The Code of Criminal Procedure, 1973

E-Content

Dr. Vikash Agrawal

Assistant Professor
School of Law
Dr. Harisingh Gour Vishwavidyalaya Sagar, M.P.

Modules
I. Introduction to the Code of Criminal Procedure, 1973:
II. Classification of offences:
III. Sentences which the Criminal Courts may pass:
IV. Trial Procedure:
V. Conclusion:

Hello Friends . I am Dr. Vikash Agrawal,Assistant Professor,School of Law,Dr. Harisingh Gour

Vishwavidyalaya Sagar, M.P. with an interesting and learning episode on the important unit of The Code of
Criminal Procedure, 1973 ......
Let’s start our episode while taking a look at what we are going to learn today
Today we are going to learn about :
I. Introduction to the Code of Criminal Procedure, 1973:
II. Classification of offences:
III. Sentences which the Criminal Courts may pass:
IV. Trial Procedure and
V. Conclusion:

So lets Start with our first module ...which is about .. Introduction to the Code of Criminal Procedure, 1973

I. Introduction to the Code of Criminal Procedure, 1973:

The criminal law in its wider sense is divided in two parts, i.e. substantive criminal law and procedural
criminal law. Substantive criminal law defines offences and prescribes punishment for the same, while the
procedural criminal law administers the substantive law.
The Indian Penal Code, 1860 together with the other special enactments constitute the substantive
criminal law, while the procedural part of criminal law is contained in the Code of Criminal Procedure, 1973
(Cr.P.C.) (hereinafter called the Code). The procedural law has been designed to look after the administration
and enforcement of the substantive criminal law. In the absence of procedural law, the substantive law would
be almost worthless. Because, without the enforcement mechanism, the threat of punishment held out to the
law breakers would remain empty in practice.
Cr.P.C. provides machinery for the detection of crime, apprehension of suspected criminals,
investigation of the offences, collection of the evidences, trials of the offences, determination of the guilt or
innocence of the accused, appeal against the judgment of conviction or acquittal and at the same it ensures
the fair trial to the accused. In addition, the Code also deals with prevention of offences, maintenance of wife,
children and parents, and public nuisance.
After getting a brief introduction to the Code of Criminal Procedure, 1973....lets move to second important
module in which we are going to discuss about classification of offence .......So lets discuss it one by one ..

II. Classification of offences:

For the purposes of the Code the offence are divided into bailalbe offences and non-bailable offence
and the other division is cognizable offence and non-cognizable offence. We will discuss these offences one by
one.

(a). Bailable and Non-balable offence:

The definition of bailalbe offence and non-bailable offence is given in Section-2(a) of the Code, Which
is as follows-
"bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable
by any other law for the time being in force; and non-bailable offence means any other offence”

However, the above definition is not clear and does not give a fair idea about the nature of bailable
and non-bailable offence. We can discuss it further.
“Bail” means the temporary release of the accused from the custody of the officers of law on the
condition that whenever he will be required, he will produce himself before the authority of law.
Bailable offences are those offences in which bail can be claimed as a matter of right as it is provided
in Section-436 of the Code. The officer in charge of the police station or the Court is bound to release the
accused on bail, provided he is ready to execute bail bond. An offence which is not bailalbe is called a non-
bailable offence. In case of non-bailalbe offences bail can not be claimed as matter of right, in these offences
bail can be granted at the discretion of the Court or the officer in charge of the police station as it is provided
in Section-437 of the Code. Whether an offence is bailable or not is to be determined according to the first
schedule of the Code, as definition given in Sec.-2(a) provides.
As a general rule all the serious offences are have been made non-bailable and less serious offences
have been made bailable.
Apart from the first schedule of the Code, the offences are made as bailable or non-bailable under the
various other special laws for example Arms Act, SC ST (Prevention of Atrocities) Act etc. If the offences are
defined in the special laws then as a general rule that special law provides the nature offence also, i.e. bailable
or non-bailble. But if nothing in this regard is provided in that special law then second part of the first schedule
of the Code is applicable which provides that if the offence is punishable with death, imprisonment of life or
imprisonment for more than 3 years then it will be non-bailable offence and if the offence is punishable with
imprisonment for less than 3 years then it will be bailable offence.

(b). Cognizable offence and Non-cognizable offence:

Another classification is cognizable and non-cognizable offence. From the point of the police officer’s
power to arrest with or without warrant offences are divided into cognizable or non-cognizable offence. The
term ‘Cognizable offence’ is defined in Sec.-2(c), which reads as follows:
“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.”

And the term “non-cognizable offence” is defined in Sec.-2(l), which reads as follows:
"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.”

As the definitions says that cognizable offences are those offences in which police officer can arrest
without warrant, and in case of non-cognizable offences police officer has no power to make arrest without
warrant. The offences in which an immediate and speedy action is required are made cognizable. We can also
say that cognizable offences are treated to be serious offences. As a general rule seriousness is judged
according to the punishment provided for the offence. All the offences punishable with imprisonment for 3
years or more are treated to be serious and consequently cognizable and the offences punishable with
imprisonment for less than 3 years are treated to less serious and consequently non-cognizable.
However there are certain exceptions to this general rule. There are offences which are punishable
with imprisonment of less than 3 year; even then they are cognizable, for ex. offences under Section-143, 147
and Section- 160, etc. The reason is that a prompt action is required in these offences. At the same time there
are offences which are punishable with imprisonment for more than 3 years but are non-cognizable, as for
example offence under Section- 211 and Section 494, etc, because they do not affect the society promptly and
hence no prompt action is required.

Apart from the first schedule of the Code, the offences are made as cognizable or non-cognizable
under the various other special laws for example Arms Act, Prevention of Corruption Act etc. But if a special
law, while creating an offence, does not specify whether the offence is cognizable or non-cognizable, the
question is to be determined with reference to the second part of first schedule of the Code. It provides that if
the offence (under special ) is punishable with death, imprisonment of life or imprisonment for more than 3
years then it will be cognizable and if the offence is punishable with imprisonment for less than 3 years then it
will be non-cognizable.
Another difference between cognizable offence and non-cognizable offence is that a police officer
cannot investigate a case relating to the non-cognizable offence without the orders of the Magistrate [Section
155(2)]. However if the information reveals the commission of the cognizable as well as non-cognizable
offence, then the whole case is treated to be cognizable case and the police officer can investigate the entire
case without the orders of the Magistrate.

So, friends it was all about the basic approach towards classification of offence ......but before moving to our
next module in which we are going to learn about Sentences which the criminal courts may pass..i would like
to suggest you the important website link ,,,ie ..www.cec.nic.in...if you have missed any lectures or content
,,you may log on to this web site for full lectures E contents ,lor, assignments and many more ...Hope it will
add on to your learning ...
Now lets move to our next module

III. Sentences which the Criminal Courts may pass:

Sentence is the punishment which the Court imposes when it finds the accused guilty of the offence
with which he is charged. The sentencing powers of the Criminal Courts are given under Chapter III of the
Code, which can be discussed under the following heads:

(a) Sentences which High Courts and Sessions Judges may pass:
The sentencing power of High Courts, Sessions Judges, Additional Sessions Judges and Assistant
Sessions Judges is given under Section 28 of the Code.
Section 28(1) provides that a High Court may pass any sentence authorized by law. What are the
sentences authorized by law is given under Section 53 of the Indian Penal Code.
 Section 28(2) provides that a Sessions Judge or Additional Sessions Judge may pass any sentence
authorized by the law, but any sentence of death passed by any such Judge shall be subject to confirmation by
the High Court. The procedure with regard to confirmation of death sentence is given under Chapter 28
(Section 366-371) of the Code.
Section 28(3) provides that an Assistant Sessions Judge may pass any sentence authorized by law
except a sentence of death or imprisonment for life or of imprisonment for a term exceeding ten years.
In the case of R. Chakravarty v. State of M.P. (AIR 1976 SC 392) it was observed that in judging the
adequacy of sentence the nature of the offence, the circumstances of its commission, the age and character of
the offender, injury to the individual and to the society, effect of the punishment on the offender, etc. are
some of the many factors which should ordinarily be taken into consideration by Courts.

In the case of Bachan Singh v. State of Punjab (AIR 1980 SC 898) it was held that in India death penalty
is constitutionally valid though limited to rarest of rare case. It is an exceptional punishment to be resorted to
for the reasons to be recorded under Section 354(3) of the Code.
With regard to Section 28, the case of Gopal Godse Vinayak v. State of Maharashtra (AIR 1961 SC 600)
is also important, in which it was held that the imprisonment for life must be treated as imprisonment for the
whole of the remaining period of the convict’s natural life unless commuted or remitted by the appropriate
authority.

(b) Sentences which Magistrate may pass:

The sentences which the Chief Judicial Magistrate (CJM), Judicial Magistrate First Class (JMFC), Judicial
Magistrate Second Class (JMSC) and Metropolitan Magistrate may pass are given Section 29 of the Code.
Sec. 29(1) provides that the Court of a Chief Judicial Magistrate may pass any sentence authorized by
law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven
years.
Here it is needed to be mentioned that the maximum amount of fine which a CJM can impose is not
mentioned in this provision. It means there is no upper limit of fine which can be imposed by CJM. However
Section 63 of the IPC is relevant here which provides that where no sum is expressed to which a fine may
extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Sec.29(2) provides that the Court of a Magistrate of the first class may pass a sentence of
imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.
Sec.29(3) provides that the Court of a Magistrate of the second class may pass a sentence of
imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.
And Sec.-29(4) provides that the Court of a Chief Metropolitan Magistrate shall have the powers of the
Court of a Chief Judicial Magistrate and a Metropolitan Magistrate shall have the powers of the Court of a
Magistrate of the first class.
Here it is important to note that the sentencing power of a Magistrate does not affect the power to
conduct the trail. Any Magistrate may try such cases where for a punishment more than what he can award is
prescribed but in such a case he cannot award a punishment more than what he is empowered to. However, if
he feels that the accused deserves more severe punishment than it is within his power to give, he can take
recourse to Sec.-325 and forward the accused to CJM.

(c) Sentence of imprisonment in default of fine:

Section-30 of the Code empowers the Magistrate to impose an additional term of imprisonment in
default of payment of fine. If the sentence of imprisonment and fine is imposed on the convicted person and
the convicted person makes a default in the payment of fine then Magistrate is empowered to impose
additional term of imprisonment for such default. However, proviso to Sec.-30(1) imposes following
restrictions on the power of the Magistrate in this regard:
(a) This term of imprisonment shall not be in excess of the power of the Magistrate under Sec.-29.
(b)This term shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to
inflict.
Another limitation in this regard is given in Section-65 of the Indian Penal Code, which provides that
the term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not
exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be
punishable with imprisonment as well as fine.

Dear friends before I move to our fourth and last module, I would like to recap what we have learned till
now ..in first module we have learned about introduction to Cr. PC... then classification of offences ..in
which we have discussed in detail about bailalbe offences and non-bailable offence and cognizable offence
and non-cognizable offence..then after in third module we have discussed in detail about Sentences which
the Criminal Courts may pass ...in which we have covered aspects of Sentences which High Courts and
Sessions Judges may pass, Sentences which Magistrate may pass, Sentence of imprisonment in default of
fine.......

Hope its all interesting and learning lecture time with me ..now lets move to last module ,that is about Trail
Procedure ...

IV. Trial Procedure:

The word “trial” is not defined anywhere in the Code, however, the ‘Trial’ is the judicial
adjudication of a person’s guilt or innocence. Under the Cr.P.C, criminal trials have been given in Chapter 18,
(from Section 225 to 265), which have been categorized into four divisions, called Trail before Sessions Court,
Trail of warrant cases, Trail of summons cases and Summary trial.
The first one, i.e. Sessions Trail is conducted by the Court of Sessions Judge only in those offences
which are exclusively triable Sessions Court. The Sessions court will take the cognizance of the case and
conducts the trial when the case is committed by the Magistrate to it under Section 193 of the Code. Because
as a general rule all the cases are first filed before the Magistrate and if he finds that the case is exclusively
traible by Sessions Court then he will commit the case under Section 193. However there are certain
exceptions to this general rule, in which the Sessions Court can take the direct cognizance of the case.
Second type of trial is Warrant Trail. A Warrant trail is conducted in warrant cases. A warrant case
relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two
years. Warrant trail is further divided in two parts, viz. warrant trial of the cases instituted on police report and
warrant trail of the cases instituted on complaint.
Third type of trial is Summons trial. A summons trial is conducted in summons cases. A summons case
means a case relating to offences punishable with imprisonment not exceeding two years. In respect of
summons cases, there is no need to frame the charges. The court gives substance of the accusation, which is
called “notice”, to the accused when he appears before the Court and then the trail proceeds.
Fourth type of trial is Summary trail. This trial can be conducted by the CJM, Metropolitan Magistrate
or JMFC if specially empowered by the High Court. This trial is generally conducted in less serious offences,
such as the offences punishable with imprisonment not exceeding two years, in case of the offence of theft
where the value of the property does not exceed two thousand rupees and in the other cases which are
mentioned in Section 260 of the Code. The High Court may also empower the Magistrate of the second class
to conduct the summary trial in case of the offences punishable with fine only or with the imprisonment not
exceeding six months. In a summary trial, no sentence of imprisonment for a term exceeding three months
can be passed in any conviction.

Stage wise process in a Criminal Trial:

The common features of all the four of the aforementioned trials may be broadly divided into the
following distinct stages:

1. Framing of charge or giving of notice:

The trial begins with the framing of charges. When the accused appears or brought before the Court,
then the Court weights the evidences to find out whether or not a prima-facie case against the accused is
made out. If upon consideration of the evidences produced, documents submitted and after prima facie
hearing the prosecution and defense, the Court is of the opinion that there are no sufficient grounds for
proceeding further then the accused shall be discharged. On the contrary, in case the materials produced
before the Court raises a grave suspicion on the accused and a prima-facie case is made out then the Court
shall frame the charges against the accused and proceed with the trial.
In Union of India v. Prafulla Kumar [(1979) 3 SCC 4] the Supreme Court observed that while
considering the question of framing a charge, the court has the undoubted power to sift and weigh the
materials for the limited purpose for finding out whether or not a prima facie case against the accused has
been made out. In exercising this power the court cannot act merely as a post office or a mouthpiece of the
prosecution. It is observed further that the test to determine a prima facie case against the accused would
naturally depend upon the facts of each case and it is difficult to lay down the rule of universal application.

The Charge is read and explained to the accused and the accused shall be asked whether he pleads
guilty of the offences charged against him. If he pleads guilty then the Judge shall record the plea and may
convict him only on such plea of guilt. But if he pleads not guilty then the further proceedings shall be
conducted.
2. Recording of prosecution evidence:
If the accused does not plead guilty then the Court shall fix a date for the examination of prosecution
witnesses. On the date so fixed the prosecution is asked to examine its witnesses before the Court, this is
called examination-in-chief, and then the defence, if it so desires, may cross-examine all the witnesses
presented by the prosecution. The evidence of each witness shall be taken down in writing (Section 276). The
evidences so taken down shall be signed by the judge and shall form part of the record.

3. Examination of the accused:

After the examination of the prosecution witness and before the accused is called on for his defence,
Section-313 requires the Court to question the accused generally on the case for the purpose of enabling the
accused personally to explain any circumstances appearing in evidence against him. This Section requires the
Court to question the accused properly and fairly so that it is brought home to the accused in clear words the
exact case that the accused will have to meet, and thereby an opportunity is given to the accused to explain
any such point.
4. Evidence for defence:
After the prosecution evidence and examination of the accused, the accused shall be called upon to
enter on his defence and adduce any evidence he may have in support thereof. This provision is intended to
protect the interest of the accused person.
If the accused applies for the issue of any process for compelling the attendance of any witness or the
production of any document or thing, the Court shall issue such process unless the Court considers that
application to be vexatious or for delaying the ends of justice.
Section 315 provides that the accused himself is a competent witness and he can give evidence on oath
in disproof of the charges made against him.

5. Court Witness:
In a criminal case, the fate of the proceeding cannot always be left entirely in the hands of the parties.
The Court has also a duty to see that essential questions are not left unanswered. The provisions of Section-
311 are intended to serve this purpose. This Section provides that any Court may, at any stage, summon any
person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and
re-examine any person already examined; and the Court shall summon and examine or recall and re-examine
any such person if his evidence appears to it to be essential to the just decision of the case.

6. Final Arguments:
When the examination of the witnesses for defence is complete, the prosecutor shall sum up his case
and the accused or his pleader shall be entitled to reply. Provided that where any point of law is raised by the
accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with
regard to such point of law.

7. Judgment of Conviction or Acquittal:

After hearing the final arguments, the Court shall give the judgment in the case and the accused shall
either be convicted or acquitted.
If the court convicts the accused person, it may release the offender after admonition or on probation
of good conduct in accordance with the provisions of Section 360 of the Code or under the Probation of
Offenders Act, 1958. In case the offender is not so released, the Court shall hear him on the question of
sentence and then pass sentence on him according to law.
The object of hearing the accused on the question of sentence is to acquaint the Court with the social
and personal data of the offender and thereby to enable the Court to decide as to the proper sentence or the
method of dealing with the offender after his conviction.

V. Conclusion:

At the last we can say that the Code of Criminal Procedure, 1973 is an important legislation which
provides for the classification of offences, sentencing power of the criminal courts, lodging of information or
filing of complaint, investigation of offence, filing of charge-sheet, conduction of trial, the procedure with
regard to bail and appeal, etc. The substantive portion of criminal law is incomplete without this procedural
legislation.
With all this information here we come to the end of today's topic of discussion. Do revise the points what we
discussed today with mentioned references for more understanding. This is Dr. Vikash Ag.. logging out from
today's session. I will be back with you with few more lectures in this series...For more information with
related topics, MCQ, LORs you can log on to our website www.cec.nic.in . Till then keep studying. Good luck
and good bye!

LOR:
Q.1 What is bailable and non-bailable offence?

Ans.: The term ‘Bailable offence’ and ‘Non-bailable offence’ is defined in Sec.-2(a) of the Code. Bailable
offences are those offences which are shown as bailble in the first schedule of the Cr.P.C. and in which bail can
be claimed as a matter of right, on the other hand non-bailable offences are those offences in which bail is
granted at the discretion of the Court.

Q.2 What is cognizable offence and non-cognizable offence?

Ans.: The term ‘Cognizable offence’ is defined in Sec.-2(c) and the ‘Non-cognizable offence’ is defined in Sec.-
2(l) of the Code. Cognizable offences are those offences in which police officer can arrest without warrant in
accordance with the first schedule of the Cr.P.C. and non-cognizable offences are those offences in which
police officer can not make the arrest without warrant.
LOR Question Answer
Q1……………………….
Answer…………………..
Q2……………………….
Answer…………………..
Q3……………………….
Answer…………………..

References
(i) Books:-
1. R.V. Kelkar, Criminal Procedure, Eastern Book Company, Lucknow 6th Edition (2014)
2. D.D. Basu, Criminal Procedure Code, 1973, Butterworths Wadhwa, Nagpur 2010)
3. Hasan Askari, Criminal Procedure and Police (Asia Law House, Hyderabad. 4th Edition, 2013)
4. S.N. Mishra, The Code of Criminal Procedure, Central Law Publication, Allahabad, 20th Edition (2016)

(ii) Bare Acts:-

1. The Code of Criminal Procedure, 1973
2. The Code of Criminal Procedure (Amendment) Act, 2008
3. The Code of Criminal Procedure (Amendment) Act, 2005
4. The Code of Criminal Procedure (Amendment) Act, 2010
5. The Indian Penal Code, 1860
6. The Indian Evidence Act, 1872

(iii) Links:-
1. http://epgp.inflibnet.ac.in/view_f.php?category=841
2. http://mja.gov.in/Site/Upload/GR/%20I%20Summ%20of%20Cri.pdf
3. http://www.mondaq.com/pdf/clients/318472.pdf

Objective:
This module deals with the various important provisions of the Cr.P.C. and the various other aspects in
relation to it. By reading it the students of B.Sc. (Forensic Science) will be able to learn the meaning of
procedural law and it differs from substantive law, they will come to know what is the classification of
offences and the basis of this classification. The will understand the hierarchy of criminal courts, the
sentencing powers of various criminal courts, the meaning of trial, various types of trial and the various stages
of trail and then at the last how the judgment is pronounced.

Summary:
After discussing the whole module, now at the last we can present the summary of this module. This
module deals with the important provisions of Cr.P.C. It discusses the classification of offences, i.e. bailable
offence and non-bailable offence and the other i.e. cognizable offence and non-cognizable offence and basis
of differences between these offences. It covers the sentencing power of various criminal court alongwith the
relevant case laws and also meaning of the term “life imprisonment” and the constitutional validity of death
penalty. Then this module discusses the concept of trial, various kinds of trial i.e. trail before sessions court,
trial of warrant cases, trail of summons cases and the summary trail, the common features and the
differentiating features of all the trials, the stage wise process of trial, i.e. framing of charge, plea of guilt,
examination of prosecution evidence, examination of accused, examination of witnesses for defence, final
arguments and at the last judgment of acquittal or conviction.

Glossary:
Cr.P.C. : Criminal Procedure Code
I.P.C. : Indian Penal Code
SC : Supreme Court
HC : High Court
Sec. : Section
Ex. : Example
CJM : Chief Judicial Magistrate
JMFC : Judicial Magistrate First Class
JMSC : Judicial Magistrate Second Class
Cr.L.J. : Criminal Law Journal
AIR : All India Reporter
SCC : Supreme Court Cases

FAQs:
Q.1 What is bailable and non-bailable offence?
Ans.: The term ‘Bailable offence’ and ‘Non-bailable offence’ is defined in Sec.-2(a) of the Code. Bailable
offences are those offences which are shown as bailble in the first schedule of the Cr.P.C. and in which bail can
be claimed as a matter of right, on the other hand non-bailable offences are those offences in which bail is
granted at the discretion of the Court.
Q.2 What is cognizable offence and non-cognizable offence?
Ans.: The term ‘Cognizable offence’ is defined in Sec.-2(c) and the ‘Non-cognizable offence’ is defined in Sec.-
2(l) of the Code. Cognizable offences are those offences in which police officer can arrest without warrant in
accordance with the first schedule of the Cr.P.C. and non-cognizable offences are those offences in which
police officer can not make the arrest without warrant.
Q. 3 What is the sentencing power of High Court and Sessions Judges?
Ans.: The sentencing power of High Court and Sessions judges is given under Sec.-28 of the Code. The HC may
pass any sentence authorized by law. A Sessions Judge or Additional Sessions Judge may pass any sentence
authorized by the law, but any sentence of death passed by any such Judge shall be subject to confirmation by
the High Court and an Assistant Sessions Judge may pass any sentence authorized by law except a sentence of
death or imprisonment for life or of imprisonment for a term exceeding ten years.

Q.4 What is the sentencing power of CJM, JMFC and JMSC?

Ans.: The sentencing power of Chief Judicial Magistrate, Judicial Magistrate First Class and Judicial
Magistrate Second Class is given under Sec.-29 of the Code. The CJM may pass any sentence authorized by law
except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
A JMFC may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding
ten thousand rupees, or of both and a JMSC may pass a sentence of imprisonment for a term not exceeding
one year, or of fine not exceeding five thousand rupees, or of both.

Q.5 What is the term of imprisonment of life?

Ans.: In the case of Gopal Godse Vinayak v. State of Maharashtra (AIR 1961 SC 600) it was held that the
imprisonment for life must be treated as imprisonment for the whole of the remaining period of the convict’s
natural life unless commuted or remitted by the appropriate authority.

Q.6 Can the additional term of imprisonment be imposed in case of default of payment of fine?
Ans.: Yes, Section-30 of the Code empowers the Magistrate to impose an additional term of imprisonment in
default of payment of fine. If the sentence of imprisonment and fine is imposed on the convicted person and
the convicted person makes a default in the payment of fine then Magistrate is empowered to impose
additional term of imprisonment for such default.
Q.7 What is the maximum term of imprisonment that can be imposed in case of default of payment of fine?
Ans.: Proviso to Sec.-30(1) imposes following restrictions on the Magistrate’s power to impose additional term
of imprisonment in case of default of payment of fine:
(a) This term of imprisonment shall not be in excess of the power of the Magistrate under Sec.-29.
(b)This term shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to
inflict.
Another limitation in this regard is given in Section-65 of the Indian Penal Code.
Q.8 What do you mean by the term ‘Trial’? What are the different kinds of trial?
Ans.: The word “trial” is not defined anywhere in the Code, we can say that ‘Trial’ is a process of judicial
adjudication of a person’s guilt or innocence. Under the Cr.P.C, criminal trials have been given in Chapter 28
(from Section 225 to 265), which have been categorized into four divisions, called Trail before Sessions Court,
Trail of warrant cases, Trail of summons cases and Summary trial.
Q.9 What are the various stages in a criminal trail?
Ans.: The trial begins with the framing of charges. When the accused appears or brought before the
Court, then the Court weights the evidences to find out whether or not a prima-facie case against the accused
is made out. If no prima-facie is made out then the accused shall be discharged, but if the prima-facie case is
proved then charges shall be framed against the accused and then is shall be read over to the accused. If he
pleads guilty then the Judge may convict him only on such plea of guilt. But if he pleads not guilty then the
further proceedings shall be conducted. Then there shall be the following steps, i.e. recording of prosecution
evidence, examination of accused, evidence for defence, examination of court witness, final argument and
then at the last the judgment of conviction or acquittal shall be pronounced.
Q.10 By which Court summary trail can be conducted?
Ans.: Summary trial can be conducted by the CJM, Metropolitan Magistrate or JMFC if specially empowered
by the High Court. The High Court may also empower the Magistrate of the second class to conduct the
summary trial in case of the offences punishable with fine only or with the imprisonment not exceeding six
months.

QUIZ:-
1. Which Section defines the term ‘Bailable offence’?
a. Sec. 2(b)
b. Sec. 2(a)
c. Sec. 2(d)
d. Sec. 2(c)
Ans.- b.
2. Cognizable offences are those offences, in which:
a. Police officer can arrest without warrant
b. Police officer can not arrest without warrant
c. Police officer can arrest only under the order of magistrate
d. All the above are correct.
Ans.-a.
3. If the information reveals the commission of the cognizable as well as non-cognizable offence, then the
whole case is treated to be a:
a. Non-cognizable case
b. Cognizable case
c. Such a case as the magistrate decides
d. Such a case as the police officer decides
Ans.- b.
4. The term ‘non-cognizable offence’ is defined in:
a. Sec. 2(b)
b. Sec. 2(c)
c. Sec. 2(l)
d. Sec. 2(k)
Ans.- c.
5. In which case constitutional validity of death penalty was discussed?
 a. R. Chakravarty v. State of M.P.
b. Mithu Singh v. State of Punjab
c. Maneka Gandhi v. Union of India
d. Bachan Singh v. State of Punjab
Ans.- d.
6. Which Section Provides for the sentencing power of Additional Sessions Judge?
a. Sec. 26
b. Sec. 27
c. Sec. 28
d. Sec. 29
Ans.- c.
7. What is the sentencing power of the Metropolitan Magistrate?

a. 3 years, 10,000/- fine

b. 1year, 5000/- fine
c. 7 years, 10,000/- fine
d. 3 years, 5000/- fine
Ans.- a.

8. The term ‘Trial’ is defined in:

a. Sec. 225
b. Sec. 238
c. Sec. 251
d. Not defined in the Cr.P.C.
Ans.- d.

9. Trial is conducted by:

a. Magistrate
b. Civil Judge
c. Police officer
d. Investigation officer
Ans.- a.

10. There are ……. kinds of trial.

a. 3
b. 4
c. 5
d. 2
Ans.- b.

Assignments:

1. What is the classification of offence given under Cr.P.C.? Discuss with the relevant portions.
2. What is cognizable offence? How it differs from non-cognizable offence?
3. Discuss the constitutional validity of death penalty?
4. What is the sentencing power of the Courts of Magistrates?
5. Discuss the process of summons trial? How it differs from other trail?