Law of Crimes - II CRPC - Single Slide

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LAW OF CRIMES - II (CRPC)

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LAW OF CRIMES - II (CRPC) – AS PER MY UNDERSTANDING
PAPER – 2 Law of Crimes - II (CRPC) - (Paper Code : K-5002)
The course shall comprise of the following :

1. Definitions constitution of criminal courts and their powers and jurisdictions
2. Arrests of persons and the rights of arrested persons; Bail
3. Information to police and their powers to investigate
4. Cognizance of offences by the magistrate and court of sessions
5. Complaints to magistrates and commencement of proceedings before magistrate
6. The charge:
1. Form of charges
2. Joinder of charges
7. Principal feature of fair trial. Trial procedures:
1. Sessions Trial
2. Warrant Trial
1. Cases instituted upon a police report
2. Cases instituted otherwise than a police report
3. Conclusion of trial
3. Summons trail by magistrate
4. Summary trial
8. Appeal, Revision and Reference
9. Maintenance of wives, children and parents (Section 125 to 128)

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LAND LAWS – LAST YEAR QUESTION PAPERS
2018 - Law of Crimes - II (CRPC) - Questions 2017 - Law of Crimes - II (CRPC) - Questions
Part A: (4 marks each. Attempt all questions) Part A: (4 marks each. Attempt all questions)
Q1. Inquiry Q1. What is the distinction among investigation inquiry and trial?
Q2. Acquittal Q2. Define F.I.R and complaint and bring out their differences?
Q3. Statement of accused under Section 313 Cr. PC. Q3. What is the effect of Non-appearence or death of complaint in a trial of "Summon's case" by a
magistrate?
Q4. Charge
Q4. Can a court alter a charge?
Q5. Two duties of a probation officer
Q5. Give two duties of a "Probation officer"?
Part B: (10 marks question. Attempt any 2) Part B: (10 marks question. Attempt any 2)
Q6. Discuss the procedure to be followed by a magistrate in a Summary Trial Q6. What are constitutional and legal rights of an arrested person?
Q7. What is Joinder of Charges? Q7. Which court can take cognizance of an offence for initiation of proceedings?
Q8. What do you mean by Summoning u/s 204 of Cr. PC. Q8. How are the proceedings commenced before a Magistrate under Section 204 of code of criminal
procedure. 1973?
Part C: (20 marks question. Attempt any 3) Part C: (20 marks question. Attempt any 3)
Q9. Discuss the constitution, functions and powers of Criminal Courts under Criminal Q9. What are the different criminal courts established under Cr. P.C. in a district? Write about each one.
Procedure Code. Also write about their powers?
Q10. How will an Investigation Officer proceed on receiving F.I.R in a cognizable offence? Q10. What is a Bill? Discuss rules relating to bill in "Non-bailable" offences. When can an accused claim Bail
as a matter of right under code of criminal procedure?
Q11. What is the procedure for a trial of an offence by Sessions Court.
Q11. Are the statements of the witnesses and the accused persons recorded by a Police officer during the
Q12. How is a "Warrant Case" instituted on Police Report tried by a Magistrate? course of investigation admissible in evidence? If so, how they can be used in a criminal proceedings?
Q13. Critically examine the provisions of Juvenile Justice Act in the light of latest amendments. Q12. Define "Charge". Discuss the rules which govern the joinder of "Charges".
Q13. Write about Magistrate Trial of warrant case instituted on a police report.

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LAND LAWS – LAST YEAR QUESTION PAPERS
2016 - Law of Crimes - II (CRPC) - Questions
Part A: (4 marks each. Attempt all questions)
Q1. Inquiry
Q2. Investigation
Q3. Discharge
Q4. Acquittal
Q5. Bailable Offence
Part B: (10 marks question. Attempt any 2)
Q6. Difference between summons and warrant trial
Q7. Difference between complaint and charge
Q8. Discuss the procedure of Summary Trial
Part C: (20 marks question. Attempt any 3)
Q9. Discuss the classes of criminal courts and their powers and mention sentences which may be passed by
them.
Q10. Discuss the procedure regarding removal of nuisance under criminal procedural code 1973
Q11. Discuss the procedure followed by police in a cognizable offence after FIR has been lodge
Q12. Discuss the powers of court to release certain offenders after admonition under the probation of Offenders
Act, 1958
Q13. What do you understand by "Juvenile Justice"? Why not a juvenile having completed 16 years of age be
treated like a major common offender if he has committed henious sort of offence? Give your opinion.
Q14. Discuss the power and procedure followed by police under Section 41 and 41 (A) of Criminal Procedural
Code, 1973 when a person arrested without warrant.

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KEY DEFINITIONS
Inquiry: Section 2(g) defines it as “Inquiry means every inquiry Offence: Section 2(n) defines it as "Offence" means any act or
other than a trail, conducted by a magistrate or court”. omission made punishable by any law for the time being in
In layman’s term, Inquiry means seeking or request for truth, force and includes any act in respect of which a complaint
information, or knowledge. may be made under section 20 of the Cattle-trespass Act,
1871.”
Acquittal: Acquittal is the legal and formal certification of the innocence

of a person who has been charged with a crime. Acquittals in fact take
place when a jury finds a verdict of not guilty. Acquittals in law take Investigation: Section 2(h) defines it as “Investigation includes
place by operation of law such as when a person has been charged as all the proceedings under this code for the collection of
an Accessory to the crime of Robbery and the principal has been evidence conducted by a police officer or by any person who
acquitted. is authorized by a Magistrate in this behalf;”
Charge: Section 2(b) defines it as “any heads of charge when Bailable Offence: Section 2(a) defines it as “Bailable offence
the charge contains more heads than one”. means an offence which is shown as bailable in the First
In layman’s term, charge means the allegations or offences Schedule, or which is made bailable by any other law for the
that have been hurled on the person. Charge is not a form but time being in force; and “non-bailable offence” means any
the charge that is levied against the accused is mentioned in other offence;
the charge sheet, which is the form of charge.

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1. Definitions constitution of criminal courts and

their powers and jurisdictions

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COURT HIERARCHY
Supreme Court of India
High Courts
Subordinate or Lower Courts in Districts
Civil Courts Criminal Courts Revenue Courts
District Judge District Judge and District & Session Judge Board of Revenue
Sub-Judge Family Metropolitan I class Magistrate Commissioner, Collector
Munsif II class Magistrate Tehsildar
Small Cause Court, Lok Adalat III Class Magistrate Assistant Tehsildar

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JURISDICTION – COURT HIERARCHY
Section 6 of the Code specifies the classes of criminal courts. It says-Besides the High Courts and the courts constituted under any law, there shall be in every State the following
classes of Criminal Courts namely:
Supreme Court of India

(Chief Justice of India &
25 other Judges)
High Courts
EACH STATE WILL HAVE:
Judicial Magistrate of Metropolitan Magistrates Judicial Magistrate of

Court of Sessions Executive Magistrates
the first class (in metropolitan areas) the second class

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POWERS OF COURTS
Metropolitan
Judicial Magistrate of Judicial Magistrate of Executive
Court of Sessions Magistrates (in
the first class the second class Magistrates
metropolitan areas)
- District Court is referred to as Session These Courts may be These Courts may be - In every district and in every
Court when it exercises its jurisdiction
These Courts are on the metropolitan area, the State
on criminal matters under The Code established by the State established by the State second lowest level of the Government may appoint as many
of Criminal Procedure. Government in consultation Government in consultation persons as it thinks fit to be Executive
- The Sessions Court is responsible for Criminal Court structure in Magistrates and shall appoint one of
with the High Court of the with the High Court of the
adjudicating matters related to
respective State, at such respective State, at such
India. These Courts may be them to be the District Magistrate.
criminal cases. The court is - Subject to the control of the State
responsible for cases relating to places in the district and in places in the district and in established by the State Government, the District Magistrate
murders, theft, dacoity, pick- may, from time to time, define the
pocketing and other such cases. any number by issuing a any number by issuing a Government in local limits of the areas within which
- Sessions court has the power to notification. According to notification. As per Section consultation with the High the Executive Magistrates may
impose the full range of penalties for exercise all or any of the powers with
criminal acts, including the death
Section 29 of the CrPc., a 29 (3) of Cr.P.C., these Courts Court of the respective which they may be invested under
penalty Judicial Magistrate of First shall reward imprisonment State, at such places in this Code.
- Sessions Courts heard each case Class may pass a sentence of for a term not exceeding one - Except as otherwise provided by such
continuously in sessions and every metropolitan area definition, the jurisdiction and powers
delivered judgements immediately on imprisonment for a term not year, or fine not exceeding of every such Magistrate shall extend
completion of arguments. Hence the exceeding three years, or of one thousand rupees, or
and in any number by throughout the district
name 'Sessions Court' meant that the
fine not exceeding ten both. issuing a notification.
cases would be disposed off
expeditiously. thousand rupees or of both

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2. Arrests of persons and the rights of arrested

persons; Bail

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ARREST (SECTION 41 – 60)
An arrest is using legal authority to deprive a person of his or her freedom of movement. Arrest is an important tool for bringing an accused before the court
as well as to prevent a crime or prevent a person suspected of doing crime from running away from the law. In some cases a private person can also arrest
a person.
Section 41 to 44 contain provisions that govern the arrest of a person by police and private citizens, while Section 46 describes how an arrest is a made
Cr.P.C contemplates
two types of arrests
Who can
Arrest?
Arrest by Arrest by
An arrest that is made Arrest by
An arrest that is made Police Private
for the execution of a
without any warrant but Magistrate
in accordance with Officer Person
warrant issued by a
some legal provision
magistrate and;
that permits arrest.

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ARREST – BY POLICE OFFICER – SECTION 41
Any police officer can arrest WITH or WITHOUT an order from the Magistrate. However, there are scenarios when he can do it WITH and scenarios when he
can do it WITHOUT the orders. Scenarios are shared below.
Police may arrest a person

without a Warrant (Section
41):
Who has been

concerned in any For whose arrest May arrest a
Who needs to
cognizable offence Who is in any requisition person who is in
(serious offences be detained in
Who has been possession of a Who got (whether written the “Suspect list
are defined as India (however,
proclaimed as stolen property Who obstructs a released as a or oral) has (Section 109)”
cognisable and as per
an offender by (and appears to police officer in convict, but been received OR a “Habitual
usually carry a complaint has
sentence of 3 years the Code OR have doing his duty commits a from another Offender
committed an
or more. Police State OR Govt. committed an breach again police officer (Section 110)”
offence outside
doesn’t need a offence) with the offence
warrant to arrest in India)
stated
such cases)
Section 42 allows a police officer to arrest a person for a non-cognizable offence, if he refuses to give his name and residence.
- As per Section 42(1), if the person has committed or has been accused of committing a non-cognizable offence refuses to share his name and residence, he may be arrested by such
officer in order that his name or residence may be ascertained.
- As per sub clause (2), the person must be released when the true name and residence of such person have been ascertained.
- As per sub clause (3), should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest, he shall forthwith be forwarded to the
nearest Magistrate having jurisdiction.

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ARREST – BY PRIVATE PERSON AND PROCEDURE – SECTION 43
private persons are empowered to arrest a person for protection of peace in certain situations. When the private person making an arrest is under a bona
fide impression that a non-bailable and cognizable offence is being committed in his presence, he can arrest that person. One does not have a right to
arrest on mere suspicion or on mere opinion that an offence has been committed.
As per Section 43(1), any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence,
or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the
absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. Thus, if a person is drunk and is committing
assault on others, he may be rightly arrested by any citizen and taken to the nearest police station.
In case of a non-
The private person must cognizable offence, the
If the person is arrested, as
take the arrested person police officer will ask his
per Section 50A, the
to the police officer or name and residence (as
The Police officer will arrest police officer is obligatory
police station without any per Section 42)…and
him if he falls under the to inform his friends and Police officer is bound to Lastly, Magistrate must be
reasonable delay. If he follow the procedure laid
provisions / reasons stated relatives. Police officer share the RIGHTS of the satisfied on the procedure
keeps the person in his in Section 42 (either
in Section 41 (in case of a shall record an entry in the arrested person to him. of arrest.
own custody, he will be release him if he shares his
cognizable offence) arrest record book sharing
guilty of wrongful name and residence OR
the person who has been
confinement as given in arrest him for further
informed about his arrest.
Section 342 of IPC procedure as per Section
42)

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ARREST – BY MAGISTRATE – SECTION 44
As per Section 44(1), when any offence is committed in the presence of a

Magistrate (whether
Executive or Judicial) within his local jurisdiction, he may himself arrest or order
any person to arrest the offender, and commit the offender to custody.
Further, Section 44(2) states that any Magistrate (whether Executive or Judicial),
may at any time arrest or direct the arrest, in his presence to issue a warrant.
Magistrates have wider power than private citizen. A magistrate can arrest on
the ground of any offence and not only on cognizable offence.
The arrested person must be produced before another magistrate within 24
hours, otherwise his detention will be illegal.

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ARREST – HOW AN ARREST IS MADE – SECTION 46
Section 46 of Cr.P.C shares the way in which the arrest is made.
As per Section 46(1), “Arrest” is Section 46(4), forbids the arrest

restraining the liberty of a of women after sunset and
As per Section 46 (2), if the As per Section 46(3), Police
person. Hence, arresting will before sunrise, except in
person resists or tries to evade or office has no right to cause the Lastly, Section 49 states that an
involve physical touching to exceptional circumstances, in
run away, the police officer can death of the person who is not arrested person must not be
confine the body. Mere oral which case the arrest can be
take necessary action to accused of an offence subjected to more restraint than
declaration of arrest will not done by a woman police officer
prevent his escape and in the punishable with death or with is necessary to prevent him from
amount to arrest (unless the after making a written report
process apply physical force to imprisonment for life, while escaping
person being arrested consents and obtaining a prior permission
immobilize the accused. arresting that person
to submission of arrest either from the concerned Judicial
through words or action) Magistrate of First class.

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ARREST – CONSEQUENCES OF NON-COMPLIANCE WITH THE PROVISIONS RELATING TO ARREST
In general, non-compliance does not void a trial. Just because any provision relating to arrest was not complied with does not affect whether the accused is
guilty or not. There are repercussions of non-compliance with the provisions relating to arrest. It is important to note that the provisions regarding arrest
cannot be by-passed by alleging that there was no arrest but only an informal detention. Informal detention or restraint of any kind by the police is not
authorized by law.
Consequences of non-
compliances related to
arrest
Further, everybody has a right

to defend himself against
unlawful arrest and a person Similarly, any private person
If a person who has an
can exercise this right under who does not have an
The violation will be material authority to arrest, arrests a
Section 96 to 106 of IPC and authority to arrest, arrests a
in case the accused is person with full knowledge A person making illegal arrest
he will not be liable for any person with full knowledge
prosecuted on the charge of that the arrest is illegal, he also exposes himself to civil
injury caused due to it. Also, that the arrest is illegal, can
resistance to or escape from will be liable to be suit of false imprisonment.
a person who is making an be prosecuted under Section
lawful custody prosecuted under Section 220
illegal arrest is guilty of 342 of IPC for wrongful
of IPC.
wrongful confinement and confinement.
also exposes himself to
damages in a civil suit.

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ARREST – RIGHTS OF AN ARRESTED PERSON
Cr P.C gives wide powers to the police for arresting a person. Such powers without appropriate safeguards for the arrested person will be harmful for the
society. Hence, there are rights that are granted to an arrested person as well. These rights can be described as follows
Rights of an Arrested
Person
6. Right to be
7. Right to be
2. Right to be 4. Right to consult 5. Right to free legal informed about the
1. Right to know the 3. Right to be taken examined by a
informed of the Legal Practitioner - aid - Article 21 of right to inform of his
grounds of arrest - to magistrate medical
provision for bail - Article 22 (1) of constitution and arrest to his relative
Section 50(1) without delay practitioner –
Section 50(2) constitution Section 304 or friend – Section
Section 54
50A
• Every police officer or - Offences of non-serious - Article 22(2) gives a - For conducting a fair trial - Section 304 provides If the person is - While Section 53 allows a
other person arresting any nature don’t require an fundamental right to the it is absolutely necessary police officer to get the
person without warrant
the provision of arrested, as per
offender to be in arrested person that he that the accused person accused examined by a
assigning a pleader
shall forthwith
custody. For such must be produced is able to consult with a Section 50A, the registered medical
communicate to him full before a magistrate legal practitioner whom (where the accused practitioner, Section
particulars of the offence offences, Cr.P.C allows
within 24 hours of arrest he trusts. does not have the police officer is 54(1) gives the accused
the offender to ask for
for which he is arrested or
(excluding the time - Article 22(1) states that means to hire a legal obligatory to inform a right to get himself
other grounds for such bail as a matter of right.
arrest. - Section 50(2), provides
necessary for the journey no person who is practitioner) his friends and examined by a
from the place of arrest arrested shall be denied registered medical
• The same provision exists in that where a police
to the court of the the right to consult, and
- In Article 21, which relatives. Police practitioner.
case of an arrest made officer arrests any gives fundamental
under a warrant in Section magistrate) to be defended by, a officer shall record - While Section 53 is meant
person for a non-serious right to life and
75. In this case, the police
offence, he shall inform
- This is meant to prevent legal practitioner of his an entry in the arrest to aid the police in
officer or any person abuse of police power choice. It is up to the liberty, the state is investigation, Section
making arrest under the person arrested that and to prevent the use arrested person to under constitutional
record book sharing 54(1) is meant for the
warrant must notify the he is entitled to be of a police station as a contact and appoint a mandate to provide the person who has accused to prove his
substance of the warrant released on bail and prison. It prevents arrest such a legal practitioner innocence. This right can
to the person being that he may arrange for merely for the purpose of (not a State free legal aid to an been informed also be used by the
arrested and if required, sureties on his behalf. extracting confessions. Responsibility) indigent accused about his arrest. accused to prove that
must show the warrant. person he was subjected to
physical injury.
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BAIL – BAILABLE VS. NON-BAILABLE OFFENCE
Bailable Offence: Section 2(a) defines it as Non-Bailable Offence: Any offence that is
“Bailable offence means an offence which not a “bailable offence” is a “non-
is shown as bailable in the First Schedule, or bailbalbe offence”
which is made bailable by any other law
for the time being in force; and “non- Non-bailable offences include offences
bailable offence” means any other such as murder, threatening a person to
offence; give false evidence, and failure by a
person released on bail or bond to appeal
The definition simply makes those offences before court.
as bailable which are listed as so in the First
Schedule of Cr P C. These offences include
offences such as obstructing a public
servant from discharging his duties, bribing
an election official, and providing false
evidence. “Bailable offences” are of
relatively less severity.

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BAIL
Releasing a person on bail is a rule, while denying bail is an exception. The purpose of arrest and detention of a person is primarily to make sure that the person appears before the
court at the time of trial and if he is found guilty and is sentenced to imprisonment, he must be made available to serve his sentence. It is a violation of a person's fundamental right
to restrict the person's liberty without any just cause. Bail is an agreement in which a person makes a written undertaking to the court stating that he will appear for the proceedings
as and when required. Bail covers both release on one's own bond with or without surety.
Denial of Bail
- Bail can be denied if there is a violation of the bail bond

- Section 437 disallows the bail to be provided if:
- If there is reasonable grounds to believe that the person is
charged for an offence that has a punishment of death or life
imprisonment
- If the person has committed an offence and is already on bail
Provisions of Bailable for a crime of death or life imprisonment
- Persons accused of Dowry Death
Offences Cancellation of Bail
- Section 439 gives the power to the court to cancel the bail with no
riders. It is a discretionary power. It is not necessary that some new
events should take place subsequent to the offender's release on bail
for the Sessions Judge to cancel his bail, however, the court usually
bases its decision of cancellation on subsequent events.
Section 436: When a person is detained for a Section 436 (A) allows a person to be
bailbale offence, the person must be released on his own surety if he has already Section 440(1): States that the amount of
released on bail. Officer or court, if he or it spent half the maximum sentence provided bond / bail shall not be excessive. The right
thinks fit, may, instead of taking bail from for the alleged crime in jail. However, this to bail cannot be nullified by imposing a very
such person, discharge him on his executing does not apply if death is one of the high amount for bail.
a bond without sureties for his appearance. punishments specified for the offence.

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BAIL
Releasing a person on bail is a rule, while denying bail is an exception. The purpose of arrest and detention of a person is primarily to make sure that the person appears before the
court at the time of trial and if he is found guilty and is sentenced to imprisonment, he must be made available to serve his sentence. It is a violation of a person's fundamental right
to restrict the person's liberty without any just cause. Bail is an agreement in which a person makes a written undertaking to the court stating that he will appear for the proceedings
as and when required. Bail covers both release on one's own bond with or without surety.
Conditions on Bail
As per Section 437, if any person accused of an offence

punishable with 7 years or more of imprisonment is released on bail,
Provisions of Non-Bailable
the court may impose any condition on the bail to ensure that the Offences
person will attend the court in accordance with the bond
executed by him, or to ensure that the person will not commit a (Person cannot demand to be released on
similar offence or otherwise in interest of justice. bail as a matter of right. He can, however,
request the court to grant bail)
Special powers of High Court and Sessions Court in granting bail
(Section 439)
A High Court or Court of Sessions may direct that any person

accused of an offence and in custody be released on bail. It may
also impose any condition which it considers necessary. It may set Section 437: When a person is arrested without warrant,
aside or modify any condition imposed by a Magistrate when the person may get a bail if: Section 436 A allows a person to be released on his
releasing any person on bail. - no reasonable grounds for believing that the accused own surety if he has already spent half the
has committed a non-bailable offence, but sufficient maximum sentence provided for the alleged crime
enough for further inquiry/investigation (on the in jail. However, this does not apply if death is one
execution by him of a bond without sureties for his of the punishments specified for the offence.
appearance)
If the investigation is not done within 24 hours, the arrested person must
If, in any case triable by a Magistrate, the trial of an be bought before the court and if required, the police must make a
accused of any non-bailable offence is not After the conclusion of the trial and before judgment case to extend the detention. The court may extend the detention by
concluded within a period of sixty days from the first is delivered, if the Court is of opinion that there are 15 days.
date fixed for taking evidence in the case, such reasonable grounds for believing that the accused is However, the detention cannot extend more than 60 days (or 90 days,
if the offence is punishable by death or imprisonment for life), after
person shall be released on bail to the satisfaction of not guilty, it shall release the accused which the accused must be released on bail.
the Magistrate This provision applies for bailable as well as non-bailable offence.

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ANTICIPATORY BAIL – SECTION 438
When a person apprehends a situation where a case may get instigated against him just to harass a person by getting him arrested,
he may apply to Court of Session or the High Court under Section 438 for a direction that he be released on bail upon his arrest. This
provision is commonly known as Anticipatory Bail, i.e. bail in anticipation of an arrest.
Anticipatory bail is technically an incorrect term because a bail can be given only if a person has already been arrested. In this case,
the court directs that the person be released on bail as soon as he is arrested. Thus, it is a direction to provide bail and not the bail
itself.
Court considers the following before giving an anticipatory bail:

- Should be for a non-bailable offence…only then the person is asking for it
- Can be given by High Court or Court of Sessions. (Section 438(1))
- Person must explain the circumstances (hunch is not enough)
- A generic direction or a blanket order to be released whenever the applicant is arrested and on whatever offence is not allowed.
- It won’t grant, if there is a possibility of a person fleeing from the country, or may harm the applicant, or there is a previous history of
arrest
Refusal of Anticipatory Bail

Although, there is no specific provision that prohibits granting anticipatory bail, there are certain situations where such bail is normally
not granted. These are –
a) In case of dowry death or wife harassment.
b) In case of economic offences
c) In case of atrocious crimes

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7. Principal feature of fair trial. Trial procedures:

1. Sessions Trial
2. Warrant Trial
1. Cases instituted upon a police report
2. Cases instituted otherwise than a police report
3. Conclusion of trial
3. Summons trail by magistrate
4. Summary trial

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PROCEDURE FOR COMPELLING APPEARANCE
It is important to produce the accused and other witness or related parties before the court whenever needed. If the accused is found guilty at the
conclusion of the trial, he must be present in person to receive the sentence.
Also, his presence is necessary if imprisonment is to be enforced.
Chapter VI (Sections 61 to 90) of Cr.P.C. provide three ways for compelling the appearance of any person who is required to be present in the court, in the
court.
Summon Case vs. a Warrant Case
The code classifies all criminal cases into summons cases and warrant cases. A case is
a warrant case if the offence is punishable by death, imprisonment for life or
imprisonment for more than two years. A summons case is a case that is not a warrant
case. Thus, The basis of classification is the seriousness of the offence. Since summons
case contains a lesser sentence, there is less probability of the accused violating the
court order. Therefore, generally, a summons is issued for a summons case and a
Ways of compelling
warrant is issued for a warrant case. However, when a Summons is not productive in
making a person appear before the court, the count may issue a warrant to a police
appearance
officer or any other person to forcibly produce the required person before the court.
Summon Warrant Proclamation for person absconding
A Summons is a process issued by a Court, calling upon While Summons is an order of the court to the When a person is hiding from his place of residence so as to
a person to appear before a Magistrate. It is used for the person to appear before it, Warrant is an order of frustrate the execution of a warrant of arrest, he is said have
purpose of notifying an individual of his legal obligation absconded. A person may hide within his residence or outside
the court given to a third person to bring the away from his residence. If a person comes to know about
to appear before the Magistrate as a response to a person who is required to be present in the court, in the issuance of a process against him or if he anticipates such
violation of the law. It is addressed to a defendant in a
the court. A warrant of arrest is a written authority a process and hides or quits the country, he is said to have
legal proceeding. Typically, the summons will announce
given by a competent magistrate for the arrest of a absconded. If the court has reason to believe that a person
to the person to whom it is directed that a legal has absconded to avoid the execution of his arrest warrant,
proceeding has been started against that person, and person. It is a more drastic step than the issue of a
the court may publish a written proclamation requiring such
that a file has been started in the court records. The summons. It is addressed to a person, usually a person to appear before it at the specified place and time.
summons announces a date and time on which the police officer, to apprehend and produce the The date and time of appearance must not be less than thirty
person must appear in court. offender in front of the court. days from the date of proclamation.

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SESSIONS TRIAL
Section 225-237 of the Code deals with the procedure for a trial before a Court of Session. A session trial is coupled with arguments, evidence and cross-
examinations.
Initial Stage Second Stage Third Stage
It is the last stage of the trial where the accused is either convicted
A trial is initiated by the prosecution who tries to prove the guilt of the Under Section 229 of Cr.P.C. an accused may plead or acquitted. Under Section 232 of the Code, an accused can be
accused through evidence. Section 225 of the Code lays down that acquitted if the Court after hearing both the parties and considering
the case of prosecution shall be conducted by a Public Prosecutor guilty before the Court and upon such pleading, the all the evidence, considers that there no evidence which proves the
where the trial is before a Court of Session. Court on his discretion may convict the accused. commission of the alleged offence by the accused.
The accused should plead guilty by his own mouth
and not through his pleader or counsel.Any
admission made by his pleader is not binding on him
If the accused is not acquitted then the Judge calls upon him to
enter on his defence. The accused in his defence may apply for issue
As per Section 226 of the Code requires a public prosecutor to open of any process to compel the attendance of any witness or
his case by describing the charges against the accused and must production any documents. A Judge is required to consider all such
also state the evidence through which the prosecution will prove the application but can also refuse it if the Judge has reasons to believe
guilt of the accused. that such application is vexatious or is made for the purpose of
defeating the ends of justice.
Where the accused refuses or does not plead guilty,
the Court is required to fix a date for the
examination of witnesses. And on such date, the
An accused may be discharged at the initial stage of a sessions’ trial. Court shall take the evidence which may be A Court after hearing the arguments shall pronounce the judgment
Section 227 empowers the Judge to discharge an accused if after produced by the prosecution. A witness will be under Section 235 of the Code. An accused may be either
consideration of the documents and records submitted against the
accused and after hearing the prosecution and accused, the judge examined orally. A judge under Section 231 (2) may acquitted or convicted. The acquittal will be done as per the
procedure embodied under Section 232 but the judgment for
finds that there is no sufficient ground to proceed against the defer the cross-examination of any witness and may conviction will be pronounced in accordance with Section 235. A
accused. The section aims to ensure that a person is not harassed also recall any witness for further cross-examination. judge shall pass the sentence of conviction according to law.
unnecessarily by the means an unnecessary prolonged criminal trial.

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WARRANT TRIAL (SECTION 238-250)
A warrant case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years. These warrant cases are further divided into two
main categories depending upon the nature of the complaint.
- Cases instituted through a police report (Section 238 to 243)
- Cases instituted otherwise than a police report (Section 244 to 247)
The last part of the cluster of Sections 248 to 250 deals with the procedure of “Conclusion of Trial”, that remains common to the above two categories.
Cases instituted through a police report (Section 238 to 243)
Section 238: Section 239: When Section 240: Framing of Section 241: Section 242: Evidence Section 243: Evidence Argument: After Judgement: The trial
Compliance with Accused will be Issues: If during the Conviction of plea of for Prosecution: After of Defence: When the closing of the ends either in
Section 207: When a discharged: After hearing of the guilty: If the accused hearing the charges prosecution closes his evidence any party to conviction or acquittal
warrant case is considering the police prosecution charge pleads guilty, than the from the magistrate, if case after examining the proceeding may of the accused. It is
instituted by the police report and hearing the and looking at the magistrate may the accused pleads the witnesses, it’s produce a concise decided by the court
report, and the prosecution charges, if police report, if the convict him thereon. not guilty, than the defence turn. oral argument. with reasons stated in
accused has the magistrate magistrate is of the magistrate shall fix the In this case the the “Judgement”
appeared before the considers the charge opinion that there are date for examination accused defence has
magistrate, the to be groundless, he grounds for the of witnesses. the opportunity to
magistrate shall satisfy shall discharge the charges, he shall In case of a criminal “Cross Examination” of
himself for the accused. frame in writing the case, the state witnesses who were
compliance of Section charges against the presents it’s case first. examined by the
207. (Section 207 accused. He shall read Burden of proving the prosecution in
basically expect the those charges to the guilt is on the “examination in chief”.
police to provide the accused and ask prosecution.
accused a free copy whether he pleads Defence can produce
of police report, guilty of the offence Prosecution can call both oral and written
evidence details etc.) OR should be tried. upon witnesses to documentary
prove the offence. evidence.
The process of proving
guilt by witnesses, is
called “Examination –
in – chief”

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Cases instituted otherwise than a police report (Section 244 to 247)
Section 244: Evidence for prosecution: Section 245: When Accused will be Section 246: Procedure where accused Section 247: Evidence for defence: The
When in any warrant case instituted discharged: After hearing the is not discharged: Magistrate shall accused shall then be called upon to
otherwise than a police report, the prosecution charges, if the magistrate frame in writing the charges against enter upon his defence and produce
accused appears or is brought before considers the charge to be groundless, the accused. He shall read those his evidence; and the provisions of
the magistrate and magistrate will hear he shall discharge the accused. charges to the accused and ask Section 243 shall apply to this case.
the prosecution with evidences. whether he pleads guilty of the offence
The Magistrate on application of OR should be tried.
prosecution, issue a summon to any of If the accused pleads guilty, than the
its witnesses asking him to attend or magistrate may convict him thereon.
produce documents. After hearing the charges from the
magistrate, if the accused pleads not
guilty, than the magistrate shall fix the
date for examination of witnesses.
Examination in chief will happen by the
prosecution

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Sections 248 to 250 deals with the procedure of “Conclusion of Trial”
Section 248: Acquittal or Section 249: Absence of Section 250: Compensation

Conviction: The trial ends Complainant: If on the day for accusation without
either in conviction or of the hearing the reasonable cause: If the
acquittal of the accused. It complainant is absent, and magistrate after hearing
is decided by the court with the offence is not a finds no grounds based on
reasons stated in the cognizable offence, the which the acquisition was
“Judgement” magistrate (before framing formed, may ask the
the charges) discharge the complainant to explain why
accused he should not be paying
compensation to accused.

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SUMMON TRIAL BY MAGISTRATES (SECTION 251 – 259)
Summon cases are those in which punishment will not exceed imprisonment for two years. It can be said
that summon cases are not of serious nature, so it needs to be decided speedily, without dispensing the
requisites of the fair trial.
Section 251: Explanation of

the particulars of the
Section 252 and 253:
Conviction on plea of guilty:
Section 254: Prosecution and Defence
Case: The magistrate will
Submission of Section 255: Acquittal
or conviction: After
offence: Section 251 Section 252 and 253 Procedure if the hear the accused and take Arguments: After recording the
provides that it is not provides conviction on the all the evidence. In the
mandatory to frame plea of guilty. Section 252 accused not hearing, the prosecution will the submission of evidence under 254
charges but the section provides plea of guilty in convicted on be given chance to open the evidence of the magistrate will
does not dispense with the general and section 253 its case by putting facts and acquit the accused if
explanation of the provides plea of guilty in plea: Section circumstances which the defence, he he finds the accused
particulars of the offence
when accused is brought or
case of the petty cases. In
case accused plead guilty,
254 provides constitute the case and by
revealing the evidence
will be allowed not guilty. If the
appear before the Court. the answer is affirmative about both which he relied upon to to submit his accused is guilty than
This is done to make the than in accordance with prove the case. Magistrate shall
accused cognizant for the law court will record the prosecution and After the prosecution
arguments proceed according to
allegations made against
him.
plea in the exact words of
the accused on the basis of
defence case if evidence under 254 and under section Section 360 or 325
which accused can be the accused not examination of defence
under section 313, in the
314 otherwise, sentence
him according to the
convicted on the Court’s
discretion. If not affirmative
convicted on continuance of this, the
law.
court will proceed with the
than the court needs to plea under defence hearing under
proceed further with
Section 254. section 252 and section 254(1).
253.

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SUMMARY TRIAL (SECTION 260-265)
Summary Trials are the trials which are speedily disposed and with the simplified procedure of recording the trials. The principle of the summary trial is based on the legal maxim ‘justice
delayed is justice denied’. It is important to note that the summary is only in recording the proceedings and not in conducting the proceedings. The proceedings in every case have to be
done cautiously and prudently. A summary trial implies that the case is tried and disposed at once. Such a trial is not available to cases which are complicated and require a lengthy
process of inquiry. The access to summary trial even in small cases prevent a miscarriage of justice which would have otherwise taken several years to complete the proceedings.
Section 260 to 265 of the Code of Criminal Procedure, 1973 (Cr.P.C.) deals with the provisions related to summary trials.
- Section 260 of the Code confers any Chief Judicial Magistrate,Metropolitan Magistrate and Magistrate of the first class with the power to try trial summarily.
- Section 261, any High Court may empower any Magistrate of the second class to try summarily any offence punishable only with fine or with imprisonment for a term not exceeding 6
months with or without fine and any attempt or abetment of such offences
Offences that can

be Summary Tried
Offences Lurking house-

Offences
which are not trespass or
under IPC Offence
punishable Offences house-
where Assisting in relating to Offences
with death or under IPC breaking in Offences
receiving or concealment insulting with related to
imprisonment where stolen order to related to
retaining of or disposal of intent to Cattle –
with life or property is not commit Criminal
stolen stolen provoke a Trespass under
imprisonment valued more offence Intimidation
property value property breach of IPC
for a term than Rs. 2000/- punishable
is not more peace
exceeding 2 with
than Rs. 2000/-
years imprisonment

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DIFFERENCE BETWEEN WARRANT AND SUMMON CASE
Summon Case Vs. Warrant Case

1. The Code prescribes only one procedure for all summons cases, 1. But the Code prescribes two procedures for the trial of a warrant case my
whether instituted upon a police report or otherwise. magistrate – one for case instituted upon a police report and one for case
instituted otherwise than on a police report.
2. In a summons case no charge needs to be framed only the
2. Whereas in a warrant case, a charge needs to be framed against the
particulars of the offence needs to be conveyed to the accused.
accused.
3. In Warrant case, as per Section 241, after the charge is framed, the
3. In summons cases, as per Section 252, if the accused pleads accused may plead guilty and the magistrate may convict him on his
guilty, the magistrate must record the plea of the accused and discretion.
may, in his discretion, convict him on such plea. 4. However in Warrant case, the Accused must appear personally
4. In summons cases, the Accused may plead guilty by post 5. In the case of Warrant case, the Magistrate can discharge the accused if
without appearing before the magistrate. complainant is absent, or no charge is framed, or if the offence is
compoundable and non-cognizable.
5. In summons cases, the accused may be acquitted, if the
6. In a warrant case, the complainant may, with the permission of the court,
complainant is absent or if the complainant dies.
withdraw the remaining charges against an accused, if he is charged with
6. In Summons cases, the complainant may, with the permission of several offences and convicted on one or more of them.
the court, withdraw the complaint against the accused. 7. A warrant case may contain charges that reflect a summons case.
7. A summons case cannot have charges that require a warrant 8. Whereas in warrant case, the Accused may get more than one
case. opportunity to cross-examine the prosecution witness. A charge under a
warrant case cannot be split up into its constituents for trial under
8. In summons case the Accused gets only one opportunity. summons case.

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5. Complaints to magistrates and

commencement of proceedings before
magistrate

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COMPLAINTS TO MAGISTRATE (SECTION 200-203)
Section 225-237 of the Code deals with the procedure for a trial before a Court of Session. A session trial is coupled with arguments, evidence and cross-
examinations.
If complaint is not made to

Examination of complaint Postponement of Issue of Dismissal of Complaint
the competent magistrate
(Section 200) process (Section 202) (Section 203)
(Section 201)
A Magistrate with whom

compliant filed, shall examine the
If the complaint is filed Any Magistrate on receiving a If, after considering the
complaint of an offence for statements on oath (if any)
complainant and also witnesses in a court which which he has authorization to
on oath. The contents in the of the complainant and of
compliant shall also examined
cannot take take cognizance or the case
the witnesses and the result
has transferred to him, if he
and reduced in writing in a report. cognizance of thinks, postpone the issue of of the inquiry or
It should have signature of
complainant, witnesses and also offence, he shall be process. investigation (if any) under
the Magistrate. asked it to present it in section 202, the Magistrate
However, examination of the It can postponed if the is of opinion that there is no
complaint is not required if: the right court. If the accused resides at a place sufficient ground for
- If a public servant acting or complaint was made beyond the areas in which he
proceeding, he shall dismiss
purporting to act in the exercises his jurisdiction.
discharge of his official duties or in writing, then it the complaints, and in
a Court has made the should be returned The magistrate can also either every such case he shall
complaint inquire into the case himself or briefly record his reasons for
- If the Magistrate makes over the back. direct the police officer to so doing.
case for inquiry or trial to
investigate into the case.
another Magistrate
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COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATE (SECTION 204 – 210)
"Commencement of proceedings" happens with the proceedings that take place after "taking of cognizance" of an offence by a magistrate under Section
190, which can happen either on a complaint by any person, a police report, any other source other than a police officer, or upon his own knowledge.
Magistrate may Supply of copies of Procedure for when

Supply to accused Commitment of case
dispense with Special Summon in statements to there is a complaint
copy of police report to court of session
Issue of process personal cases of petty accused in other case and police
and other when offence is
(Section 204) attendance of offences (Section cases triable by investigation for the
documents (Section triable exclusively by
accused (Section 206) court of sessions same offence
207) it (Section 209)
205) (Section 208) (Section 210)
If, in the opinion of a

Magistrate taking
Section 205, which
contains a salutary
The obvious intent of
Section 206 is to avoid
Section 207 lays down
that in every case
Section 208 provides that
in a case which is Section 209 Section 210 of the
Code has
cognizance of an offence,
there is sufficient ground for rule of procedure, unnecessary
inconvenience to a
where the proceeding instituted otherwise than
a Police Report, if it
then lays introduced a new
provides that has been instituted on
proceeding, and the case
appears to be: whenever a
person accused of petty
a Police Report, the
appears to the down that in a procedure to be
offences, i.e., offences Magistrate issuing the followed when there
- Summon case: He must
issue his summons for
Magistrate issues a which are punishable Magistrate must, process that the offence case which is is both a complaint
summons, he may only with a fine not without any delay, can be tried exclusively
the attendance of the
dispense with the exceeding Rs. 1,000, but furnish to the accused, by the Court of Sessions, instituted on a case and police
accused; or investigation in
- Warrant case: He may personal attendance excluding offences
punishable under Motor
free of cost, a copy of
the following
the Magistrate must,
without any delay, furnish
Police Report, respect of the same
issue a warrant, or if he of the accused, and
thinks fit, a summons, for
allow him to appear
Vehicles Act, or any other documents: to the accused, free of
cost, a copy of each of
or otherwise if offence. It provides
causing the accused to law which provides for - Police Report that, in such a case,
be brought, or to through his Pleader, if conviction of the - FIR the following documents: it appears to the Magistrate must
there is sufficient accused in his absence (i) The statements
appear, at a certain
time before such reason for doing so. It on a plea of guilty. In
- Statements (recorded of all persons the Magistrate stay all the
recorded proceedings in
Magistrate or (if he has
no jurisdiction, himself)
will be seen that this such cases, an option is
given to the accused to - Confessions
examined
Magistrate.
by the
that the respect of the inquiry
section deals with
some other Magistrate
having jurisdiction, in exemption from initial
plead guilty to
charge, and remit the
the recorded
- Any other
(ii) The statements and
confessions, if any
offence is or trial in the
the matter. appearance, and not fine specified in the document, or (iii) Any documents triable complaint case, and
Thus, Section 204 gives a with exemption from summons by post, or by relevant extracts produced before the call for a report on
wide discretion to the
Magistrate as regards appearance at the messenger, or by a thereof, forwarded Magistrate on which the exclusively by the matter from the
Pleader authorized by prosecution proposes to
granting or refusing a final trial.
him in writing.
to the Magistrate
rely. the Court of Police Officer who is
process. with the Police conducting the
Report. Sessions. investigation.
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6. The charge:
• Form of charges
• Joinder of charges

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CHARGE (211 – 224)
Charge: Section 2(b) defines it as “any heads of charge when the charge contains more heads than one”.
A charge is a formal recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused. A charge is drawn up by a court only
when the court is satisfied by the prima facie evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend himself. A charge gives the accused accurate and precise
information about the accusation against him.
Essentials of a Charge (Section 211

shares the content of the charge)
Particulars of the
way in which the
Accused person’s Details of Time, offence was
previous Place and Person committed
Substantive
convictions: (Section 212) : It is (Section 213): In
requirements of
Charge’s Charge might crucial for a cases where the
offense to be
Defining and language: It is to state the fact, charge to information
Describing the Mentioning the complied with: Thing in respect
understanding be noted that date, and place contain the time above is not
Stating the offence by the law and section The charge must of which offense
the offense: In one of the basic of the previous when offense sufficient to give
Offence: The name: Along with of law: The fulfil the is committed: It is
places where the essentials of conviction in happened, place notice of the
offense must be the charge the charge must requirements of important for a
criminal law has charge is that the places where the where offense offense with
expressed, in a name of the contain the law the offense, charge to express
not named the charge should be accused is liable was committed, which the
charge sheet so offence, related or the section of whether there the property in
offence then a framed in English to enhanced person against alleged accused
that the accused to such charge the law against are any respect of which
definition/ or the Court’s punishment by whom the has been
may shield must be clearly which the offense exceptions are the offence is
meaning of the language or the virtue of his offense was charged, then it is
himself. defined and has been said to there or not and if said to have
offense must be language which previous committed and expected that
explained. be committed. there are then taken place.
expressed. is understandable conviction and any other object the charge shall
the charge
by an accused. where such or thing against include the
should adhere to
previous whom the particulars of the
them.
conviction has to offense was manner in which
be proved. committed. the alleged
offense was
committed.

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CHARGE (211 – 224)
Effects of errors in a Charge (Section 215):
In general, an error in a Charge is not material unless it can be shown that the error misled the accused or that the error caused injustice. Section 215 says, "No error in stating either the
offence or the particulars required to be stated in the charge, and no omission to state the offence 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."
Alteration in a Charge (Section 216)

This section deals with alteration in charge. The object is to secure fair trial to the accused
and it is the duty of the court to ensure that alteration or addition of charge has not
caused prejudice to him. It must be exercised judiciously though the power is wide and
extensive,. However, the court cannot alter the charge to the prejudice of the accused.
Similarly, such power cannot be exercised after the accused is discharged of all the
charges in as much as no charge exists against him and the provisions of Section 216 do
not apply.
If the alteration or addition to a

If the alteration or addition is such If the offence stated in the
charge is such that proceeding
that proceeding immediately altered or added charge is one
Any court may alter or add to Every such alteration or addition immediately with the trial is not
with the trial is likely, the court for the prosecution of which
any charge at any time before shall be read and explained to likely, the court may, proceed
may either direct a new trial or previous section is necessary, the
judgment is pronounced. the accused. with the trial as if the altered or
adjourn the trial for such period as case shall not be proceeded with
added charge had been the
may be necessary. until such sanction is obtained.
original charge.

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JOINDER OF CHARGES (218 – 222)
Under the criminal procedure, sections 218 to 222 speak about the provisions related to joinder of charges in one trial against the same accused. The only exceptions
recognized are contained in Sections 219,220,221 & 223 of CrPC .Hence separate trial is the rule and the joint trial is an exception. The sections with state the exceptions are
only enabling provisions. A court can order a separate trial even though the case is covered by one of the exceptions enabling a joint trial in its discretion.
The initial requirement in conducting a fair trial in criminal cases is a precise statement of the charges of the accused. This requirement is ensured by Cr.P.C. Through
Sections 211 to 214, which define the contents of a charge. Precise formulation of charges will amount to nothing if numerous unconnected charges are clubbed together
and tried together. To close this gap, Section 218 enunciates the basic principle that for every distinct offence there should be a separate charge and that every such
charge must be tried separately.
Strict implementation of Section 218 will lead

to numerous cases. Therefore sections 219 to
223 provide certain exceptions to this basic
rule
Offences of criminal
breach of trust or
Where it is doubtful what
misappropriation of
offence in the alternatives:
Three offences of same property connected with Same acts constituting
kind within one year: Offences in course of falsification of accounts: one and also different If it is doubtful on facts
same transaction: offences: proved which of several
In cases where the person A person may be Same act constituting offences has been
Desire of accused: is accused of more In situations where one charged with and tried at In cases where an act
different offences: committed; then in that
In cases where the offences than one of the series of acts so one trial for every such constitutes of one or more case, the accused may be
A person may be
accused himself wants a same kind committed connected together form offence, in cases where than one offences, and charged with one of such
charged with and tried at
joint trial and the within one year, then the same transaction, he has committed one or also constitutes a different offences or with several
one trial only for every
magistrate is satisfied that regardless of the fact that and more offences than more offences of criminal offence when combined, offences in the alternatives.
such offence where the If in such a case, the
such joint trial will not the crime has been one are committed by breach of trust or there may be joinder that
alleged acts constitute an accused is charged with
prejudice the accused, committed with respect the same person, then in dishonest is the person accused of
offence within two or one offence however if it
joint trial is allowed to be to the same person or such cases he may be misappropriation of them may be charged
more separate definitions appears on evidence that
carried. not, he may be charged charged with and tried at property and is accused with and tried at one trial
under the law. he has committed a
with and tried at one trial one trial for every such of committing falsification for individual offences as
for any number of them offence. of accounts or the well as the combined different offence for which
he might have been
not exceeding three. purpose of facilitating or offence.
charged, he can be
concealing the convicted of that offence.
commission of such
offence.

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3. Information to police and their powers to

investigate

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FIR (FIRST INFORMATION REPORT)
A First Information Report is a description of the situation and the act that constitutes
a cognizable offence as given to the office in charge of a police station by any
person.
• Such information is signed by the person giving the information. If the information is
given orally, it is reduced in writing by the officer in charge, read over to the
informant, and then signed by the person.
• The substance of this information is also entered into a register which is maintained
by the officer. This is the first time when an event is brought to the attention of the
police.
• The objective of the FIR is to put the police in motion for investigating the
occurrence of an act, which could potentially be a cognizable offence. Upon
receipt of an FIR, the police investigates the issue, collects relevant evidence, and
if necessary, places the evidence before a magistrate. Based on these preliminary
findings of the police, the magistrate then formally prepares a charges, with which
the perpetrator is charged.
• Thus, an FIR is one path that leads to a Charge.
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DIFFERENCE BETWEEN FIR AND COMPLAINT
FIR Vs. Complaint
• FIR implies the complaint registered • Complaint refers to an appeal made

with the police by the plaintiff or any to the magistrate, comprising an
other person having knowledge of allegation that a crime has taken
the cognizable offence. place.
• There is a prescribed format for a FIR • No prescribed format for a complaint
• It is addressed to a police officer • It is addressed to the Magistrate
• Required for Cognizable offence • Required for Cognizable and Non-
only cognizable offence
• Section 207 Of Cr.P.C. shall apply. • Section 207 Of Cr.P.C. shall not
apply.

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DUTIES OF A PROBATION OFFICER
A probation officer shall, subject

to such conditions and
restrictions, as may be
prescribed,-
(a) inquire, into the

circumstances or home
(b) Supervise probationers and
surroundings of any person (c) Advise and assist offenders
other persons placed under his
accused of an offence with a in the payment of
supervision and, where
view to assist the court in compensation or costs ordered
necessary, endeavor to find
determining the most suitable by the court;
them suitable employment;
method of dealing with him
and submit reports to the court.

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POWERS OF POLICE
Powers of Police are very wide and are based on two main functions of Police. These functions are Maintaining of Law and Order and Investigation of illegal activities.
Police is an important part of a healthy society. We always remember Police first when we are in trouble or under a threat. The powers of the Police are invested in them to have a smooth and healthy society.
But, they ultimately have a duty to protects the rights and interests of the individuals. Due to this, they must use their powers with the utmost care and caution.
Powers of Police
Powers of Police to
Powers of Police to Arrest Power of Preventive Arrest
Investigate
The Investigation of Police starts when; - Police have the power to arrest the persons as - The preventive arrest is the detaining of a person who is
- When someone lodges an FIR (First Information Report) likely to commit an offense. It is a highly debated topic
- When a Police officer suspects commission of a cognizable well.
- The Police can make the arrests for both all over the world.
offense
- In India, Section 107 and Section 151 of CrPC give the
- Whenever a competent magistrate orders the Police Cognizable as well as Non-cognizable offenses. powers of Police for preventive detention mainly.
The Police have the power to investigate Cognizable as well as - For non-cognizable offenses, a Police officer has - In case an Executive Magistrate receives information
Non-Cognizable offenses. no authority to arrest a person without warrant. that a person is likely to commit a breach of peace, he
- Police officers can investigate Cognizable offenses without the However, a Police officer can arrest a person may order him to show cause. The magistrate may also
magistrate’s orders. If a Police officer suspects the commission of
a cognizable offense, he has the power to investigate under without a warrant for Cognizable offenses. order him to execute a bond to keep peace in such
Section 157 without the filing of FIR. - In case of adequate grounds, the magistrate period.
- Police also have the power to require the presence of witnesses may extend the period of detention to 15 days. - It is the duty of the Police to prevent Cognizable
in order to pursue an investigation. Males under 15 years and offenses. Also, the Police have the power to arrest a
over 60 years of age, females, or mentally/physically disabled - Also, the Police have the power to release the person without a warrant or an order from the
persons shall not be required to attend as a witness except for accused in case of lack of evidence magistrate in cases they have knowledge that such
their residences. Police can examine these witnesses as well.
person is planning to commit a cognizable offense.
- Police also has the power to conduct a medical examination of
rape victims

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PROCEDURE OF INVESTIGATION IN A COGNIZABLE AND A NON-COGNIZABLE CASE / OFFENCE
Police power to investigate Police power to investigate

cognizable case Procedure for Investigation
a non-cognizable case
(Section 157)
(Section 155) (Section 156)
- When an information is received by a police - The police officer on information about a - After receiving the information about
officer regarding a non-cognizable case / cognizable offence / case, shall start the the offence, he finds there is reason to
offence, he shall enter it in the register of investigation without the order of Magistrate
commission an investigation, he shall do
police station and refer the information to - No questions will be raised on the police officer
the magistrate regarding his empowerment to do so, that.
- Police officer cannot investigate / put a case considering it’s a cognizable offence - He shall then send a report of the same
to trial without the order of the magistrate - Any Magistrate may order an investigation (if to the Magistrate
- Once the order is received, the police officer the complaint hasn’t come through police) - Magistrate based on the police report
shall do the investigation in similar fashion as and investigation, may take measures
done in case of a cognizable offence
for the discovery and arrest of the
- If the case relates to two or more than two
offences, and one of them happen to be offender
non-cognizable…the case shall be deemed - If the police officer doesn’t find a reason
as a cognizable case. to commission an investigation, he shall
inform the magistrate and investigation
won’t be conducted.

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RECORDING OF CONFESSIONS AND STATEMENTS
Procedure when
Recording of confessions investigation cannot be Examination of Witnesses by
and statements (Section 164) completed within 24 hours Police (Section 161)
(Section 167)
- Any Metropolitan magistrate or Judicial - If the investigation procedure is not - Any police officer making an
magistrate (even outside his jurisdiction) completed by police within 24 hrs, the investigation may examine orally any
may record any confession or statement police officer in charge shall forward the person supposed to be acquainted with
made to him in the course of investigation
accused to such Magistrate the facts of the case.
- Magistrate has to explain to the person that
this confession/statement may be used as
- The Magistrate may authorize the - Such person shall be bound to answer
an evidence. Hence, he should be doing it detention of the accused in such truly all such case related questions.
voluntarily without any influence of anyone custody for a term not exceeding 15 - Police officer may reduce into writing
- The person will be signing this statement / days in the whole (it can be in parts) any statement made to him
confession and Magistrate will make a - Magistrate authorizing the custody shall - As per Section 162, none of these
memorandum at the footer of the record reasons for doing so statements need to be signed by the
statement and sign it. - Magistrate shall forward a copy of the person being questioned
- Magistrate has the power to put the person
detention order to Chief Judicial
on oath (if he wishes to do so)
Magistrate

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4. Cognizance of offences by the magistrate

and court of sessions

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OFFENCE
A violation of a penal law is an offence. Thus, any act which is
deemed as an offence by any law is an offence.
In general, such act which causes a violation of rights of others or
cause harm to others and is so dangerous that is also affects the
society at large is designated as offence by the legislature through
the acts of the parliament.
Section 2(n) of Cr.P.C. defines an offence as: "Offence" means

any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a
complaint may be made under section 20 of the Cattle-trespass
Act, 1871.”

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DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE OFFENCE
Cognizance Vs. Non-Cognizance
• Those offences in which the • Where as in non-Cognizable

punishment is 3 years or more are Offences, the punishment is less than
cognizable offences 3 years
• In Cognizable Offences, the police • In non-cognizable offence, a police
officer can arrest without warrant officer cannot arrest without warrant
• FIR can be lodged only in cognizable • In non-cognizable matters only NCR
matters. can be registered
• If there are several offences out of
which one is cognizable and other is
non cognizable in a matter, both
shall be treated as a cognizable
offence
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COGNIZANCE OF OFFENCES BY MAGISTRATE
Taking cognizance actually does not involve any formal action by the judge or magistrate, because as soon as a magistrate applies his mind to the suspected commission
of an offence for the purpose of taking subsequent steps under criminal procedure code for example summoning an accused on the basis of the information available for
enquiry or trial, cognizance can be said to have been taken. Cognizance can be understood in simple terms as looking through a narrow keyhole and examining whether
an offence has been committed or not, and if at all it has been committed then whether proper sections of the IPC or any other special enactment are attracted or not.
Section 190 of the criminal procedure code provides:

Any magistrate of the first-class and any magistrate of the second-
class specifically empowered by the Chief judicial Magistrare can
take cognizance of any offence on the following grounds:
Upon information received from any

person other than a police officer or
Upon receiving a complaint Upon a police report
upon his own knowledge that such
offence has been committed
Section 193: Cognizance of offences by Courts of Sessions:

No court of session shall take cognizance of any offense as a court of original
jurisdiction unless the case has been committed to it by a magistrate under S. 193
of the Code

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8. Appeal, Revision and Reference

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APPEAL
In layman terms, Appeal is defined as an application of plea that is brought to a higher court to review the decision of the lower court.
Section 372 – 394 govern appeal. Appeal in criminal cases may either be to overturn the decision of the lower court OR to affirm the
decision and lower the sentence or conviction.
Section 372: No appeal to lie unless Stipulates that appeal shall only lie from the lower court to the upper court ONLY if it is provided for
otherwise provided in the code.
Section 374: Appeal from Convictions Appeals from higher court convictions. It stipulates that the appeal shall lie from high court to
supreme court for convictions. An appeal can also lie from the court of sessions to High court for a
conviction that is more than 7 years.
Section 375: No Appeal in certain cases Stipulates that no appeal shall be entertained in case where the accused plead guilty except if it is
when the accused pleads guilty related to the extent of conviction and sentence
Section 376: No Appeal in petty cases No appeal for petty cases. Petty cases are treated as simple offences or misdemeanor.
Section 377: Appeal by the state Appeal by the state government on the sentence or conviction that bothers on the ground of
government against sentence inadequacy.
Section 378: Appeal in case of Acquittal Covers appeal in cases of acquittal. In such instances, the cases can only be entertained or heard
with the leave of the court.
Section 379: Appeal against conviction Provides for an appeal against the sentence or conviction of the high court in cases such as:
by High court in certain cases - Life imprisonment
- Imprisonment for 10 years or more
- Death Sentence

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REFERENCE
Reference in a layman term is a constitution of various sources of information from the trial court. Reference is simply an application
made by the trial court to a higher court for the explanation of an act, legislation and regulation pertaining to the case in hand.
Reference is covered under Section 395 and 396
Section 395: Defines a reference where there is a case before trial

References to high court and such case involves questioning of the
court validity of regulation, ordinance or act or any other
provision of the regulation.
As such, lower courts or the trial courts will refer to the
higher court for its reason or opinion.
Section 396: Disposal Covers for the party that may bear the cost when the
of case according to reason or opinion sought for on point of law is
decision of the High returned back to the trial court. Also, it stipulates how
Court the pending case is determined subject to the return
of such opinion or reason by the trial court.
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REVISION
Revision in simple terms is to correct or alter a decision already made. It is a two-way traffic. That is, a decision of the court can be
revised by the trial or lower court or by the higher or supreme court. The main is to reverse the decisions made by the lower court.
Revision is covered under Section 397 – 402 of the Cr.P.C.
Section 397: Calling for The court has the power to call for records of proceedings of its court or
records to exercise powers of any inferior court.
revision
Section 398: Power to order Upon examining the records of proceedings, the judge has the right to
inquiry order for an inquiry into the decision of the case
Section 399: Sessions Judge’s The session judge have the power to revise a decision and he/she can
power of revision call the additional session judges for the revision of the decision
Section 400: Power of
Additional Sessions Judge
Section 401: High Court’s The high court has the power to revise the cases before it or before the
powers of revision inferior or lower courts
Section 402: Power of high The high court also has the power to transfer or withdraw the revision
court to withdraw or transfer cases before it.
revision cases
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DIFFERENCE BETWEEN APPEAL, REFERENCES, REVISION

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9. Maintenance of wives, children and parents

(Section 125 to 128)

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MAINTENANCE OF WIFE, CHILDREN AND PARENTS
As to who is Eligible to Claim Maintenance?
When any person neglects or refuses to maintain-
(a) wife,
(b) children,
(c) parents,
they can claim maintenance by filing an application before the Magistrate.
• Such maintenance is granted at such monthly rate, as the Magistrate thinks fit.
• If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to
maintenance.
• However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her
husband. If she remarries, after the date of her divorce, she cannot claim any such maintenance. On any of these grounds, a
husband may apply for cancellation of any such order of maintenance.
• If husband and wife are living separately by mutual consent, even in that situation wife is not entitled to claim any such
maintenance.
Sufficient Means to Maintain - Satisfaction of Magistrate

• Before any such order is passed in favour of the applicant, Magistrate is to be satisfied that the person who neglects or refuses to maintain must have sufficient means.
• In case one claims maintenance in the capacity of wife, she must be unable to maintain herself. In case of claim of maintenance in the capacity of a child, legitimate
or illegitimate minor children, whether married or not, they can claim maintenance, if they are unable to maintain themselves.
• Even if they have attained majority, they can still claim maintenance, but only when they are unable to maintain themselves because of any physical or mental
abnormality or injury.
• Married daughter is not entitled to claim such maintenance. In case of minor married female child, she would be entitled to claim maintenance from her father, if she is
unable to maintain herself, until she attains majority, if the Magistrate is satisfied that her husband is not possessed of sufficient means.
• You as one of the parents are entitled to claim maintenance, when you are unable to maintain yourself.

55

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LAW OF CRIMES - II (CRPC)

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PAPER – 2 Law of Crimes - II (CRPC) - (Paper Code : K-5002)

The course shall comprise of the following :

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Q5. Bailable Offence

Part B: (10 marks question. Attempt any 2)

Q6. Difference between summons and warrant trial

Q7. Difference between complaint and charge

Q8. Discuss the procedure of Summary Trial

Part C: (20 marks question. Attempt any 3)

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Acquittal: Acquittal is the legal and formal certification of the innocence

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1. Definitions constitution of criminal courts and

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Subordinate or Lower Courts in Districts

Civil Courts Criminal Courts Revenue Courts

Sub-Judge Family Metropolitan I class Magistrate Commissioner, Collector

Munsif II class Magistrate Tehsildar

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Supreme Court of India

EACH STATE WILL HAVE:

Judicial Magistrate of Metropolitan Magistrates Judicial Magistrate of

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2. Arrests of persons and the rights of arrested

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Police may arrest a person

Who has been

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As per Section 44(1), when any offence is committed in the presence of a

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As per Section 46(1), “Arrest” is Section 46(4), forbids the arrest

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Further, everybody has a right

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- Bail can be denied if there is a violation of the bail bond

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As per Section 437, if any person accused of an offence

A High Court or Court of Sessions may direct that any person

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Court considers the following before giving an anticipatory bail:

Refusal of Anticipatory Bail

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7. Principal feature of fair trial. Trial procedures:

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Summon Case vs. a Warrant Case

Summon Warrant Proclamation for person absconding

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Initial Stage Second Stage Third Stage

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Cases instituted through a police report (Section 238 to 243)

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Cases instituted otherwise than a police report (Section 244 to 247)

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Sections 248 to 250 deals with the procedure of “Conclusion of Trial”

Section 248: Acquittal or Section 249: Absence of Section 250: Compensation