police officer making the report is deemed to be the complainant.
4. Known or Unknown Accused: The definition covers cases where the identity of the person who has
committed the offence is known, as well as cases where the accused is unknown.
The distinction between a 'complaint' and a 'police report' is important, as it determines the procedure to be
followed. In the case of a complaint, the Magistrate has to apply his mind and decide whether to take cognizance
of the offence. Whereas in the case of a police report, the Magistrate is bound to take cognizance if the report
discloses the commission of a cognizable offence. Furthermore, the CrPC provides for different procedures to be
followed in complaint cases and cases instituted on a police report. For example, the Magistrate has the power
to dismiss a complaint at the initial stage if no prima facie case is made out, whereas such a power is not available
in cases instituted on a police report. In summary, the definition of 'complaint' under the CrPC is comprehensive
and clearly distinguishes it from a police report, thereby determining the applicable procedure to be followed by
the Magistrate in each case.
Define 'Investigation' and 'Inquiry' as per the CrPC.
Definition of 'Investigation' under the Code of Criminal Procedure, 1973 (CrPC): According to Section 2(h) of the
CrPC, "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a
police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf. The
key aspects of the definition of 'investigation' under the CrPC are:
1. Conducted by Police Officer or Authorized Person: The investigation can be carried out by a police
officer or any other person authorized by a Magistrate, but not by the Magistrate themselves.
 Page 6 of 71

2. Collection of Evidence: The primary purpose of the investigation is the collection of evidence related
to the alleged offense.
3. Proceedings under the CrPC: The investigation includes all the proceedings under the CrPC for the
collection of evidence, such as recording statements of witnesses, search and seizure, etc.
Example: If a murder is reported, the police officer in charge of the police station will initiate an investigation.
This will involve visiting the crime scene, examining the body, recording statements of witnesses, collecting
forensic evidence, and taking other necessary steps to gather evidence that can be used to identify and prosecute
the perpetrator.
Significant Changes in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The BNSS retains the
definition of 'investigation' as provided in the CrPC. However, it introduces the following changes:
1. Mandatory Forensic Investigation: The BNSS mandates forensic investigation for offenses
punishable with at least seven years of imprisonment. Forensic experts will be required to visit the crime
scene, collect evidence, and record the process using mobile phones or other electronic devices.
2. Timelines for Procedures: The BNSS prescribes specific timelines for various investigative
procedures, such as the submission of medical reports, informing victims of the progress of
investigations, and framing of charges by sessions courts.
3. Use of Technology: The BNSS emphasizes the use of technology in the investigation process, including
the mandatory recording of search and seizure procedures through audio-video electronic means.
These changes in the BNSS aim to enhance the efficiency, transparency, and effectiveness of the investigation
process, while also ensuring the protection of the rights of both the accused and the victims.

Definition of 'Inquiry' under the Code of Criminal Procedure, 1973 (CrPC): According to Section 2(g) of the CrPC,
"inquiry" means "every inquiry, other than a trial, conducted under this Code by a Magistrate or Court." The key
aspects of the definition of 'inquiry' under the CrPC are:
1. Conducted by Magistrate or Court: An inquiry can be conducted by a Magistrate or a Court, but not
by the police.
2. Distinct from Trial: An inquiry is distinct from a trial, as it is a separate proceeding that is not part of
the trial process.
3. Purpose of Inquiry: The purpose of an inquiry is to determine the truth of the information received,
without necessarily leading to a trial. This is in contrast to an investigation, which is carried out by the
police to collect evidence.
Example: Under Section 164 of the CrPC, a Magistrate can record the confession or statement of any person
during the course of an inquiry. This is an important inquiry procedure, as the recorded confession or statement
can be used as evidence during the trial. For instance, if a person is suspected of committing a crime, the
Magistrate may conduct an inquiry to record the person's statement and ascertain the facts of the case. The
Magistrate can then use this recorded statement as evidence if the case proceeds to trial.
Significant Changes in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The BNSS retains the
definition of 'inquiry' as provided in the CrPC. However, it introduces the following changes:
1. Timelines for Procedures: The BNSS prescribes specific timelines for the completion of inquiries
conducted by Magistrates. It states that the inquiry shall be completed within a period of six months
from the date of its commencement, unless the Magistrate records special reasons for the delay.
2. Oversight by Sessions Judge: The BNSS allows the Sessions Judge to vacate any direction by the
Magistrate to continue the inquiry proceedings beyond the six-month period, if the Sessions Judge is
satisfied that the direction was not based on any special reason or was perverse.
These changes in the BNSS aim to ensure the timely completion of inquiries and provide an additional layer of
oversight to prevent any undue delay or misuse of the inquiry process.

Constitution and Powers of Criminal and Executive Courts (Sections 6-35)

Explain the constitution and powers of the Court of Sessions.
Constitution and Powers of the Court of Sessions under the Code of Criminal Procedure, 1973 (CrPC):
Constitution of the Court of Sessions: As per Section 9 of the CrPC:
1. Every State shall be a sessions division or shall consist of sessions divisions.
2. The State Government may, after consultation with the High Court, alter the limits or the number of
such sessions divisions.
3. The State Government shall establish a Court of Session for every sessions division.
4. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
5. The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
6. The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional
Sessions Judge of another division.
7. If the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal
of any urgent application by an Additional Sessions Judge or the Chief Judicial Magistrate.
Example: In the state of Maharashtra, there are 36 sessions divisions, each having a Court of Session presided
over by a Sessions Judge appointed by the High Court of Bombay. Powers of the Court of Sessions: As per
Section 26 and Section 28 of the CrPC:
1. The Court of Session can try all offences under the Indian Penal Code (IPC) and any other law, except
those which are exclusively triable by the High Court.
2. The Court of Session can pass any sentence authorized by law, including a sentence of death, which is
subject to confirmation by the High Court.
 Page 7 of 71

Discuss the hierarchy and powers of criminal courts in India.

The Code of Criminal Procedure, 1973 (CrPC) outlines the structure, hierarchy, and powers of criminal courts in
India. This section will provide a comprehensive explanation of the hierarchy and powers of these courts,
referencing the relevant sections from the CrPC. Additionally, any significant changes introduced by the Bharatiya
Nagarik Suraksha Sanhita, 2023 will be highlighted.
Hierarchy of Criminal Courts
1. High Courts:
o Section 6: The High Courts are the highest courts in each state and have the authority to hear
appeals, revisions, and references from lower courts. They also have original jurisdiction in
certain cases.
2. Courts of Session:
o Section 9: Each sessions division has a Court of Session, presided over by a Sessions Judge
appointed by the High Court. Additional and Assistant Sessions Judges may also be appointed
to assist the Sessions Judge.
o Powers: Sessions Judges can pass any sentence authorized by law, but a death sentence
requires confirmation by the High Court (Section 28).
3. Judicial Magistrates:
o Section 11: In every district (excluding metropolitan areas), there are Courts of Judicial
Magistrates of the first and second class. The Chief Judicial Magistrate (CJM) is appointed by
the High Court.
o Powers:
 Chief Judicial Magistrate: Can pass any sentence except death, life imprisonment,
or imprisonment exceeding seven years (Section 29).
 Judicial Magistrate of the First Class: Can impose imprisonment up to three years
and fines up to ₹10,000 (Section 29).
 Judicial Magistrate of the Second Class: Can impose imprisonment up to one year
and fines up to ₹5,000 (Section 29).
4. Metropolitan Magistrates:
o Section 16: In metropolitan areas, there are Courts of Metropolitan Magistrates. The Chief
Metropolitan Magistrate (CMM) and Additional Chief Metropolitan Magistrates are appointed by
the High Court.
o Powers: Similar to Judicial Magistrates, with the CMM having powers equivalent to the CJM
(Section 29).
5. Executive Magistrates:
o Section 20: The State Government appoints Executive Magistrates in every district and
metropolitan area, including a District Magistrate (DM) and Additional District Magistrates
(ADM).
o Powers: Executive Magistrates handle administrative and executive functions, such as
maintaining public order and issuing licenses. They do not conduct trials but can take
preventive actions under Chapter VIII of the CrPC.
Powers of Criminal Courts
1. Sessions Courts:
o Section 28: Sessions Judges can pass any sentence authorized by law, including the death
penalty, subject to High Court confirmation.
o Section 29: Assistant Sessions Judges can impose imprisonment up to ten years.
2. Magistrates:
o Section 29:
 CJM: Can impose imprisonment up to seven years.
 Judicial Magistrate of the First Class: Can impose imprisonment up to three years and
fines up to ₹10,000.
 Judicial Magistrate of the Second Class: Can impose imprisonment up to one year and
fines up to ₹5,000.
o Section 30: Magistrates can impose imprisonment in default of fine, subject to certain
limitations.
3. Special Judicial and Metropolitan Magistrates:
o Sections 13 and 18: Special Judicial and Metropolitan Magistrates can be appointed for
specific cases or classes of cases, with powers similar to regular Magistrates.
4. Executive Magistrates:
o Section 20: Executive Magistrates have administrative powers, such as maintaining public
order, issuing licenses, and taking preventive actions.
Example: Consider a scenario where a person is accused of theft (a cognizable and non-bailable offense). The
police arrest the person and produce him before a Judicial Magistrate of the First Class. The Magistrate, after
considering the evidence, decides to impose a sentence of two years imprisonment and a fine of ₹5,000. If the
accused appeals, the case may go to the Sessions Court, where the Sessions Judge has the authority to review
the case and pass any sentence authorized by law.

Powers of Superior Officers of Police (Section 36)

What are the powers of superior officers of police under Section 36 of the CrPC?
Section 36 of the Code of Criminal Procedure, 1973 (CrPC)
Section 36 of the CrPC deals with the powers of superior officers of police. It states:
 Page 8 of 71

"Police officers superior in rank to an officer in charge of a police station may exercise the same powers,
throughout the local area to which they are appointed, as may be exercised by such officer within the limits of
his station."
Explanation of Section 36
1. Scope of Powers:
o Superior officers of police, such as Superintendents of Police (SP), Deputy Superintendents of
Police (DSP), and other higher-ranking officers, have the authority to exercise all the powers
that are vested in the officer in charge of a police station (commonly known as the Station
House Officer or SHO).
o These powers include the ability to investigate crimes, make arrests, conduct searches, and
perform other duties as prescribed under the CrPC.
2. Jurisdiction:
o The powers of these superior officers are not confined to a single police station. Instead, they
can exercise their powers throughout the entire local area to which they are appointed. This
means that an SP or DSP can operate across multiple police stations within their jurisdiction.
3. Purpose:
o The provision ensures that higher-ranking officers can oversee and intervene in police
operations across their jurisdiction, providing a mechanism for supervision and control over
the activities of lower-ranking officers.
o It also allows for a more coordinated and efficient response to criminal activities that may span
multiple police station jurisdictions.
Example: Consider a scenario where a serious crime, such as a large-scale fraud, is reported in a district. The
SHO of the local police station begins the investigation but soon realizes that the crime involves multiple locations
across the district. In such a case, the SP of the district can take over the investigation, utilizing the powers
granted under Section 36 to coordinate efforts across various police stations, ensuring a comprehensive and
efficient investigation.

Aid to the Magistrates and the Police (Sections 37-40)

Discuss the provisions relating to aid to the magistrates and the police.
Aid to the Magistrates and the Police (Sections 37-40)
The Code of Criminal Procedure, 1973 (CrPC) includes provisions under Sections 37 to 40 that outline the
responsibilities and duties of the public in assisting magistrates and police officers. These sections ensure that
the public plays an active role in maintaining law and order by providing necessary aid and information to the
authorities.
Section 37: Public When to Assist Magistrates and Police
Provision:
 Every person is bound to assist a magistrate or police officer when reasonably demanded to do so.
 The assistance may be required in the following situations:
o Taking or Preventing Escape: Assisting in the arrest or preventing the escape of any person
whom the magistrate or police officer is authorized to arrest.
o Prevention or Suppression of Breach of Peace: Helping in preventing or suppressing any
breach of peace.
o Prevention of Injury to Public Property: Assisting in preventing any injury attempted to
be committed to any railway, canal, telegraph, or other public property.
Example: If a police officer is chasing a suspect who has committed a theft, any bystander is legally obligated
to assist the officer in apprehending the suspect if requested.
Section 38: Aid to Person, Other than Police Officer, Executing Warrant
Provision:
 When a warrant is directed to a person other than a police officer, any other person may aid in the
execution of such warrant.
 This assistance is applicable if the person to whom the warrant is directed is near at hand and acting in
the execution of the warrant.
Example: If a court issues a warrant to a private security officer to arrest a person, any nearby individual can
assist the security officer in executing the warrant.
Section 39: Public to Give Information of Certain Offences
Provision:
 Every person aware of the commission or intention to commit certain offences must inform the nearest
magistrate or police officer.
 The offences include:
o Offences Against the State: Sections 121 to 126 and 130 of the Indian Penal Code (IPC).
o Offences Against Public Tranquillity: Sections 143, 144, 145, 147, and 148 of the IPC.
o Offences Relating to Illegal Gratification: Sections 161 to 165A of the IPC.
o Offences Affecting Life: Sections 302, 303, and 304 of the IPC.
o Offences of Theft and Robbery: Sections 382, 392 to 399, and 402 of the IPC.
o Offences of Criminal Breach of Trust: Section 409 of the IPC.
o Offences of Mischief Against Property: Sections 431 and 439 of the IPC.
o Offences of House Trespass: Sections 449 and 450 of the IPC.
o Offences of Lurking House Trespass: Sections 456 to 460 of the IPC.
o Offences Relating to Currency Notes and Bank Notes: Sections 489A to 489E of the IPC.
 Page 9 of 71

Example: If a person becomes aware of a plan to commit a robbery, they are legally required to inform the
nearest police station or magistrate about the plan.
Section 40: Duty of Officers Employed in Connection with the Affairs of a Village to Make Certain
Reports
Provision:
 Officers employed in connection with the affairs of a village and residents of a village must report certain
information to the nearest magistrate or police officer.
 The information includes:
o Residence of Notorious Criminals: Information about the residence of notorious receivers
or vendors of stolen property.
o Movement of Suspected Persons: Information about the movement of thugs, robbers,
escaped convicts, or proclaimed offenders.
o Commission of Non-Bailable Offences: Information about the commission or intention to
commit non-bailable offences.
o Suspicious Deaths: Information about sudden or unnatural deaths, or the discovery of
corpses under suspicious circumstances.
o Crimes Committed Outside India: Information about crimes committed outside India that
would be offences if committed in India.
Example: A village headman must report to the police if he knows that a notorious criminal has taken residence
in the village.

Arrest of Persons (Sections 41-60)

Explain the procedure of arrest without a warrant under Section 41.
Section 41 of the Code of Criminal Procedure, 1973 (CrPC)
Section 41 of the CrPC outlines the circumstances and procedures under which a police officer may arrest a
person without a warrant. This section is crucial for maintaining law and order and ensuring that police officers
can act swiftly in certain situations.
Provisions of Section 41
1. Circumstances for Arrest Without Warrant:
o Section 41(1): A police officer may, without an order from a Magistrate and without a warrant,
arrest any person:
 Section 41(1)(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(1)(b): Who has in his possession any implement of house-breaking.
 Section 41(1)(c): Who has been proclaimed as an offender either under this Code
or by order of the State Government.
 Section 41(1)(d): In whose possession anything is found which may reasonably be
suspected to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such thing.
 Section 41(1)(e): Who obstructs a police officer while in the execution of his duty,
or who has escaped, or attempts to escape, from lawful custody.
 Section 41(1)(f): Who is reasonably suspected of being a deserter from any of the
Armed Forces of the Union.
 Section 41(1)(g): Who has been concerned in, or against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable
suspicion exists, of his having been concerned in, any act committed at any place out
of India which, if committed in India, would have been punishable as an offence, and
for which he is, under any law relating to extradition, or otherwise, liable to be
apprehended or detained in custody in India.
 Section 41(1)(h): Who, being a released convict, commits a breach of any rule
made under sub-section (5) of section 356.
 Section 41(1)(i): For whose arrest any requisition, whether written or oral, has been
received from another police officer, provided that the requisition specifies the person
to be arrested and the offence or other cause for which the arrest is to be made and
it appears therefrom that the person might lawfully be arrested without a warrant by
the officer who issued the requisition.
2. Procedure for Arrest:
o Section 41(2): Subject to the provisions of section 42, no person concerned in a non-
cognizable offence or against whom a complaint has been made or credible information has
been received or reasonable suspicion exists of his having so concerned, shall be arrested
except under a warrant or order of a Magistrate.
3. Notice of Appearance:
o Section 41A: In cases where the arrest of a person is not required under the provisions of
sub-section (1) of section 41, the police officer shall 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.
4. Procedure of Arrest and Duties of Officer Making Arrest:
o Section 41B: Every police officer while making an arrest shall:
 Page 10 of 71

 Bear an accurate, visible, and clear identification of his name which will facilitate easy
identification.
 Prepare a memorandum of arrest which shall be 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.
 Countersign the memorandum by the person arrested.
 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.
5. Control Room at Districts:
o Section 41C: The State Government shall establish a police control room in every district and
at the State level. The control room at the district level shall display on the notice board kept
outside the control room the names and addresses of the persons arrested and the name and
designation of the police officers who made the arrests.
6. Right of Arrested Person to Meet an Advocate:
o Section 41D: When any person is arrested and interrogated by the police, he shall be entitled
to meet an advocate of his choice during interrogation, though not throughout the
interrogation.
Example: Consider a scenario where a police officer receives credible information that a person is in possession
of stolen property. The officer, under Section 41(1)(d), can arrest the person without a warrant. The officer must
follow the procedure outlined in Section 41B, including preparing a memorandum of arrest and informing the
arrested person of their rights.

What are the rights of an arrested person under the CrPC?

Rights of an Arrested Person Under the CrPC
The Code of Criminal Procedure, 1973 (CrPC) provides several rights to individuals who are arrested, ensuring
their protection and fair treatment under the law. These rights are designed to prevent abuse of power by law
enforcement authorities and to uphold the principles of justice and human rights.
Key Rights of an Arrested Person
1. Right to be Informed of the Grounds of Arrest (Section 50):
o Every police officer or person making an arrest must inform the arrested person of the grounds
for the arrest and the specific offence for which they are being arrested.
o If the arrest is for a non-bailable offence, the person must be informed of their right to bail.
2. Right to be Informed of the Right to Bail (Section 50(2)):
o If a person is arrested for a bailable offence, they must be informed that they are entitled to
be released on bail and can arrange for sureties on their behalf.
3. Right to be Produced Before a Magistrate Without Delay (Section 56 and 76):
o An arrested person must be brought before a Magistrate without unnecessary delay, and within
24 hours of the arrest, excluding the time necessary for the journey from the place of arrest
to the Magistrate's court.
4. Right Not to be Detained for More Than 24 Hours Without Judicial Scrutiny (Section 57):
o No police officer can detain an arrested person for more than 24 hours without obtaining a
special order from a Magistrate under Section 167, which allows for further detention.
5. Right to Consult a Legal Practitioner (Section 303 and 304):
o Every person against whom proceedings are initiated has the right to be defended by a legal
practitioner of their choice.
o In certain cases, the state is required to provide legal aid to the accused if they cannot afford
one.
6. Right to be Examined by a Medical Practitioner (Section 54):
o An arrested person has the right to be examined by a medical officer to document any injuries
or marks of violence on their body. This examination must be conducted soon after the arrest.
7. Right to Meet an Advocate During Interrogation (Section 41D):
o An arrested person is entitled to meet an advocate of their choice during interrogation, although
not throughout the interrogation.
8. Right to Inform a Relative or Friend About the Arrest (Section 50A):
o The police officer making the arrest must inform a friend, relative, or other person nominated
by the arrested person about the arrest and the place where the arrested person is being held.
o The police officer must also inform the arrested person of this right and make an entry in a
book kept at the police station regarding who has been informed.
9. Right Against Self-Incrimination (Article 20(3) of the Constitution and Section 161(2) of the
CrPC):
o An arrested person has the right not to be compelled to be a witness against themselves. This
is a constitutional right that protects individuals from being forced to incriminate themselves.
10. Right to be Treated Humanely (Section 55A):
o It is the duty of the person having custody of the accused to take reasonable care of the health
and safety of the arrested person.
Example: Consider a scenario where a person is arrested for a suspected theft. Upon arrest, the police officer
must inform the person of the grounds for the arrest and the specific offence (theft) they are being charged with.
If the offence is bailable, the officer must inform the person of their right to bail. The arrested person must be
produced before a Magistrate within 24 hours. During interrogation, the person has the right to meet with their
 Page 11 of 71

advocate. Additionally, the police must inform a relative or friend about the arrest and the location where the
person is being held.

Process to Compel Appearance and Production of Things and Reciprocal Arrangements (Sections 61-105L)
Discuss the process to compel the appearance of persons under the CrPC.
Process to Compel the Appearance of Persons Under the CrPC (Sections 61-90)
The Code of Criminal Procedure, 1973 (CrPC) outlines various processes to compel the appearance of persons in
court. These processes are essential for ensuring that individuals required to participate in legal proceedings do
so in a timely and orderly manner. The relevant sections (61-90) cover the issuance and service of summons,
warrants of arrest, and proclamations for absconding persons.
Summons (Sections 61-69)
1. Form of Summons (Section 61):
o Every summons issued by a court must be in writing, in duplicate, and signed by the presiding
officer of the court. It must also bear the seal of the court.
o Form No. 1 of the Second Schedule of the CrPC provides a template for preparing summons.
2. Procedure of Service of Summons (Section 62):
o Summons can be served by a police officer, an officer of the court issuing the summons, or
any other public servant.
o The summons must be served personally on the person summoned, if practicable, and the
person must acknowledge receipt by signing a duplicate copy of the summons.
3. Service on Corporate Bodies and Societies (Section 63): Summons can be served on corporate
bodies by delivering it to the secretary, local manager, or other principal officer of the corporation, or
by sending it by registered post to the chief officer of the corporation in India.
4. Service on Adult Male Family Member (Section 64): If the person summoned cannot be found,
the summons can be left with an adult male member of the family residing with the person. The family
member must acknowledge receipt by signing the duplicate copy of the summons.
5. Procedure When Service Cannot Be Effected (Section 65): If the summons cannot be served as
provided in Sections 62, 63, or 64, it can be affixed to a conspicuous part of the house where the person
ordinarily resides.
6. Service on Government Servant (Section 66): Summons for a government servant can be served
by sending it to the head of the office where the person is employed.
7. Service of Summons Outside Local Limits (Section 67): Summons can be served outside the local
limits of the court's jurisdiction by sending it to a Magistrate within whose jurisdiction the person resides.
8. Proof of Service in Such Cases and When Serving Officer Not Present (Section 68): The serving
officer must provide proof of service, and if the serving officer is not present, the court may accept an
affidavit from the serving officer as proof.
9. Service of Summons on Witness by Post (Section 69): Summons to a witness can be served by
registered post, and the service is deemed effective when the letter would ordinarily be delivered.
Warrants of Arrest (Sections 70-81)
1. Form of Warrant of Arrest and Duration (Section 70):
o A warrant of arrest must be in writing, signed by the presiding officer, and bear the seal of the
court. It remains in force until it is executed or canceled by the court.
2. Power to Direct Security to Be Taken (Section 71): The court may direct that the person arrested
be released on bail upon providing security.
3. Warrants to Whom Directed (Section 72): Warrants can be directed to one or more police officers
or any other person, and they must be executed by the person to whom they are directed.
4. Warrant May Be Directed to Any Person (Section 73): In certain cases, a warrant can be directed
to any person, not just police officers.
5. Warrant Directed to a Police Officer (Section 74): A police officer executing a warrant must notify
the substance of the warrant to the person being arrested and, if required, show the warrant.
6. Notification of Substance of Warrant (Section 75): The person executing the warrant must notify
the substance of the warrant to the person being arrested.
7. Person Arrested to Be Brought Before Court Without Delay (Section 76): The person arrested
must be brought before the court without unnecessary delay.
8. Where Warrant May Be Executed (Section 77): A warrant can be executed at any place in India.
9. Warrant Forwarded for Execution Outside Jurisdiction (Section 78): If a warrant is to be
executed outside the local jurisdiction, it can be forwarded to a Magistrate or police officer in the area
where it is to be executed.
10. Warrant Directed to Police Officer for Execution Outside Jurisdiction (Section 79): A police
officer can execute a warrant outside their jurisdiction if directed by the court.
11. Procedure on Arrest of Person Against Whom Warrant Issued (Section 80): The person arrested
must be brought before the court that issued the warrant or a Magistrate within the local jurisdiction.
12. Procedure by Magistrate Before Whom Person Arrested Is Brought (Section 81): The
Magistrate must ensure that the person is brought before the court that issued the warrant or a
competent court within the local jurisdiction.
Proclamation and Attachment (Sections 82-90)
1. Proclamation for Person Absconding (Section 82): If a person against whom a warrant has been
issued is absconding, the court can issue a proclamation requiring the person to appear at a specified
place and time.
2. Attachment of Property of Person Absconding (Section 83): If the person does not appear after
the proclamation, the court can order the attachment of the person's property.
 Page 12 of 71

3. Claims and Objections to Attachment (Section 84): Any person claiming an interest in the attached
property can make a claim or objection to the attachment.
4. Release, Sale, and Restoration of Attached Property (Sections 85-86): The court can release,
sell, or restore the attached property based on the outcome of the proceedings.
5. Issue of Warrant in Lieu of, or in Addition to, Summons (Section 87): The court can issue a
warrant for arrest if it believes the person will not obey the summons or has absconded.
6. Power to Take Bond for Appearance (Section 88): The court can require a person to execute a
bond for their appearance in court.
7. Arrest on Breach of Bond for Appearance (Section 89): If a person bound by a bond fails to appear,
the court can issue a warrant for their arrest.
8. Provisions of This Chapter Generally Applicable to Summons and Warrants of Arrest (Section
90): The provisions relating to summons and warrants, and their issue, service, and execution, apply
to all summons and warrants issued under the CrPC.
Example: Consider a scenario where a person is accused of a crime and fails to appear in court after being
summoned. The court issues a warrant for the person's arrest. If the person absconds, the court can issue a
proclamation under Section 82, requiring the person to appear at a specified place and time. If the person still
does not appear, the court can order the attachment of the person's property under Section 83.

Explain the provisions relating to the production of documents and other things.
Provisions Relating to the Production of Documents and Other Things (Sections 91-105L)
The Code of Criminal Procedure, 1973 (CrPC) outlines the processes and procedures for compelling the production
of documents and other things necessary for investigations, inquiries, trials, or other proceedings. These
provisions ensure that relevant evidence can be obtained and presented in court to facilitate the administration
of justice.
Summons to Produce (Sections 91-92)
1. Summons to Produce Document or Other Thing (Section 91):
o Section 91(1): Any court or officer in charge of a police station may issue a summons or
written order to any person in possession of a document or other thing necessary or desirable
for an investigation, inquiry, trial, or other proceeding under the CrPC. The person must attend
and produce the document or thing at the specified time and place.
o Section 91(2): Compliance with the summons is deemed sufficient if the person causes the
document or thing to be produced instead of attending personally.
o Section 91(3): This section does not affect Sections 123 and 124 of the Indian Evidence Act,
1872, or the Bankers’ Books Evidence Act, 1891, and does not apply to postal or telegraph
documents.
2. Procedure as to Letters and Telegrams (Section 92):
o Section 92(1): If a document, parcel, or thing in the custody of a postal or telegraph authority
is required for an investigation, inquiry, trial, or other proceeding, the District Magistrate, Chief
Judicial Magistrate, Court of Session, or High Court may require the postal or telegraph
authority to deliver it to a specified person.
o Section 92(2): Other Magistrates or police officers may also require the postal or telegraph
authority to search for and detain such items pending the order of a higher authority.
Search Warrants (Sections 93-98)
1. When Search-Warrant May Be Issued (Section 93):
o Section 93(1): A court may issue a search warrant if it believes that a person will not produce
a document or thing required by a summons, if the document or thing is not known to be in
possession of any person, or if a general search or inspection is necessary.
o Section 93(2): The court may specify the particular place or part to be searched.
o Section 93(3): Only a District Magistrate or Chief Judicial Magistrate can grant a warrant to
search for items in the custody of postal or telegraph authorities.
2. Search of Place Suspected to Contain Stolen Property, Forged Documents, etc. (Section 94):
o Section 94(1): A Magistrate may authorize a police officer to search a place suspected of
being used for the deposit or sale of stolen property, forged documents, counterfeit currency,
or other objectionable articles.
o Section 94(2): The objectionable articles include counterfeit coins, forged documents, false
seals, obscene objects, and instruments used for their production.
3. Power to Declare Certain Publications Forfeited and to Issue Search-Warrants (Section 95):
o Section 95(1): The State Government may declare any publication containing punishable
matter under specific sections of the Indian Penal Code (IPC) to be forfeited and authorize
police officers to seize such publications.
o Section 95(2): Definitions of "newspaper" and "book" are provided, and "document" includes
paintings, drawings, photographs, or other visible representations.
4. Application to High Court to Set Aside Declaration of Forfeiture (Section 96):
o Section 96(1): Any person with an interest in a forfeited publication may apply to the High
Court to set aside the declaration within two months of its publication.
o Section 96(2)-(5): The application is heard by a Special Bench of the High Court, and the
decision is based on whether the publication contained the punishable matter.
5. Search for Persons Wrongfully Confined (Section 97):
o A Magistrate may issue a search warrant if there is reason to believe that a person is wrongfully
confined. The person found must be brought before a Magistrate for appropriate orders.
6. Power to Compel Restoration of Abducted Females (Section 98):
 Page 13 of 71

o A Magistrate may order the immediate restoration of an abducted or unlawfully detained

woman or female child to her lawful guardian and may use necessary force to ensure
compliance.
General Provisions Relating to Searches (Sections 99-105)
1. Direction, etc., of Search-Warrants (Section 99):
o The provisions relating to the issuance, service, and execution of summons and warrants apply
to search warrants as well.
2. Persons in Charge of Closed Place to Allow Search (Section 100):
o Section 100(1): Persons in charge of a place to be searched must allow entry and facilitate
the search.
o Section 100(2): If entry is refused, the officer may break open doors or windows to gain
access.
o Section 100(3): Persons suspected of concealing items may be searched, and women must
be searched by another woman with regard to decency.
o Section 100(4)-(5): Independent witnesses must be present during the search, and a list of
seized items must be prepared.
3. Disposal of Things Found in Search Beyond Jurisdiction (Section 101):
o Items found in a search outside the jurisdiction of the issuing court must be forwarded to the
appropriate Magistrate.
4. Power of Police Officer to Seize Certain Property (Section 102):
o Police officers may seize property suspected to be stolen or involved in an offence and must
report the seizure to the Magistrate.
5. Magistrate May Direct Search in His Presence (Section 103):
o A Magistrate may direct a search to be conducted in his presence.
6. Power to Impound Document, etc., Produced (Section 104):
o A Magistrate may impound any document or thing produced before him.
Reciprocal Arrangements (Sections 105-105L)
1. Reciprocal Arrangements Regarding Processes (Section 105):
o The CrPC provides for reciprocal arrangements with other countries for the service of summons,
warrants, and judicial processes.
2. Assistance in Securing Transfer of Persons (Section 105B):
o Provisions for securing the transfer of persons for the purpose of investigation or trial.
3. Assistance in Relation to Orders of Attachment or Forfeiture of Property (Section 105C):
o Provisions for assistance in executing orders of attachment or forfeiture of property.
4. Identifying Unlawfully Acquired Property (Section 105D):
o Provisions for identifying property acquired unlawfully.
5. Seizure or Attachment of Property (Section 105E):
o Provisions for the seizure or attachment of property.
6. Management of Properties Seized or Forfeited (Section 105F):
o Provisions for the management of seized or forfeited properties.
7. Notice of Forfeiture of Property (Section 105G):
o Provisions for issuing notices of forfeiture of property.
8. Forfeiture of Property in Certain Cases (Section 105H):
o Provisions for the forfeiture of property in specific cases.
9. Fine in Lieu of Forfeiture (Section 105I):
o Provisions for imposing fines in lieu of forfeiture.
10. Certain Transfers to Be Null and Void (Section 105J):
o Provisions declaring certain transfers of property to be null and void.
11. Procedure in Respect of Letter of Request (Section 105K):
o Provisions for handling letters of request from foreign authorities.
12. Application of This Chapter (Section 105L):
o Provisions for the application of the chapter on reciprocal arrangements.
Example: Consider a scenario where a police officer needs a bank statement as evidence in a fraud case. The
officer can issue a summons under Section 91 to the bank manager, requiring the production of the statement.
If the bank manager fails to comply, the court may issue a search warrant under Section 93 to obtain the
document.

Preventive and Precautionary Measures of Security Proceedings (Sections 106-124, 129-153)

What are the preventive measures provided under the CrPC to maintain public order?
The Code of Criminal Procedure, 1973 (CrPC) provides several preventive measures to maintain public order and
prevent the commission of offences. These measures are designed to empower authorities to take pre-emptive
actions to ensure peace and security in society. The relevant sections (106-124, 129-153) cover various aspects
of preventive and precautionary measures.
Security for Keeping the Peace and Good Behaviour (Sections 106-124)
1. Security for Keeping the Peace on Conviction (Section 106):
o Provision: When a person is convicted of certain offences, the court may order them to
execute a bond, with or without sureties, for keeping the peace for a period not exceeding
three years.
o Offences Covered: Offences under Chapter VIII of the Indian Penal Code (IPC), offences
involving assault, criminal force, mischief, criminal intimidation, and any other offence likely to
cause a breach of the peace.
 Page 14 of 71

2. Security for Keeping the Peace in Other Cases (Section 107):

o Provision: An Executive Magistrate may require a person to show cause why they should not
be ordered to execute a bond for keeping the peace for a period not exceeding one year if
there is information that the person is likely to commit a breach of the peace or disturb public
tranquillity.
3. Security for Good Behaviour from Persons Disseminating Seditious Matters (Section 108):
o Provision: An Executive Magistrate may require a person to show cause why they should not
be ordered to execute a bond for good behaviour for a period not exceeding one year if there
is information that the person is disseminating seditious matters or obscene materials.
4. Security for Good Behaviour from Suspected Persons (Section 109):
o Provision: An Executive Magistrate may require a person to show cause why they should not
be ordered to execute a bond for good behaviour for a period not exceeding one year if there
is information that the person is taking precautions to conceal their presence with a view to
committing a cognizable offence.
5. Security for Good Behaviour from Habitual Offenders (Section 110):
o Provision: An Executive Magistrate may require a person to show cause why they should not
be ordered to execute a bond for good behaviour for a period not exceeding three years if the
person is a habitual offender involved in robbery, theft, forgery, receiving stolen property, or
other specified offences.
6. Order to be Made (Section 111):
o Provision: When a Magistrate deems it necessary to require a person to show cause under
Sections 107, 108, 109, or 110, they must make an order in writing, setting forth the substance
of the information received and the bond's terms.
7. Procedure in Respect of Person Present in Court (Section 112):
o Provision: If the person is present in court, the order must be read over to them, or the
substance explained.
8. Summons or Warrant in Case of Person Not Present (Section 113):
o Provision: If the person is not present, the Magistrate shall issue a summons or warrant
directing the person to appear.
9. Copy of Order to Accompany Summons or Warrant (Section 114):
o Provision: Every summons or warrant issued under Section 113 must be accompanied by a
copy of the order made under Section 111.
10. Power to Dispense with Personal Attendance (Section 115):
o Provision: The Magistrate may dispense with the personal attendance of any person called
upon to show cause and permit them to appear by a pleader.
11. Inquiry as to Truth of Information (Section 116):
o Provision: The Magistrate must inquire into the truth of the information upon which action
has been taken and take further evidence as necessary.
12. Order to Give Security (Section 117):
o Provision: If the Magistrate is satisfied that the person should be ordered to execute a bond,
they must make an order accordingly.
13. Discharge of Person Informed Against (Section 118):
o Provision: If the Magistrate is not satisfied, they must discharge the person.
14. Commencement of Period for Which Security is Required (Section 119):
o Provision: The period for which security is required commences on the date of the order unless
the Magistrate directs otherwise.
15. Contents of Bond (Section 120):
o Provision: The bond must specify the conditions under which it is executed.
16. Power to Reject Sureties (Section 121):
o Provision: The Magistrate may reject any surety offered if they are not satisfied with the
surety's sufficiency.
17. Imprisonment in Default of Security (Section 122):
o Provision: If a person fails to give security, they may be committed to prison for the period
for which security was required.
18. Power to Release Persons Imprisoned for Failing to Give Security (Section 123):
o Provision: The person may be released if they provide the required security or if the period
for which security was required has expired.
19. Security for Unexpired Period of Bond (Section 124):
o Provision: If a person is imprisoned for failing to give security, they may be required to give
security for the unexpired period of the bond upon release.
Maintenance of Public Order and Tranquillity (Sections 129-153)
1. Dispersal of Unlawful Assemblies (Sections 129-132):
o Section 129: An Executive Magistrate or police officer may command an unlawful assembly
to disperse and use necessary force if it does not comply.
o Section 130: The armed forces may be called to disperse an assembly if the police cannot do
so.
o Section 131: Certain armed force officers have the power to disperse assemblies.
o Section 132: Protection against prosecution for acts done under Sections 129-131.
2. Public Nuisances (Sections 133-143):
o Section 133: A Magistrate may issue a conditional order for the removal of a public nuisance.
o Section 134: Service or notification of the order.
 Page 15 of 71

o Section 135: The person to whom the order is addressed must obey or show cause.
o Section 136: Consequences of failing to comply.
o Section 137: Procedure where the existence of a public right is denied.
o Section 138: Procedure where the person appears to show cause.
o Section 139: Power of Magistrate to direct local investigation and examination of an expert.
o Section 140: Power of Magistrate to furnish written instructions, etc.
o Section 141: Procedure on order being made absolute and consequences of disobedience.
o Section 142: Injunction pending inquiry.
o Section 143: Magistrate may prohibit the repetition or continuance of a public nuisance.
3. Urgent Cases of Nuisance or Apprehended Danger (Section 144):
o Provision: A Magistrate may issue an order in urgent cases of nuisance or apprehended
danger to prevent obstruction, annoyance, or injury to any person lawfully employed, or danger
to human life, health, or safety, or a disturbance of public tranquillity.
4. Disputes as to Immovable Property (Sections 145-148):
o Section 145: Procedure where a dispute concerning land or water is likely to cause a breach
of peace.
o Section 146: Power to attach the subject of dispute and appoint a receiver.
o Section 147: Dispute concerning the right of use of land or water.
o Section 148: Local inquiry.
5. Preventive Action of the Police (Sections 149-153):
o Section 149: Police to prevent cognizable offences.
o Section 150: Information of design to commit cognizable offences.
o Section 151: Arrest to prevent the commission of cognizable offences.
o Section 152: Prevention of injury to public property.
o Section 153: Inspection of weights and measures.
Example: Consider a scenario where there is credible information that a group is planning to hold a protest that
could turn violent. Under Section 144, the Magistrate can issue an order prohibiting the assembly of more than
four people in the area to prevent a breach of peace. If the group still gathers and becomes unruly, the police
can use Section 129 to disperse the assembly using necessary force.

Discuss the security proceedings under Sections 106-124.

The Code of Criminal Procedure, 1973 (CrPC) provides for security proceedings under Sections 106-124 to
maintain public order and prevent the commission of offences. These sections empower the courts and
magistrates to require individuals to execute bonds for keeping the peace and maintaining good behavior. The
provisions are preventive in nature and aim to deter individuals from engaging in activities that could disturb
public tranquillity.
Section 106: Security for Keeping the Peace on Conviction
Provision:
 When a person is convicted of certain offences, the court may order them to execute a bond, with or
without sureties, for keeping the peace for a period not exceeding three years.
 Offences Covered: Offences under Chapter VIII of the Indian Penal Code (IPC), offences involving
assault, criminal force, mischief, criminal intimidation, and any other offence likely to cause a breach of
the peace.
Example:
If a person is convicted of rioting, the court may require them to execute a bond to ensure they do not engage
in similar activities for a specified period.
Section 107: Security for Keeping the Peace in Other Cases
Provision:
 An Executive Magistrate may require a person to show cause why they should not be ordered to execute
a bond for keeping the peace for a period not exceeding one year if there is information that the person
is likely to commit a breach of the peace or disturb public tranquility.
Example:
If there is credible information that a person is planning to incite violence during a public event, the Magistrate
can require them to execute a bond to prevent such actions.
Section 108: Security for Good Behaviour from Persons Disseminating Seditious Matters
Provision: An Executive Magistrate may require a person to show cause why they should not be ordered
to execute a bond for good behaviour for a period not exceeding one year if there is information that
the person is disseminating seditious matters or obscene materials.
Example: If a person is found distributing pamphlets inciting hatred against the government, the
Magistrate can require them to execute a bond to ensure they refrain from such activities.
Section 109: Security for Good Behaviour from Suspected Persons
Provision: An Executive Magistrate may require a person to show cause why they should not be ordered
to execute a bond for good behaviour for a period not exceeding one year if there is information that
the person is taking precautions to conceal their presence with a view to committing a cognizable
offence.
Example: If a person is found loitering suspiciously near a high-security area, the Magistrate can
require them to execute a bond to ensure they do not engage in criminal activities.
Section 110: Security for Good Behaviour from Habitual Offenders
 Page 16 of 71

Provision: An Executive Magistrate may require a person to show cause why they should not be ordered
to execute a bond for good behaviour for a period not exceeding three years if the person is a habitual
offender involved in robbery, theft, forgery, receiving stolen property, or other specified offences.
Example: If a person has a history of repeated thefts, the Magistrate can require them to execute a
bond to prevent further criminal activities.
Sections 111-124: Procedural Provisions
1. Order to be Made (Section 111): The Magistrate must make an order in writing, setting forth the
substance of the information received and the bond's terms.
2. Procedure in Respect of Person Present in Court (Section 112): If the person is present in court,
the order must be read over to them, or the substance explained.
3. Summons or Warrant in Case of Person Not Present (Section 113): If the person is not present,
the Magistrate shall issue a summons or warrant directing the person to appear.
4. Copy of Order to Accompany Summons or Warrant (Section 114): Every summons or warrant
issued under Section 113 must be accompanied by a copy of the order made under Section 111.
5. Power to Dispense with Personal Attendance (Section 115): The Magistrate may dispense with
the personal attendance of any person called upon to show cause and permit them to appear by a
pleader.
6. Inquiry as to Truth of Information (Section 116): The Magistrate must inquire into the truth of the
information upon which action has been taken and take further evidence as necessary.
7. Order to Give Security (Section 117): If the Magistrate is satisfied that the person should be ordered
to execute a bond, they must make an order accordingly.
8. Discharge of Person Informed Against (Section 118): If the Magistrate is not satisfied, they must
discharge the person.
9. Commencement of Period for Which Security is Required (Section 119): The period for which
security is required commences on the date of the order unless the Magistrate directs otherwise.
10. Contents of Bond (Section 120): The bond must specify the conditions under which it is executed.
11. Power to Reject Sureties (Section 121): The Magistrate may reject any surety offered if they are
not satisfied with the surety's sufficiency.
12. Imprisonment in Default of Security (Section 122): If a person fails to give security, they may be
committed to prison for the period for which security was required.
13. Power to Release Persons Imprisoned for Failing to Give Security (Section 123): The person
may be released if they provide the required security or if the period for which security was required
has expired.
14. Security for Unexpired Period of Bond (Section 124): If a person is imprisoned for failing to give
security, they may be required to give security for the unexpired period of the bond upon release.
Example: Consider a scenario where a person is known to be a habitual offender involved in thefts. The police
receive credible information that the person is planning another theft. Under Section 110, the Executive
Magistrate can require the person to execute a bond for good behaviour for a period not exceeding three years.
If the person fails to provide the bond, they may be imprisoned for the specified period.

Maintenance of Wives, Children, and Parents (Sections 125-128)

Explain the provisions relating to the maintenance of wives, children, and parents under Section 125.
Section 125 of the Code of Criminal Procedure, 1973 (CrPC)
Section 125 of the CrPC provides a legal remedy for the maintenance of wives, children, and parents who are
unable to maintain themselves. This section is designed to prevent vagrancy and destitution by compelling those
with sufficient means to support their dependents.
Provisions of Section 125
1. Who Can Claim Maintenance:
o Wife: A wife who is unable to maintain herself can claim maintenance from her husband. This
includes a divorced wife who has not remarried.
o Children: Legitimate or illegitimate minor children, whether married or not, who are unable
to maintain themselves. In the case of married daughters, they can claim maintenance until
they attain majority if they are unable to maintain themselves.
o Parents: Father or mother who is unable to maintain themselves can claim maintenance from
their son or daughter.
2. Conditions for Granting Maintenance:
o The person from whom maintenance is claimed must have sufficient means to provide
maintenance.
o The person claiming maintenance must be unable to maintain themselves.
3. Quantum of Maintenance:
o The Magistrate may order a monthly allowance for the maintenance of the wife, child, or parent,
as deemed fit. The amount is determined based on the needs of the claimant and the financial
capacity of the person liable to pay.
4. Procedure for Claiming Maintenance:
o An application for maintenance can be made to a Magistrate of the first class.
o The Magistrate, upon being satisfied that there is a valid claim, may order the person liable to
pay a monthly allowance.
5. Enforcement of Maintenance Order:
o If the person ordered to pay maintenance fails to comply, the Magistrate may issue a warrant
for levying the amount due in the manner provided for levying fines.
 Page 17 of 71

o The Magistrate may also sentence the defaulter to imprisonment for a term which may extend
to one month or until payment is made, whichever is earlier.
6. Alteration in Allowance:
o The Magistrate may alter the allowance on proof of a change in the circumstances of either
party.
7. Interim Maintenance:
o The Magistrate may order interim maintenance during the pendency of the application for
maintenance.
8. Maintenance of Divorced Wife:
o A divorced wife is entitled to maintenance unless she remarries. The obligation to pay
maintenance continues even after divorce.
Example: Consider a scenario where a wife is abandoned by her husband and has no means of supporting
herself. She can file an application under Section 125 of the CrPC in the Magistrate's court. The court, after
examining the evidence, may order the husband to pay a monthly allowance to the wife for her maintenance. If
the husband fails to comply with the order, the court can enforce the order by issuing a warrant for the recovery
of the amount due and may also sentence the husband to imprisonment for non-compliance.

Information to the Police and their Powers to Investigate (Sections 154-176)

What is the procedure for filing an FIR under Section 154?
Section 154 of the CrPC outlines the procedure for filing a First Information Report (FIR) in cases of cognizable
offences. The FIR is a crucial document that sets the criminal justice process in motion by providing the police
with the initial information about the commission of a cognizable offence.
Key Provisions of Section 154
1. Information Relating to Cognizable Offences:
o Section 154(1): Any information relating to the commission of a cognizable offence, if given
orally to an officer in charge of a police station, shall be reduced to writing by the officer or
under his direction. The information must be read over to the informant and signed by the
person giving it. The substance of the information must be entered in a book kept by such
officer in a form prescribed by the State Government.
2. Copy of the FIR:
o A copy of the information as recorded shall be given forthwith, free of cost, to the informant.
3. Refusal to Record Information:
o Section 154(3): If an officer in charge of a police station refuses to record the information,
the person aggrieved by such refusal may send the substance of such information, in writing
and by post, to the Superintendent of Police (SP) concerned. If the SP is satisfied that the
information discloses the commission of a cognizable offence, he shall either investigate the
case himself or direct an investigation to be made by any police officer subordinate to him.
Detailed Procedure for Filing an FIR
1. Lodging the Information:
o The informant (victim, witness, or any other person) can approach the police station having
jurisdiction over the area where the offence was committed.
o The information can be given orally or in writing. If given orally, the police officer must reduce
it to writing.
2. Recording the Information:
o The police officer must write down the information in the FIR register, also known as the "book
of records."
o The informant must read over the written information to ensure its accuracy and then sign it.
3. Providing a Copy to the Informant:
o The police officer must provide a free copy of the FIR to the informant immediately after
recording it.
4. Refusal to Register FIR:
o If the police officer refuses to register the FIR, the informant can escalate the matter by sending
the written information to the Superintendent of Police (SP) or Deputy Commissioner of Police
(DCP).
o The SP/DCP, upon receiving the complaint, will assess whether the information discloses a
cognizable offence. If satisfied, they will either investigate the case themselves or direct a
subordinate officer to do so.
5. Further Escalation:
o If the SP/DCP also refuses to act, the informant can approach the Magistrate under Section
156(3) of the CrPC, who can then direct the police to register the FIR and investigate the case.
Example: Consider a scenario where a person witnesses a robbery. The witness goes to the nearest police
station and informs the officer in charge about the incident. The officer writes down the details provided by the
witness, reads it back to ensure accuracy, and then asks the witness to sign the document. The officer then
provides a copy of the FIR to the witness free of cost. If the officer had refused to register the FIR, the witness
could have sent the information to the SP, who would then take appropriate action.
Case Laws and Judicial Interpretations
1. Lalita Kumari v. Government of U.P. (2013): The Supreme Court held that the registration of an
FIR is mandatory under Section 154 if the information discloses the commission of a cognizable offence.
No preliminary inquiry is permissible in such cases.
 Page 18 of 71

2. M. Subramaniam & Anr. v. S. Janaki & Anr.: The Supreme Court reiterated the importance of
following the due process for the registration of FIRs and emphasized the remedies available under
Sections 154(3) and 156(3) of the CrPC.
3. Youth Bar Association of India v. Union of India (2014): The Supreme Court laid down guidelines
for the timely provision of FIR copies to the accused and the uploading of FIRs on the police or state
website.

Discuss the powers of the police to investigate under the CrPC.

The Code of Criminal Procedure, 1973 (CrPC) outlines the powers and procedures for police investigations in
India. These provisions ensure that investigations are conducted systematically and lawfully, safeguarding the
rights of individuals while enabling the police to gather evidence effectively.
Key Provisions Relating to Police Investigations
1. Information in Cognizable Cases (Section 154):
o Filing an FIR: Any information relating to the commission of a cognizable offence, if given
orally to an officer in charge of a police station, shall be reduced to writing and read over to
the informant. The informant must sign the document, and a copy must be provided to them
free of cost.
o Refusal to Register FIR: If the officer refuses to record the information, the informant can
send the substance of the information to the Superintendent of Police, who may investigate
the case or direct an investigation.
2. Information in Non-Cognizable Cases (Section 155):
o Recording Information: When information about a non-cognizable offence is given to an
officer in charge of a police station, it must be entered in a book kept for this purpose. The
informant must be referred to the Magistrate.
o Investigation with Magistrate's Order: A police officer cannot investigate a non-cognizable
case without the order of a Magistrate.
3. Police Officer’s Power to Investigate Cognizable Cases (Section 156):
o Authority to Investigate: Any officer in charge of a police station may investigate any
cognizable case without the order of a Magistrate.
o Investigation Beyond Jurisdiction: The officer can investigate cases beyond their
jurisdiction but must report the case to the Magistrate empowered to take cognizance of the
offence.
4. Procedure for Investigation (Section 157):
o Preliminary Investigation: Upon receiving information about a cognizable offence, the
officer must send a report to the Magistrate and proceed to the scene to investigate the facts
and circumstances.
o Decision Not to Investigate: If the officer decides not to investigate, they must inform the
informant and the Magistrate, stating the reasons.
5. Report How Submitted (Section 158):
o Forwarding Reports: The officer must forward the report to the Magistrate through the
superior officer of police.
6. Power to Hold Investigation or Preliminary Inquiry (Section 159):
o Magistrate’s Authority: The Magistrate can direct an investigation or hold a preliminary
inquiry into the case.
7. Police Officer’s Power to Require Attendance of Witnesses (Section 160):
o Summoning Witnesses: The officer can require the attendance of any person acquainted
with the facts and circumstances of the case.
8. Examination of Witnesses by Police (Section 161):
o Recording Statements: The officer can examine witnesses and record their statements. The
statements must be signed by the witnesses.
9. Statements to Police Not to Be Signed: Use of Statements in Evidence (Section 162):
o Admissibility of Statements: Statements made to the police during an investigation are not
to be signed by the person making them and cannot be used as evidence in court, except for
the purpose of contradicting the witness.
10. No Inducement to Be Offered (Section 163):
o Prohibition of Coercion: No police officer or person in authority shall offer any inducement,
threat, or promise to any person to make a statement.
11. Recording of Confessions and Statements (Section 164):
o Judicial Confessions: Confessions and statements must be recorded by a Magistrate,
ensuring that they are made voluntarily.
12. Medical Examination of the Victim of Rape (Section 164A):
o Mandatory Examination: The victim of rape must be examined by a registered medical
practitioner within 24 hours of the incident being reported.
13. Search by Police Officer (Section 165):
o Conducting Searches: The officer can conduct searches if they believe that anything
necessary for the investigation is in a place within their jurisdiction.
14. When Officer in Charge of Police Station May Require Another to Issue Search-Warrant
(Section 166):
o Requesting Search Warrants: The officer can request another officer to issue a search
warrant if the place to be searched is outside their jurisdiction.
 Page 19 of 71

15. Letter of Request to Competent Authority for Investigation in a Country or Place Outside
India (Section 166A):
o International Cooperation: The officer can send a letter of request to a competent authority
in another country for assistance in the investigation.
16. Letter of Request from a Country or Place Outside India to a Court or an Authority for
Investigation in India (Section 166B):
o Assisting Foreign Investigations: The officer can act on a letter of request from a foreign
country to assist in an investigation within India.
17. Procedure When Investigation Cannot Be Completed in Twenty-Four Hours (Section 167):
o Detention Beyond 24 Hours: If the investigation cannot be completed within 24 hours, the
officer must produce the accused before a Magistrate and seek further detention.
18. Report of Investigation by Subordinate Police Officer (Section 168):
o Subordinate Officer’s Report: A subordinate officer must report the progress of the
investigation to the officer in charge.
19. Release of Accused When Evidence Deficient (Section 169):
o Insufficient Evidence: If there is insufficient evidence, the officer must release the accused
on executing a bond to appear before a Magistrate if required.
20. Cases to Be Sent to Magistrate When Evidence is Sufficient (Section 170):
o Forwarding Cases: If there is sufficient evidence, the officer must forward the accused to the
Magistrate along with relevant documents.
21. Complainant and Witnesses Not to Be Required to Accompany Police Officer and Not to Be
Subjected to Restraint (Section 171):
o Protection of Witnesses: Witnesses and complainants cannot be compelled to accompany
the police officer or be subjected to restraint.
22. Diary of Proceedings in Investigation (Section 172):
o Maintaining a Diary: The officer must maintain a diary of the investigation, recording the
day-to-day proceedings.
23. Report of Police Officer on Completion of Investigation (Section 173):
o Final Report: Upon completion of the investigation, the officer must submit a report to the
Magistrate, detailing the findings and the evidence collected.
24. Police to Enquire and Report on Suicide, etc. (Section 174):
o Inquest Proceedings: The officer must conduct an inquest in cases of suicide, accidental
death, or death under suspicious circumstances.
25. Power to Summon Persons (Section 175):
o Summoning Witnesses: The officer can summon any person to appear and provide
information relevant to the investigation.
26. Inquiry by Magistrate into Cause of Death (Section 176):
o Magisterial Inquiry: The Magistrate must conduct an inquiry into the cause of death in cases
of custodial death, death in police firing, or death in suspicious circumstances.
Example: Consider a scenario where a person reports a theft to the police. The officer in charge of the police
station records the information in writing, reads it back to the informant, and provides a copy of the FIR. The
officer then proceeds to the scene of the crime to investigate, examining witnesses and collecting evidence. If
the investigation reveals sufficient evidence, the officer forwards the case to the Magistrate along with the
accused and relevant documents.

Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 177-189)

Explain the jurisdiction of criminal courts in inquiries and trials.
The jurisdiction of criminal courts in India is governed by Sections 177 to 189 of the Code of Criminal Procedure,
1973 (CrPC). These sections outline the principles and rules for determining the appropriate court to conduct
inquiries and trials for various offences. Understanding these provisions is crucial for ensuring that legal
proceedings are conducted in the correct jurisdiction, thereby upholding the principles of justice and efficiency.
Key Provisions of Sections 177-189
1. Section 177: Ordinary Place of Inquiry and Trial
o Provision: Every offence shall ordinarily be inquired into and tried by a court within whose
local jurisdiction it was committed.
o Local Jurisdiction: Defined in Section 2(j) of the CrPC, it refers to the geographical area
within which a court or Magistrate can exercise its powers.
o Example: If a theft occurs in Mumbai, the trial should ordinarily be conducted in a court in
Mumbai.
2. Section 178: Place of Inquiry or Trial
o Provision: This section addresses situations where the location of the offence is uncertain or
spans multiple areas. The offence may be inquired into or tried by a court having jurisdiction
over any of such local areas.
o Scenarios Covered:
 When it is uncertain in which of several local areas an offence was committed.
 Where an offence is committed partly in one local area and partly in another.
 Where an offence is a continuing one and continues to be committed in more local
areas than one.
 Where it consists of several acts done in different local areas.
 Page 20 of 71

o Example: If a fraud is committed through a series of transactions across multiple cities, any
court in those cities can conduct the trial.
3. Section 179: Offence Triable Where Act is Done or Consequence Ensues
o Provision: When an act is an offence by reason of anything done and of a consequence which
has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction
such thing has been done or such consequence has ensued.
o Example: If a defamatory statement is made in one city and the harm is felt in another, the
trial can be conducted in either city.
4. Section 180: Place of Trial Where Act is an Offence by Reason of Relation to Other Offence
o Provision: When an act is an offence by reason of its relation to any other act which is also
an offence, the first-mentioned offence may be inquired into or tried by a court within whose
local jurisdiction either act was done.
o Example: If a person commits forgery in one city and uses the forged document in another,
the trial can be conducted in either city.
5. Section 181: Place of Trial in Case of Certain Offences
o Provision: This section specifies the place of trial for certain offences, such as:
1. Offences of theft, extortion, robbery, and dacoity.
2. Offences committed by letters or telecommunication messages.
3. Offences committed during a journey or voyage.
o Example: If a theft occurs on a train journey, the trial can be conducted in any court through
whose jurisdiction the train passed.
6. Section 182: Offences Committed by Letters, etc.
o Provision: If an offence of cheating is committed by means of letters or telecommunication
messages, it can be inquired into or tried by a court within whose local jurisdiction such letters
or messages were sent or received.
o Example: If a person is cheated through a fraudulent email, the trial can be conducted in the
jurisdiction where the email was received.
7. Section 183: Offence Committed on Journey or Voyage
o Provision: When an offence is committed by or against a person or thing in the course of a
journey or voyage, the court through whose local jurisdiction the person or thing passed during
such journey can conduct the inquiry or trial.
o Example: If a crime occurs on a ship traveling from Mumbai to Goa, the trial can be conducted
in either Mumbai or Goa.
8. Section 184: Place of Trial for Offences Triable Together
o Provision: When offences are triable together, they may be inquired into or tried by any court
competent to inquire into or try any of the offences.
o Example: If multiple related offences are committed by the same person, they can be tried
together in one court.
9. Section 185: Power to Order Cases to be Tried in Different Sessions Divisions
o Provision: The State Government can direct specific cases or classes of cases to be inquired
into or tried in different sessions divisions within a district, subject to prior instructions from
the High Court or Supreme Court.
o Example: For administrative efficiency, a high-profile case may be transferred to a different
sessions division.
10. Section 186: High Court to Decide in Case of Doubt
o Provision: When there is doubt about which of several courts should inquire into or try an
offence, the High Court can decide the matter.
o Example: If two courts claim jurisdiction over the same case, the High Court will resolve the
jurisdictional dispute.
11. Section 187: Power to Issue Summons or Warrant for Offence Committed Beyond Local
Jurisdiction
o Provision: A First-Class Magistrate can inquire into offences committed outside their
jurisdiction, subject to certain conditions.
o Example: A Magistrate in Delhi can issue a summons for an offence committed in Mumbai if
the conditions are met.
12. Section 188: Offences Committed Outside India
o Provision: Offences committed by Indian citizens on high seas or abroad can be inquired into
or tried in India, with prior approval from the Central Government.
o Example: An Indian citizen committing a crime on a foreign ship can be tried in India with
Central Government approval.
13. Section 189: Receipt of Evidence Relating to Offences Committed Outside India
o Provision: The Central Government can direct that evidence from foreign jurisdictions be
delivered to the court conducting the inquiry or trial in India.
o Example: Evidence collected in a foreign country can be used in an Indian court if directed by
the Central Government.
Example: Consider a scenario where a person commits a cybercrime by hacking into a bank's system in Mumbai
and transferring funds to an account in Delhi. Under Section 178, the offence can be tried in either Mumbai or
Delhi, as the crime spans multiple jurisdictions. If there is a dispute over which court should try the case, the
High Court can resolve the jurisdictional issue under Section 186.
 Page 21 of 71

Cognizance of Offences and Commencement of Judicial Proceedings (Sections 190-210)

Discuss the process of taking cognizance of offences by magistrates.
Process of Taking Cognizance of Offences by Magistrates (Sections 190-210)
The Code of Criminal Procedure, 1973 (CrPC) outlines the process by which magistrates take cognizance of
offences. This process is crucial as it marks the formal commencement of judicial proceedings in criminal cases.
The relevant sections (190-210) detail the procedures and conditions under which magistrates can take
cognizance of offences, ensuring that the legal process is initiated correctly and fairly.
Section 190: Cognizance of Offences by Magistrates
Provision:
 Section 190(1): Subject to the provisions of this 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:
o Section 190(1)(a): Upon receiving a complaint of facts which constitute such offence.
o Section 190(1)(b): Upon a police report of such facts.
o Section 190(1)(c): Upon information received from any person other than a police officer,
or upon his own knowledge, that such offence has been committed.
Explanation:
 Complaint: A complaint is an 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.
 Police Report: A police report is a report forwarded by a police officer to a Magistrate under Section
173(2) of the CrPC after completing an investigation.
 Information from Any Person: This allows a Magistrate to take cognizance based on credible
information received from any person other than a police officer or based on the Magistrate's own
knowledge.
Section 191: Transfer on Application of the Accused
Provision:
 When a Magistrate takes cognizance of an offence under Section 190(1)(c), the accused may, before
any evidence is taken, apply to have the case transferred to another Magistrate. The Magistrate must
inform the accused of this right.
Section 192: Making Over of Cases to Magistrates
Provision:
 Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry
or trial to any competent Magistrate subordinate to him.
Section 193: Cognizance of Offences by Courts of Session
Provision:
 Except as otherwise expressly provided by this Code or by any other law for the time being in force, no
Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case
has been committed to it by a Magistrate under this Code.
Section 194: Additional and Assistant Sessions Judges to Try Cases Made Over to Them
Provision:
 An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of
the division may, by general or special order, make over to them for trial or as the High Court may, by
special order, direct them to try.
Section 195: Prosecution for Contempt of Lawful Authority of Public Servants, for Offences Against
Public Justice and for Offences Relating to Documents Given in Evidence
Provision:
 No court shall take cognizance of certain offences, including contempt of lawful authority of public
servants, offences against public justice, and offences relating to documents given in evidence, except
on the complaint in writing of the public servant concerned or of some other public servant to whom he
is administratively subordinate.
Section 196: Prosecution for Offences Against the State and for Criminal Conspiracy to Commit Such
Offence
Provision:
 No court shall take cognizance of any offence punishable under Chapter VI or under Section 153A,
Section 295A, or Section 505 of the Indian Penal Code, or a criminal conspiracy to commit such offence,
except with the previous sanction of the Central Government or of the State Government.
Section 197: Prosecution of Judges and Public Servants
Provision:
 When any person who is or was a Judge or Magistrate or a public servant not removable from his office
save by or with the sanction of the Government is accused of any offence alleged to have been
committed by him while acting or purporting to act in the discharge of his official duty, no court shall
take cognizance of such offence except with the previous sanction of the Central Government or the
State Government.
Section 198: Prosecution for Offences Against Marriage
Provision:
 No court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code
except upon a complaint made by some person aggrieved by the offence.
Section 199: Prosecution for Defamation
 Page 22 of 71

Provision:
 No court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code
except upon a complaint made by some person aggrieved by the offence.
Example: Consider a scenario where a person files a complaint with a Magistrate alleging that their neighbor
has committed theft. The Magistrate, upon receiving the complaint, examines the facts and decides to take
cognizance of the offence under Section 190(1)(a). The Magistrate then proceeds to summon the accused and
initiate the judicial process. If the accused believes that the Magistrate may be biased, they can apply for the
case to be transferred to another Magistrate under Section 191.

Explain the commencement of judicial proceedings under the CrPC.

Commencement of Judicial Proceedings Under the CrPC (Sections 190-210)
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedures for the commencement of judicial
proceedings in criminal cases. These sections detail how courts take cognizance of offences, the issuance of
process, and the initial steps in criminal trials. Understanding these provisions is crucial for ensuring that criminal
proceedings are initiated correctly and fairly.
Key Provisions of Sections 190-210
1. Section 190: Cognizance of Offences by Magistrates
o Provision: Any Magistrate of the first class, and any Magistrate of the second class specially
empowered, may take cognizance of any offence:
 Section 190(1)(a): Upon receiving a complaint of facts which constitute such
offence.
 Section 190(1)(b): Upon a police report of such facts.
 Section 190(1)(c): Upon information received from any person other than a police
officer, or upon his own knowledge, that such offence has been committed.
o Explanation: This section empowers Magistrates to take cognizance of offences based on
complaints, police reports, or other credible information.
2. Section 191: Transfer on Application of the Accused
o Provision: When a Magistrate takes cognizance of an offence under Section 190(1)(c), the
accused may, before any evidence is taken, apply to have the case transferred to another
Magistrate. The Magistrate must inform the accused of this right.
3. Section 192: Making Over of Cases to Magistrates
o Provision: Any Chief Judicial Magistrate may, after taking cognizance of an offence, make
over the case for inquiry or trial to any competent Magistrate subordinate to him.
4. Section 193: Cognizance of Offences by Courts of Session
o Provision: Except as otherwise expressly provided by this Code or by any other law for the
time being in force, no Court of Session shall take cognizance of any offence as a court of
original jurisdiction unless the case has been committed to it by a Magistrate under this Code.
5. Section 194: Additional and Assistant Sessions Judges to Try Cases Made Over to Them
o Provision: An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as
the Sessions Judge of the division may, by general or special order, make over to them for trial
or as the High Court may, by special order, direct them to try.
6. Section 195: Prosecution for Contempt of Lawful Authority of Public Servants, for Offences
Against Public Justice and for Offences Relating to Documents Given in Evidence
o Provision: No court shall take cognizance of certain offences, including contempt of lawful
authority of public servants, offences against public justice, and offences relating to documents
given in evidence, except on the complaint in writing of the public servant concerned or of
some other public servant to whom he is administratively subordinate.
7. Section 196: Prosecution for Offences Against the State and for Criminal Conspiracy to
Commit Such Offence
o Provision: No court shall take cognizance of any offence punishable under Chapter VI or under
Section 153A, Section 295A, or Section 505 of the Indian Penal Code, or a criminal conspiracy
to commit such offence, except with the previous sanction of the Central Government or of the
State Government.
8. Section 197: Prosecution of Judges and Public Servants
o Provision: When any person who is or was a Judge or Magistrate or a public servant not
removable from his office save by or with the sanction of the Government is accused of any
offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty, no court shall take cognizance of such offence except with the
previous sanction of the Central Government or the State Government.
9. Section 198: Prosecution for Offences Against Marriage
o Provision: No court shall take cognizance of an offence punishable under Chapter XX of the
Indian Penal Code except upon a complaint made by some person aggrieved by the offence.
10. Section 199: Prosecution for Defamation
o Provision: No court shall take cognizance of an offence punishable under Chapter XXI of the
Indian Penal Code except upon a complaint made by some person aggrieved by the offence.
11. Section 200: Examination of Complainant
o Provision: A Magistrate taking cognizance of an offence on complaint shall examine upon oath
the complainant and the witnesses present, if any. The substance of such examination shall be
reduced to writing and shall be signed by the complainant and the witnesses, and also by the
Magistrate.
 Page 23 of 71

12. Section 201: Procedure by Magistrate Not Competent to Take Cognizance of the Case
o Provision: If the complaint is made to a Magistrate who is not competent to take cognizance
of the offence, he shall, if the complaint is in writing, return it for presentation to the proper
court with an endorsement to that effect; if the complaint is not in writing, direct the
complainant to the proper court.
13. Section 202: Postponement of Issue of Process
o Provision: Any Magistrate, on receipt of a complaint of an offence of which he is authorized
to take cognizance, may, if he thinks fit, postpone the issue of process against the accused
and either inquire into the case himself or direct an investigation to be made by a police officer
or by such other person as he thinks fit, for the purpose of deciding whether or not there is
sufficient ground for proceeding.
14. Section 203: Dismissal of Complaint
o Provision: If, after considering the statements on oath (if any) of the complainant and of the
witnesses and the result of the inquiry or investigation (if any) under Section 202, the
Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the
complaint, and in every such case he shall briefly record his reasons for so doing.
15. Section 204: Issue of Process
o Provision: If in the opinion of a Magistrate taking cognizance of an offence there is sufficient
ground for proceeding, and the case appears to be one in which, according to the fourth column
of the Second Schedule, a summons should issue in the first instance, he shall issue his
summons for the attendance of the accused. In a warrant case, he may issue a warrant, or, if
he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time
before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having
jurisdiction.
16. Section 205: Magistrate May Dispense with Personal Attendance of Accused
o Provision: Whenever a Magistrate issues a summons, he may, if he sees reason to do so,
dispense with the personal attendance of the accused and permit him to appear by his pleader.
17. Section 206: Special Summons in Cases of Petty Offence
o Provision: If, in the opinion of a Magistrate taking cognizance of an offence, the case is a
petty offence, he may, if he thinks fit, issue a special summons to the accused requiring him
to appear by pleader or in person, and also to state whether he pleads guilty to the charge
without appearing before the Magistrate.
18. Section 207: Supply to the Accused of Copy of Police Report and Other Documents
o Provision: In any case where the proceeding has been instituted on a police report, the
Magistrate shall without delay furnish to the accused, free of cost, a copy of the police report,
the first information report recorded under Section 154, and all other documents or relevant
extracts thereof on which the prosecution proposes to rely, including the statements and
confessions, if any, recorded under Section 161 or Section 164 and the statements recorded
under sub-section (3) of Section 173.
19. Section 208: Supply of Copies of Statements and Documents to Accused in Other Cases
Triable by Court of Session
o Provision: Where, in a case instituted otherwise than on a police report, it appears to the
Magistrate that the offence is triable exclusively by the Court of Session, he shall without delay
furnish to the accused, free of cost, a copy of the statements and documents referred to in
Section 207.
20. Section 209: Commitment of Case to Court of Session When Offence is Triable Exclusively by
It
o Provision: When in a case instituted on a police report or otherwise, the accused appears or
is brought before the Magistrate and it appears to the Magistrate that the offence is triable
exclusively by the Court of Session, he shall commit the case to the Court of Session, and
subject to the provisions of this Code relating to bail, remand the accused to custody until such
commitment has been made.
21. Section 210: Procedure to Be Followed When There is a Complaint Case and Police
Investigation in Respect of the Same Offence
o Provision: When in a case instituted otherwise than on a police report (hereinafter referred
to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry
or trial held by him, that an investigation by the police is in progress in relation to the same
offence, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report
on the matter from the police officer conducting the investigation.
Example: Consider a scenario where a person files a complaint with a Magistrate alleging that their neighbor
has committed theft. The Magistrate, upon receiving the complaint, examines the facts and decides to take
cognizance of the offence under Section 190(1)(a). The Magistrate then proceeds to summon the accused and
initiate the judicial process. If the accused believes that the Magistrate may be biased, they can apply for the
case to be transferred to another Magistrate under Section 191.

Module 2: Charges and Trials

Charge (Sections 211-224)
What are the essential elements of a charge under the CrPC?
Essential Elements of a Charge Under the CrPC (Sections 211-224)
The Code of Criminal Procedure, 1973 (CrPC) outlines the essential elements and procedures related to the
framing of charges in criminal trials. A charge is a formal accusation made against a person, specifying the
 Page 24 of 71

offence they are alleged to have committed. The relevant sections (211-224) detail the requirements and
procedures for framing charges, ensuring that the accused is adequately informed of the allegations against
them.
Key Provisions of Sections 211-224
1. Section 211: Contents of Charge
o Provision: Every charge must state the offence with which the accused is charged. If the law
that creates the offence gives it any specific name, the offence may be described in the charge
by that name only. If the law does not give it any specific name, the definition of the offence
must be stated so as to give the accused notice of the matter with which they are charged.
o Details Required:
 The charge must contain such particulars as to the time and place of the alleged
offence and the person (if any) against whom, or the thing (if any) in respect of which,
it was committed, as are reasonably sufficient to give the accused notice of the matter
with which they are charged.
 When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other property, it is sufficient to specify the gross sum
or describe the property generally.
2. Section 212: Particulars as to Time, Place, and Person
o Provision: The charge must contain particulars as to the time and place of the alleged offence
and the person (if any) against whom, or the thing (if any) in respect of which, it was
committed.
o Example: If a person is charged with theft, the charge must specify the date, time, and place
of the theft, and the person or property involved.
3. Section 213: When Manner of Committing Offence Must Be Stated
o Provision: When the nature of the case is such that the particulars mentioned in Sections 211
and 212 do not give the accused sufficient notice of the matter with which they are charged,
the charge must also contain such particulars of the manner in which the alleged offence was
committed as will be sufficient for that purpose.
o Example: In a case of fraud, the charge must detail how the fraud was committed, including
the specific actions taken by the accused.
4. Section 214: Words in Charge Taken in Sense of Law Under Which Offence is Punishable
o Provision: In every charge, words used in describing an offence must be deemed to have
been used in the sense attached to them respectively by the law under which such offence is
punishable.
5. Section 215: Effect of Errors
o Provision: No error in stating either the offence or the particulars required to be stated in the
charge, and no omission to state the offence or those particulars, shall be regarded at any
stage of the case as material unless the accused was in fact misled by such error or omission,
and it has occasioned a failure of justice.
6. Section 216: Court May Alter Charge
o Provision: Any court may alter or add to any charge at any time before judgment is
pronounced. Every such alteration or addition must be read and explained to the accused.
o Example: If new evidence emerges during the trial, the court can amend the charge to include
additional offences.
7. Section 217: Recall of Witnesses When Charge Altered
o Provision: Whenever a charge is altered or added to by the court after the commencement of
the trial, the prosecutor and the accused must be allowed to recall or re-summon, and examine
with reference to such alteration or addition, any witness who may have been examined.
8. Section 218: Separate Charges for Distinct Offences
o Provision: For every distinct offence of which any person is accused, there must be a separate
charge, and every such charge must be tried separately, except in cases provided for in
Sections 219, 220, 221, and 223.
o Example: If a person is accused of theft and assault, there must be separate charges for each
offence.
9. Section 219: Three Offences of Same Kind Within Year May Be Charged Together
o Provision: When a person is accused of more offences than one of the same kind committed
within the space of twelve months, whether in respect of the same person or not, they may be
charged with and tried at one trial for any number of them not exceeding three.
o Example: If a person commits three thefts within a year, they can be charged and tried for all
three offences in one trial.
10. Section 220: Trial for More Than One Offence
o Provision: If, in one series of acts so connected together as to form the same transaction,
more offences than one are committed by the same person, they may be charged with and
tried at one trial for every such offence.
o Example: If a person commits burglary and, in the course of the same transaction, commits
assault, they can be charged and tried for both offences together.
11. Section 221: Where it is Doubtful What Offence Has Been Committed
o Provision: If a single act or series of acts is of such a nature that it is doubtful which of several
offences the facts which can be proved will constitute, the accused may be charged with having
committed all or any of such offences, and any number of such charges may be tried at once,
or he may be charged in the alternative with having committed some one of the said offences.
 Page 25 of 71

o Example: If it is unclear whether an act constitutes theft or criminal breach of trust, the
accused can be charged with both offences.
12. Section 222: When Offence Proved Included in Offence Charged
o Provision: When a person is charged with an offence consisting of several particulars, a
combination of some only of which constitutes a complete minor offence, and such combination
is proved, but the remaining particulars are not proved, he may be convicted of the minor
offence, though he was not charged with it.
o Example: If a person is charged with robbery (which includes theft and assault) but only theft
is proved, they can be convicted of theft.
13. Section 223: What Persons May Be Charged Jointly
o Provision: The following persons may be charged and tried together, namely:
 Persons accused of the same offence committed in the course of the same transaction.
 Persons accused of an offence and persons accused of abetment of, or attempt to
commit, such offence.
 Persons accused of more offences than one of the same kind, within the meaning of
Section 219, committed by them jointly within the period of twelve months.
 Persons accused of different offences committed in the course of the same transaction.
 Persons accused of an offence which includes theft, extortion, cheating, or criminal
misappropriation, and persons accused of receiving or retaining, or assisting in the
disposal or concealment of, property possession of which is alleged to have been
transferred by any such offence committed by the first-named persons, or of abetment
of or attempting to commit any such last-named offence.
 Persons accused of offences under Sections 411 and 414 of the Indian Penal Code (45
of 1860) or either of those sections in respect of stolen property the possession of
which has been transferred by one offence.
 Persons accused of any offence under Chapter XII of the Indian Penal Code (45 of
1860) relating to counterfeit coin, and persons accused of any other offence under
the said Chapter relating to the same coin, or of abetment of or attempting to commit
any such offence.
14. Section 224: Withdrawal of Remaining Charges on Conviction on One of Several Charges
o Provision: When a charge containing more heads than one is framed against the same person,
and when a conviction has been had on one or more of them, the complainant, or the officer
conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge
or charges.
Example: Consider a scenario where a person is accused of committing theft and assault during a single incident.
The charge sheet must specify the date, time, and place of the incident, and the details of the theft and assault.
If the court finds sufficient evidence for theft but not for assault, the person can be convicted of theft alone. If
new evidence emerges during the trial, the court can amend the charges to include additional offences.

Discuss the procedure for the alteration of charges.

Procedure for the Alteration of Charges Under the CrPC (Section 216)
The Code of Criminal Procedure, 1973 (CrPC) provides a detailed procedure for the alteration or addition of
charges during a trial. This ensures that the accused is fully aware of the charges against them and can prepare
an adequate defense. The relevant section for the alteration of charges is Section 216.
Section 216: Court May Alter Charge
Provision:
 Section 216(1): Any court may alter or add to any charge at any time before judgment is pronounced.
 Section 216(2): Every such alteration or addition shall be read and explained to the accused.
 Section 216(3): If the alteration or addition to a charge is such that proceeding immediately with the
trial is likely, in the opinion of the court, to prejudice the accused or the prosecutor, the court may
either direct a new trial or adjourn the trial for such period as may be necessary.
 Section 216(4): If the altered or added charge is such that proceeding immediately with the trial is
not likely to prejudice the accused or the prosecutor, the court may proceed with the trial as if the new
or altered charge had been the original charge.
 Section 216(5): Whenever a charge is altered or added to by the court after the commencement of
the trial, the prosecutor and the accused shall be allowed to recall or re-summon, and examine with
reference to such alteration or addition, any witness who may have been examined.
Detailed Procedure for Alteration of Charges
1. Authority to Alter Charges:
o The court has the authority to alter or add to any charge at any stage of the trial before the
judgment is pronounced. This ensures that the trial can adapt to new evidence or legal
considerations that may arise during the proceedings.
2. Communication to the Accused:
o Any alteration or addition to the charge must be read and explained to the accused. This is
crucial to ensure that the accused fully understands the nature of the charges against them
and can prepare their defense accordingly.
3. Consideration of Prejudice:
o The court must consider whether the alteration or addition of the charge is likely to prejudice
the accused or the prosecutor. If proceeding immediately with the trial would cause prejudice,
 Page 26 of 71

the court has the discretion to either direct a new trial or adjourn the trial for a necessary
period.
4. Proceeding with the Trial:
o If the court determines that the alteration or addition of the charge will not prejudice the
accused or the prosecutor, it may proceed with the trial as if the new or altered charge had
been the original charge.
5. Recall and Re-examination of Witnesses:
o When a charge is altered or added after the commencement of the trial, both the prosecutor
and the accused have the right to recall or re-summon any witness who has already been
examined. This allows for the examination of witnesses in light of the new or altered charge,
ensuring a fair trial.
Example: Consider a scenario where a person is on trial for theft, and during the trial, new evidence emerges
suggesting that the accused also committed forgery in connection with the theft. The court can alter the charge
to include forgery. The altered charge must be read and explained to the accused. If the court believes that the
immediate continuation of the trial would prejudice the accused, it may adjourn the trial to allow the accused
time to prepare a defense against the new charge. The accused and the prosecutor can also recall witnesses to
examine them in light of the new charge.
Trial before Various Courts
Explain the procedure for trial before the Court of Sessions (Sections 225-237).
Procedure for Trial Before the Court of Sessions (Sections 225-237)
The Code of Criminal Procedure, 1973 (CrPC) outlines the detailed procedure for trials before the Court of
Sessions. This procedure ensures that trials are conducted fairly, transparently, and in accordance with the law.
The relevant sections (225-237) cover various stages of the trial, from the opening of the case to the final
judgment.
Key Provisions of Sections 225-237
1. Section 225: Trial to be Conducted by Public Prosecutor
o Provision: In every trial before a Court of Session, the prosecution shall be conducted by a
Public Prosecutor.
o Explanation: This ensures that the prosecution is handled by a qualified legal professional,
ensuring fairness and adherence to legal standards.
2. Section 226: Opening Case for Prosecution
o Provision: When the accused appears or is brought before the Court in pursuance of a
commitment of the case under Section 209, the prosecutor shall open his case by describing
the charge brought against the accused and stating by what evidence he proposes to prove
the guilt of the accused.
o Explanation: This provides a clear outline of the prosecution's case, allowing the accused to
understand the charges and prepare a defense.
3. Section 227: Discharge
o Provision: If, upon consideration of the record of the case and the documents submitted
therewith, and after hearing the submissions of the accused and the prosecution in this behalf,
the Judge considers that there is not sufficient ground for proceeding against the accused, he
shall discharge the accused and record his reasons for so doing.
o Explanation: This ensures that only cases with sufficient evidence proceed to trial, preventing
unnecessary harassment of the accused.
4. Section 228: Framing of Charge
o Provision: If, after such consideration and hearing as aforesaid, the Judge is of opinion that
there is ground for presuming that the accused has committed an offence which—
 (a) is not exclusively triable by the Court of Session, he may frame a charge against
the accused and transfer the case for trial to the Chief Judicial Magistrate, and
thereupon the Chief Judicial Magistrate shall try the offence in accordance with the
procedure for the trial of warrant-cases instituted on a police report;
 (b) is exclusively triable by the Court, he shall frame in writing a charge against the
accused.
o Explanation: This formalizes the charges against the accused, ensuring clarity and specificity.
5. Section 229: Conviction on Plea of Guilty
o Provision: If the accused pleads guilty, the Judge shall record the plea and may, in his
discretion, convict him thereon.
o Explanation: This allows for a swift resolution if the accused admits guilt, saving time and
resources.
6. Section 230: Date for Prosecution Evidence
o Provision: If the accused refuses to plead, or does not plead, or claims to be tried or is not
convicted under Section 229, the Judge shall fix a date for the examination of witnesses.
o Explanation: This sets the stage for the prosecution to present its evidence.
7. Section 231: Evidence for Prosecution
o Provision: On the date so fixed, the Judge shall proceed to take all such evidence as may be
produced in support of the prosecution. The Judge may, in his discretion, permit the cross-
examination of any witness to be deferred until any other witness or witnesses have been
examined or recall any witness for further cross-examination.
o Explanation: This ensures that all relevant evidence is presented and examined thoroughly.
8. Section 232: Acquittal
 Page 27 of 71

o Provision: If, after taking the evidence for the prosecution, examining the accused and
hearing the prosecution and the defense on the point, the Judge considers that there is no
evidence that the accused committed the offence, the Judge shall record an order of acquittal.
o Explanation: This provides a mechanism for acquittal if the prosecution fails to present
sufficient evidence.
9. Section 233: Entering Upon Defence
o Provision: Where the accused is not acquitted under Section 232, he shall be called upon to
enter on his defense and produce his evidence.
o Explanation: This allows the accused to present his case and evidence in defense.
10. Section 234: Arguments
o Provision: When the examination of the witnesses (if any) for the defense is complete, the
prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply.
o Explanation: This stage allows both parties to present their final arguments, summarizing
their cases.
11. Section 235: Judgment of Acquittal or Conviction
o Provision: After hearing arguments and points of law (if any), the Judge shall give a judgment
in the case. If the accused is convicted, the Judge shall, unless he proceeds in accordance with
the provisions of Section 360, hear the accused on the question of sentence, and then pass
sentence on him according to law.
o Explanation: This section ensures that the judgment is delivered based on the evidence and
arguments presented, and the accused is given an opportunity to be heard on the question of
sentencing.
12. Section 236: Previous Conviction
o Provision: In a case where a previous conviction is charged under the provisions of sub-
section (7) of Section 211 and the accused does not admit that he has been previously
convicted as alleged in the charge, the Judge may, after he has convicted the accused, take
evidence in respect of the alleged previous conviction, and shall record a finding thereon.
o Explanation: This allows the court to consider previous convictions when determining the
sentence.
13. Section 237: Procedure in Cases Instituted Under Section 199(2)
o Provision: The provisions of this Chapter shall apply, as far as may be, to the trial of cases
instituted under Section 199(2).
o Explanation: This ensures that the same procedural safeguards and steps are followed in
cases instituted under Section 199(2).
Example: Consider a scenario where a person is accused of murder. The trial begins with the Public Prosecutor
opening the case and presenting the charges (Section 226). The Judge examines the evidence and, if there is
sufficient ground, frames the charge (Section 228). The accused pleads not guilty, and the trial proceeds with
the prosecution presenting its evidence (Section 231). After the prosecution's evidence is examined, if the Judge
finds no evidence of the accused's guilt, an acquittal is ordered (Section 232). If there is sufficient evidence, the
accused is called to present his defense (Section 233). Finally, after hearing the arguments from both sides, the
Judge delivers the judgment (Section 235).

Discuss the trial of warrant cases by magistrates (Sections 238-250).

Trial of Warrant Cases by Magistrates (Sections 238-250)
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedure for the trial of warrant cases by magistrates.
Warrant cases are those which relate to offences punishable with death, imprisonment for life, or imprisonment
for a term exceeding two years. The procedure for these trials is more elaborate compared to summons cases,
ensuring a thorough examination of evidence and adherence to due process.
Key Provisions of Sections 238-250
A. Cases Instituted on a Police Report
1. Section 238: Compliance with Section 207
o Provision: When, in any warrant case instituted on a police report, the accused appears or is
brought before the Magistrate at the commencement of the trial, the Magistrate shall satisfy
himself that he has complied with the provisions of Section 207, which requires the supply of
copies of the police report and other documents to the accused.
o Explanation: This ensures that the accused is fully informed of the charges and evidence
against them.
2. Section 239: When Accused Shall Be Discharged
o Provision: If, upon considering the police report and the documents sent with it under Section
173, and making such examination, if any, of the accused as the Magistrate thinks necessary,
and after giving the prosecution and the accused an opportunity of being heard, the Magistrate
considers the charge against the accused to be groundless, he shall discharge the accused and
record his reasons for so doing.
o Explanation: This provision ensures that the accused is not subjected to a trial without
sufficient grounds.
3. Section 240: Framing of Charge
o Provision: If, upon such consideration, examination, and hearing, the Magistrate is of opinion
that there is ground for presuming that the accused has committed an offence triable under
this Chapter, which such Magistrate is competent to try and which, in his opinion, could be
adequately punished by him, he shall frame in writing a charge against the accused.
 Page 28 of 71

o Explanation: The framing of the charge is a formal step that specifies the exact nature of the
offence the accused is alleged to have committed.
4. Section 241: Conviction on Plea of Guilty
o Provision: If the accused pleads guilty, the Magistrate shall record the plea and may, in his
discretion, convict him thereon.
o Explanation: This allows for a swift resolution if the accused admits guilt.
5. Section 242: Evidence for Prosecution
o Provision: If the accused refuses to plead, or does not plead, or claims to be tried, or is not
convicted under Section 241, the Magistrate shall fix a date for the examination of witnesses.
The Magistrate shall proceed to take all such evidence as may be produced in support of the
prosecution.
o Explanation: This stage involves the presentation of the prosecution's evidence.
6. Section 243: Evidence for Defence
o Provision: The accused shall then be called upon to enter upon his defence and produce his
evidence. The accused may also apply for the issuance of any process for compelling the
attendance of any witness or the production of any document or thing.
o Explanation: This allows the accused to present their case and evidence in defense.
B. Cases Instituted Otherwise Than on Police Report
1. Section 244: Evidence for Prosecution
o Provision: When, in any warrant case instituted otherwise than on a police report, the accused
appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution
and take all such evidence as may be produced in support of the prosecution.
o Explanation: This ensures that the prosecution's evidence is presented and examined.
2. Section 245: When Accused Shall Be Discharged
o Provision: If, upon taking all the evidence referred to in Section 244, the Magistrate considers,
for reasons to be recorded, that no case against the accused has been made out which, if
unrebutted, would warrant his conviction, the Magistrate shall discharge him.
o Explanation: This provision ensures that the accused is not subjected to a trial without
sufficient grounds.
3. Section 246: Procedure Where Accused is Not Discharged
o Provision: If, when such evidence has been taken, or at any previous stage of the case, the
Magistrate is of opinion that there is ground for presuming that the accused has committed an
offence triable under this Chapter, which such Magistrate is competent to try and which, in his
opinion, could be adequately punished by him, he shall frame in writing a charge against the
accused.
o Explanation: The framing of the charge is a formal step that specifies the exact nature of the
offence the accused is alleged to have committed.
4. Section 247: Evidence for Defence
o Provision: The accused shall then be called upon to enter upon his defence and produce his
evidence. The accused may also apply for the issuance of any process for compelling the
attendance of any witness or the production of any document or thing.
o Explanation: This allows the accused to present their case and evidence in defense.
C. Conclusion of Trial
1. Section 248: Acquittal or Conviction
o Provision: If, in any case under this Chapter in which a charge has been framed, the
Magistrate finds the accused not guilty, he shall record an order of acquittal. If the Magistrate
finds the accused guilty, but does not proceed in accordance with the provisions of Section 325
or Section 360, he shall, after hearing the accused on the question of sentence, pass sentence
upon him according to law.
o Explanation: This section ensures that the trial concludes with either an acquittal or a
conviction based on the evidence presented.
2. Section 249: Absence of Complainant
o Provision: When the proceedings have been instituted upon complaint, and on any day fixed
for the hearing of the case, the complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate may, in his discretion,
notwithstanding anything hereinbefore contained, at any time before the charge has been
framed, discharge the accused.
o Explanation: This allows for the discharge of the accused if the complainant is absent and the
offence is compoundable or non-cognizable.
3. Section 250: Compensation for Accusation Without Reasonable Cause
o Provision: If, in any case instituted upon complaint or otherwise, the Magistrate discharges
or acquits the accused, and is of opinion that there was no reasonable ground for making the
accusation against the accused, the Magistrate may, by his order of discharge or acquittal,
direct the complainant or informant to show cause why he should not pay compensation to the
accused.
o Explanation: This provision allows the court to award compensation to the accused if the
accusation was made without reasonable cause.
Example: Consider a scenario where a person is accused of theft, a warrant case. The trial begins with the
Magistrate ensuring compliance with Section 207 by providing the accused with copies of the police report and
other documents (Section 238). If the Magistrate finds the charge groundless, the accused is discharged (Section
239). If there is sufficient ground, the charge is framed (Section 240). The accused pleads not guilty, and the
 Page 29 of 71

trial proceeds with the prosecution presenting its evidence (Section 242). The accused then presents their
defense (Section 243). Finally, the Magistrate delivers a judgment of acquittal or conviction based on the
evidence (Section 248).

Explain the trial of summons cases by magistrates (Sections 251-259).

Trial of Summons Cases by Magistrates (Sections 251-259)
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedure for the trial of summons cases by
magistrates. Summons cases are those relating to offences that are not punishable with death, imprisonment
for life, or imprisonment for a term exceeding two years. The procedure for these trials is simpler and quicker
compared to warrant cases, ensuring swift justice for less severe offences.
Key Provisions of Sections 251-259
1. Section 251: Substance of Accusation to be Stated
o Provision: When the accused appears or is brought before the Magistrate, the particulars of
the offence of which he is accused shall be stated to him, and he shall be asked whether he
pleads guilty or has any defence to make, but it shall not be necessary to frame a formal
charge.
o Explanation: This ensures that the accused is fully aware of the allegations against them and
can respond accordingly.
2. Section 252: Conviction on Plea of Guilty
o Provision: If the accused pleads guilty, the Magistrate shall record the plea as nearly as
possible in the words used by the accused and may, in his discretion, convict him thereon.
o Explanation: This allows for a swift resolution if the accused admits guilt, saving time and
resources.
3. Section 253: Conviction on Plea of Guilty in Absence of Accused in Petty Cases
o Provision: In petty cases where the accused is represented by a pleader and the Magistrate
permits, the accused can plead guilty through the pleader. The Magistrate may convict the
accused based on this plea.
o Explanation: This provision facilitates the resolution of minor offences without requiring the
physical presence of the accused.
4. Section 254: Procedure When Not Convicted
o Provision: If the Magistrate does not convict the accused under Section 252 or Section 253,
he shall proceed to hear the prosecution and take all such evidence as may be produced in
support of the prosecution. The Magistrate shall then hear the accused and take all such
evidence as he produces in his defence.
o Explanation: This ensures that both the prosecution and the defence have the opportunity to
present their cases fully.
5. Section 255: Acquittal or Conviction
o Provision: If the Magistrate, upon taking the evidence referred to in Section 254 and
examining the accused, finds the accused not guilty, he shall record an order of acquittal. If
the Magistrate finds the accused guilty, he shall pass a sentence according to law.
o Explanation: This section ensures that the trial concludes with either an acquittal or a
conviction based on the evidence presented.
6. Section 256: Non-Appearance or Death of Complainant
o Provision: If the complainant does not appear on the day appointed for the appearance of the
accused, the Magistrate shall acquit the accused unless for some reason he thinks it proper to
adjourn the hearing of the case to some other day. If the complainant dies, the Magistrate may
permit the prosecution to continue by any other person.
o Explanation: This provision allows for the dismissal of the case if the complainant is absent,
ensuring that the accused is not unduly harassed.
7. Section 257: Withdrawal of Complaint
o Provision: If a complainant, at any time before a final order is passed in any case under this
Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to
withdraw his complaint against the accused, or if there be more than one accused against all
or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon
acquit the accused against whom the complaint is so withdrawn.
o Explanation: This allows the complainant to withdraw the complaint, leading to the acquittal
of the accused.
8. Section 258: Power to Stop Proceedings in Certain Cases
o Provision: In any summons case instituted otherwise than upon complaint, a Magistrate of
the first class, or with the previous sanction of the Chief Judicial Magistrate, any other Judicial
Magistrate, may stop the proceedings at any stage without pronouncing any judgment. If the
stoppage of proceedings is made after the evidence of the principal witnesses has been
recorded, the Magistrate shall pronounce a judgment of acquittal, and in any other case, he
shall release the accused, and such release shall have the effect of discharge.
o Explanation: This provision allows the Magistrate to stop proceedings if it is deemed
appropriate, ensuring judicial efficiency.
9. Section 259: Power of Court to Convert Summons Cases into Warrant Cases
o Provision: When in the course of the trial of a summons case relating to an offence punishable
with imprisonment for a term exceeding six months, it appears to the Magistrate that the case
is one which ought to be tried according to the procedure for the trial of warrant cases, he may
 Page 30 of 71

proceed to re-hear the case as a warrant case and may recall any witness who may have been
examined.
o Explanation: This allows the Magistrate to convert a summons case into a warrant case if the
severity of the offence warrants such a change.
Example: Consider a scenario where a person is accused of a minor offence, such as public nuisance. The trial
begins with the Magistrate stating the particulars of the offence to the accused (Section 251). If the accused
pleads guilty, the Magistrate records the plea and may convict the accused (Section 252). If the accused pleads
not guilty, the trial proceeds with the prosecution presenting its evidence (Section 254). The accused then
presents their defence. Based on the evidence, the Magistrate either acquits or convicts the accused (Section
255).

What is a summary trial and its procedure (Sections 260-265)?

The Code of Criminal Procedure, 1973 (CrPC) provides for summary trials to ensure the swift and efficient disposal
of cases involving minor offences. Summary trials are characterized by simplified procedures and are conducted
by Magistrates with the authority to try such cases. The relevant sections (260-265) outline the provisions and
procedures for summary trials.
Key Provisions of Sections 260-265
1. Section 260: Power to Try Summarily
o Provision: Certain Magistrates are empowered to conduct summary trials. These include:
 Any Chief Judicial Magistrate.
 Any Metropolitan Magistrate.
 Any Magistrate of the first class specially empowered by the High Court.
o Offences Triable Summarily:
 Offences not punishable with death, imprisonment for life, or imprisonment for a term
exceeding two years.
 Theft under Section 379, 380, or 381 of the Indian Penal Code (IPC), where the value
of the stolen property does not exceed ₹2,000.
 Receiving or retaining stolen property under Section 411 of the IPC, where the value
of the property does not exceed ₹2,000.
 Assisting in the concealment or disposal of stolen property under Section 414 of the
IPC, where the value of the property does not exceed ₹2,000.
 Offences under Sections 454 and 456 of the IPC.
 Insult with intent to provoke a breach of the peace under Section 504 of the IPC.
 Criminal intimidation under Section 506 of the IPC.
 Abetment of any of the above offences.
o Explanation: This section empowers specific Magistrates to conduct summary trials for minor
offences, ensuring quick resolution.
2. Section 261: Summary Trial by Magistrate of the Second Class
o Provision: The High Court may confer on any Magistrate of the second class the power to try
summarily any offence which is punishable only with fine or with imprisonment for a term not
exceeding six months with or without fine, and any abetment of or attempt to commit any such
offence.
o Explanation: This provision extends the power to conduct summary trials to Magistrates of
the second class for minor offences.
3. Section 262: Procedure for Summary Trials
o Provision: The procedure specified for the trial of summons cases shall be followed in
summary trials, subject to the following modifications:
 The sentence in a summary trial shall not exceed three months.
o Explanation: This ensures that summary trials follow a simplified procedure similar to
summons cases, with a limitation on the maximum sentence.
4. Section 263: Record in Summary Trials
o Provision: In every case tried summarily, the Magistrate shall enter, in such form as the State
Government may direct, the following particulars:
 The serial number of the case.
 The date of the commission of the offence.
 The date of the report or complaint.
 The name of the complainant (if any).
 The name, parentage, and residence of the accused.
 The offence complained of and the offence (if any) proved, and in cases coming under
clause (ii), clause (iii), or clause (iv) of sub-section (1) of Section 260, the value of
the property in respect of which the offence has been committed.
 The plea of the accused and his examination (if any).
 The finding and, in the case of a conviction, a brief statement of the reasons therefor.
 The sentence or other final order.
 The date on which proceedings terminated.
o Explanation: This section mandates the recording of essential details in summary trials to
ensure transparency and accountability.
5. Section 264: Judgment in Cases Tried Summarily
 Page 31 of 71

o Provision: In every case tried summarily, the Magistrate shall record the substance of the
evidence and a judgment containing a brief statement of the reasons for the finding.
o Explanation: This ensures that even in summary trials, the judgment is well-documented and
reasoned.
6. Section 265: Language of Record and Judgment
o Provision: Every such record and judgment shall be written in the language of the court.
o Explanation: This provision ensures that the records and judgments are accessible and
understandable to all parties involved.
Example: Consider a scenario where a person is accused of committing theft of property valued at ₹1,500. The
case is brought before a Chief Judicial Magistrate who is empowered to conduct summary trials. The Magistrate
follows the procedure for summons cases, records the necessary details as per Section 263, and conducts the
trial. If the accused pleads guilty, the Magistrate may convict the accused and impose a sentence not exceeding
three months. The judgment is recorded in the language of the court, ensuring transparency and accessibility.

Module 3: Evidence, Judgement, and Appeals

Mode of Taking Evidence and General Provisions as to Inquiries and Trials (Sections 266-352)
Discuss the mode of taking evidence in criminal trials.
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedures for taking evidence in criminal trials to
ensure that the process is fair, transparent, and adheres to the principles of natural justice. The relevant sections
(266-352) cover various aspects of evidence collection, examination, and presentation in court.
Key Provisions of Sections 266-352
1. Section 266: Special Judge May Take Evidence in Absence of Accused
o Provision: In certain cases, a Special Judge may take evidence in the absence of the accused
if the accused is absconding or cannot be found.
o Explanation: This provision ensures that the trial can proceed even if the accused is not
present, provided that the absence is justified.
2. Section 267: Power to Require Attendance of Prisoners
o Provision: The court may require the attendance of a person confined or detained in prison
for the purpose of giving evidence or for answering to a charge of an offence.
o Explanation: This ensures that prisoners can be brought to court to provide evidence or face
charges.
3. Section 268: Power to Exclude Certain Persons from Court
o Provision: The court may exclude any person from the court if it considers it necessary for
the safety of the witness or for any other reason.
o Explanation: This provision protects the safety and privacy of witnesses and other individuals
involved in the trial.
4. Section 269: Mode of Taking and Recording Evidence in Inquiries and Trials
o Provision: The evidence of each witness shall be taken down in writing in the language of the
court by the Magistrate or Sessions Judge, or under their direction and superintendence.
o Explanation: This ensures that the evidence is accurately recorded and can be referred to
during the trial.
5. Section 270: Record in Summons-Cases and Inquiries
o Provision: In summons-cases and inquiries, the Magistrate shall make a memorandum of the
substance of the evidence of each witness as the examination of the witness proceeds.
o Explanation: This simplifies the recording process in less severe cases, ensuring that the
essential points of the evidence are captured.
6. Section 271: Record in Warrant-Cases
o Provision: In warrant-cases, the Magistrate shall record the evidence of each witness in full,
either in writing or by dictation in open court.
o Explanation: This ensures a detailed and complete record of the evidence in more serious
cases.
7. Section 272: Language of Record of Evidence
o Provision: The record of evidence shall be in the language of the court.
o Explanation: This ensures that the evidence is recorded in a language that is understood by
the court and the parties involved.
8. Section 273: Evidence to Be Taken in Presence of Accused
o Provision: Except as otherwise expressly provided, all evidence taken in the course of the trial
or other proceeding shall be taken in the presence of the accused, or when his personal
attendance is dispensed with, in the presence of his pleader.
o Explanation: This ensures that the accused has the opportunity to hear the evidence against
them and to cross-examine the witnesses.
9. Section 274: Record in Summons-Cases and Inquiries
o Provision: In summons-cases and inquiries, the Magistrate shall make a memorandum of the
substance of the evidence of each witness as the examination of the witness proceeds.
o Explanation: This provision is similar to Section 270 and ensures that the essential points of
the evidence are captured in less severe cases.
10. Section 275: Record in Warrant-Cases
o Provision: In warrant-cases, the Magistrate shall record the evidence of each witness in full,
either in writing or by dictation in open court.
o Explanation: This provision is similar to Section 271 and ensures a detailed and complete
record of the evidence in more serious cases.
 Page 32 of 71

11. Section 276: Record in Trials Before Court of Session

o Provision: In trials before a Court of Session, the evidence of each witness shall be taken
down in writing in the language of the court by the Sessions Judge, or under his direction and
superintendence.
o Explanation: This ensures that the evidence is accurately recorded in serious cases tried
before a Sessions Court.
12. Section 277: Language of Record of Evidence
o Provision: The record of evidence shall be in the language of the court.
o Explanation: This provision is similar to Section 272 and ensures that the evidence is recorded
in a language that is understood by the court and the parties involved.
13. Section 278: Procedure in Regard to Such Evidence When Completed
o Provision: As the evidence of each witness taken under Section 275 or Section 276 is
completed, it shall be read over to the witness in the presence of the accused, if in attendance,
or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.
o Explanation: This ensures that the evidence is accurately recorded and verified by the
witness.
14. Section 279: Interpretation of Evidence to Accused or His Pleader
o Provision: Whenever any evidence is given in a language not understood by the accused, and
he is present in court in person, it shall be interpreted to him in open court in a language
understood by him.
o Explanation: This ensures that the accused fully understands the evidence presented against
them.
15. Section 280: Remarks Respecting Demeanor of Witness
o Provision: When a presiding Judge or Magistrate has recorded the evidence of a witness, he
shall also record such remarks (if any) as he thinks material respecting the demeanor of such
witness whilst under examination.
o Explanation: This allows the court to note the behavior and demeanor of witnesses, which
may be relevant to assessing their credibility.
16. Section 281: Record of Examination of Accused
o Provision: Whenever the accused is examined by any Magistrate or by any Court other than
a High Court, the whole of such examination, including every question put to him and every
answer given by him, shall be recorded in full.
o Explanation: This ensures that the examination of the accused is fully documented.
17. Section 282: Interpreter to Be Bound to Interpret Truthfully
o Provision: When the services of an interpreter are required by any Criminal Court for the
interpretation of any evidence or statement, he shall be bound to state the true interpretation
of such evidence or statement.
o Explanation: This ensures the accuracy and reliability of interpreted evidence.
18. Section 283: Record of Evidence in Absence of Accused
o Provision: If the accused is not present in court, the evidence of any witness may be recorded
in his absence, provided that the evidence is read over to the accused when he appears, and
he is given an opportunity to cross-examine the witness.
o Explanation: This ensures that the accused has the opportunity to hear and challenge the
evidence against them, even if they were not present when it was initially recorded.
19. Section 284: When Attendance of Witness May Be Dispensed With and Commission Issued
o Provision: Whenever, in the course of an inquiry, trial, or other proceeding under this Code,
it appears to a Court or Magistrate that the examination of a witness is necessary for the ends
of justice, and that the attendance of such witness cannot be procured without an amount of
delay, expense, or inconvenience which, under the circumstances of the case, would be
unreasonable, such Court or Magistrate may dispense with such attendance and may issue a
commission for the examination of the witness.
o Explanation: This allows the court to take evidence from witnesses who cannot attend in
person, ensuring that their testimony is still considered.
20. Section 285: Commission to Whom to Be Issued
o Provision: The commission for the examination of a witness under Section 284 shall be issued
to any Magistrate of the first class or to any Civil Court within the local limits of whose
jurisdiction the witness resides.
o Explanation: This ensures that the commission is issued to a competent authority.
21. Section 286: Execution of Commissions
o Provision: Upon receipt of the commission, the Magistrate or Civil Court to whom it is issued
shall proceed to examine the witness, and the examination shall be conducted in the same
manner as if the witness had been produced before the court issuing the commission.
o Explanation: This ensures that the examination of the witness is conducted properly and in
accordance with the law.
22. Section 287: Return of Commission
o Provision: After the commission has been duly executed, it shall be returned, together with
the deposition of the witness examined thereunder, to the court or Magistrate issuing the
commission, and the commission, the return thereto, and the deposition shall be open at all
reasonable times to inspection by the parties, and may, subject to all just exceptions, be read
in evidence in the case.
 Page 33 of 71

o Explanation: This ensures that the evidence collected through the commission is properly
documented and made available to the parties involved.
23. Section 288: Evidence Taken in Previous Trial to Be Used in Subsequent Trial
o Provision: The evidence of a witness duly recorded in the presence of the accused in any
previous trial may, in the discretion of the court, be read as evidence in any subsequent trial
of the same accused for the same offence, or for any other offence for which such evidence is
relevant.
o Explanation: This allows the use of previously recorded evidence in subsequent trials,
ensuring continuity and efficiency.
24. Section 289: Adjournment in Absence of Witness
o Provision: If the court is satisfied that the absence of a witness is due to circumstances beyond
the control of the prosecution, it may adjourn the trial to a future date.
o Explanation: This ensures that the trial can proceed fairly, even if a witness is temporarily
unavailable.
25. Section 290: Deposition of Medical Witness
o Provision: The deposition of a medical witness taken and attested by a Magistrate in the
presence of the accused may be given in evidence in any inquiry, trial, or other proceeding
under this Code, although the deponent is not called as a witness.
o Explanation: This allows the use of medical evidence without requiring the physical presence
of the medical witness, provided the deposition was properly recorded.
26. Section 291: Deposition of Chemical Examiner, etc.
o Provision: Any document purporting to be a report under the hand of any Chemical Examiner
or Assistant Chemical Examiner to Government, or the Chief Inspector of Explosives, or the
Director of the Finger Print Bureau, or an officer of the Mint, or of any other officer appointed
by the Government in this behalf, upon any matter or thing duly submitted to him for
examination or analysis and report in the course of any proceeding under this Code, may be
used as evidence in any inquiry, trial, or other proceeding under this Code.
o Explanation: This allows the use of expert reports as evidence without requiring the physical
presence of the expert, provided the report is properly authenticated.
27. Section 292: Evidence of Officers of Mint
o Provision: Any document purporting to be a report under the hand of any officer of the Mint
upon any matter or thing duly submitted to him for examination and report in the course of
any proceeding under this Code may be used as evidence in any inquiry, trial, or other
proceeding under this Code.
o Explanation: This provision is similar to Section 291 and allows the use of expert reports from
officers of the Mint.
28. Section 293: Reports of Certain Government Scientific Experts
o Provision: Any document purporting to be a report under the hand of a Government scientific
expert to whom this section applies, upon any matter or thing duly submitted to him for
examination or analysis and report in the course of any proceeding under this Code, may be
used as evidence in any inquiry, trial, or other proceeding under this Code.
o Explanation: This allows the use of scientific reports as evidence without requiring the
physical presence of the expert, provided the report is properly authenticated.
29. Section 294: No Formal Proof of Certain Documents
o Provision: Where any document is filed before any court by the prosecution or the accused,
the particulars of every such document shall be included in a list, and the prosecution or the
accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall
be called upon to admit or deny the genuineness of each such document. The list of documents
shall be in such form as may be prescribed by the State Government.
o Explanation: This simplifies the process of admitting documents as evidence by allowing the
parties to admit or deny their genuineness without requiring formal proof.
30. Section 295: Affidavit in Proof of Conduct of Public Servants
o Provision: When any application is made to any court in the course of any inquiry, trial, or
other proceeding under this Code, and allegations are made therein respecting any public
servant, the applicant may give evidence of the facts alleged in the application by affidavit,
and the court may, if it thinks fit, order that evidence relating to such facts be given by affidavit.
o Explanation: This allows the use of affidavits to provide evidence regarding the conduct of
public servants, simplifying the process.
31. Section 296: Evidence of Formal Character on Affidavit
o Provision: The evidence of any person whose evidence is of a formal character may be given
by affidavit, and may, subject to all just exceptions, be read in evidence in any inquiry, trial,
or other proceeding under this Code.
o Explanation: This allows the use of affidavits for formal evidence, streamlining the process.
32. Section 297: Authorities Before Whom Affidavits May Be Sworn
o Provision: Affidavits to be used before any court under this Code may be sworn or affirmed
before any court or Magistrate, or any officer or other person appointed by any such court or
Magistrate for that purpose, or before any notary appointed under the Notaries Act, 1952.
o Explanation: This ensures that affidavits are properly sworn or affirmed before authorized
persons.
33. Section 298: Previous Conviction or Acquittal How Proved
 Page 34 of 71

o Provision: In any inquiry, trial, or other proceeding under this Code, a previous conviction or
acquittal may be proved, in addition to any other mode provided by any law for the time being
in force, by an extract certified under the hand of the officer having the custody of the records
of the court in which such conviction or acquittal was had, to be a copy of the sentence or
order, or by a certificate signed by the officer in charge of the jail in which the punishment or
any part thereof was undergone.
o Explanation: This allows the use of certified extracts or certificates to prove previous
convictions or acquittals.
34. Section 299: Record of Evidence in Absence of Accused
o Provision: If it is proved that an accused person has absconded, and that there is no
immediate prospect of arresting him, the court competent to try or commit for trial such person
for the offence complained of may, in his absence, examine the witnesses (if any) produced on
behalf of the prosecution, and record their depositions. Any such deposition may, on the arrest
of such person, be given in evidence against him on the inquiry into, or trial for, the offence
with which he is charged, if the deponent is dead or incapable of giving evidence, or his
attendance cannot be procured without an amount of delay, expense, or inconvenience which,
under the circumstances of the case, would be unreasonable.
o Explanation: This allows the court to record evidence in the absence of the accused if they
have absconded, ensuring that the evidence is preserved for future use.
Example: Consider a scenario where a person is accused of theft. The trial begins with the prosecution presenting
its evidence. Each witness's testimony is recorded in writing by the Magistrate (Section 269). The accused is
present in court and has the opportunity to hear the evidence and cross-examine the witnesses (Section 273).
If a witness cannot attend in person, the court may issue a commission to take their evidence (Section 284).
The evidence is read over to the witness and the accused to ensure accuracy (Section 278). If the accused does
not understand the language of the court, the evidence is interpreted for them (Section 279).

Explain the general provisions as to inquiries and trials under the CrPC.
The Code of Criminal Procedure, 1973 (CrPC) outlines several general provisions to ensure that inquiries and
trials are conducted fairly, transparently, and efficiently. These provisions cover various aspects, including the
rights of the accused, the role of public prosecutors, and procedural safeguards.
Key Provisions of Sections 300-327
1. Section 300: Person Once Convicted or Acquitted Not to Be Tried for Same Offence
o Provision: A person who has been tried and convicted or acquitted by a competent court
cannot be tried again for the same offence (principle of double jeopardy).
o Explanation: This protects individuals from being prosecuted multiple times for the same
offence.
2. Section 301: Appearance by Public Prosecutors
o Provision: Public Prosecutors or Assistant Public Prosecutors can appear and plead without
written authority before any court in which the case is under inquiry, trial, or appeal.
o Explanation: This ensures that the prosecution is conducted by authorized legal professionals.
3. Section 302: Permission to Conduct Prosecution
o Provision: Magistrates may permit any person other than a police officer below the rank of
Inspector to conduct the prosecution, but no one other than the Advocate-General,
Government Advocate, or Public Prosecutor can do so without permission.
o Explanation: This allows flexibility in who can conduct the prosecution, ensuring competence.
4. Section 303: Right of Person Against Whom Proceedings Are Instituted to Be Defended
o Provision: Any person accused of an offence has the right to be defended by a pleader of their
choice.
o Explanation: This ensures the right to legal representation for the accused.
5. Section 304: Legal Aid to Accused at State Expense in Certain Cases
o Provision: If the accused is not represented by a pleader in a trial before the Court of Session,
the court must assign a pleader for their defense at the expense of the State if the accused
cannot afford one.
o Explanation: This ensures that the accused receives legal representation, regardless of their
financial status.
6. Section 305: Procedure When Corporation or Registered Society is an Accused
o Provision: When a corporation or registered society is an accused, it may appoint a
representative to appear in court on its behalf.
o Explanation: This allows legal entities to be represented in court proceedings.
7. Section 306: Tender of Pardon to Accomplice
o Provision: The court may tender a pardon to an accomplice to obtain evidence against other
accused persons.
o Explanation: This provision helps in gathering crucial evidence by offering immunity to an
accomplice.
8. Section 307: Power to Direct Tender of Pardon
o Provision: The Sessions Judge or Chief Judicial Magistrate can direct the tender of a pardon
to an accomplice.
o Explanation: This ensures that higher judicial authorities can also offer pardons to gather
evidence.
9. Section 308: Trial of Person Not Complying with Conditions of Pardon
 Page 35 of 71

o Provision: If a person who has accepted a pardon does not comply with its conditions, they
can be tried for the offence they were pardoned for.
o Explanation: This ensures that the conditions of the pardon are adhered to.
10. Section 309: Power to Postpone or Adjourn Proceedings
o Provision: The court may postpone or adjourn proceedings for a reasonable period if
necessary.
o Explanation: This allows flexibility in managing court schedules and ensuring fair trials.
11. Section 310: Local Inspection
o Provision: The court may inspect any place or thing relevant to the inquiry or trial.
o Explanation: This allows the court to gather firsthand information.
12. Section 311: Power to Summon Material Witness, or Examine Person Present
o Provision: The court may summon any person as a witness or recall and re-examine any
person already examined if their evidence appears essential to the case.
o Explanation: This ensures that all relevant evidence is considered.
13. Section 311A: Power of Magistrate to Order Person to Give Specimen Signatures or
Handwriting
o Provision: The Magistrate may order any person to give specimen signatures or handwriting
for the purpose of investigation or trial.
o Explanation: This aids in the verification of documents and evidence.
14. Section 312: Expenses of Complainants and Witnesses
o Provision: The court may order payment of reasonable expenses to complainants and
witnesses.
o Explanation: This ensures that individuals are not financially burdened for participating in
legal proceedings.
15. Section 313: Power to Examine the Accused
o Provision: The court may question the accused to explain any circumstances appearing in the
evidence against them.
o Explanation: This allows the accused to present their side of the story.
16. Section 314: Oral Arguments and Memorandum of Arguments
o Provision: The prosecution and the defense may present oral arguments and submit a
memorandum of arguments.
o Explanation: This ensures that both sides have the opportunity to present their case
comprehensively.
17. Section 315: Accused Person to Be Competent Witness
o Provision: The accused is a competent witness for the defense and may give evidence on their
own behalf.
o Explanation: This allows the accused to testify in their defense.
18. Section 316: No Influence to Be Used to Induce Disclosure
o Provision: No influence, by means of any promise or threat, shall be used to induce any
person to disclose or withhold any matter within their knowledge.
o Explanation: This ensures that evidence is given freely and voluntarily.
19. Section 317: Provision for Inquiries and Trial Being Held in the Absence of Accused in Certain
Cases
o Provision: The court may proceed with the trial in the absence of the accused if their presence
is not necessary and they are represented by a pleader.
o Explanation: This allows the trial to proceed without unnecessary delays.
20. Section 318: Procedure Where Accused Does Not Understand Proceedings
o Provision: If the accused does not understand the proceedings, the court must take steps to
ensure that they do.
o Explanation: This ensures that the accused can participate meaningfully in their defense.
21. Section 319: Power to Proceed Against Other Persons Appearing to Be Guilty of Offence
o Provision: The court may proceed against any person not being the accused who appears to
have committed an offence.
o Explanation: This allows the court to bring additional offenders to justice.
22. Section 320: Compounding of Offences
o Provision: Certain offences may be compounded (settled) by the parties involved, with or
without the permission of the court.
o Explanation: This allows for the amicable resolution of minor offences.
23. Section 321: Withdrawal from Prosecution
o Provision: The Public Prosecutor or Assistant Public Prosecutor may withdraw from the
prosecution with the consent of the court.
o Explanation: This allows the prosecution to be discontinued if deemed appropriate.
24. Section 322: Procedure in Cases Which Magistrate Cannot Dispose Of
o Provision: If a Magistrate finds that a case should be tried by a higher court, they must submit
the case to that court.
o Explanation: This ensures that cases are tried by the appropriate level of judiciary.
25. Section 323: Procedure When, After Commencement of Inquiry or Trial, Magistrate Finds
Case Should Be Committed
o Provision: If a Magistrate finds that a case should be committed to the Court of Session, they
must commit the case accordingly.
 Page 36 of 71

o Explanation: This ensures that serious cases are tried by the appropriate court.
26. Section 324: Trial of Persons Previously Convicted of Offences Against Coinage, Stamp-Law
or Property
o Provision: Special provisions apply for the trial of persons previously convicted of certain
offences.
o Explanation: This ensures that repeat offenders are dealt with appropriately.
27. Section 325: Procedure When Magistrate Cannot Pass Sentence Sufficiently Severe
o Provision: If a Magistrate finds that the punishment they can impose is insufficient, they must
submit the case to a higher court.
o Explanation: This ensures that appropriate sentences are imposed.
28. Section 326: Conviction or Commitment on Evidence Partly Recorded by One Magistrate and
Partly by Another
o Provision: A successor Magistrate can continue a trial based on evidence recorded by their
predecessor.
o Explanation: This ensures continuity in the trial process.
29. Section 327: Court to Be Open
o Provision: All criminal courts must be open to the public, except in certain cases where the
court directs otherwise.
o Explanation: This ensures transparency in judicial proceedings.
Example: Consider a scenario where a person is accused of theft. The trial begins with the prosecution presenting
its evidence. Each witness's testimony is recorded in writing by the Magistrate (Section 269). The accused is
present in court and has the opportunity to hear the evidence and cross-examine the witnesses (Section 273).
If a witness cannot attend in person, the court may issue a commission to take their evidence (Section 284).
The evidence is read over to the witness and the accused to ensure accuracy (Section 278). If the accused does
not understand the language of the court, the evidence is interpreted for them (Section 279).

Judgement (Sections 353-365)

What are the essential elements of a judgment under the CrPC?
The Code of Criminal Procedure, 1973 (CrPC) outlines the essential elements and procedures for delivering
judgments in criminal cases. A judgment is the final decision of the court regarding the guilt or innocence of the
accused and the consequent sentence, if any. The relevant sections (353-365) detail the requirements for a valid
judgment, ensuring that it is clear, reasoned, and legally sound.
Key Provisions of Sections 353-365
1. Section 353: Judgment
o Provision: The judgment in every trial in any criminal court of original jurisdiction shall be
pronounced in open court by the presiding officer immediately after the termination of the trial
or at some subsequent time of which notice shall be given to the parties or their pleaders.
o Explanation: This ensures that the judgment is delivered publicly and that all parties are
informed of the decision.
2. Section 354: Language and Contents of Judgment
o Provision: The judgment shall be written in the language of the court and shall contain:
 The points for determination.
 The decision thereon.
 The reasons for the decision.
o Explanation: This ensures that the judgment is clear, reasoned, and understandable.
3. Section 355: Metropolitan Magistrate's Judgment
o Provision: In cases tried by Metropolitan Magistrates, the judgment shall contain:
 The serial number of the case.
 The date of the commission of the offence.
 The name of the complainant (if any).
 The name of the accused person and his parentage and residence.
 The offence complained of or proved.
 The plea of the accused and his examination (if any).
 The final order.
 The date of such order.
o Explanation: This ensures that the judgment in cases tried by Metropolitan Magistrates is
concise and contains all necessary details.
4. Section 356: Order for Notifying Address of Previously Convicted Offender
o Provision: The court may order a person convicted of certain offences to notify their residence
and any change of residence to the police for a specified period.
o Explanation: This provision helps in monitoring previously convicted offenders.
5. Section 357: Order to Pay Compensation
o Provision: The court may order the accused to pay compensation to the victim for any loss or
injury caused by the offence.
o Explanation: This ensures that victims receive compensation for their losses.
6. Section 357A: Victim Compensation Scheme
o Provision: The State Government, in coordination with the Central Government, shall prepare
a scheme for providing funds for the purpose of compensation to the victim or their dependents
who have suffered loss or injury as a result of the crime and who require rehabilitation.
o Explanation: This provision ensures that victims receive financial support for rehabilitation.
 Page 37 of 71

7. Section 357B: Compensation to Be in Addition to Fine Under Section 326A or Section 376D of
IPC
o Provision: The compensation ordered under Section 357A shall be in addition to the fine
imposed under Section 326A or Section 376D of the Indian Penal Code.
o Explanation: This ensures that victims receive adequate compensation in addition to any fines
imposed on the accused.
8. Section 357C: Treatment of Victims
o Provision: All hospitals, public or private, whether run by the Central Government, the State
Government, local bodies, or any other person, shall immediately provide the first aid or
medical treatment, free of cost, to the victims of any offence covered under Sections 326A,
376, 376A, 376B, 376C, 376D, or 376E of the Indian Penal Code, and shall immediately inform
the police of such incident.
o Explanation: This ensures that victims receive immediate medical attention.
9. Section 358: Compensation to Persons Groundlessly Arrested
o Provision: The court may order compensation to be paid to any person who has been
groundlessly arrested.
o Explanation: This provision protects individuals from wrongful arrest and ensures they are
compensated for any harm suffered.
10. Section 359: Order to Pay Costs in Non-Cognizable Cases
o Provision: The court may order the accused to pay the costs of the prosecution in non-
cognizable cases.
o Explanation: This ensures that the prosecution is not financially burdened in non-cognizable
cases.
11. Section 360: Order to Release on Probation of Good Conduct or After Admonition
o Provision: The court may release an offender on probation of good conduct or after due
admonition, instead of sentencing them to punishment.
o Explanation: This provision allows for the rehabilitation of offenders without imposing harsh
penalties.
12. Section 361: Special Reasons to Be Recorded in Certain Cases
o Provision: If the court does not make an order under Section 360, it must record the special
reasons for not doing so.
o Explanation: This ensures transparency and accountability in sentencing decisions.
13. Section 362: Court Not to Alter Judgment
o Provision: No court shall alter or review its judgment or final order once it has been signed,
except to correct a clerical or arithmetical error.
o Explanation: This ensures the finality and integrity of judgments.
14. Section 363: Copy of Judgment to Be Given to the Accused and Other Persons
o Provision: A copy of the judgment shall be given to the accused free of cost immediately after
the judgment is pronounced. Copies shall also be given to other persons affected by the
judgment upon application and payment of the prescribed fee.
o Explanation: This ensures that the accused and other affected parties have access to the
judgment.
15. Section 364: Judgment When to Be Translated
o Provision: If the judgment is delivered in a language not understood by the accused, it shall
be translated into a language understood by them.
o Explanation: This ensures that the accused fully understands the judgment.
16. Section 365: Court of Session to Send Copy of Finding and Sentence to District Magistrate
o Provision: The Court of Session shall send a copy of its finding and sentence to the District
Magistrate.
o Explanation: This ensures that the District Magistrate is informed of the court's decisions.
Example: Consider a scenario where a person is convicted of theft. The judgment will be pronounced in open
court (Section 353) and will include the points for determination, the decision, and the reasons for the decision
(Section 354). If the accused is ordered to pay compensation to the victim, this will be included in the judgment
(Section 357). A copy of the judgment will be provided to the accused free of cost (Section 363).

Discuss the procedure for delivering a judgment.

The Code of Criminal Procedure, 1973 (CrPC) outlines the detailed procedure for delivering judgments in criminal
cases. A judgment is the final decision of the court regarding the guilt or innocence of the accused and the
consequent sentence, if any. The relevant sections (353-365) ensure that the judgment is delivered in a clear,
reasoned, and legally sound manner.
Key Provisions of Sections 353-365
1. Section 353: Judgment
o Provision: The judgment in every trial in any criminal court of original jurisdiction shall be
pronounced in open court by the presiding officer immediately after the termination of the trial
or at some subsequent time of which notice shall be given to the parties or their pleaders.
o Explanation: This ensures that the judgment is delivered publicly and that all parties are
informed of the decision.
2. Section 354: Language and Contents of Judgment
o Provision: The judgment shall be written in the language of the court and shall contain:
 The points for determination.
 Page 38 of 71

 The decision thereon.

 The reasons for the decision.
o Explanation: This ensures that the judgment is clear, reasoned, and understandable.
3. Section 355: Metropolitan Magistrate's Judgment
o Provision: In cases tried by Metropolitan Magistrates, the judgment shall contain:
 The serial number of the case.
 The date of the commission of the offence.
 The name of the complainant (if any).
 The name of the accused person and his parentage and residence.
 The offence complained of or proved.
 The plea of the accused and his examination (if any).
 The final order.
 The date of such order.
o Explanation: This ensures that the judgment in cases tried by Metropolitan Magistrates is
concise and contains all necessary details.
4. Section 356: Order for Notifying Address of Previously Convicted Offender
o Provision: The court may order a person convicted of certain offences to notify their residence
and any change of residence to the police for a specified period.
o Explanation: This provision helps in monitoring previously convicted offenders.
5. Section 357: Order to Pay Compensation
o Provision: The court may order the accused to pay compensation to the victim for any loss or
injury caused by the offence.
o Explanation: This ensures that victims receive compensation for their losses.
6. Section 357A: Victim Compensation Scheme
o Provision: The State Government, in coordination with the Central Government, shall prepare
a scheme for providing funds for the purpose of compensation to the victim or their dependents
who have suffered loss or injury as a result of the crime and who require rehabilitation.
o Explanation: This provision ensures that victims receive financial support for rehabilitation.
7. Section 357B: Compensation to Be in Addition to Fine Under Section 326A or Section 376D of
IPC
o Provision: The compensation ordered under Section 357A shall be in addition to the fine
imposed under Section 326A or Section 376D of the Indian Penal Code.
o Explanation: This ensures that victims receive adequate compensation in addition to any fines
imposed on the accused.
8. Section 357C: Treatment of Victims
o Provision: All hospitals, public or private, whether run by the Central Government, the State
Government, local bodies, or any other person, shall immediately provide the first aid or
medical treatment, free of cost, to the victims of any offence covered under Sections 326A,
376, 376A, 376B, 376C, 376D, or 376E of the Indian Penal Code, and shall immediately inform
the police of such incident.
o Explanation: This ensures that victims receive immediate medical attention.
9. Section 358: Compensation to Persons Groundlessly Arrested
o Provision: The court may order compensation to be paid to any person who has been
groundlessly arrested.
o Explanation: This provision protects individuals from wrongful arrest and ensures they are
compensated for any harm suffered.
10. Section 359: Order to Pay Costs in Non-Cognizable Cases
o Provision: The court may order the accused to pay the costs of the prosecution in non-
cognizable cases.
o Explanation: This ensures that the prosecution is not financially burdened in non-cognizable
cases.
11. Section 360: Order to Release on Probation of Good Conduct or After Admonition
o Provision: The court may release an offender on probation of good conduct or after due
admonition, instead of sentencing them to punishment.
o Explanation: This provision allows for the rehabilitation of offenders without imposing harsh
penalties.
12. Section 361: Special Reasons to Be Recorded in Certain Cases
o Provision: If the court does not make an order under Section 360, it must record the special
reasons for not doing so.
o Explanation: This ensures transparency and accountability in sentencing decisions.
13. Section 362: Court Not to Alter Judgment
o Provision: No court shall alter or review its judgment or final order once it has been signed,
except to correct a clerical or arithmetical error.
o Explanation: This ensures the finality and integrity of judgments.
14. Section 363: Copy of Judgment to Be Given to the Accused and Other Persons
o Provision: A copy of the judgment shall be given to the accused free of cost immediately after
the judgment is pronounced. Copies shall also be given to other persons affected by the
judgment upon application and payment of the prescribed fee.
o Explanation: This ensures that the accused and other affected parties have access to the
judgment.
 Page 39 of 71

15. Section 364: Judgment When to Be Translated

o Provision: If the judgment is delivered in a language not understood by the accused, it shall
be translated into a language understood by them.
o Explanation: This ensures that the accused fully understands the judgment.
16. Section 365: Court of Session to Send Copy of Finding and Sentence to District Magistrate
o Provision: The Court of Session shall send a copy of its finding and sentence to the District
Magistrate.
o Explanation: This ensures that the District Magistrate is informed of the court's decisions.
Example: Consider a scenario where a person is convicted of theft. The judgment will be pronounced in open
court (Section 353) and will include the points for determination, the decision, and the reasons for the decision
(Section 354). If the accused is ordered to pay compensation to the victim, this will be included in the judgment
(Section 357). A copy of the judgment will be provided to the accused free of cost (Section 363).

Appeals (Sections 372-394)

Explain the provisions relating to appeals under the CrPC.
The Code of Criminal Procedure, 1973 (CrPC) provides a comprehensive framework for the process of appeals in
criminal cases. These provisions ensure that parties aggrieved by a decision have the opportunity to seek a
review by a higher court. The relevant sections (372-394) outline the types of appeals, the courts to which
appeals can be made, and the procedures to be followed.
Key Provisions of Sections 372-394
1. Section 372: No Appeal to Lie Unless Otherwise Provided
o Provision: No appeal shall lie from any judgment or order of a criminal court except as
provided by this Code or by any other law for the time being in force.
o Explanation: This section establishes that appeals are not a matter of right and can only be
made if explicitly allowed by the CrPC or other laws.
2. Section 373: Appeal from Orders Requiring Security or Refusal to Accept or Rejecting Surety
for Keeping Peace or Good Behaviour
o Provision: An appeal lies from any order requiring security for keeping the peace or for good
behaviour, or refusing to accept or rejecting a surety for the same.
o Explanation: This allows individuals to appeal against orders related to security for keeping
peace or good behaviour.
3. Section 374: Appeals from Convictions
o Provision:
 (1) Any person convicted on a trial held by a High Court in its extraordinary original
criminal jurisdiction may appeal to the Supreme Court.
 (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions
Judge, or on a trial held by any other court in which a sentence of imprisonment for
more than seven years has been passed against him, may appeal to the High Court.
 (3) Any person convicted on a trial held by a Metropolitan Magistrate or Assistant
Sessions Judge, or on a trial held by any other court, may appeal to the Court of
Session.
o Explanation: This section specifies the courts to which appeals can be made based on the
court of original conviction and the severity of the sentence.
4. Section 375: No Appeal in Certain Cases When Accused Pleads Guilty
o Provision: No appeal shall lie in cases where the accused has pleaded guilty and has been
convicted on such plea by a High Court, Sessions Court, or any other court, except as to the
extent or legality of the sentence.
o Explanation: This limits the right to appeal in cases where the accused has pleaded guilty,
except for challenging the sentence.
5. Section 376: No Appeal in Petty Cases
o Provision: No appeal shall lie from a sentence of fine not exceeding ₹100 or imprisonment for
a term not exceeding three months, except on a question of law.
o Explanation: This provision restricts appeals in minor cases to questions of law only.
6. Section 377: Appeal by the State Government Against Sentence
o Provision: The State Government may direct the Public Prosecutor to present an appeal to
the High Court against the sentence on the ground of its inadequacy.
o Explanation: This allows the State Government to appeal against sentences deemed
inadequate.
7. Section 378: Appeal in Case of Acquittal
o Provision:
 (1) The District Magistrate may, in any case, direct the Public Prosecutor to present
an appeal to the Court of Session from an order of acquittal passed by a Magistrate.
 (2) The State Government may, in any case, direct the Public Prosecutor to present
an appeal to the High Court from an original or appellate order of acquittal passed by
any court other than a High Court.
o Explanation: This allows appeals against acquittals by the prosecution.
8. Section 379: Appeal Against Conviction by High Court in Certain Cases
o Provision: An appeal lies to the Supreme Court from any judgment, final order, or sentence
in a criminal proceeding of a High Court if the High Court has on appeal reversed an order of
 Page 40 of 71

acquittal of an accused person and sentenced him to death or imprisonment for life or for a
term of ten years or more.
o Explanation: This provides for appeals to the Supreme Court in specific serious cases.
9. Section 380: Special Right of Appeal in Certain Cases
o Provision: When more persons than one are convicted in one trial, and an appealable
judgment or order has been passed in respect of any of such persons, all or any of the other
persons convicted at such trial shall have a right of appeal.
o Explanation: This ensures that all co-accused have the right to appeal if one of them has an
appealable judgment.
10. Section 381: Appeal to Court of Session How Heard
o Provision: An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions
Judge or by an Additional Sessions Judge.
o Explanation: This specifies the authority within the Sessions Court to hear appeals.
11. Section 382: Petition of Appeal
o Provision: Every appeal shall be made in the form of a petition in writing presented by the
appellant or his pleader, and every such petition shall be accompanied by a copy of the
judgment or order appealed against.
o Explanation: This outlines the formal requirements for filing an appeal.
12. Section 383: Procedure When Appellant in Jail
o Provision: If the appellant is in jail, he may present his petition of appeal and the copies
accompanying the same to the officer in charge of the jail, who shall forward them to the
appropriate appellate court.
o Explanation: This ensures that appellants in custody can file appeals.
13. Section 384: Summary Dismissal of Appeal
o Provision: If the appellate court considers that there is no sufficient ground for interfering, it
may dismiss the appeal summarily, but not without giving the appellant or his pleader a
reasonable opportunity of being heard.
o Explanation: This allows for the quick dismissal of appeals that lack merit.
14. Section 385: Procedure for Hearing Appeals Not Dismissed Summarily
o Provision: If the appeal is not dismissed summarily, the appellate court shall cause notice to
be given to the appellant or his pleader and the Public Prosecutor, and shall hear the appeal.
o Explanation: This ensures that all parties are notified and heard in the appeal process.
15. Section 386: Powers of the Appellate Court
o Provision: The appellate court may:
 (a) In an appeal from an order of acquittal, reverse such order and direct that further
inquiry be made, or that the accused be retried or committed for trial, or find him
guilty and pass sentence on him according to law.
 (b) In an appeal from a conviction, reverse the finding and sentence and acquit or
discharge the accused, or order him to be retried by a court of competent jurisdiction
subordinate to such appellate court or committed for trial, or alter the finding,
maintaining the sentence, or with or without altering the finding, reduce the sentence.
 (c) In an appeal for enhancement of sentence, pass such sentence as it thinks proper.
 (d) In an appeal from any other order, alter or reverse such order.
 (e) Make any amendment or any consequential or incidental order that may be just
or proper.
o Explanation: This outlines the broad powers of the appellate court in deciding appeals.
16. Section 387: Judgments of Subordinate Appellate Court
o Provision: The rules contained in Chapter XXVII as to the judgment of a criminal court of
original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a
subordinate appellate court.
o Explanation: This ensures consistency in the delivery of judgments by appellate courts.
17. Section 388: Order of High Court on Appeal to Be Certified to Lower Court
o Provision: When a case is decided on appeal by the High Court, it shall certify its judgment
or order to the court by which the finding, sentence, or order appealed against was recorded
or passed. The court to which the High Court certifies its judgment or order shall thereupon
make such orders as are conformable to the judgment or order of the High Court.
o Explanation: This ensures that the lower court implements the decision of the High Court.
18. Section 389: Suspension of Sentence Pending the Appeal; Release of Appellant on Bail
o Provision: Pending any appeal by a convicted person, the appellate court may order that the
execution of the sentence or order appealed against be suspended and, if the appellant is in
confinement, that he be released on bail or on his own bond.
o Explanation: This allows for the suspension of the sentence and release of the appellant on
bail during the appeal process.
19. Section 390: Arrest of Accused in Appeal from Acquittal
o Provision: When an appeal is presented against an order of acquittal, the High Court may
issue a warrant directing that the accused be arrested and brought before it or any subordinate
court, and the court before which he is brought may commit him to prison pending the disposal
of the appeal or admit him to bail.
o Explanation: This allows for the arrest and detention of the accused during an appeal against
acquittal.
 Page 41 of 71

20. Section 391: Appellate Court May Take Further Evidence or Direct It to Be Taken
o Provision: In dealing with any appeal under this Chapter, the appellate court, if it thinks
additional evidence to be necessary, shall record its reasons and may either take such evidence
itself or direct it to be taken by a Magistrate.
o Explanation: This allows the appellate court to gather additional evidence if necessary.
21. Section 392: Procedure Where Judges of Court of Appeal Are Equally Divided
o Provision: When an appeal is heard by a Bench of Judges and they are equally divided in
opinion, the case shall be referred to another Judge of the same court, and the judgment or
order shall follow the opinion of the majority of the Judges who have heard the case, including
those who first heard it.
o Explanation: This ensures a decision is reached even if the judges are initially divided.
22. Section 393: Finality of Judgments and Orders on Appeal
o Provision: Judgments and orders passed by an appellate court upon an appeal shall be final,
except in cases provided for in Section 377, Section 378, Sub-section (4) of Section 384, or
Chapter XXX.
o Explanation: This establishes the finality of appellate court decisions, with certain exceptions.
23. Section 394: Abatement of Appeals
o Provision: Every appeal under Section 377 or Section 378 shall finally abate on the death of
the accused, and every other appeal under this Chapter (except an appeal from a sentence of
fine) shall finally abate on the death of the appellant.
o Explanation: This ensures that appeals abate upon the death of the accused or appellant,
with certain exceptions.
Example: Consider a scenario where a person is convicted of theft by a Sessions Court and sentenced to five
years of imprisonment. The convicted person can appeal to the High Court under Section 374(2). If the High
Court finds the sentence inadequate, the State Government can also appeal for enhancement of the sentence
under Section 377. If the High Court reverses the conviction, the State Government can appeal to the Supreme
Court under Section 379.

Discuss the process of filing an appeal against acquittal.

Process of Filing an Appeal Against Acquittal Under the CrPC
The Code of Criminal Procedure, 1973 (CrPC) provides a detailed procedure for filing an appeal against an
acquittal. This process ensures that the prosecution has the opportunity to challenge an acquittal if it believes
that the judgment was erroneous or unjust. The relevant sections for filing an appeal against acquittal are
primarily Sections 378 and 379.
Key Provisions for Filing an Appeal Against Acquittal
1. Section 378: Appeal in Case of Acquittal
o Provision:
 Section 378(1): The District Magistrate may, in any case, direct the Public
Prosecutor to present an appeal to the Court of Session from an order of acquittal
passed by a Magistrate.
 Section 378(2): The State Government may, in any case, direct the Public
Prosecutor to present an appeal to the High Court from an original or appellate order
of acquittal passed by any court other than a High Court.
 Section 378(3): No appeal under sub-section (1) or sub-section (2) shall be
entertained except with the leave of the High Court.
 Section 378(4): If such an order of acquittal is passed in any case instituted upon a
complaint and the High Court, on an application made to it by the complainant in this
behalf, grants special leave to appeal from the order of acquittal, the complainant
may present such an appeal to the High Court.
 Section 378(5): No application under sub-section (4) for the grant of special leave
to appeal from an order of acquittal shall be entertained by the High Court after the
expiry of six months, where the complainant is a public servant, and sixty days in
every other case, computed from the date of that order of acquittal.
o Explanation: This section allows the District Magistrate and the State Government to direct
appeals against acquittals to the Court of Session and the High Court, respectively. It also
provides for special leave to appeal by the complainant in cases instituted upon a complaint.
2. Section 379: Appeal Against Conviction by High Court in Certain Cases
o Provision: An appeal lies to the Supreme Court from any judgment, final order, or sentence
in a criminal proceeding of a High Court if the High Court has on appeal reversed an order of
acquittal of an accused person and sentenced him to death or imprisonment for life or for a
term of ten years or more.
o Explanation: This section provides for appeals to the Supreme Court in specific serious cases
where the High Court has reversed an acquittal and imposed a severe sentence.
Procedure for Filing an Appeal Against Acquittal
1. Initiation of Appeal:
o The appeal against an acquittal can be initiated by the District Magistrate or the State
Government. The District Magistrate can direct the Public Prosecutor to present an appeal to
the Court of Session, while the State Government can direct the Public Prosecutor to present
an appeal to the High Court.
2. Leave of the High Court:
 Page 42 of 71

o For appeals directed to the High Court, the leave of the High Court is required. This means that
the High Court must grant permission for the appeal to be entertained.
3. Special Leave to Appeal by Complainant:
o In cases instituted upon a complaint, the complainant can apply to the High Court for special
leave to appeal against the acquittal. If the High Court grants special leave, the complainant
can present the appeal.
4. Time Limit for Filing Appeal:
o The application for special leave to appeal must be made within six months if the complainant
is a public servant, and within sixty days in every other case, from the date of the order of
acquittal.
5. Presentation of Appeal:
o The appeal must be presented in the form of a petition in writing by the appellant or their
pleader, accompanied by a copy of the judgment or order appealed against.
6. Hearing of Appeal:
o If the appeal is not dismissed summarily, the appellate court will notify the appellant or their
pleader and the Public Prosecutor, and will hear the appeal.
7. Powers of the Appellate Court:
o The appellate court has broad powers to reverse the order of acquittal, direct further inquiry,
order a retrial, or find the accused guilty and pass sentence according to law.
Example: Consider a scenario where a person is acquitted of theft by a Magistrate. The District Magistrate,
believing the acquittal to be unjust, directs the Public Prosecutor to file an appeal to the Court of Session. The
Public Prosecutor files the appeal, and the Court of Session, after hearing the appeal, may reverse the acquittal
and convict the accused if it finds sufficient grounds.

Reference and Revision (Sections 395-405)

What is the procedure for reference and revision under the CrPC?
Procedure for Reference and Revision Under the CrPC (Sections 395-405)
The Code of Criminal Procedure, 1973 (CrPC) provides a detailed framework for the procedures of reference and
revision. These provisions allow for the review of decisions made by lower courts to ensure that justice is served
and legal errors are corrected. The relevant sections (395-405) outline the conditions and procedures for making
references to higher courts and for revising orders and judgments.
Key Provisions of Sections 395-405
1. Section 395: Reference to High Court
o Provision:
 Section 395(1): Any court may refer a case to the High Court if it involves a question
of law that requires interpretation or if the court itself is in doubt about the legal
principles involved.
 Section 395(2): If a Sessions Judge or a Magistrate of the first class is of the opinion
that a case pending before them involves a question of law as to the validity of any
Act, Ordinance, or Regulation, or any provision contained therein, they may refer the
case to the High Court.
o Explanation: This section allows lower courts to seek guidance from the High Court on
complex legal questions.
2. Section 396: Disposal of Case According to Decision of High Court
o Provision: When a case is referred to the High Court under Section 395, the High Court shall
pass such judgment, order, or sentence as it thinks fit, and the court making the reference
shall dispose of the case conformably to the High Court's decision.
o Explanation: This ensures that the lower court follows the High Court's decision on the
referred question of law.
3. Section 397: Calling for Records to Exercise Powers of Revision
o Provision:
 Section 397(1): The High Court or any Sessions Judge may call for and examine the
record of any proceeding before any inferior criminal court situated within its or his
local jurisdiction for the purpose of satisfying itself or himself as to the correctness,
legality, or propriety of any finding, sentence, or order, recorded or passed, and as to
the regularity of any proceedings of such inferior court.
 Section 397(2): The powers of revision conferred by sub-section (1) shall not be
exercised in relation to any interlocutory order passed in any appeal, inquiry, trial, or
other proceeding.
o Explanation: This section allows higher courts to review the records of lower courts to ensure
that justice is properly administered.
4. Section 398: Power to Order Inquiry
o Provision: On examining any record under Section 397 or otherwise, the High Court or the
Sessions Judge may direct the Chief Judicial Magistrate or any other Magistrate subordinate to
him to make, and the Chief Judicial Magistrate or such other Magistrate shall make, further
inquiry into any complaint which has been dismissed under Section 203 or sub-section (4) of
Section 204, or into the case of any person accused of an offence who has been discharged.
o Explanation: This allows higher courts to order further inquiries if they find that a complaint
was dismissed or an accused was discharged without sufficient grounds.
5. Section 399: Sessions Judge's Powers of Revision
 Page 43 of 71

o Provision: In the case of any proceeding the record of which has been called for by himself,
the Sessions Judge may exercise all or any of the powers which may be exercised by the High
Court under sub-section (1) of Section 401.
o Explanation: This grants Sessions Judges the power to revise orders and judgments of lower
courts within their jurisdiction.
6. Section 400: Power of Additional Sessions Judge
o Provision: An Additional Sessions Judge shall have and may exercise all the powers of a
Sessions Judge under this Chapter in respect of any case which may be transferred to him by
or under any general or special order of the Sessions Judge.
o Explanation: This ensures that Additional Sessions Judges can also exercise revisionary
powers.
7. Section 401: High Court's Powers of Revision
o Provision:
 Section 401(1): In the case of any proceeding the record of which has been called
for by itself or which otherwise comes to its knowledge, the High Court may, in its
discretion, exercise any of the powers conferred on a court of appeal by Sections 386,
389, 390, and 391 or on a court of session by Section 307, and, when the Judges
composing the court of revision are equally divided in opinion, the case shall be
disposed of in the manner provided by Section 392.
 Section 401(2): No order under this section shall be made to the prejudice of the
accused or other person unless he has had an opportunity of being heard either
personally or by pleader in his own defence.
 Section 401(3): Nothing in this section shall be deemed to authorize a High Court
to convert a finding of acquittal into one of conviction.
o Explanation: This section grants the High Court broad powers to revise orders and judgments,
ensuring that justice is served.
8. Section 402: Power of High Court to Withdraw or Transfer Revision Cases
o Provision: A High Court may withdraw any case from, or transfer any case to, any subordinate
court of revision.
o Explanation: This allows the High Court to manage the distribution of revision cases among
subordinate courts.
9. Section 403: Option of Court to Hear Parties
o Provision: Save as otherwise expressly provided by this Code, no party has any right to be
heard either personally or by pleader before any court when exercising its powers of revision;
but the court may, if it thinks fit, when exercising such powers, hear any party either personally
or by pleader.
o Explanation: This gives the court discretion to decide whether to hear parties during revision
proceedings.
10. Section 404: Statement by Metropolitan Magistrate of Ground of His Decision to Be
Considered by High Court
o Provision: When the record of any trial held by a Metropolitan Magistrate is called for by the
High Court or a Sessions Judge under Section 397, the Metropolitan Magistrate shall make a
statement setting forth the grounds of his decision or order, and the High Court or Sessions
Judge shall consider such statement before making any order under this Chapter.
o Explanation: This ensures that the higher court considers the reasoning of the Metropolitan
Magistrate before making a decision.
11. Section 405: High Court's Order to Be Certified to Lower Court
o Provision: When a case is revised by the High Court, it shall certify its decision or order to the
court by which the finding, sentence, or order revised was recorded or passed, and the court
to which the High Court certifies its decision or order shall thereupon make such orders as are
conformable to the decision so certified, and, if necessary, the record shall be amended in
accordance therewith.
o Explanation: This ensures that the lower court implements the decision of the High Court.
Example: Consider a scenario where a Sessions Judge finds that a Magistrate's order dismissing a complaint
was not justified. The Sessions Judge can call for the record of the case under Section 397 and, upon examination,
may direct further inquiry under Section 398. If the Sessions Judge decides to revise the order, they can exercise
the powers granted under Section 399. If the case involves a complex legal question, the Sessions Judge may
refer it to the High Court under Section 395. The High Court, upon receiving the reference, will decide the
question of law and send its decision back to the Sessions Judge, who will then dispose of the case in accordance
with the High Court's decision.

Provisions as to Bails and Bonds (Sections 436-450)

Discuss the provisions relating to bail and bonds under the CrPC.
Provisions Relating to Bail and Bonds Under the CrPC (Sections 436-450)
The Code of Criminal Procedure, 1973 (CrPC) provides detailed provisions regarding bail and bonds to ensure
that individuals accused of offences are not unnecessarily detained and have the opportunity to be released on
bail. These provisions balance the rights of the accused with the need to ensure their presence at trial and the
safety of the public.
Key Provisions of Sections 436-450
1. Section 436: In What Cases Bail to Be Taken
o Provision:
 Page 44 of 71

 Section 436(1): When any person other than a person accused of a non-bailable
offence is arrested or detained without warrant by an officer in charge of a police
station, or appears or is brought before a court, and is prepared at any time while in
the custody of such officer or at any stage of the proceeding before such court to give
bail, such person shall be released on bail.
 Section 436(2): If such person is indigent and unable to furnish bail, the court shall
release him on his executing a bond without sureties for his appearance.
o Explanation: This section ensures that individuals accused of bailable offences are entitled to
bail and provides for the release of indigent persons on a personal bond.
2. Section 436A: Maximum Period for Which an Undertrial Prisoner Can Be Detained
o Provision: An undertrial prisoner who has been detained for a period extending up to one-half
of the maximum period of imprisonment specified for the offence shall be released on personal
bond with or without sureties.
o Explanation: This provision prevents prolonged detention of undertrial prisoners and ensures
their release if they have served a significant portion of the maximum sentence.
3. Section 437: When Bail May Be Taken in Case of Non-Bailable Offence
o Provision:
 Section 437(1): When any person accused of a non-bailable offence is arrested or
detained without warrant by an officer in charge of a police station or appears or is
brought before a court other than the High Court or Court of Session, he may be
released on bail, but he shall not be so released if there appear reasonable grounds
for believing that he has been guilty of an offence punishable with death or
imprisonment for life.
 Section 437(2): If it appears to such officer or court at any stage of the investigation,
inquiry, or trial, that there are not reasonable grounds for believing that the accused
has committed a non-bailable offence, but that there are sufficient grounds for further
inquiry into his guilt, the accused shall, pending such inquiry, be released on bail.
o Explanation: This section provides the conditions under which bail may be granted for non-
bailable offences, with specific restrictions for serious offences.
4. Section 437A: Bail to Require Accused to Appear Before Next Appellate Court
o Provision: Before conclusion of the trial and before disposal of the appeal, the court shall
require the accused to execute bail bonds with sureties to appear before the higher court as
and when such court issues notice in respect of the appeal against the judgment of the
respective court.
o Explanation: This ensures that the accused remains available for any appellate proceedings.
5. Section 438: Direction for Grant of Bail to Person Apprehending Arrest
o Provision:
 Section 438(1): When any person has reason to believe that he may be arrested on
an accusation of having committed a non-bailable offence, he may apply to the High
Court or the Court of Session for a direction under this section; and that court may,
if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
 Section 438(2): The High Court or the Court of Session may include such conditions
in the direction as it may think fit, including conditions for the accused to make himself
available for interrogation, not to make any inducement, threat, or promise to any
person acquainted with the facts of the case, and not to leave India without the court's
permission.
o Explanation: This section provides for anticipatory bail, allowing individuals to seek bail in
anticipation of arrest for non-bailable offences.
6. Section 439: Special Powers of High Court or Court of Session Regarding Bail
o Provision:
 Section 439(1): A High Court or Court of Session may direct that any person accused
of an offence and in custody be released on bail, and if the offence is of the nature
specified in sub-section (3) of Section 437, may impose any condition which it
considers necessary for the purposes mentioned in that sub-section.
 Section 439(2): A High Court or Court of Session may direct that any person who
has been released on bail under this Chapter be arrested and commit him to custody.
o Explanation: This section grants special powers to the High Court and Court of Session to
grant or cancel bail.
7. Section 440: Amount of Bond and Reduction Thereof
o Provision:
 Section 440(1): The amount of every bond executed under this Chapter shall be
fixed with due regard to the circumstances of the case and shall not be excessive.
 Section 440(2): The High Court or Court of Session may direct that the bail required
by a police officer or Magistrate be reduced.
o Explanation: This ensures that the amount of bail is reasonable and proportionate to the
circumstances of the case.
8. Section 441: Bond of Accused and Sureties
o Provision:
 Section 441(1): Before any person is released on bail or released on his own bond,
a bond for such sum of money as the police officer or court, as the case may be,
 Page 45 of 71

thinks sufficient shall be executed by such person, and when he is released on bail,
by one or more sufficient sureties, conditioned that such person shall attend at the
time and place mentioned in the bond, and shall continue so to attend until otherwise
directed by the police officer or court.
 Section 441(2): If the case so requires, the bond shall also bind the person released
on bail to appear when called upon at the High Court, Court of Session, or other court
to answer the charge.
o Explanation: This section outlines the requirements for executing a bond by the accused and
sureties.
9. Section 441A: Declaration by Sureties
o Provision: Every person standing surety to an accused person for his release on bail shall
make a declaration before the court as to the number of persons to whom he has stood surety
including the accused.
o Explanation: This ensures transparency and prevents misuse of the surety system.
10. Section 442: Discharge from Custody
o Provision: When a person is released on bail, the court shall issue an order of release to the
officer in whose custody the person is, and such officer on receipt of the order shall release the
person.
o Explanation: This ensures the prompt release of the accused once bail is granted.
11. Section 443: Power to Order Sufficient Bail When That First Taken Is Insufficient
o Provision: If, through mistake, fraud, or otherwise, insufficient sureties have been accepted,
or if they afterwards become insufficient, the court may issue a warrant of arrest or summons
against the person released on bail and require him to furnish sufficient sureties.
o Explanation: This allows the court to rectify situations where the initial sureties are found to
be inadequate.
12. Section 444: Discharge of Sureties
o Provision:
 Section 444(1): All sureties to a bond shall be discharged from their liability when
the bond is forfeited or when the accused is acquitted or discharged.
 Section 444(2): The court may, on application by the surety, discharge him from
his liability and require the accused to find new sureties.
o Explanation: This provides for the discharge of sureties from their obligations under certain
conditions.
13. Section 445: Deposit Instead of Recognizance
o Provision: When any person is required by any court or officer to execute a bond, with or
without sureties, such court or officer may, except in the case of a bond for good behaviour,
permit him to deposit a sum of money or Government promissory notes in lieu of executing
such bond.
o Explanation: This allows for the deposit of money or Government promissory notes as an
alternative to providing sureties.
14. Section 446: Procedure When Bond Has Been Forfeited
o Provision:
 Section 446(1): When a bond is forfeited, the court shall record the grounds of such
proof and may call upon any person bound by such bond to pay the penalty thereof
or to show cause why it should not be paid.
 Section 446(2): If sufficient cause is not shown and the penalty is not paid, the
court may proceed to recover the same as if such penalty were a fine imposed by it.
 Section 446(3): The court may remit any portion of the penalty and enforce payment
in part only.
o Explanation: This outlines the procedure for dealing with forfeited bonds and recovering
penalties.
15. Section 446A: Cancellation of Bond and Bail Bond
o Provision: Without prejudice to the provisions of Section 446, where a bond for appearance
or bail bond has been forfeited, the court may cancel the bond and bail bond and issue a
warrant for the arrest of the person on whose behalf the bond and bail bond was executed.
o Explanation: This allows the court to cancel bonds and issue arrest warrants in cases of
forfeiture.
16. Section 447: Procedure in Case of Insolvency or Death of Surety or When a Bond Is Forfeited
o Provision: When a surety to a bond becomes insolvent or dies, or when a bond is forfeited,
the court may order the person from whom the bond was taken to furnish fresh security in
accordance with the directions of the original order, and if such security is not furnished, the
court may proceed as if there had been a default in complying with such original order.
o Explanation: This ensures that new security is provided in cases of insolvency or death of a
surety or forfeiture of a bond.
17. Section 448: Bond Required from Minor
o Provision: When the person required by any court or officer to execute a bond is a minor,
such court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.
o Explanation: This allows for the acceptance of bonds executed by sureties on behalf of minors.
18. Section 449: Appeal from Orders Under Section 446
o Provision: All orders passed under Section 446 shall be appealable.
 Page 46 of 71

o Explanation: This provides the right to appeal against orders related to forfeited bonds.
19. Section 450: Power to Direct Levy of Amount Due on Certain Recognizances
o Provision: The High Court or Court of Session may direct any Magistrate to levy the amount
due on a bond to keep the peace or for good behaviour.
o Explanation: This grants higher courts the power to direct the levy of amounts due on certain
bonds.
Example: Consider a scenario where a person is accused of a non-bailable offence and is arrested. The accused
applies for bail under Section 437. The court, after considering the circumstances, grants bail with conditions.
The accused executes a bond with sureties as required under Section 441. If the accused fails to appear in court,
the bond may be forfeited under Section 446, and the court may issue a warrant for the arrest of the accused
under Section 446A.

Explain the concept of anticipatory bail.

Section 438: Direction for Grant of Bail to Person Apprehending Arrest
Provision:
 Section 438(1): When any person has reason to believe that he may be arrested on an accusation of
having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a
direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest,
he shall be released on bail.
 Section 438(2): The High Court or the Court of Session may include such conditions in the direction
as it may think fit, including:
o (i) A condition that the person shall make himself available for interrogation by a police officer
as and when required.
o (ii) A condition that the person shall not, directly or indirectly, make any inducement, threat,
or promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
o (iii) A condition that the person shall not leave India without the previous permission of the
court.
o (iv) Such other conditions as may be imposed under sub-section (3) of section 437, as if the
bail were granted under that section.
 Section 438(3): If such person is thereafter arrested without warrant by an officer in charge of a police
station on such accusation, and is prepared either at the time of arrest or at any time while in the
custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance
of such offence decides that a warrant should issue in the first instance against that person, he shall
issue a bailable warrant in conformity with the direction of the court under sub-section (1).
Explanation of Anticipatory Bail
1. Purpose:
o Anticipatory bail is a pre-arrest legal process that allows an individual to seek bail in anticipation
of an arrest on accusation of having committed a non-bailable offence. It is a preventive
measure to protect individuals from unnecessary detention.
2. Application:
o An individual who anticipates arrest can apply for anticipatory bail to the High Court or the
Court of Session. The application must be supported by reasons indicating the likelihood of
arrest.
3. Conditions:
o The court may impose specific conditions while granting anticipatory bail to ensure that the
accused cooperates with the investigation and does not tamper with evidence or influence
witnesses. Common conditions include:
 Making oneself available for interrogation.
 Not making any inducement, threat, or promise to witnesses.
 Not leaving the country without court permission.
4. Effect of Granting Anticipatory Bail:
o If anticipatory bail is granted, the individual cannot be arrested by the police on the grounds
of the accusation for which the bail was granted. If the police arrest the individual, they must
release him on bail immediately.
5. Judicial Discretion:
o The grant of anticipatory bail is at the discretion of the court, which will consider factors such
as the nature and gravity of the accusation, the applicant's antecedents, the possibility of the
applicant fleeing from justice, and whether the accusation appears to be made with the
intention of injuring or humiliating the applicant.
Example: Consider a scenario where a person is falsely accused of embezzlement by a business rival. Fearing
arrest, the person applies for anticipatory bail to the High Court. The court, after considering the circumstances,
grants anticipatory bail with conditions that the person must cooperate with the investigation and not leave the
country without permission. If the police attempt to arrest the person, they must release him on bail as per the
court's direction.

Irregular Proceedings (Sections 460-466)

What are the consequences of irregular proceedings under the CrPC?
Consequences of Irregular Proceedings Under the CrPC (Sections 460-466)
 Page 47 of 71

The Code of Criminal Procedure, 1973 (CrPC) outlines the consequences of irregular proceedings to ensure that
procedural errors do not necessarily invalidate judicial actions unless they result in a miscarriage of justice. Here
is a simplified explanation of the relevant sections (460-466) for a student preparing for exams:
Key Provisions and Their Consequences
1. Section 460: Irregularities Which Do Not Vitiate Proceedings
o Provision: Lists specific irregularities that do not invalidate proceedings, provided they do not
cause a failure of justice. These include:
 Issuing a search-warrant by a Magistrate not empowered to do so.
 Ordering an investigation by a police officer not empowered to do so.
 Holding an inquest by a police officer not empowered to do so.
 Issuing an order under Section 144 by a Magistrate not empowered to do so.
 Ordering the detention of a person in custody under Section 167 by a Magistrate not
empowered to do so.
o Explanation: These irregularities do not vitiate (invalidate) proceedings unless they result in
a miscarriage of justice.
2. Section 461: Irregularities Which Vitiate Proceedings
o Provision: Lists specific irregularities that do invalidate proceedings. These include:
 Issuing a search-warrant for a document, parcel, or other thing in the custody of the
postal or telegraph authority.
 Ordering the detention of a person in custody for a term exceeding seven days under
Section 167.
 Making an order for maintenance under Section 125.
 Making an order under Section 133 as to a local nuisance.
 Making an order under Section 144.
 Making an order under Section 145.
o Explanation: These irregularities vitiate (invalidate) proceedings because they involve
significant procedural errors.
3. Section 462: Proceedings in Wrong Place
o Provision: If a court holds proceedings in a place other than where it is authorized to do so,
the proceedings are not invalidated unless it appears that the error has caused a failure of
justice.
o Explanation: This ensures that minor errors in the location of proceedings do not invalidate
the entire process unless they result in injustice.
4. Section 463: Non-Compliance with Provisions of Section 164 or Section 281
o Provision: If there is non-compliance with the provisions of Section 164 (recording of
confessions and statements) or Section 281 (record of examination of accused), the
proceedings are not invalidated unless it appears that the error has caused a failure of justice.
o Explanation: This ensures that minor procedural errors do not invalidate the proceedings
unless they result in injustice.
5. Section 464: Effect of Omission to Frame, or Absence of, or Error in, Charge
o Provision: An omission to frame a charge, or any error in the charge, does not invalidate the
conviction unless it has caused a failure of justice. The court may order a new trial or alter the
charge to meet the ends of justice.
o Explanation: This ensures that errors related to charges do not invalidate the proceedings
unless they result in injustice.
6. Section 465: Finding or Sentence When Reversible by Reason of Error, Omission, or
Irregularity
o Provision: No finding, sentence, or order passed by a court of competent jurisdiction shall be
reversed or altered on account of any error, omission, or irregularity in the complaint,
summons, warrant, charge, proclamation, order, judgment, or other proceedings before or
during trial or in any inquiry or other proceedings under this Code, unless such error, omission,
or irregularity has in fact occasioned a failure of justice.
o Explanation: This ensures that minor procedural errors do not invalidate the proceedings
unless they result in injustice.
7. Section 466: Defect or Error Not to Make Attachment Unlawful
o Provision: Any defect or error in the attachment of property does not make the attachment
unlawful unless it has caused a failure of justice.
o Explanation: This ensures that minor errors in the attachment process do not invalidate the
proceedings unless they result in injustice.
Example: Consider a scenario where a Magistrate not empowered to issue a search warrant does so. According
to Section 460, this irregularity does not invalidate the proceedings unless it results in a miscarriage of justice.
However, if a Magistrate orders the detention of a person for more than seven days without proper authority, as
per Section 461, this irregularity vitiates the proceedings.
Summary for Exam Preparation
 Minor Irregularities (Section 460): Do not invalidate proceedings unless they cause a failure of
justice.
 Major Irregularities (Section 461): Invalidate proceedings due to significant procedural errors.
 Wrong Place (Section 462): Proceedings in the wrong place are not invalid unless they cause
injustice.
 Page 48 of 71

 Non-Compliance (Section 463): Non-compliance with Sections 164 or 281 does not invalidate
proceedings unless it causes injustice.
 Errors in Charges (Section 464): Errors or omissions in charges do not invalidate proceedings unless
they cause injustice.
 General Errors (Section 465): Minor errors do not invalidate proceedings unless they cause injustice.
 Attachment Errors (Section 466): Errors in attachment do not invalidate proceedings unless they
cause injustice.

Limitation for Taking Cognizance (Sections 467-473)

Discuss the limitation period for taking cognizance of offences under the CrPC.
Limitation for Taking Cognizance of Offences Under the CrPC (Sections 467-473)
The Code of Criminal Procedure, 1973 (CrPC) sets out specific time limits within which courts must take
cognizance of certain offences. These provisions ensure that legal proceedings are initiated within a reasonable
time frame, thereby promoting timely justice and preventing undue delay.
Key Provisions of Sections 467-473
1. Section 467: Definitions
o Provision: This section defines the terms "period of limitation" and "offence" for the purposes
of this Chapter.
o Explanation: The "period of limitation" refers to the time frame within which legal action must
be initiated, and "offence" includes any act or omission made punishable by any law for the
time being in force.
2. Section 468: Bar to Taking Cognizance After Lapse of the Period of Limitation
o Provision: This section specifies the time limits for taking cognizance of offences:
 Six months: If the offence is punishable with a fine only.
 One year: If the offence is punishable with imprisonment for a term not exceeding
one year.
 Three years: If the offence is punishable with imprisonment for a term exceeding
one year but not exceeding three years.
o Explanation: This section sets the maximum time limits within which the court must take
cognizance of offences based on the severity of the punishment.
3. Section 469: Commencement of the Period of Limitation
o Provision: The period of limitation commences:
 On the date of the offence.
 Where the commission of the offence was not known to the person aggrieved by the
offence or to any police officer, the first day on which such offence comes to the
knowledge of such person or to any police officer, whichever is earlier.
 Where it is not known by whom the offence was committed, the first day on which the
identity of the offender is known to the person aggrieved by the offence or to any
police officer making an investigation into the offence, whichever is earlier.
o Explanation: This section clarifies when the limitation period begins, ensuring that the time
frame for taking cognizance is calculated accurately.
4. Section 470: Exclusion of Time in Certain Cases
o Provision: This section provides for the exclusion of certain periods in computing the period
of limitation, such as:
 The time during which the offender has been absent from India or from any territory
outside India which is under the administration of the Central Government.
 The time during which the prosecution has been stayed by an injunction or order.
o Explanation: This ensures that the limitation period is extended in specific circumstances
where delays are beyond the control of the complainant.
5. Section 471: Exclusion of Date on Which Court is Closed
o Provision: If the period of limitation expires on a day when the court is closed, the court may
take cognizance on the day when the court reopens.
o Explanation: This provision ensures that the limitation period is not unfairly shortened due to
court holidays.
6. Section 472: Continuing Offence
o Provision: In the case of a continuing offence, a fresh period of limitation shall begin to run
at every moment of the time during which the offence continues.
o Explanation: This ensures that for offences that continue over a period of time, the limitation
period is extended accordingly.
7. Section 473: Extension of Period of Limitation in Certain Cases
o Provision: Notwithstanding anything contained in the foregoing provisions of this Chapter,
any court may take cognizance of an offence after the expiry of the period of limitation if it is
satisfied on the facts and in the circumstances of the case that the delay has been properly
explained or that it is necessary to do so in the interests of justice.
o Explanation: This section provides the court with the discretion to extend the limitation period
in cases where the delay is justified or necessary for justice.
Example: Consider a scenario where a person commits a minor offence punishable with a fine only. According
to Section 468, the court must take cognizance of the offence within six months from the date of the offence. If
the offence was not known to the aggrieved person or the police, the limitation period starts from the date it
 Page 49 of 71

comes to their knowledge (Section 469). If the offender was out of the country for a period, that time is excluded
from the limitation period (Section 470). If the offence is a continuing one, such as ongoing environmental
pollution, the limitation period is extended as long as the offence continues (Section 472). If there is a justified
delay in filing the complaint, the court may extend the limitation period in the interests of justice (Section 473).
Summary for Exam Preparation
 Section 467: Defines "period of limitation" and "offence."
 Section 468: Sets time limits for taking cognizance based on the severity of the offence.
 Section 469: Specifies when the limitation period begins.
 Section 470: Excludes certain periods from the limitation period.
 Section 471: Excludes court holidays from the limitation period.
 Section 472: Extends the limitation period for continuing offences.
 Section 473: Allows the court to extend the limitation period in the interests of justice.

Module 4: Juvenile Justice (Care and Protection of Children) Act, 2015

Preliminary and General Principles of Care and Protection of Children (Chapters I & II)
Explain the general principles of care and protection of children under the Juvenile Justice Act.
General Principles of Care and Protection of Children under the Juvenile Justice (Care and Protection
of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, is a comprehensive legislation aimed at
addressing the needs of children in conflict with the law and children in need of care and protection. The Act is
designed to ensure that children are treated with dignity and respect, and that their rights are protected
throughout the judicial process. Below is an explanation of the general principles of care and protection of children
as outlined in Chapters I and II of the Act.
Chapter I: Preliminary
Section 1: Short title, extent, commencement, and application
 The Act is called the Juvenile Justice (Care and Protection of Children) Act, 2015.
 It extends to the whole of India.
 It came into force on January 15, 2016.
 The Act applies to all matters concerning children in need of care and protection and children in conflict
with the law.
Section 2: Definitions
 This section provides definitions for various terms used in the Act, such as "child," "child in conflict with
law," "child in need of care and protection," "adoption," and others.
Chapter II: General Principles of Care and Protection of Children
Section 3: General principles to be followed in administration of Act
The Act outlines several fundamental principles that must guide the implementation of its provisions. These
principles ensure that the best interests of the child are always prioritized. The key principles are:
1. Principle of presumption of innocence: Any child shall be presumed to be innocent of any mala fide
or criminal intent up to the age of eighteen years.
2. Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.
3. Principle of participation: Every child has the right to be heard and to participate in all processes and
decisions affecting their interest. The child's views should be considered with due regard to their age
and maturity.
4. Principle of best interest: All decisions regarding the child should be based on the primary
consideration that they are in the best interest of the child and help the child develop their full potential.
5. Principle of family responsibility: The primary responsibility of care, nurture, and protection of the
child lies with the biological family, adoptive parents, or foster parents, as the case may be.
6. Principle of safety: All measures should be taken to ensure that the child is safe and not subjected to
any harm, abuse, or maltreatment while in contact with the care and protection system, and thereafter.
7. Positive measures: All resources, including those of family and community, should be mobilized to
promote the well-being, facilitate the development of identity, and provide an inclusive and enabling
environment to reduce vulnerabilities of children and the need for intervention under this Act.
8. Principle of non-stigmatizing semantics: Adversarial or accusatory words should not be used in
processes pertaining to a child.
9. Principle of non-waiver of rights: No waiver of any of the child's rights is permissible or valid,
whether sought by the child, a person acting on behalf of the child, or a Board or Committee. Non-
exercise of a fundamental right does not amount to waiver.
10. Principle of equality and non-discrimination: There should be no discrimination against a child on
any grounds, including sex, caste, ethnicity, place of birth, disability, and equality of access, opportunity,
and treatment should be provided to every child.
11. Principle of right to privacy and confidentiality: Every child has the right to protection of their
privacy and confidentiality by all means and throughout the judicial process.
12. Principle of institutionalization as a measure of last resort: A child should be placed in
institutional care as a last resort after making a reasonable inquiry.
13. Principle of repatriation and restoration: Every child in the juvenile justice system has the right to
be reunited with their family at the earliest and to be restored to the same socio-economic and cultural
status they were in before coming under the purview of this Act, unless such restoration and repatriation
is not in their best interest.
 Page 50 of 71

14. Principle of fresh start: All past records of any child under the Juvenile Justice system should be
erased except in special circumstances.
15. Principle of diversion: Measures for dealing with children in conflict with law without resorting to
judicial proceedings should be promoted unless it is in the best interest of the child or society as a
whole.
16. Principles of natural justice: Basic procedural standards of fairness should be adhered to, including
the right to a fair hearing, rule against bias, and the right to review, by all persons or bodies acting in
a judicial capacity under this Act.
Juvenile Justice Board (Chapter III)
Discuss the constitution and powers of the Juvenile Justice Board.
Constitution of the Juvenile Justice Board
The Juvenile Justice (Care and Protection of Children) Act, 2015, mandates the establishment of Juvenile Justice
Boards (JJB) to handle cases involving children in conflict with the law. The constitution of the JJB is detailed in
Section 4 of the Act.
1. Establishment:
o The State Government is required to constitute one or more Juvenile Justice Boards for each
district.
o The JJB is responsible for exercising powers and discharging functions related to children in
conflict with the law.
2. Composition:
o The Board consists of a Metropolitan Magistrate or a Judicial Magistrate of the First Class
(referred to as the Principal Magistrate) with at least three years of experience.
o Two social workers, of whom at least one must be a woman, are also part of the Board. These
social workers should have been actively involved in health, education, or welfare activities
pertaining to children for at least seven years or be practicing professionals with a degree in
child psychology, psychiatry, sociology, or law.
3. Eligibility:
o Individuals with a past record of human rights or child rights violations, those convicted of an
offence involving moral turpitude, those removed or dismissed from government service, or
those involved in child abuse or employment of child labor are ineligible for selection as
members of the Board.
4. Training and Sensitization:
o The State Government must ensure that all members, including the Principal Magistrate,
receive induction training and sensitization on care, protection, rehabilitation, legal provisions,
and justice for children within sixty days of their appointment.
5. Term and Termination:
o The term of office for the members of the Board and the manner of resignation are prescribed
by the State Government.
o The appointment of any member, except the Principal Magistrate, can be terminated after an
inquiry by the State Government if they misuse their power, fail to attend proceedings
consecutively for three months without valid reason, fail to attend at least three-fourths of the
sittings in a year, or become ineligible during their term.
Powers, Functions, and Responsibilities of the Juvenile Justice Board
The powers, functions, and responsibilities of the Juvenile Justice Board are outlined in Section 8 of the Act.
1. Exclusive Jurisdiction:
o The JJB has the exclusive power to deal with all proceedings under the Act relating to children
in conflict with the law within its jurisdiction.
2. Functions and Responsibilities:
o Informed Participation: Ensuring the informed participation of the child and the parent or
guardian in every step of the process.
o Protection of Rights: Ensuring that the child's rights are protected throughout the process
of apprehending the child, inquiry, aftercare, and rehabilitation.
o Legal Aid: Ensuring the availability of legal aid for the child through legal services institutions.
o Interpreter or Translator: Providing an interpreter or translator if the child fails to
understand the language used in the proceedings.
o Social Investigation: Directing the Probation Officer or a Child Welfare Officer or social
worker to undertake a social investigation and submit a report within fifteen days from the
date of first production before the Board.
o Adjudication and Disposal: Adjudicating and disposing of cases of children in conflict with
the law in accordance with the process of inquiry specified in Section 14.
o Transfer to Committee: Transferring matters concerning the child to the Child Welfare
Committee if the child is found to be in need of care and protection.
o Individual Care Plan: Disposing of the matter and passing a final order that includes an
individual care plan for the child's rehabilitation.
o Fit Persons and Facilities: Conducting inquiries for declaring fit persons and facilities for the
care of children in conflict with the law.
o Inspection Visits: Conducting at least one inspection visit every month of residential facilities
for children in conflict with the law and recommending action for improvement.
o FIR Registration: Ordering the police to register a First Information Report (FIR) for offences
committed against any child in conflict with the law or in need of care and protection.
 Page 51 of 71

o Inspection of Jails: Conducting regular inspections of jails meant for adults to check if any
child is lodged there and taking immediate measures for their transfer to an observation home
or place of safety.
Procedure in Relation to Children in Conflict with Law (Chapter IV)
Explain the procedure in relation to children in conflict with law.
The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a detailed procedure for handling cases
involving children in conflict with the law. This procedure is designed to ensure that children are treated with
dignity and their rights are protected throughout the judicial process. Below is an explanation of the procedure
as outlined in Chapter IV of the Act.
Apprehension of Child Alleged to be in Conflict with Law (Section 10)
1. Apprehension:
o When a child alleged to be in conflict with the law is apprehended by the police, the child must
be placed under the charge of the special juvenile police unit or the designated child welfare
police officer.
o The child must be produced before the Juvenile Justice Board (JJB) without any loss of time,
but within 24 hours of apprehension, excluding the time necessary for the journey from the
place of apprehension to the Board.
o Under no circumstances should the child be placed in a police lockup or jail.
2. Rules for Production:
o The State Government must make rules to provide for persons (including registered voluntary
or non-governmental organizations) through whom any child alleged to be in conflict with the
law may be produced before the Board.
o The manner in which the child may be sent to an observation home or place of safety must
also be prescribed.
Role of Person in Whose Charge Child is Placed (Section 11)
 Any person in whose charge a child in conflict with the law is placed has the responsibility of the child
as if they were the child's parent, responsible for the child's maintenance.
 The child must remain in such person's charge for the period stated by the Board, even if claimed by
the parents or any other person, unless the Board deems the parent or other person fit to exercise
charge over the child.
Bail to a Person Who is Apparently a Child (Section 12)
1. Bail Provisions:
o A child alleged to have committed a bailable or non-bailable offence must be released on bail
with or without surety or placed under the supervision of a probation officer or a fit person.
o Bail may be denied if there are reasonable grounds to believe that the release is likely to bring
the child into association with any known criminal, expose the child to moral, physical, or
psychological danger, or if the release would defeat the ends of justice. The Board must record
the reasons for denying bail.
2. Detention:
o If the child is not released on bail by the officer-in-charge of the police station, the child must
be kept in an observation home or a place of safety until brought before the Board.
o If the Board denies bail, it must order the child to be sent to an observation home or place of
safety during the pendency of the inquiry.
3. Modification of Bail Conditions:
o If a child is unable to fulfill the conditions of the bail order within seven days, the child must
be produced before the Board for modification of the conditions.
Information to Parents, Guardian, or Probation Officer (Section 13)
 The designated Child Welfare Police Officer or the special juvenile police unit must inform the child's
parent or guardian and direct them to be present at the Board.
 The probation officer or a Child Welfare Officer must prepare and submit a social investigation report
within two weeks to assist the Board in making the inquiry.
Inquiry by Board Regarding Child in Conflict with Law (Section 14)
1. Conducting Inquiry:
o The Board must hold an inquiry in accordance with the Act and may pass orders as deemed fit
under Sections 17 and 18.
o The inquiry must be completed within four months from the date of first production before the
Board, extendable by two more months if necessary.
2. Preliminary Assessment for Heinous Offences:
o A preliminary assessment for heinous offences must be completed within three months from
the date of first production.
3. Steps for Fair and Speedy Inquiry:
o Ensure the child has not been subjected to ill-treatment.
o Conduct proceedings in a child-friendly manner.
o Allow the child to be heard and participate in the inquiry.
o Dispose of petty offences through summary proceedings.
o Follow the procedure for trial in summons cases for serious offences.
o For heinous offences, follow the procedure based on the child's age at the time of the offence.
Preliminary Assessment into Heinous Offences by Board (Section 15)
 Page 52 of 71

 For heinous offences committed by children above 16 years, the Board must conduct a preliminary
assessment regarding the child's mental and physical capacity to commit the offence, ability to
understand the consequences, and the circumstances of the offence.
 The Board may take assistance from psychologists or other experts.
 The assessment is not a trial but to determine the child's capacity.
Review of Pendency of Inquiry (Section 16)
 The Chief Judicial Magistrate or Chief Metropolitan Magistrate must review the pendency of cases every
three months and direct the Board to increase sittings or recommend additional Boards if necessary.
 A high-level committee must review the pendency every six months and take necessary actions.
Orders Regarding a Child Not Found to be in Conflict with Law (Section 17)
 If the Board finds that the child has not committed any offence, it must pass an order to that effect.
 If the child is in need of care and protection, the Board may refer the child to the Child Welfare
Committee.
Orders Regarding Child Found to be in Conflict with Law (Section 18)
 The Board may pass various orders based on the nature of the offence, the child's need for supervision,
and the circumstances, including:
o Allowing the child to go home after advice or admonition.
o Directing the child to participate in group counseling.
o Ordering community service.
o Releasing the child on probation of good conduct.
o Sending the child to a special home for reformative services.
Powers of Children’s Court (Section 19)
 The Children’s Court may decide whether a child above 16 years should be tried as an adult based on
the preliminary assessment.
 The Court must ensure a child-friendly atmosphere and provide an individual care plan for rehabilitation.
Child Attained Age of Twenty-One Years (Section 20)
 When a child in conflict with the law attains 21 years and is yet to complete the term of stay, the
Children’s Court must evaluate if the child has undergone reformative changes and decide on release
or continuation in jail.
Children Welfare Committee (Chapter V)
What are the functions and powers of the Child Welfare Committee?
Functions and Powers of the Child Welfare Committee under the Juvenile Justice (Care and Protection
of Children) Act, 2015
The Child Welfare Committee (CWC) is a statutory body established under the Juvenile Justice (Care and
Protection of Children) Act, 2015, to ensure the care, protection, treatment, development, and rehabilitation of
children in need of care and protection. The functions and powers of the CWC are detailed in Chapter V of the
Act.
Constitution of the Child Welfare Committee
Section 27: Child Welfare Committee
 The State Government is required to constitute one or more CWCs for each district.
 Each CWC consists of a Chairperson and four other members, including at least one woman and an
expert on child-related matters.
 Members must have a degree in child psychology, psychiatry, law, social work, sociology, human health,
education, or human development and at least seven years of experience in child welfare activities.
Functions and Responsibilities of the Child Welfare Committee
Section 30: Functions and Responsibilities of Committee
The CWC has several key functions and responsibilities, which include:
1. Taking Cognizance and Receiving Children:
o The CWC takes cognizance of and receives children produced before it.
2. Conducting Inquiries:
o The CWC conducts inquiries on all issues relating to and affecting the safety and well-being of
children under the Act.
3. Directing Social Investigations:
o The CWC directs Child Welfare Officers, probation officers, District Child Protection Units, or
non-governmental organizations to conduct social investigations and submit reports.
4. Declaring Fit Persons:
o The CWC conducts inquiries to declare fit persons for the care of children in need of care and
protection.
5. Directing Placement in Foster Care:
o The CWC directs the placement of children in foster care.
6. Ensuring Care and Rehabilitation:
o The CWC ensures the care, protection, appropriate rehabilitation, or restoration of children
based on individual care plans and passes necessary directions to parents, guardians, fit
persons, children’s homes, or fit facilities.
7. Selecting Registered Institutions:
o The CWC selects registered institutions for the placement of children requiring institutional
support, considering the child’s age, gender, disability, needs, and the institution's capacity.
8. Inspecting Residential Facilities:
 Page 53 of 71

o The CWC conducts at least two inspection visits per month of residential facilities for children
in need of care and protection and recommends actions for improving the quality of services.
9. Certifying Surrender Deeds:
o The CWC certifies the execution of surrender deeds by parents and ensures they are given time
to reconsider their decision, making all efforts to keep the family together.
10. Restoring Abandoned or Lost Children:
o The CWC ensures all efforts are made to restore abandoned or lost children to their families
following due process.
11. Declaring Children Legally Free for Adoption:
o The CWC declares orphaned, abandoned, and surrendered children legally free for adoption
after due inquiry.
12. Taking Suo Motu Cognizance:
o The CWC takes suo motu cognizance of cases and reaches out to children in need of care and
protection who are not produced before the Committee.
13. Rehabilitating Sexually Abused Children:
o The CWC takes action for the rehabilitation of sexually abused children reported as children in
need of care and protection.
14. Coordinating with Other Agencies:
o The CWC coordinates with the police, labor department, and other agencies involved in child
care and protection with the support of the District Child Protection Unit or the State
Government.
15. Handling Complaints of Abuse:
o The CWC conducts inquiries into complaints of abuse of children in child care institutions and
gives directions to the police, District Child Protection Unit, labor department, or childline
services.
16. Accessing Legal Services:
o The CWC ensures appropriate legal services are accessed for children.
17. Other Functions:
o The CWC performs any other functions and responsibilities as may be prescribed.
Powers of the Child Welfare Committee
Section 29: Powers of Committee
1. Authority to Dispose of Cases:
o The CWC has the authority to dispose of cases for the care, protection, treatment,
development, and rehabilitation of children in need of care and protection and to provide for
their basic needs and protection.
2. Exclusive Jurisdiction:
o The CWC has the exclusive power to deal with all proceedings under the Act relating to children
in need of care and protection within its jurisdiction.
Procedure in Relation to Children in Need of Care and Protection (Chapter VI)
Discuss the procedure for dealing with children in need of care and protection.
Procedure for Dealing with Children in Need of Care and Protection under the Juvenile Justice (Care
and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, outlines a detailed procedure for handling cases
involving children in need of care and protection. This procedure ensures that such children receive the necessary
care, protection, and rehabilitation. Below is an explanation of the procedure as outlined in Chapter VI of the
Act.
Production before Committee (Section 31)
1. Who Can Produce a Child:
o Any child in need of care and protection may be produced before the Child Welfare Committee
(CWC) by:
 Any police officer or special juvenile police unit or a designated Child Welfare Police
Officer.
 Any officer of the District Child Protection Unit.
 Any inspector appointed under any labor law.
 Any public servant.
 Childline Services or any recognized voluntary or non-governmental organization.
 Any social worker or a public-spirited citizen.
 The child himself.
 Any nurse, doctor, or management of a nursing home, hospital, or maternity home.
2. Time Frame:
o The child must be produced before the Committee without any loss of time but within 24 hours,
excluding the time necessary for the journey.
3. State Government Rules:
o The State Government may make rules consistent with the Act to provide for the manner of
submitting the report to the Committee and the manner of sending and entrusting the child to
a children’s home or fit facility or fit person during the period of inquiry.
Mandatory Reporting Regarding a Child Found Separated from Guardian (Section 32)
1. Reporting Requirement:
o Any individual or a police officer or any functionary of any organization or a nursing home or
hospital or maternity home, who finds and takes charge of a child who appears or claims to be
 Page 54 of 71

abandoned or lost, or a child who appears or claims to be an orphan without family support,
must give information to the Childline Services, the nearest police station, a Child Welfare
Committee, or the District Child Protection Unit within 24 hours, excluding the time necessary
for the journey.
2. Uploading Information:
o The information regarding such a child must be uploaded by the Committee, the District Child
Protection Unit, or the child care institution on a portal specified by the Central Government.
Offence of Non-Reporting and Penalty (Sections 33 and 34)
1. Non-Reporting:
o Failure to report information regarding a child as required under Section 32 is considered an
offence.
2. Penalty:
o Any person who commits the offence of non-reporting is liable to imprisonment up to six
months or a fine of ten thousand rupees or both.
Surrender of Children (Section 35)
1. Surrender Process:
o A parent or guardian who wishes to surrender a child due to physical, emotional, and social
factors beyond their control must produce the child before the Committee.
2. Inquiry and Counselling:
o After the prescribed process of inquiry and counselling, if the Committee is satisfied, a
surrender deed must be executed by the parent or guardian.
3. Reconsideration Period:
o The parents or guardian who surrendered the child are given two months to reconsider their
decision. During this period, the Committee may allow the child to stay with the parents or
guardian under supervision or place the child in a Specialised Adoption Agency (if below six
years of age) or a children’s home (if above six years).
Inquiry (Section 36)
1. Conducting Inquiry:
o Upon the production of a child or receipt of a report, the Committee must hold an inquiry in
the prescribed manner and may pass an order to send the child to a children’s home, fit facility,
or fit person for speedy social investigation.
2. Social Investigation:
o The social investigation must be completed within 15 days to enable the Committee to pass a
final order within four months of the first production of the child.
3. Final Orders:
o After the inquiry, if the Committee finds that the child has no family or ostensible support or is
in continued need of care and protection, it may send the child to a Specialised Adoption Agency
(if below six years), children’s home, fit facility, or fit person until suitable means of
rehabilitation are found or until the child attains the age of 18 years.
4. Review of Placement:
o The situation of the child placed in a children’s home, fit facility, or with a fit person must be
reviewed by the Committee as prescribed.
5. Quarterly Reports:
o The Committee must submit a quarterly report on the nature of disposal of cases and pendency
of cases to the District Magistrate for review.
6. Remedial Measures:
o The District Magistrate must direct the Committee to address the pendency of cases and may
recommend the constitution of additional Committees if necessary.
Orders Regarding a Child in Need of Care and Protection (Section 37)
1. Types of Orders:
o The Committee may pass various orders, including:
 Declaration that the child is in need of care and protection.
 Restoration of the child to parents, guardian, or family with or without supervision.
 Placement of the child in a children’s home, fit facility, or Specialised Adoption Agency.
 Placement of the child with a fit person for long-term or temporary care.
 Foster care orders.
 Sponsorship orders.
 Directions regarding care, protection, and rehabilitation of the child.
 Declaration that the child is legally free for adoption.
Procedure for Declaring a Child Legally Free for Adoption (Section 38)
1. Efforts to Trace Parents:
o The Committee must make all efforts to trace the parents or guardians of an orphan or
abandoned child. If it is established that the child is an orphan or abandoned, the Committee
must declare the child legally free for adoption within two months (for children up to two years
of age) or four months (for children above two years of age).
2. Surrendered Child:
o For a surrendered child, the institution where the child is placed must bring the case before
the Committee immediately after the reconsideration period for declaring the child legally free
for adoption.
3. Special Cases:
 Page 55 of 71

o A child of mentally retarded parents or an unwanted child of a victim of sexual assault may be
declared free for adoption by the Committee following the prescribed procedure.
4. Decision by Committee Members:
o The decision to declare a child legally free for adoption must be taken by at least three members
of the Committee.
5. Monthly Reporting:
o The Committee must inform the District Magistrate, the State Agency, and the Authority
regarding the number of children declared legally free for adoption and the number of pending
cases every month.
Rehabilitation and Social Re-integration (Chapter VII)
Explain the provisions relating to the rehabilitation and social reintegration of children.
Provisions Relating to the Rehabilitation and Social Reintegration of Children under the Juvenile
Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a comprehensive framework for the
rehabilitation and social reintegration of children in conflict with the law and children in need of care and
protection. Chapter VII of the Act outlines the processes and services aimed at ensuring the holistic development
and reintegration of these children into society.
Process of Rehabilitation and Social Reintegration (Section 39)
1. Individual Care Plan:
o The rehabilitation and social reintegration process is based on an individual care plan tailored
to the needs of each child.
o The plan may include family-based care options such as restoration to family or guardian,
sponsorship, adoption, or foster care.
2. Family-Based Care:
o Efforts are made to keep siblings together in institutional or non-institutional care unless it is
in their best interest to be separated.
3. Children in Conflict with Law:
o For children in conflict with the law, rehabilitation and social reintegration are undertaken in
observation homes, special homes, places of safety, fit facilities, or with fit persons, as ordered
by the Juvenile Justice Board.
4. Children in Need of Care and Protection:
o Children in need of care and protection who are not placed in families may be placed in
registered institutions, fit facilities, or with fit persons on a temporary or long-term basis.
o The process of rehabilitation and social integration is carried out wherever the child is placed.
5. Support for Children Leaving Institutional Care:
o Children leaving institutional care or special homes upon attaining 18 years of age may be
provided with financial support to help them reintegrate into mainstream society.
Restoration of Child in Need of Care and Protection (Section 40)
1. Prime Objective:
o The primary objective of any Children’s Home, Specialised Adoption Agency, or open shelter is
the restoration and protection of a child deprived of their family environment.
2. Steps for Restoration:
o These institutions must take necessary steps for the restoration and protection of a child under
their care, whether temporarily or permanently.
3. Committee’s Powers:
o The Child Welfare Committee (CWC) has the power to restore any child in need of care and
protection to their parents, guardian, or fit person after determining their suitability to take
care of the child.
4. Definition of Restoration and Protection:
o Restoration and protection of a child include restoration to parents, adoptive parents, foster
parents, guardians, or fit persons.
Registration of Child Care Institutions (Section 41)
1. Mandatory Registration:
o All institutions, whether run by the State Government or voluntary/non-governmental
organizations, housing children in need of care and protection or children in conflict with law,
must be registered under this Act.
2. Provisional Registration:
o Institutions may be granted provisional registration for a maximum period of six months to
comply with the prescribed criteria for registration.
3. Renewal and Cancellation:
o Registration is valid for five years and subject to renewal. The State Government may cancel
or withhold registration if institutions fail to provide rehabilitation and reintegration services.
Penalty for Non-Registration of Child Care Institutions (Section 42)
 Institutions housing children in need of care and protection or children in conflict with law that fail to
register under this Act are subject to imprisonment up to one year, a fine of not less than one lakh
rupees, or both.
Open Shelter (Section 43)
1. Establishment and Maintenance:
o The State Government may establish and maintain open shelters through voluntary or non-
governmental organizations.
2. Function:
 Page 56 of 71

o Open shelters provide community-based, short-term residential support to protect children

from abuse or life on the streets.
3. Reporting:
o Open shelters must send monthly information about the children availing their services to the
District Child Protection Unit and the CWC.
Foster Care (Section 44)
1. Placement in Foster Care:
o Children in need of care and protection may be placed in foster care, including group foster
care, through orders of the CWC.
2. Criteria and Procedure:
o The procedure for placing children in foster care and the criteria for selecting foster families
are prescribed by the State Government.
3. Monitoring and Support:
o Foster care placements are monitored, and foster families are provided with necessary support
to ensure the well-being of the child.
Sponsorship (Section 45)
1. Sponsorship Programmes:
o Sponsorship programmes provide supplementary support to families, Children’s Homes, and
special homes to meet the medical, educational, and developmental needs of children.
2. Criteria for Sponsorship:
o Criteria include situations where the mother is a widow, divorced, or abandoned, children are
orphans living with extended family, parents are victims of life-threatening diseases, or parents
are incapacitated due to accidents.
3. Duration and Support:
o The duration of sponsorship and the type of support provided are prescribed by the State
Government.
Aftercare of Children Leaving Child Care Institutions (Section 46)
 Children leaving child care institutions upon completing 18 years of age may receive financial support
to facilitate their reintegration into mainstream society.
Observation Homes (Section 47)
1. Establishment and Maintenance:
o The State Government must establish and maintain observation homes for the temporary
reception, care, and rehabilitation of children alleged to be in conflict with law during the
pendency of any inquiry.
2. Management and Monitoring:
o The management and monitoring of observation homes, including the standards and services
provided, are prescribed by the State Government.
Special Homes (Section 48)
1. Establishment and Maintenance:
o The State Government may establish and maintain special homes for the rehabilitation of
children in conflict with law who are found to have committed an offence.
2. Management and Monitoring:
o The management and monitoring of special homes, including the standards and services
provided, are prescribed by the State Government.
Place of Safety (Section 49)
1. Establishment:
o The State Government must set up at least one place of safety in the State for children in
conflict with law aged 16 to 18 years accused or convicted of heinous offences.
2. Facilities and Services:
o Places of safety must have separate arrangements for children during the inquiry process and
those convicted of offences. The facilities and services provided are prescribed by the State
Government.
Children’s Home (Section 50)
1. Establishment and Maintenance:
o The State Government may establish and maintain Children’s Homes for the placement of
children in need of care and protection.
2. Specialized Services:
o Children’s Homes may be designated as fit for children with special needs, delivering specialized
services as required.
3. Management and Monitoring:
o The management and monitoring of Children’s Homes, including the standards and services
provided, are prescribed by the State Government.
Fit Facility and Fit Person (Sections 51 and 52)
1. Recognition:
o The Board or the CWC may recognize facilities or persons as fit to temporarily take
responsibility for a child after due inquiry regarding their suitability.
2. Withdrawal of Recognition:
o Recognition may be withdrawn for reasons recorded in writing.
Rehabilitation and Re-integration Services (Section 53)
1. Services Provided:
 Page 57 of 71

o Institutions registered under the Act must provide services for the rehabilitation and
reintegration of children, including:
 Basic requirements such as food, shelter, clothing, and medical attention.
 Equipment for children with special needs.
 Appropriate education, including special education.
 Skill development and occupational therapy.
 Mental health interventions and counseling.
 Recreational activities.
 Legal aid and referral services.
 Case management and follow-up of individual care plans.
 Birth registration and assistance in obtaining proof of identity.
2. Management Committee:
o Every institution must have a Management Committee to manage the institution and monitor
the progress of each child.
3. Children’s Committees:
o Institutions housing children above six years of age must facilitate the setting up of children’s
committees to participate in activities for their safety and well-being.
Inspection of Institutions (Section 54)
1. Appointment of Inspection Committees:
o The State Government must appoint inspection committees for the State and district to inspect
all registered or recognized institutions.
2. Frequency of Inspections:
o Inspection committees must conduct visits at least once every three months and submit reports
to the District Magistrate for further action.
Evaluation of Functioning of Structures (Section 55)
1. Independent Evaluation:
o The Central or State Government, or the District Magistrate, may independently evaluate the
functioning of the Board, CWC, special juvenile police units, registered institutions, or
recognized fit facilities and persons.
2. Prevailing Evaluation:
o If both the Central and State Governments conduct evaluations, the evaluation by the Central
Government prevails.
Adoption (Chapter VIII)
Discuss the process and legal requirements for adoption under the Juvenile Justice Act.
Process and Legal Requirements for Adoption under the Juvenile Justice (Care and Protection of
Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a comprehensive framework for the
adoption of orphaned, abandoned, and surrendered children in India. The Act ensures that the adoption process
is transparent, efficient, and in the best interest of the child. Below is a detailed explanation of the process and
legal requirements for adoption under Chapter VIII of the Act.
Eligibility of Prospective Adoptive Parents (Section 57)
1. General Eligibility:
o Prospective adoptive parents (PAPs) must be physically fit, financially sound, mentally stable,
and highly motivated to adopt a child.
o The consent of both spouses is required if the PAPs are married.
o Single or divorced individuals can also adopt, subject to guidelines framed by the Central
Adoption Resource Authority (CARA).
o A single male is not permitted to adopt a female child.
2. Additional Criteria:
o PAPs must fulfill any additional criteria specified by CARA, which may include age, marital
status, and other factors.
Procedure for Adoption (Sections 58-61)
Section 58: Procedure for Adoption by Indian Prospective Adoptive Parents Living in India
1. Application to Specialised Adoption Agency (SAA):
o PAPs must apply to a Specialised Adoption Agency (SAA) through the Child Adoption Resource
Information and Guidance System (CARINGS).
2. Home Study Report:
o The SAA conducts a Home Study Report (HSR) to assess the suitability of the PAPs. The HSR
is valid for three years.
3. Referral of Child:
o Based on the seniority of registration, PAPs are referred to the profiles of three children,
including their photographs, Child Study Report (CSR), and Medical Examination Report (MER).
4. Acceptance and Pre-Adoption Foster Care:
o PAPs have 48 hours to reserve a child. Upon acceptance, they sign the CSR and MER and the
child is placed in pre-adoption foster care.
5. Court Order:
o The SAA files an application in the court for an adoption order. The court must dispose of the
application within two months.
6. Birth Certificate:
o The SAA applies for a birth certificate for the child with the name of the adoptive parents.
 Page 58 of 71

Section 59: Procedure for Inter-Country Adoption of an Indian Child

1. Application by Foreign PAPs:
o Foreign PAPs must apply through an Authorised Foreign Adoption Agency (AFAA) or the Central
Authority of their country.
2. Home Study Report:
o The AFAA conducts a Home Study Report and registers the PAPs in CARINGS.
3. Referral and Acceptance:
o The AFAA refers the profiles of two children to the PAPs, who have 96 hours to reserve a child.
4. No Objection Certificate (NOC):
o The AFAA forwards the documents to the SAA, which applies for an NOC from CARA.
5. Pre-Adoption Foster Care:
o The child may be placed in pre-adoption foster care in India pending the court order.
6. Court Order and Travel:
o The SAA files an application in the court for an adoption order. Upon issuance, the child receives
a passport and visa to travel to the receiving country.
Section 60: Procedure for Adoption by Relative
1. Consent and Application:
o The biological parents or guardians must consent to the adoption. PAPs file an application in
the competent court with the consent letter and necessary documents.
2. Court Order:
o The court issues an adoption order, which must be updated in CARINGS.
Section 61: Court Procedure
1. In-Camera Proceedings:
o Adoption proceedings are held in-camera to protect the privacy of the child and the PAPs.
2. Time Frame:
o The court must dispose of the adoption application within two months.
Legal Effects of Adoption (Section 63)
1. Legal Status:
o Upon issuance of the adoption order, the child legally becomes the child of the adoptive
parents, severing all ties with the biological family.
2. Inheritance Rights:
o The adopted child has the same rights as a biological child, including inheritance rights.
3. Property Ownership:
o Any property owned by the child before adoption remains with the child, subject to any
obligations attached to it.
Reporting and Monitoring (Section 64)
1. Monthly Reporting:
o All adoption orders must be reported to CARA on a monthly basis to maintain comprehensive
adoption data.
2. Post-Adoption Follow-Up:
o The SAA or AFAA conducts follow-up visits for two years to monitor the child's well-being.
Punitive Measures (Section 80)
1. Non-Compliance:
o Any individual or organization that offers, gives, or receives a child for adoption without
following the prescribed procedures is liable to punishment, including imprisonment up to three
years, a fine of one lakh rupees, or both.
Significant Changes in The Bharatiya Nagarik Suraksha Sanhita, 2023
As of now, the Bharatiya Nagarik Suraksha Sanhita, 2023, is not yet in force and is expected to be effective from
July 1, 2024. Any significant changes relevant to the Juvenile Justice (Care and Protection of Children) Act, 2015,
will be covered in subsequent answers once the new Sanhita is in effect and its provisions are fully analyzed.
Other Offences Against Children (Chapter IX)
What are the various offences against children under the Juvenile Justice Act?
Offences Against Children under the Juvenile Justice (Care and Protection of Children) Act, 2015
(Chapter IX)
Chapter IX of the Juvenile Justice (Care and Protection of Children) Act, 2015, outlines various offences against
children and the corresponding penalties. These provisions are designed to protect children from abuse,
exploitation, and other forms of harm. Below is a detailed explanation of the offences against children as specified
in Sections 74 to 89 of the Act.
Section 74: Prohibition on Disclosure of Identity of Children
1. Prohibition:
o No report in any newspaper, magazine, news-sheet, or visual media regarding any inquiry or
investigation or judicial procedure shall disclose the name, address, or school or any other
particulars that may lead to the identification of a child in conflict with law or a child in need of
care and protection.
o This includes the publication of photographs that may lead to the identification of the child.
2. Penalty:
o Violation of this provision is punishable with imprisonment up to six months or a fine up to two
lakh rupees, or both.
Section 75: Punishment for Cruelty to Child
1. Offence:
 Page 59 of 71

o Any person having the actual charge of, or control over, a child, assaults, abandons, abuses,
exposes, or willfully neglects the child, causing or likely to cause unnecessary mental or
physical suffering.
2. Penalty:
o Imprisonment up to three years or a fine of one lakh rupees, or both.
o If the offence is committed by an employee of a child care institution, the penalty is
imprisonment up to five years and a fine of five lakh rupees.
Section 76: Employment of Child for Begging
1. Offence:
o Employing or using a child for the purpose of begging or causing a child to beg.
2. Penalty:
o Imprisonment up to five years and a fine of one lakh rupees.
o If the offence is committed by a person having actual charge of the child, the penalty is
imprisonment up to ten years and a fine of five lakh rupees.
Section 77: Penalty for Giving Intoxicating Liquor or Narcotic Drug or Psychotropic Substance to a
Child
1. Offence:
o Giving or causing to be given to any child any intoxicating liquor, narcotic drug, or psychotropic
substance, except on the order of a duly qualified medical practitioner.
2. Penalty:
o Imprisonment up to seven years and a fine of one lakh rupees.
Section 78: Exploitation of a Child Employee
1. Offence:
o Exploiting a child employee by any person under whose control the child is employed.
2. Penalty:
o Imprisonment up to five years and a fine of one lakh rupees.
Section 79: Use of Child by Militant Groups or Other Adults
1. Offence:
o Using a child for any purpose by militant groups or other adults.
2. Penalty:
o Imprisonment up to seven years and a fine of five lakh rupees.
Section 80: Kidnapping and Abduction of Child
1. Offence:
o Kidnapping or abducting a child with the intention of extorting ransom or for any other unlawful
purpose.
2. Penalty:
o Imprisonment up to seven years and a fine of five lakh rupees.
Section 81: Sale and Procurement of Children for Any Purpose
1. Offence:
o Selling or procuring a child for any purpose.
2. Penalty:
o Imprisonment up to five years and a fine of one lakh rupees.
Section 82: Corporal Punishment
1. Offence:
o Inflicting corporal punishment on a child in a child care institution.
2. Penalty:
o Imprisonment up to six months or a fine of ten thousand rupees, or both.
o For subsequent offences, imprisonment up to three years and a fine of fifty thousand rupees.
Section 83: Use of Child for Pornographic Purposes and Punishment Therefor
1. Offence:
o Using a child for pornographic purposes.
2. Penalty:
o Imprisonment up to five years and a fine of five lakh rupees.
o For subsequent offences, imprisonment up to seven years and a fine of ten lakh rupees.
Section 84: Abetment
1. Offence:
o Abetting any offence against a child under this Act.
2. Penalty:
o The same punishment as for the offence abetted.
Section 85: Alternative Punishment
1. Provision:
o If an act or omission constitutes an offence punishable under this Act and any other law, the
offender shall be liable to be punished under the law providing for the greater punishment.
Section 86: Offence Committed by Child Care Institution
1. Offence:
o Any offence committed by a child care institution or any person in charge of or employed in
such institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Section 87: Offence Committed by Any Person in Charge of or Employed in a Child Care Institution
 Page 60 of 71

1. Offence:
o Any offence committed by any person in charge of or employed in a child care institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Section 88: Offence Committed by Any Person Not in Charge of or Employed in a Child Care Institution
1. Offence:
o Any offence committed by any person not in charge of or employed in a child care institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Section 89: Offence Committed by Any Person in Charge of or Employed in a Child Care Institution
1. Offence:
o Any offence committed by any person in charge of or employed in a child care institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Miscellaneous Provisions (Chapter X)
Explain the miscellaneous provisions under the Juvenile Justice Act.
Miscellaneous Provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015
(Chapter X)
Chapter X of the Juvenile Justice (Care and Protection of Children) Act, 2015, encompasses various miscellaneous
provisions that address different aspects of the Act's implementation and enforcement. These provisions are
designed to ensure the effective functioning of the juvenile justice system and the protection of children's rights.
Below is a detailed explanation of the miscellaneous provisions as outlined in Sections 90 to 112 of the Act.
Section 90: Attendance of Parent or Guardian
 Requirement: Any competent authority before which a child is brought under any provision of this Act
may require the parent or guardian having actual charge of the child to be present at any proceeding
in respect of the child.
Section 91: Dispensing with Attendance of Child
 Provision: If, at any stage during the course of an inquiry, a competent authority is satisfied that the
attendance of the child is not essential for the purpose of inquiry, it may dispense with the child's
attendance and proceed with the inquiry in the child's absence.
Section 92: Placement of a Child Suffering from Disease Requiring Prolonged Medical Treatment
 Provision: When a child brought before a competent authority is found to be suffering from a disease
requiring prolonged medical treatment, the authority may send the child to an approved place for the
necessary treatment.
Section 93: Transfer of a Child Who is Mentally Ill or Addicted to Alcohol or Other Drugs
 Provision: A child found to be mentally ill or addicted to alcohol or other drugs may be transferred to
a recognized mental health institution or de-addiction center for treatment.
Section 94: Presumption and Determination of Age
 Provision: The competent authority must make due inquiry to determine the age of a person brought
before it and record a finding on the age. The age recorded by the authority is deemed to be the true
age of the person for the purposes of this Act.
Section 95: Transfer of a Child to Place of Residence
 Provision: A child whose ordinary place of residence lies outside the jurisdiction of the competent
authority may be transferred to a relative or fit person willing to receive the child at the place of
residence.
Section 96: Transfer of Child Between Homes or Fit Facilities
 Provision: A child may be transferred between Children’s Homes, special homes, fit facilities, or fit
persons in different parts of India as deemed necessary by the competent authority.
Section 97: Release of a Child from an Institution
 Provision: The competent authority may order the release of a child from an institution if it is satisfied
that the child can be restored to their family or guardian.
Section 98: Leave of Absence to a Child Placed in an Institution
 Provision: The competent authority may grant leave of absence to a child placed in an institution for
a specified period under certain conditions.
Section 99: Reports to be Treated as Confidential
 Provision: Reports of probation officers or social workers considered by the competent authority must
be treated as confidential. The authority may communicate the substance of the report to the child or
their parent or guardian if deemed necessary.
Section 100: Protection of Action Taken in Good Faith
 Provision: No suit, prosecution, or other legal proceeding shall lie against any person for anything done
in good faith under this Act.
Section 101: Procedure in Inquiries, Appeals, and Revision Proceedings
 Provision: The procedure for inquiries, appeals, and revision proceedings under this Act must be in
accordance with the rules prescribed by the State Government.
Section 102: Power of the Committee or the Board to Amend Its Own Orders
 Provision: The Child Welfare Committee or the Juvenile Justice Board has the power to amend its own
orders to correct any clerical or arithmetical errors.
Section 103: Juvenile Justice Fund
 Page 61 of 71

 Provision: The State Government may create a Juvenile Justice Fund for the welfare and rehabilitation
of children dealt with under this Act.
Section 104: State Child Protection Society and District Child Protection Unit
 Provision: The State Government must establish a State Child Protection Society and District Child
Protection Units to implement the provisions of this Act.
Section 105: Child Welfare Police Officer and Special Juvenile Police Unit
 Provision: The State Government must designate Child Welfare Police Officers and establish Special
Juvenile Police Units to handle cases involving children.
Section 106: Public Awareness on Provisions of Act
 Provision: The State Government must take measures to create public awareness about the provisions
of this Act.
Section 107: Monitoring of Implementation of Act
 Provision: The National Commission for Protection of Child Rights or the State Commission for
Protection of Child Rights must monitor the implementation of this Act.
Section 108: Power to Make Rules
 Provision: The Central Government and the State Governments have the power to make rules for
carrying out the purposes of this Act.
Section 109: Power to Remove Difficulties
 Provision: If any difficulty arises in giving effect to the provisions of this Act, the Central Government
may make orders to remove such difficulties.
Section 110: Repeal and Savings
 Provision: The Juvenile Justice (Care and Protection of Children) Act, 2000, is repealed. However, any
action taken under the repealed Act is deemed to have been taken under this Act.
Section 111: Power to Remove Difficulties
 Provision: The Central Government may, by order, make provisions to remove any difficulty in
implementing the Act.
Section 112: Power to Make Rules
 Provision: The Central Government may make rules for carrying out the purposes of this Act.

Module 5: Protection of Children from Sexual Offences (POCSO) Act, 2012

Preliminary and General Principles of Care and Protection of Children (Chapter I)
Discuss the general principles of care and protection of children under the POCSO Act.
General Principles of Care and Protection of Children under the POCSO Act, 2012
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive legislation aimed at
protecting children from sexual abuse, harassment, and exploitation. The Act emphasizes a child-centric and
rights-based approach, ensuring that the best interests of the child are prioritized throughout the legal process.
Below is a detailed explanation of the general principles of care and protection of children as outlined in the
POCSO Act.
General Principles of the POCSO Act
The POCSO Act incorporates several key principles that guide the implementation of its provisions. These
principles ensure that children are treated with dignity and their rights are protected at all stages of the legal
process. The general principles include:
1. Right to Life and Survival: Every child has the right to life and survival, which includes protection
from any form of physical, psychological, mental, and emotional abuse and neglect.
2. Best Interests of the Child: The primary consideration in all actions concerning children must be the
harmonious development of the child. This principle ensures that the child's well-being is prioritized in
all decisions and actions taken under the Act.
3. Right to be Treated with Dignity and Compassion: Child victims should be treated in a caring and
sensitive manner throughout the justice process. This includes respecting their dignity and ensuring
that they are not subjected to further trauma or distress.
4. Right to be Protected from Discrimination: The justice process must be transparent and just,
irrespective of the child's cultural, religious, linguistic, or social orientation. This principle ensures that
all children are treated equally and without discrimination.
5. Right to Special Preventive Measures: Victimized children are more likely to be abused again.
Therefore, preventive measures and training must be provided to them for self-protection. This includes
educating children about their rights and how to protect themselves from abuse.
6. Right to be Informed: The child victim or witness must be well informed of the legal proceedings. This
includes providing information about the progress of the case, the roles of various stakeholders, and
the child's rights during the process.
7. Right to be Heard and to Express Views and Concerns: Every child has the right to be heard in
respect of matters affecting them. This principle ensures that children's voices are considered in all
decisions and actions that impact their lives.
8. Right to Effective Assistance: Children must be provided with financial, legal, counseling, health,
social, and educational services necessary for their physical and psychological recovery. This includes
access to support services that aid in the child's healing and rehabilitation.
9. Right to Privacy: The child's privacy and identity must be protected at all stages of the pre-trial and
trial process. This includes measures to ensure that the child's identity is not disclosed in any form of
media or public domain.
 Page 62 of 71

10. Right to be Protected from Hardship during the Justice Process: Secondary victimization or
hardships for a child during the justice procedure must be minimized. This includes adopting child-
friendly procedures and ensuring that the child is not subjected to unnecessary stress or trauma during
the legal process.
11. Right to Safety: A child victim must be protected before, during, and after the justice process. This
includes ensuring the child's safety from the perpetrator and any other potential threats.
12. Right to Compensation: The child victim may be awarded compensation for their relief and
rehabilitation. This includes financial support to cover medical expenses, counseling, and other
necessary services to aid in the child's recovery.
Implementation and Enforcement
The POCSO Act mandates that these principles be followed by all stakeholders involved in the justice process,
including the Central Government, State Governments, Child Welfare Committees, Special Courts, police, NGOs,
and any other professionals assisting the child during the trial. The Act also emphasizes the need for continuous
efforts to raise awareness about child rights and protection, ensuring that children, parents, and communities
are informed about their rights and the legal provisions available to protect them.
Conclusion
The general principles of care and protection of children under the POCSO Act, 2012, provide a robust framework
to ensure that the rights and well-being of child victims are prioritized throughout the legal process. These
principles are designed to create a child-friendly justice system that minimizes trauma and supports the holistic
development and rehabilitation of children affected by sexual offences. By adhering to these principles, the
POCSO Act aims to create a safer environment for children and ensure that they receive the necessary support
and protection to recover from abuse and lead dignified lives.
Sexual Offences Against Children (Chapter II)
What are the various sexual offences against children under the POCSO Act?
Sexual Offences Against Children under the POCSO Act, 2012 (Chapter II)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, categorizes various sexual offences against
children and prescribes stringent punishments for these offences. Chapter II of the Act specifically deals with
these offences, which are classified into different categories based on the nature and severity of the act. Below
is a detailed explanation of the various sexual offences against children as outlined in the POCSO Act.
A. Penetrative Sexual Assault and Punishment Therefor
Section 3: Penetrative Sexual Assault: A person is said to commit "penetrative sexual assault" if:
 He penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a child or makes the
child do so with him or any other person.
 He inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, urethra,
or anus of the child or makes the child do so with him or any other person.
 He manipulates any part of the body of the child so as to cause penetration into the vagina, urethra,
anus, or any part of the body of the child or makes the child do so with him or any other person.
 He applies his mouth to the penis, vagina, anus, or urethra of the child or makes the child do so to such
person or any other person.
Section 4: Punishment for Penetrative Sexual Assault
 Whoever commits penetrative sexual assault shall be punished with imprisonment of not less than ten
years, which may extend to imprisonment for life, and shall also be liable to fine.
 If the penetrative sexual assault is committed on a child below sixteen years of age, the punishment
shall be imprisonment for not less than twenty years, which may extend to imprisonment for life, and
shall also be liable to fine. The fine imposed shall be just and reasonable and paid to the victim to meet
medical expenses and rehabilitation.
B. Aggravated Penetrative Sexual Assault and Punishment Therefor
Section 5: Aggravated Penetrative Sexual Assault: Aggravated penetrative sexual assault includes
penetrative sexual assault committed under specific aggravating circumstances, such as:
 By a police officer within the limits of the police station or premises where he is appointed, or in the
course of his duties.
 By a member of the armed forces or security forces within the limits of the area to which the person is
deployed.
 By a public servant.
 By a person on the management or staff of a jail, remand home, protection home, observation home,
or other place of custody or care and protection.
 By a person on the management or staff of a hospital or educational institution.
 By a person in a position of trust or authority over the child.
 By a person using deadly weapons, causing grievous hurt, or causing bodily harm and injury to the
sexual organs of the child.
 By a person causing the child to become pregnant, inflicting the child with HIV or any other life-
threatening disease, or causing the death of the child.
 By a person taking advantage of a child's mental or physical disability.
 By a person committing the offence more than once or repeatedly.
 By a person being a relative of the child through blood, adoption, or marriage, or having a domestic
relationship with the child.
Section 6: Punishment for Aggravated Penetrative Sexual Assault
 Page 63 of 71

 Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment
for not less than twenty years, which may extend to imprisonment for life, and shall also be liable to
fine, or with death. The fine imposed shall be just and reasonable and paid to the victim to meet medical
expenses and rehabilitation.
C. Sexual Assault and Punishment Therefor
Section 7: Sexual Assault: A person is said to commit "sexual assault" if:
 He, with sexual intent, touches the vagina, penis, anus, or breast of the child or makes the child touch
the vagina, penis, anus, or breast of such person or any other person.
 He does any other act with sexual intent which involves physical contact without penetration.
Section 8: Punishment for Sexual Assault
 Whoever commits sexual assault shall be punished with imprisonment of not less than three years,
which may extend to five years, and shall also be liable to fine.
D. Aggravated Sexual Assault and Punishment Therefor
Section 9: Aggravated Sexual Assault: Aggravated sexual assault includes sexual assault committed under
specific aggravating circumstances, such as:
 By a police officer within the limits of the police station or premises where he is appointed, or in the
course of his duties.
 By a member of the armed forces or security forces within the limits of the area to which the person is
deployed.
 By a public servant.
 By a person on the management or staff of a jail, remand home, protection home, observation home,
or other place of custody or care and protection.
 By a person on the management or staff of a hospital or educational institution.
 By a person in a position of trust or authority over the child.
 By a person using deadly weapons, causing grievous hurt, or causing bodily harm and injury to the
sexual organs of the child.
 By a person causing the child to become pregnant, inflicting the child with HIV or any other life-
threatening disease, or causing the death of the child.
 By a person taking advantage of a child's mental or physical disability.
 By a person committing the offence more than once or repeatedly.
 By a person being a relative of the child through blood, adoption, or marriage, or having a domestic
relationship with the child.
Section 10: Punishment for Aggravated Sexual Assault
 Whoever commits aggravated sexual assault shall be punished with imprisonment of not less than five
years, which may extend to seven years, and shall also be liable to fine.
E. Sexual Harassment and Punishment Therefor
Section 11: Sexual Harassment: A person is said to commit "sexual harassment" upon a child when such
person, with sexual intent:
 Utters any word, makes any sound, or makes any gesture or exhibits any object or part of the body
with the intention that such word, sound, gesture, or object shall be heard or seen by the child.
 Makes a child exhibit his body or any part of his body so as it is seen by such person or any other
person.
 Shows any object to a child in any form or media for pornographic purposes.
 Repeatedly or constantly follows or watches or contacts a child either directly or through electronic,
digital, or any other means.
 Threatens to use, in any form of media, a real or fabricated depiction of any part of the body of the
child or the involvement of the child in a sexual act.
 Entices a child for pornographic purposes or gives gratification therefor.
Section 12: Punishment for Sexual Harassment
 Whoever commits sexual harassment upon a child shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable to fine.
Conclusion
The POCSO Act, 2012, provides a robust legal framework to address various forms of sexual offences against
children, ensuring stringent punishments for offenders. These provisions are designed to protect children from
sexual abuse, harassment, and exploitation, and to ensure their safety and well-being.
Using Child for Pornographic Purposes and Punishment Therefor (Chapter III)
Explain the provisions relating to the use of children for pornographic purposes.
Provisions Relating to the Use of Children for Pornographic Purposes under the POCSO Act, 2012
(Chapter III)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, includes specific provisions to address the
use of children for pornographic purposes. Chapter III of the Act outlines the offences and corresponding
punishments related to the exploitation of children in pornography. Below is a detailed explanation of these
provisions.
Section 13: Use of Child for Pornographic Purposes
Definition:
 Page 64 of 71

 A person is said to use a child for pornographic purposes if they involve a child in any form of media
(including programs or advertisements telecast by television channels, internet, or any other electronic
or printed form) for the purpose of sexual gratification. This includes:
o Representation of the sexual organs of a child.
o Usage of a child engaged in real or simulated sexual acts (with or without penetration).
o Indecent or obscene representation of a child.
Explanation:
 The term "use a child" includes involving a child through any medium like print, electronic, computer,
or any other technology for the preparation, production, offering, transmitting, publishing, facilitation,
and distribution of pornographic material.
Section 14: Punishment for Using Child for Pornographic Purposes
Punishment:
1. General Punishment:
o Whoever uses a child for pornographic purposes shall be punished with imprisonment for a
term not less than five years and shall also be liable to fine.
o In the event of a second or subsequent conviction, the punishment shall be imprisonment for
a term not less than seven years and also be liable to fine.
2. Additional Punishment for Related Offences:
o If the person using a child for pornographic purposes also commits an offence under Section 3
(penetrative sexual assault), Section 5 (aggravated penetrative sexual assault), Section 7
(sexual assault), or Section 9 (aggravated sexual assault) by directly participating in such
pornographic acts, they shall be punished for the said offences under Section 4, Section 6,
Section 8, and Section 10, respectively, in addition to the punishment provided for using a
child for pornographic purposes.
Section 15: Punishment for Storage of Pornographic Material Involving Child
Punishment:
1. Storage with Intent to Share or Transmit:
o Any person who stores or possesses pornographic material involving a child but fails to delete,
destroy, or report the same to the designated authority with the intention to share or transmit
child pornography shall be liable to a fine not less than five thousand rupees. In the event of a
second or subsequent offence, the fine shall not be less than ten thousand rupees.
2. Storage for Transmission or Propagation:
o Any person who stores or possesses pornographic material involving a child for transmitting,
propagating, displaying, or distributing in any manner at any time, except for the purpose of
reporting or for use as evidence in court, shall be punished with imprisonment of either
description which may extend to three years, or with fine, or with both.
3. Storage for Commercial Purpose:
o Any person who stores or possesses pornographic material involving a child for commercial
purposes shall be punished on the first conviction with imprisonment of either description which
shall not be less than three years and may extend to five years, or with fine, or with both. In
the event of a second or subsequent conviction, the punishment shall be imprisonment of either
description which shall not be less than five years and may extend to seven years, and shall
also be liable to fine.
Conclusion
The POCSO Act, 2012, provides stringent measures to combat the use of children for pornographic purposes.
These provisions ensure that individuals involved in the exploitation of children through pornography are subject
to severe penalties, thereby aiming to protect children from such heinous acts and ensure their safety and well-
being. By addressing the use of children in pornography and prescribing strict punishments, the POCSO Act seeks
to create a safer environment for children and deter potential offenders from engaging in such activities.
Abetment of and Attempt to Commit an Offence (Chapter IV)
Discuss the provisions relating to the abetment of and attempt to commit offences under the POCSO Act.
Provisions Relating to the Abetment of and Attempt to Commit Offences under the POCSO Act, 2012
(Chapter IV)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, includes specific provisions to address the
abetment of and attempt to commit offences against children. Chapter IV of the Act outlines these provisions,
ensuring that individuals who instigate, conspire, or attempt to commit offences under the Act are held
accountable. Below is a detailed explanation of the provisions relating to the abetment of and attempt to commit
offences under the POCSO Act.
Section 16: Abetment of an Offence
Definition:
 A person abets an offence if they:
o Instigate: Instigate any person to commit an offence.
o Conspire: Engage with one or more persons in a conspiracy to commit an offence, if an act or
illegal omission takes place in pursuance of that conspiracy.
o Aid: Intentionally aid, by any act or illegal omission, the commission of an offence.
Explanations:
1. Instigation by Misrepresentation or Concealment:
o A person who, by willful misrepresentation or willful concealment of a material fact which they
are bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing
to be done, is said to instigate the doing of that offence.
 Page 65 of 71

2. Facilitation of the Act:

o Whoever, either prior to or at the time of the commission of an act, does anything to facilitate
the commission of that act, and thereby facilitates the commission thereof, is said to aid the
doing of that act.
3. Employment, Harboring, Receiving, or Transporting a Child:
o Whoever employs, harbors, receives, or transports a child by means of threat, use of force,
coercion, abduction, fraud, deception, abuse of power, or vulnerability, or by giving or receiving
payments or benefits to achieve the consent of a person having control over another person,
for the purpose of any offence under this Act, is said to aid the doing of that act.
Section 17: Punishment for Abetment
Punishment:
 Whoever abets any offence under this Act, if the act abetted is committed in consequence of the
abetment, shall be punished with the punishment provided for that offence.
Explanation:
 An act or offence is said to be committed in consequence of abetment when it is committed in
consequence of the instigation, or in pursuance of the conspiracy, or with the aid, which constitutes the
abetment.
Section 18: Punishment for Attempt to Commit an Offence
Punishment:
 Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be
committed, and in such attempt does any act towards the commission of the offence, shall be punished
with imprisonment of any description provided for the offence, for a term which may extend to one-half
of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment
provided for that offence, or with fine, or with both.
Conclusion
The POCSO Act, 2012, provides stringent measures to address the abetment of and attempt to commit offences
against children. These provisions ensure that individuals who instigate, conspire, or attempt to commit offences
under the Act are held accountable and face appropriate penalties. By addressing these aspects, the Act aims to
create a comprehensive legal framework to protect children from sexual offences and ensure their safety and
well-being.
Procedure for Reporting of Cases (Chapter V)
What is the procedure for reporting cases under the POCSO Act?
Procedure for Reporting Cases under the POCSO Act, 2012 (Chapter V)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, outlines a detailed procedure for reporting
cases of sexual offences against children. Chapter V of the Act specifies the steps that need to be taken to ensure
that such cases are reported promptly and handled appropriately. Below is a detailed explanation of the
procedure for reporting cases under the POCSO Act.
Section 19: Reporting of Offences
1. Obligation to Report:
o Any person (including the child) who has apprehension that an offence under this Act is likely
to be committed, or has knowledge that such an offence has been committed, must provide
such information to:
 The Special Juvenile Police Unit (SJPU), or
 The local police.
2. Recording the Report:
o Every report given under sub-section (1) must be:
 Ascribed an entry number and recorded in writing.
 Read over to the informant.
 Entered in a book to be kept by the Police Unit.
3. Child's Report:
o If the report is given by a child, it must be recorded in simple language so that the child
understands the contents being recorded.
o If the language used is not understood by the child, or if deemed necessary, a translator or an
interpreter with the prescribed qualifications and experience must be provided to the child.
4. Immediate Care and Protection:
o If the SJPU or local police is satisfied that the child against whom an offence has been
committed is in need of care and protection, they must make immediate arrangements to
provide such care and protection, including admitting the child into a shelter home or the
nearest hospital within 24 hours of the report.
5. Reporting to Authorities:
o The SJPU or local police must, without unnecessary delay but within 24 hours, report the matter
to the Child Welfare Committee (CWC) and the Special Court or, where no Special Court has
been designated, to the Court of Session. This report must include the need for care and
protection of the child and the steps taken in this regard.
6. Protection from Liability:
o No person shall incur any liability, whether civil or criminal, for giving the information in good
faith for the purpose of sub-section (1).
Section 20: Obligation of Media, Studio, and Photographic Facilities to Report Cases
1. Obligation to Report:
 Page 66 of 71

o Any personnel of the media, hotel, lodge, hospital, club, studio, or photographic facilities, upon
coming across any material or object that is sexually exploitative of a child (including
pornographic, sexually-related, or making obscene representation of a child or children), must
provide such information to the SJPU or the local police.
Section 21: Punishment for Failure to Report or Record a Case
1. Failure to Report:
o Any person who fails to report the commission of an offence under sub-section (1) of Section
19 or Section 20, or who fails to record such offence under sub-section (2) of Section 19, shall
be punished with imprisonment of either description which may extend to six months or with
fine or with both.
2. Failure by In-Charge of Institution:
o Any person in charge of any company or institution who fails to report the commission of an
offence under sub-section (1) of Section 19 in respect of a subordinate under their control shall
be punished with imprisonment for a term which may extend to one year and with fine.
3. Exemption for Children:
o The provisions of sub-section (1) shall not apply to a child under this Act.
Section 22: Punishment for False Complaint or False Information
1. False Complaint or Information:
o Any person who makes a false complaint or provides false information against any person, in
respect of an offence committed under Sections 3, 5, 7, and 9, solely with the intention to
humiliate, extort, threaten, or defame him, shall be punished with imprisonment for a term
which may extend to six months or with fine or with both.
2. Exemption for Children:
o Where a false complaint has been made or false information has been provided by a child, no
punishment shall be imposed on such child.
3. False Complaint Against a Child:
o Whoever, not being a child, makes a false complaint or provides false information against a
child, knowing it to be false, thereby victimizing such child in any of the offences under this
Act, shall be punished with imprisonment which may extend to one year or with fine or with
both.
Section 23: Procedure for Media
1. Reporting by Media:
o No person shall make any report or present comments on any child from any form of media or
studio or photographic facilities without having complete and authentic information, which may
have the effect of lowering the child's reputation or infringing upon their privacy.
2. Non-Disclosure of Identity:
o No reports in any media shall disclose the identity of a child, including their name, address,
photograph, family details, school, neighborhood, or any other particulars which may lead to
the disclosure of the identity of the child.
o The Special Court may permit such disclosure if it is in the interest of the child, for reasons to
be recorded in writing.
3. Liability of Media Owners:
o The publisher or owner of the media or studio or photographic facilities shall be jointly and
severally liable for the acts and omissions of their employees.
4. Punishment for Contravention:
o Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be liable
to be punished with imprisonment of either description for a period which shall not be less than
six months but which may extend to one year or with fine or with both.
Conclusion
The POCSO Act, 2012, provides a robust framework for reporting cases of sexual offences against children. These
provisions ensure that such cases are reported promptly, handled with sensitivity, and that the rights and well-
being of the child are prioritized throughout the process. By mandating the reporting of offences and outlining
the responsibilities of various stakeholders, the Act aims to create a safer environment for children and ensure
that offenders are held accountable.
Procedures for Recording Statement of the Child (Chapter VI)
Explain the procedure for recording the statement of a child under the POCSO Act.
Procedure for Recording the Statement of a Child under the POCSO Act, 2012 (Chapter VI)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, provides specific procedures for recording
the statement of a child to ensure that the process is child-friendly and sensitive to the needs of the child.
Chapter VI of the Act outlines these procedures in detail. Below is a comprehensive explanation of the procedure
for recording the statement of a child under the POCSO Act.
Section 24: Recording of Statement of a Child
1. Location and Environment:
o The statement of the child must be recorded at the residence of the child or at a place where
the child usually resides, or at a place of the child's choice.
o As far as practicable, the statement should be recorded by a woman police officer not below
the rank of sub-inspector.
2. Police Officer's Attire:
o The police officer recording the statement should not be in uniform to create a less intimidating
environment for the child.
3. Avoiding Contact with the Accused:
 Page 67 of 71

o The police officer must ensure that the child does not come into contact with the accused in
any way during the recording of the statement.
4. Detention Prohibition:
o No child shall be detained in the police station in the night for any reason.
5. Protection of Identity:
o The police officer must ensure that the identity of the child is protected from the public and
media unless otherwise directed by the Special Court in the interest of the child.
Section 25: Recording of Statement of a Child by Magistrate
1. Recording under Section 164 of CrPC:
o If the statement of the child is being recorded under Section 164 of the Code of Criminal
Procedure, 1973 (CrPC), the Magistrate must record the statement as spoken by the child.
o The presence of the advocate of the accused is not permitted during the recording of the
statement.
2. Provision of Documents:
o The Magistrate must provide a copy of the document specified under Section 207 of the CrPC
to the child and their parents or representative upon the final report being filed by the police
under Section 173 of the CrPC.
Section 26: Additional Provisions Regarding Statement to be Recorded
1. Presence of Trusted Individuals:
o The statement must be recorded in the presence of the child's parents or any other person in
whom the child has trust or confidence.
2. Assistance of Translator or Interpreter:
o If necessary, the Magistrate or police officer may take the assistance of a translator or
interpreter with the prescribed qualifications and experience while recording the statement of
the child.
3. Special Educator or Expert Assistance:
o In the case of a child with a mental or physical disability, the Magistrate or police officer may
seek the assistance of a special educator or any person familiar with the manner of
communication of the child or an expert in that field.
4. Audio-Video Recording:
o Wherever possible, the statement of the child should also be recorded by audio-video electronic
means to ensure accuracy and transparency.
Section 27: Medical Examination of a Child
1. Conducting Medical Examination:
o The medical examination of a child in respect of whom any offence has been committed under
this Act must be conducted in accordance with Section 164A of the CrPC, even if a First
Information Report (FIR) or complaint has not been registered.
2. Examination by Woman Doctor:
o If the victim is a girl child, the medical examination must be conducted by a woman doctor.
3. Presence of Trusted Individual:
o The medical examination must be conducted in the presence of the child's parent or any other
person in whom the child reposes trust or confidence.
4. Nomination in Absence of Parent or Trusted Person:
o If the parent or trusted person cannot be present during the medical examination, it must be
conducted in the presence of a woman nominated by the head of the medical institution.
Conclusion
The POCSO Act, 2012, provides a detailed and child-friendly procedure for recording the statement of a child to
ensure that the process is conducted in a sensitive and non-intimidating manner. These provisions are designed
to protect the child's rights and well-being, minimize trauma, and ensure the accuracy and integrity of the
recorded statement. By adhering to these procedures, the Act aims to create a supportive environment for child
victims and witnesses, facilitating their participation in the justice process while safeguarding their dignity and
privacy.
Special Courts (Chapter VII)
Discuss the establishment and functions of Special Courts under the POCSO Act.
Establishment and Functions of Special Courts under the POCSO Act, 2012 (Chapter VII)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, mandates the establishment of Special
Courts to ensure the speedy trial of offences under the Act. Chapter VII of the Act outlines the provisions related
to the establishment, jurisdiction, and functions of these Special Courts. Below is a detailed explanation of the
establishment and functions of Special Courts under the POCSO Act.
Section 28: Designation of Special Courts
1. Establishment:
o The State Government, in consultation with the Chief Justice of the High Court, must designate
a Court of Session in each district as a Special Court to try offences under the POCSO Act.
o If a Court of Session is already notified as a Children’s Court under the Commissions for
Protection of Child Rights Act, 2005, or a Special Court designated for similar purposes under
any other law, it shall be deemed to be a Special Court under this section.
2. Jurisdiction:
o The Special Court has jurisdiction to try offences under the POCSO Act and any other offence
with which the accused may be charged at the same trial under the Code of Criminal Procedure,
1973 (CrPC).
3. Additional Jurisdiction:
 Page 68 of 71

o The Special Court also has jurisdiction to try offences under Section 67B of the Information
Technology Act, 2000, related to the publication or transmission of sexually explicit material
depicting children.
Section 29: Presumption as to Certain Offences
 When a person is prosecuted for committing or abetting or attempting to commit any offence under
Sections 3, 5, 7, and 9 of the POCSO Act, the Special Court shall presume that such person has
committed or abetted or attempted to commit the offence unless the contrary is proved.
Section 30: Presumption of Culpable Mental State
1. Presumption:
o In any prosecution for an offence under the POCSO Act that requires a culpable mental state,
the Special Court shall presume the existence of such mental state.
o It is a defense for the accused to prove that they had no such mental state with respect to the
act charged as an offence.
2. Proof:
o A fact is said to be proved only when the Special Court believes it to exist beyond reasonable
doubt, not merely by a preponderance of probability.
Section 31: Application of Code of Criminal Procedure, 1973
 The provisions of the CrPC, including those related to bail and bonds, apply to proceedings before a
Special Court. The Special Court is deemed to be a Court of Session, and the person conducting a
prosecution before a Special Court is deemed to be a Public Prosecutor.
Section 32: Special Public Prosecutors
1. Appointment:
o The State Government must appoint a Special Public Prosecutor for every Special Court to
conduct cases under the POCSO Act.
2. Eligibility:
o A person is eligible to be appointed as a Special Public Prosecutor if they have been in practice
as an advocate for not less than seven years.
3. Role:
o The Special Public Prosecutor is deemed to be a Public Prosecutor within the meaning of the
CrPC, and the provisions of the CrPC apply accordingly.
Functions and Powers of Special Courts
Section 33: Procedure and Powers of Special Court
1. Cognizance of Offences:
o The Special Court may take cognizance of any offence without the accused being committed
to it for trial, upon receiving a complaint of facts constituting such offence or upon a police
report.
2. Child-Friendly Procedures:
o The Special Court must create a child-friendly atmosphere by allowing a family member,
guardian, friend, or relative in whom the child has trust or confidence to be present in the
court.
o The court must ensure that the child is not called repeatedly to testify and that aggressive
questioning or character assassination of the child is not permitted.
3. Examination of Child:
o The Special Public Prosecutor or the counsel for the accused must communicate questions to
be put to the child to the Special Court, which in turn puts those questions to the child.
o The court may permit frequent breaks for the child during the trial.
4. Protection of Identity:
o The identity of the child must not be disclosed at any time during the investigation or trial. The
court may permit disclosure if it is in the interest of the child, with reasons recorded in writing.
5. Compensation:
o In appropriate cases, the Special Court may direct payment of compensation to the child for
any physical or mental trauma caused or for immediate rehabilitation.
6. Trial Procedures:
o The Special Court has all the powers of a Court of Session and must try offences as if it were
a Court of Session, following the procedure specified in the CrPC for trials before a Court of
Session.
Section 34: Procedure in Case of Commission of Offence by Child and Determination of Age by Special
Court
1. Dealing with Child Offenders:
o If an offence under the POCSO Act is committed by a child, the child must be dealt with under
the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. Determination of Age:
o If any question arises regarding whether a person is a child, the Special Court must determine
the age and record its reasons in writing. The order is not invalidated by subsequent proof that
the age determined was incorrect.
Section 35: Period for Recording of Evidence of Child and Disposal of Case
1. Timely Recording of Evidence:
o The evidence of the child must be recorded within 30 days of the Special Court taking
cognizance of the offence. Reasons for any delay must be recorded.
2. Completion of Trial:
 Page 69 of 71

o The Special Court must complete the trial, as far as possible, within one year from the date of
taking cognizance of the offence.
Section 36: Child Not to See Accused at the Time of Testifying
 The Special Court must ensure that the child is not exposed to the accused while recording evidence.
The court may use video conferencing, single visibility mirrors, curtains, or other devices to achieve
this.
Section 37: Trials to be Conducted in Camera
 Trials must be conducted in camera and in the presence of the child's parents or a trusted person. The
court may issue a commission to examine the child at a place other than the court if necessary.
Section 38: Assistance of an Interpreter or Expert While Recording Evidence of Child
 The court may take the assistance of a translator, interpreter, special educator, or expert while recording
the evidence of a child, especially if the child has a mental or physical disability.
Conclusion
The POCSO Act, 2012, provides a comprehensive framework for the establishment and functioning of Special
Courts to ensure the speedy and child-friendly trial of offences under the Act. These provisions are designed to
protect the rights and well-being of child victims and witnesses, ensuring that the legal process is conducted in
a manner that minimizes trauma and supports the child's recovery and rehabilitation.
Procedure and Powers of Special Courts and Recording of Evidence (Chapter VIII)
Explain the procedure and powers of Special Courts in recording evidence under the POCSO Act.
Procedure and Powers of Special Courts in Recording Evidence under the POCSO Act, 2012 (Chapter
VIII)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, establishes Special Courts to ensure the
speedy trial of offences under the Act and to create a child-friendly judicial process. Chapter VIII of the Act
outlines the specific procedures and powers of these Special Courts, particularly in relation to recording evidence.
Below is a detailed explanation of these provisions.
Section 33: Procedure and Powers of Special Court
1. Cognizance of Offences:
o The Special Court may take cognizance of any offence without the accused being committed
to it for trial, upon receiving a complaint of facts constituting such offence or upon a police
report of such facts.
2. Child-Friendly Examination:
o The Special Public Prosecutor or the counsel for the accused must communicate the questions
to be put to the child to the Special Court, which in turn puts those questions to the child. This
ensures that the child is not subjected to aggressive or intimidating questioning.
3. Frequent Breaks:
o The Special Court may permit frequent breaks for the child during the trial to ensure that the
child is comfortable and not overwhelmed by the proceedings.
4. Supportive Environment:
o The Special Court must create a child-friendly atmosphere by allowing a family member,
guardian, friend, or relative in whom the child has trust or confidence to be present in the
court.
5. Minimizing Repeated Testimony:
o The Special Court must ensure that the child is not called repeatedly to testify in the court,
thereby reducing the potential for re-traumatization.
6. Protection of Dignity:
o The Special Court must not permit aggressive questioning or character assassination of the
child and must ensure that the dignity of the child is maintained at all times during the trial.
7. Confidentiality:
o The identity of the child must not be disclosed at any time during the course of investigation
or trial. The Special Court may permit such disclosure if it is in the interest of the child, with
reasons recorded in writing. The identity includes the child's family, school, relatives,
neighborhood, or any other information by which the identity of the child may be revealed.
8. Compensation:
o In appropriate cases, the Special Court may, in addition to the punishment, direct payment of
compensation to the child for any physical or mental trauma caused or for immediate
rehabilitation.
9. Powers of a Court of Session:
o The Special Court has all the powers of a Court of Session and must try offences as if it were
a Court of Session, following the procedure specified in the Code of Criminal Procedure, 1973
(CrPC) for trials before a Court of Session.
Section 34: Procedure in Case of Commission of Offence by Child and Determination of Age by Special
Court
1. Dealing with Child Offenders:
o If an offence under the POCSO Act is committed by a child, the child must be dealt with under
the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. Determination of Age:
o If any question arises regarding whether a person is a child, the Special Court must determine
the age and record its reasons in writing. The order is not invalidated by subsequent proof that
the age determined was incorrect.
Section 35: Period for Recording of Evidence of Child and Disposal of Case
 Page 70 of 71

1. Timely Recording of Evidence:

o The evidence of the child must be recorded within 30 days of the Special Court taking
cognizance of the offence. Reasons for any delay must be recorded.
2. Completion of Trial:
o The Special Court must complete the trial, as far as possible, within one year from the date of
taking cognizance of the offence.
Section 36: Child Not to See Accused at the Time of Testifying
1. Ensuring No Exposure to Accused:
o The Special Court must ensure that the child is not exposed to the accused while recording
evidence. The court may use video conferencing, single visibility mirrors, curtains, or other
devices to achieve this.
2. Communication with Advocate:
o While ensuring that the child is not exposed to the accused, the court must also ensure that
the accused is in a position to hear the statement of the child and communicate with their
advocate.
Section 37: Trials to be Conducted in Camera
 The Special Court must conduct trials in camera and in the presence of the child's parents or a trusted
person. If the court deems it necessary, it may issue a commission to examine the child at a place other
than the court.
Section 38: Assistance of an Interpreter or Expert While Recording Evidence of Child
1. Translator or Interpreter:
o The court may take the assistance of a translator or interpreter with the prescribed
qualifications and experience while recording the evidence of the child.
2. Special Educator or Expert:
o If the child has a mental or physical disability, the Special Court may take the assistance of a
special educator or any person familiar with the manner of communication of the child or an
expert in that field to record the evidence of the child.
Conclusion
The POCSO Act, 2012, provides a detailed and child-friendly procedure for recording the statement of a child to
ensure that the process is conducted in a sensitive and non-intimidating manner. These provisions are designed
to protect the child's rights and well-being, minimize trauma, and ensure the accuracy and integrity of the
recorded statement. By adhering to these procedures, the Act aims to create a supportive environment for child
victims and witnesses, facilitating their participation in the justice process while safeguarding their dignity and
privacy.
Miscellaneous Provisions (Chapter IX)
Discuss the miscellaneous provisions under the POCSO Act.
Miscellaneous Provisions under the POCSO Act, 2012 (Chapter IX)
Chapter IX of the Protection of Children from Sexual Offences (POCSO) Act, 2012, encompasses various
miscellaneous provisions that address different aspects of the Act's implementation and enforcement. These
provisions are designed to ensure the effective functioning of the juvenile justice system and the protection of
children's rights. Below is a detailed explanation of the miscellaneous provisions as outlined in Sections 39 to 46
of the Act.
Section 39: Guidelines for Child to Take Assistance of Experts, etc.
 Preparation of Guidelines:
o The State Government is required to prepare guidelines for the use of non-governmental
organizations, professionals, and experts or persons having knowledge of psychology, social
work, physical health, mental health, and child development.
o These guidelines are intended to assist the child during the pre-trial and trial stages.
Section 40: Right of Child to Take Assistance of Legal Practitioner
 Legal Assistance:
o The family or guardian of the child is entitled to the assistance of a legal counsel of their choice
for any offence under this Act.
o If the family or guardian is unable to afford a legal counsel, the Legal Services Authority shall
provide a lawyer to them.
Section 41: Provisions of Sections 3 to 13 Not to Apply in Certain Cases
 Medical Examination or Treatment:
o The provisions of Sections 3 to 13 (which deal with various sexual offences) do not apply in
cases of medical examination or medical treatment of a child when such examination or
treatment is undertaken with the consent of the child's parents or guardian.
Section 42: Alternate Punishment
 Greater Punishment:
o Where an act or omission constitutes an offence punishable under this Act and also under
Sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AB, 376B, 376C,
376D, 376DA, 376DB, 376E, Section 509 of the Indian Penal Code, or Section 67B of the
Information Technology Act, 2000, the offender shall be liable to punishment only under this
Act or under the Indian Penal Code, whichever provides for a greater punishment.
Section 42A: Act Not in Derogation of Any Other Law
 Non-Derogation:
o The provisions of this Act are in addition to and not in derogation of the provisions of any other
law for the time being in force.
 Page 71 of 71

o In case of any inconsistency, the provisions of this Act shall have overriding effect to the extent
of the inconsistency.
Section 43: Public Awareness about Act
 Publicity and Training:
o The Central Government and every State Government must take all measures to ensure that
the provisions of this Act are given wide publicity through media, including television, radio,
and print media, at regular intervals.
o The aim is to make the general public, children, as well as their parents and guardians, aware
of the provisions of this Act.
o Officers of the Central Government and the State Governments and other concerned persons
(including police officers) must be imparted periodic training on matters relating to the
implementation of the provisions of the Act.
Section 44: Monitoring of Implementation of Act
1. Role of Commissions:
o The National Commission for Protection of Child Rights (NCPCR) or the State Commission for
Protection of Child Rights (SCPCR) must monitor the implementation of the provisions of this
Act.
o These commissions have the same powers as vested in them under the Commissions for
Protection of Child Rights Act, 2005, while inquiring into any matter relating to any offence
under this Act.
2. Annual Report:
o The activities of the NCPCR or SCPCR under this section must be included in the annual report
referred to in Section 16 of the Commissions for Protection of Child Rights Act, 2005.
Section 45: Power to Make Rules
1. Rule-Making Authority:
o The Central Government may, by notification in the Official Gazette, make rules for carrying
out the purposes of this Act.
2. Specific Provisions:
o The rules may provide for various matters, including:
 The manner of deleting or destroying or reporting about pornographic material
involving a child.
 The qualifications and experience of, and the fees payable to, a translator, interpreter,
special educator, or any person familiar with the manner of communication of the
child or an expert in that field.
 Care and protection and emergency medical treatment of the child.
 The payment of compensation to the child for any physical or mental trauma caused
or for immediate rehabilitation.
 The manner of periodic monitoring of the provisions of the Act.
3. Parliamentary Oversight:
o Every rule made under this section must be laid before each House of Parliament while it is in
session for a total period of thirty days. If both Houses agree to any modification or annulment
of the rule, it shall have effect only in such modified form or be of no effect, as the case may
be.
Section 46: Power to Remove Difficulties
1. Removal of Difficulties:
o If any difficulty arises in giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make provisions not inconsistent with the
provisions of this Act as may appear to be necessary or expedient for removing the difficulty.
o No order shall be made under this section after the expiry of two years from the
commencement of this Act.
2. Parliamentary Oversight:
o Every order made under this section must be laid before each House of Parliament.
Conclusion
The miscellaneous provisions under the POCSO Act, 2012, ensure the effective implementation and enforcement
of the Act. These provisions address various aspects, including the preparation of guidelines, the right to legal
assistance, public awareness, monitoring, rule-making, and the removal of difficulties. By providing a
comprehensive framework, these provisions aim to protect the rights and well-being of children and ensure that
the legal process is conducted in a manner that prioritizes the best interests of the child.
Disclaimer
Hemant Patil, GLC Mumbai Batch of 2025, freely shares these notes with all law students, regardless of their
institution or location, without any discrimination. Redistribution of these notes is encouraged to benefit
everyone. The author does not guarantee the completeness, accuracy, reliability, or suitability of the information
provided. Any reliance on this information is at your own risk. The author is not liable for any loss or damage,
including indirect or consequential loss, or any loss of data or profits arising from the use of this document. The
author reserves the right to change, add, or remove any information in this document at any time without notice.
These notes continue to keep improving, and it is always advisable to check for the latest available version. For
the latest version, please request it by providing your full name, contact details, and institution to
[email protected].