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CrPC 2

The document outlines key aspects of the Criminal Procedure Code (CrPC), including definitions and procedures for summons cases, warrant trials, and summary trials. It details the rights of arrested individuals, such as the right to know the grounds of arrest, the right to be taken before a magistrate without delay, and the right to be released on bail. Additionally, it explains the roles of FIRs, search warrants, and the powers of police officers during investigations.

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2 views

CrPC 2

The document outlines key aspects of the Criminal Procedure Code (CrPC), including definitions and procedures for summons cases, warrant trials, and summary trials. It details the rights of arrested individuals, such as the right to know the grounds of arrest, the right to be taken before a magistrate without delay, and the right to be released on bail. Additionally, it explains the roles of FIRs, search warrants, and the powers of police officers during investigations.

Uploaded by

shifna3767
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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CrPC

Summon-
A summon is a document issued by a magistrate to call upon a person to appear before the court when a case has
been registered against him/her. The document must be in writing and signed by the lead officer of the concerned court
with the court’s seal.

Summons Case -
Section 204 (1) (a) in chapter 20 of CrPc, defines the summons case. A “summon case” refers to a legal case related to
an offense that is not considered a warrant case. Warrant cases typically involve severe punishments like the death
penalty, life imprisonment, or imprisonment exceeding two years. In contrast, summon cases involve offenses where
the punishment does not exceed two years of imprisonment. These cases are generally less serious in nature and need
to be resolved quickly, without compromising the principles of a fair trial.
Types of Trial in Criminal Cases
Sessions Trial
If the offense committed is punishable with more than seven years of imprisonment or Life imprisonment or Death, the
trial is to be conducted in a Sessions court after being committed or forwarded to the court by a magistrate.

(Sec 225-237)

Warrant Trial
Warrant case includes offense punishable with the death penalty, imprisonment for life and imprisonment exceeding
two years. A trial in a warrant case begins either by filing an FIR in a Police Station or by filing it before a Magistrate.

(Sec 238-250 deals with trial of warrant cases by magistrates.)


Summons Trial
If the offense committed is punishable with less than two years of imprisonment, it is taken as a summons case. The
procedure to deal with such matters is provided in sections 251 to 259 of Cr. P.C, 1973 which is not as serious/formal as
other trials(Sections 251-259 provide the procedure for the trial of summons cases by magistrates.)
Summary Trial
Those trials in which cases are disposed of speedily with a simple procedure to follow and recording of such trials are
done summarily. In this trial, only small cases are taken in hand, and complicated cases are reserved for summon and
warrant trials. Legal Provisions for summary trial are given under Section 260-265 of Cr. P.C, 1973.
Rights Of Arrested Person:
Right To Know The Ground Of Arrest
Every accused person has a right to know the ground for which he has been arrested.

Section-50, of CrPc states that the person who is arrested should be informed of ground of
arrest and of right to bail. wherein a person is arrested without any warrant he should be
immediately informed of the particulars of the type of offence which he has committed which
has been mentioned in the code and also states him whether the offence which he has
committed is a Bailable offence or a Non-Bailable offence.
Right To Be Taken Before Magistrate Without Delay:
Section 57 of CrPc; The accused person has a right to appear before the magistrate within 24
hours from the time of the arrest. Despite the fact that the arrest is with warrant or without
warrant accused has to be taken to the nearest Magistrate within the period of 24 hours of such
arrest and have to keep the accused in police station and nowhere else.
Right To Be Released On Bail:
As per Section-50 of CrPc, where the accused is arrested without a warrant, he should be immediately informed of
the particulars of the offense and grounds of his arrest and whether the offense is Bailable or not, if yes then he has the
right to be released on Bail.
CASE DIARY
Section 172 of The Code of Criminal Procedure, 1973 deals with case diaries. A case diary is a diary maintained by
police officers while investigating a case which contains details of how the inquiry was carried out and other
particulars such as the date on which the investigation began, places visited as a part of the investigation, etc. They
are inadmissible as evidence, however, they can be used to aid the Court during the investigation/trial. These diaries
are essentially made for the purpose of helping the investigating officer refresh his/her memory while being
presented as a witness for a trial.
What is an FIR?
The First Information Report (FIR) is a written document prepared by the police when they receive information about
the commission of a cognizable offense. It is a report of information that reaches the police first in point of time and
that is why it is called the First Information Report.

Search Warrant
A search warrant is an ‘
official document that gives police officers the authority to search a building for stolen property, illegal goods, or info
rmation that might help to solve a crime’
. It is a court order giving the police authority for the examination of a place for the purpose of discovering certain
documents or other things necessary for investigation, inquiry, trial or other proceedings under the criminal law.
Search Without Warrant
A police officer conducting an investigation is empowered under Section 165 of the Criminal Procedure Code [CrPC]
to search any place, within the local limits of the Police Station of which they are in charge or to which they are
attached, where they reasonably believe to find anything necessary for the purpose of investigation being
conducted by them, without obtaining a search warrant.

The officer conducting an investigation is required to conduct the search in person; however if that is not possible,
they can authorize in writing any sub-ordinate officer to conduct the search by specifying the thing for which the
search has to be conducted and the place where the such search is to be conducted.

Limits on this power: It must be noted that this power can be exercised only after the officer records their grounds
of belief that such a thing cannot be obtained without undue delay, that is, without obtaining a search warrant from
a competent magistrate. The said grounds, as recorded, must be forwarded to the concerned Magistrate forthwith.
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