CrPC – 5th Semester

LLB 5 t h SEMESTER
CRIMINAL PROCEDURE CODE
PAPER-II: SYLLABUS
CRIMINAL PROCEDURE CODE, LAW OF JUVENILE JUSTICE AND PROBATION OF
OFFENDERS
Unit-I: The Code of Criminal Procedure, 1973: The rationale of Criminal
Procedure — The importance of fair trial — Constitutional Perspectives:
Articles 14, 20 & 21 — The organization of Police, Prosecutor and Defence
Counsel — Pre-trial Process -Arrest — Distinction between “cognizable” and
“non-cognizable” offences — Steps to ensure presence of accused at trial --
Warrant and Summons cases — Arrest with and without Warrant – impact of
S. 41A - The absconder status.
Unit-II: Rights of arrested persons under Cr.P.C. and Article 22 (2) of the
Constitution of India. - Search and Seizure — Search with and without warrant
— Police search during investigation — General Principles of Search — Seizure
— Constitutional aspects of validity of Search and Seizure proceedings - Trial
Process: Commencement of Proceedings — Dismissal of Complaint — Bail, Bail
able and Non-boilable Offences — Cancellation of Bails — Anticipatory Bail —
General principles concerning Bail Bond.
Unit-III: Preliminary pleas to bar trial — Jurisdiction — Time Limitations —
Pleas of Autrefois Acquit and Autrefois Convict — Fair Trial — Concept of fair
trial — Presumption of innocence — Venue of trial —Jurisdiction of Criminal
Courts — Rights of accused -- Constitutional Interpretation of Article 21 as a
right to speedy trial — Charge — Form and content of Charge — Trial before a
Court of Session: Procedural steps and substantive rights.
Unit-IV: Compounding of offences – Plea Bargaining - Judgment: Form and
content -- Summary trial — Post-conviction orders in lieu of punishment —

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Modes of providing judgment copy — appeals, review and revisions – Role of

Victim in Criminal process – compensation to crime victim.
Unit-V: Probation and Parole: Authority granting Parole — Supervision —
Conditional release -- suspension of sentence — Procedure under Probation of
Offenders Act, 1958 -- Salient features of the Act. Juvenile Justice System --
Juvenile Justice (Care and Protection of Children) Act -- Procedure under
Juvenile Justice…Act — Treatment and Rehabilitation of Juveniles ——
Protection of Juvenile Offenders - Legislative and Judicial Role.
Suggested Readings: 1. Kelkar R.V.: Criminal Procedure, Eastern Book Co.,
Lucknow. 2. Ratanlal and Dhirajlal: The Code of Criminal Procedure, Wadhwa
& Co., 3. Padala Rama Reddi: The Code of Criminal Procedure, 1973, Asia Law
House, Hyderabad. 4. S.N. Misra: The Code of Criminal Procedure, Central
Law Agency. 5. M.P. Tandon: Criminal Procedure Code, Allahabad Law Agency.
6. Shoorvir Tyagi: The Code of Criminal Procedure, Allahabad Law Agency.

ANSWERS TO IMPORTANT QUESTIONS AND CASES

1. Police.
Answer: The main functionaries exercising powers and discharging duties
under the Code of Criminal Procedure are as follows:
1. Police,
2. Prosecutors,

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

3. Defence Counsel,
4. Magistrates and Judges, and
5. Prison Authorities and correctional services personnel.
The Police: Police persons and officers are appointed by the State
Government. The police department is administered under the Police Act,
1861, or the State Police Act of concerned State. The head or in-charge of
police force in a State is the Inspector-General of Police of that State. In
Districts, the District Superintendent of Police administers the police force
under the general control and direction of the District Magistrate who is
usually the Collector of the District.
Officer-in-charge of a police station is defined in Section 2(o) of Cr.P.C. to
mean ‘officer-in-charge of a police station.
Duties of the Police: The Code of Criminal Procedure specifies duties –
1. To make arrest (Section 41-60),
2. Search (Section 165),
3. Seize certain property (Section 102) and
4. Prevent cognizable offences (Sections 149 to 153).
Powers of the Police:
Section 107, Code of Criminal Procedure
(1) When an Executive Magistrate receives information that any person is
likely to commit a breach of the peace or disturb the public tranquility or to
do any wrongful act that may probably occasion a breach of the peace or
disturb the public tranquility and is of opinion that there is sufficient ground
for proceeding, he may, in the manner hereinafter provided, require such
person to show cause why he should not be ordered to execute a bond with
or without sureties, for keeping the peace for such period, not exceeding one
year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive
Magistrate when either the place where the breach of the peace or
disturbance is apprehended is within his local jurisdiction or there is within
such jurisdiction a person who is likely to commit a breach of the peace or
disturb the public tranquility or to do any wrongful act as aforesaid beyond
such jurisdiction.
In Madhu Limaye and Anr. v. SDM Monghyr and Ors. 1971, Supreme Court has
explained the terms public tranquility and public order so that there are no
grounds for confusion; the court held that public tranquility and public order
partially overlap each other. While a person playing loud music may disturb
public tranquility but not the order. The expression public order although
includes tranquility, it also presupposes the absence of insurrection, riot or
crimes of violence.
Section 151, Code of Criminal Procedure
(1) A police officer knowing of a design to commit any cognizable offence may
arrest, without orders from a Magistrate and without a warrant, the person
so designing, if it appears to such officer that the commission of the offence
cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for
a period exceeding twenty-four hours from the time of his arrest unless his
further detention is required or authorized under any other provisions of this
Code or of any other law for the time being in force.
Section 151 empowers the police to arrest a person, without a warrant,
whom they believe, may commit a cognizable offence.
Medha Patkar v. State (2007): In this case, certain landowners of Madhya
Pradesh and other persons affected by Sardar Sarovar Project gathered on

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

the road, shouting slogans, demanding land for land and other rehabilitation
measures. They raised no apprehension of committing a cognizable offence or
disturbing public order or tranquility. Despite that, the police beat up the
protestors along with women and children and arrested all of them under
Section 151 of the Code of Criminal Procedure and were summoned by the
Magistrate under Section 107. It was held that sending them to jail on the
failure of furnishing personal bond was a violation of Article 21 of the
Constitution of India.
The police are entrusted with varying degrees of power that range from
 Ensuring orderly flow of traffic
 Maintaining law and order
 Making arrests
 Primary powers of the police include investigating offences,
 Carry out searches and raids and seizure.
 Questioning witnesses.
 Preparing and submitting Charge Sheet.
 Interrogating suspects and making arrests.
 Conducting medical examination of rape victim.
 Registering FIRs.
 U/s 174 of Code police have been empowered to enquire and report on
cases of unnatural death.
 Ancillary powers extend to daily tasks such as patrolling their
jurisdictions to maintain order and ensuring civilian safely.
 Police must exercise their powers within the limitations laid down by
the law. Any abuse of power or negligence of duty by a police officer
will amounts to a breach of discipline. Civil unrest or a crime is liable to
be punished under the law.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Hierarchy of Police

2. Define trial and explain trial before a Session Court (procedure to be

followed).
Describe Sessions Court, Which cases are brought before Sessions Judge
Answer: The term ‘trial’ basically means the Court’s decision or a judicial
judgment by the Court so as to decide the person’s guilt or innocence. A trial
is of a very crucial importance in a criminal case. Section 190 of CrPC states
those requirements that need to be accomplished before proceedings can be
started by the Magistrate; this statement basically means the power of the
Magistrate to take knowledge of a case. Section 204 of CrPC basically
provides Magistrate with the sole power of either to take the case into the
consideration or to reject the case on some grounds. This section also
determines the stage whether a case can enter the stage of trial or not.
According to the Black’s Law Dictionary, a trial is defined as a judicial
examination according to the law of the land, over a cause which could be
either civil or criminal before a court that has jurisdiction.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

A Trial is a procedure where the Court adjudicates after hearing the case
from both the sides. It gives a fair opportunity to examine, re-examine and
cross-examine the witnesses produced in the court. The judge delivers a
judgment on the basis of the merits of the case. It is essential that the trial is
fair, prudent and without any undue influence. There are three kinds of trials
primarily – warrant, summons and summary.
Trial before a Court of Session under Code of Criminal Procedure 1973
District court referred to as sessions court when it exercises its jurisdiction
on criminal matters under Code of Criminal Procedure 1973. As per Section 9
of Code of Criminal Procedure, 1973, the State government establishes court
for every session division. The court presided over by a Judge, appointed by
the High Court of that particular state. The High Court may also appoint
Additional Sessions Judges and Assistant Sessions Judges in this court. In
India, the Sessions Court has responsibility for adjudicating matters related
to criminal cases.
The court takes the responsibility for cases relating to murders, theft,
dacoity, pick-pocketing and other such cases. Trial is an important process to
determine whether the accused is guilty of an offence or not. Basing on the
seriousness of the offence, criminal cases are categorized under three heads
viz:
 Summons cases;
 Warrant cases; and
 Summary cases: Summary Trials are mentioned in Chapter XXI of the
Code of Criminal Procedure, 1973. In this trial, the cases are disposed
of speedily as the procedure is simplified and the recording of such
cases are done summarily. The procedure followed for summon cases
has to be followed for summary cases as well. The exception in
summary trials is, that a sentence exceeding the duration of three
months cannot be passed in case of conviction under this Chapter.
Among warrant cases, the cases which are more serious in nature are triable
by the Court of Session, while less serious cases are triable by the Courts of
Magistrate. A Court of Session cannot take cognizance of any offence, though
it is triable by it. A competent Magistrate takes cognizance of any offence
and commits the case for trial by a Court of Session. Trial of Criminal cases
may be explained with reference to the following heads:
1. Trial (of Warrant-Cases) before a Court of Session.
2. Trial of Warrant-Cases by Magistrates.
3. Trial of Summons-Cases by Magistrates.
4. Summary Trials.

Trial before a Court of Session:

The code lays down the procedure for trial before a court of session as
follows:
1. Parties (Section 225): In a trial before a court of session, the
prosecution shall be conducted by a public prosecutor. The accused has
a right to engage a counsel of his choice. If he cannot afford to engage
the defence counsel, the court engages at the state expenses. Before
commencing the trial, the accused is supplied with the copies of
documents like police report, F.I.R etc.
2. Opening the case (Section 226): The public prosecutor opens the case
by describing accusations against the accused. He states briefly by
what evidence, he proposes to prove the guilt. The prosecutor duty is

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

not to secure a conviction but simply to lay the facts of the case before
the tribunal, which is to judge.
3. Discharge of the accused (Section 227): After hearing from both the
parties if the court considers that there is no sufficient ground to
proceed against the accused, discharges him and records the reason for
doing so. There is no scope for examination of any witnesses but there
is scope for both sides to argue their case in favour of framing charge
or discharge.
4. Framing of charge (Section 228): After hearing from both the parties if
the court presumes that the accused might have committed the
offences:
i) It frames a charge in writing, if the offence is exclusively triable by the
Court of Session.
ii) If the offence is not triable exclusively by the session court, it frames
charge and transfers the case to the Chief Judicial Magistrate. It was held in
Kanti Bhadra Shah & anr v. State of West Bengal while exercising power
under Section 228 CrPC, the Judge is not required to record his reasons for
framing the charges against the accused.
While framing charges, only the prima facie case has to be seen. At this
stage, the Judge is not required to record a detailed order necessary to see
whether the case is beyond reasonable doubt as held by the Supreme Court
in Bhawna Bai v. Ghanshyam & Ors.
In Rukmini Narvekar v. Vijaya Satardekar it was ruled by the Court that the
accused cannot produce any evidence at the stage of framing of charge and
only those materials can be taken into consideration which is specified in
Section 227 at the time of framing charges.
5. Explaining the charge and enquiry about plea (Section 228(2)): The
contents of the charge have to be explained to the accused as to enable
him to plead guilty of the offence or claim to be tried. In Banwari v.
State of UP, the Court held that default in reading out or explaining the
charge to the accused would not vitiate the trial unless it has been
shown that non-compliance with Section 228 has resulted in prejudice
to the accused.
6. Conviction on plea of guilty (Section 229): If the accused pleads guilty,
the judge shall record the plea and may in his discretion convict him
thereon. It was held in Queen Empress v. Bhadu that the plea of guilty
must be in unambiguous terms otherwise such a plea is considered as
equivalent to a plea of not guilty. Section 229 states that if an accused
pleads guilty then the Judge shall convict him as per his discretion and
shall record the same. The Court cannot convict an accused on the basis
of the plea of guilty where the offence is of a nature in which the
punishment is death or imprisonment for life. In Hasaruddin Mohommad
v. Emperor, the Court held that it will be reluctant for the Court to
convict a person accused of an offence in which the punishment is
death or life imprisonment on the basis of his plea of guilty. The right of
appeal of the accused is curtailed by Section 375 If the accused is
convicted on the basis of his plea of guilty.
7. Date for prosecution evidence (Section 230): If the accused refuses to
plead or does not plead or claims to be tried or is not convicted under
Section 229, the judge shall fix a date for the examination of witness or
may order for compelling appearance of any witness or production of a
thing/document.
8. Evidence for prosecution (Section 231):

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

It consists of two points:

i) On the date so fixed as above, the judge takes all such evidence in support
of the prosecution.
ii) The judge may in his discretion, permits the cross examination of any
witness to be deferred until any other witness have been examined or recall
any witness for further cross examination.
In Ram Prasad v. State Of U.P, The Supreme Court was held that, if the
court finds that the prosecution had not examined witness for reasons not
tenable or proper, the Court would be justified in drawing an inference
adverse to the prosecution.
The Court observed in State of Kerala v. Rasheed that a balance must be
struck between the rights of the accused and the prerogative of the
prosecution to lead the evidence while deciding an application under Section
231(2). The following factors must be considered:
1. The possibility of undue influence,
2. Threats,
3. That non-deferral would enable subsequent witnesses giving evidence on
similar fact to tailor their testimony to circumvent the defence strategy,
4. Loss of memory of the witness whose examination-in-chief has been
completed.

9. Arguments of the prosecution (Sec. 314(2)): The prosecution after the

close of witnesses submits a memorandum of his oral arguments. A
copy of the same is supplied to the opposite party.
10. Examination of the accused: It is to be made without
administering oath. It is to give an opportunity to him to explain the
circumstances alleged against him by prosecution.
11. Acquittal (Sec. 232): After hearing from both the parties if the
judge considers that the accused has not committed the offence, record
an order acquitting the accused.
12. Entering upon defence (Sec. 233): If the accused is not acquitted,
he shall be called upon to enter on his defence. The court may summon
or examine at any stage any person as court witness.
13. Arguments (Sec. 234): After recording defence, the prosecutor
sums up his case and the accused or his pleader shall be entitled to
reply. The prosecutor may be allowed to make his submission in case
any law point is raised by the defence.
14. Judgment of acquittal or conviction (Sec. 235): After hearing
arguments from both the sides, the court delivers judgment of acquittal
or conviction. On this point, the Apex Court in Santa Singh v. State of
Punjab held that the Judge should first pass a sentence of conviction or
acquittal. If the accused is convicted he shall be heard on the question
of sentence and only then the Court shall proceed to pass a sentence
against him.
In Bacchan Singh v. State of Punjab, it was ruled by the Court that this
Section provides for a bifurcated trial and specifically gives to the accused
person a right of pre-sentence hearing which may not be strictly relevant to
or connected with the particular crime under inquiry but may have a bearing
on the choice of the sentence.
15. Previous Conviction (Section 236): In a case where a previous
conviction is charged under the provisions of sub (7) of Sec. 211, and
the accused does not admit that he has been previously convicted as

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

alleged in the charge, the judge may take evidence in respect of the
alleged previously conviction and shall record a finding there on:
Provided that no such charge shall be read out by the judge not shall the
accused be asked to plead thereto nor shall the previous conviction be
referred to by the prosecution or in any evidence adduced by it unless and
until the accused has been convicted under Sec. 299 or Sec. 235.
16. Procedure in cases instituted under Sec. 199(2) (Sec. 237):
i) A Court of Session taking cognizance of an offence under sub sec. (2) of sec
199 shall try the case in accordance with the procedure for the trial of
warrant cases instituted otherwise than on a police report before a court of
magistrate.
ii) Every trial under this section shall be held in camera if either party thereto
so desires or if the court thinks fit so to do.
iii) If, in any such case, the court discharges or acquits all or any of the
accused and is of the opinion that there was no reasonable cause for making
the accusation against them or any of them, it may try its order of discharge
or acquittal, directs the person against whom the offence was alleged to have
been committed to show cause why he should not pay compensation to such
accused or to each or any of such accused, when there are more than one.
iv) The court shall record and consider any cause which may be shown by the
person so directed and if it is satisfied that there was no reasonable cause for
making the accusation, it may make an order that compensation to such
amount not exceeding Rs.1000 it may determine, be paid by such person to
the accused or to each or any of them.
v) Compensation awarded under sub sec. (4) shall be recovered as if it were a
fine imposed by a magistrate.
vi) No person directed to pay compensation under sub sec (4) shall be
exempted from any civil or criminal liability in respect of the compliant made
under this section.
vii) The person who has been ordered under sub sec. (4) to pay compensation
may appeal to the High Court.
viii) When an order for payment of compensation to an accused person is
made, the compensation shall not be paid to him before the period allowed
for the presentation of the appeal has elapsed, or if an appeal is presented,
before the appeal has been decided.

3. Explain the law relating to Warrant Cases and Summons Cases.

Summons.
Answer:
There are two categories in which the criminal cases can be classified on the
provisions laid down in the code:-
 Summon Case:- Definition of summon case is given in 2(x) means,
Summon case means a case relating to an offence not being a warrant
case.
 Warrant Case: Means a case relating to an offence punishable by death,
imprisonment for life or imprisonment for a term exceeding two years.
The criteria of summons case and warrant case are determined by the
duration of punishment.
The issue of summon or warrant in any case does not change the nature of
the case, supposing warrant is issued in a summon case it does not make the
case a warrant case, in case of Padamnath v. Ahmad Dobi-1970.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Procedure of trial of Warrant Case: - CrPC lays down the procedure for a
warrant case as under:-
A. Cases must be instituted upon police report: - Section 238 of the code lays
down the procedure of trial of warrant cases instituted upon police report
and according to it procedure of trial is as under:-

1. Copy of the police report and other documents to be provided to the

accused on the institution of any warrant case when the accused
appears or brought before a magistrate at the commencement of the
trial.
2. Discharge of accused on groundless charges: – On receiving the police
report & other documents and providing of the accused the magistrate
shall consider each report. He shall be provided a reasonable
opportunity of hearing to accused and prosecution (it is commonly
called charge argument); the magistrate shall examine the accused if
necessary. If the magistrate finds that the charge against the accused
is groundless he shall discharge the accused under Section 239. He will
also check the prima facie of the case. Case of State v. Sitaram
Dayaram-1959.
3. The framing of charge:-If the magistrate is of the opinion that there is a
ground for presuming that the accused has committed an offence and is
competent to try such offence which can adequately punish the accused
in his opinion. Then the charge shall be framed against the accused in
writing and trial will start. Case of Col.S.Kashyap v. State of Raj. 1971.
4. Conviction of plea of guilty:-if the accused pleads guilty the magistrate
shall record the plea and may in his discretion convict him.
5. Evidence for the prosecution: – If the accused refuses to plead guilty
and claims to be tried, the magistrate shall fix a date for the
examination of the witnesses, u/s 242, and case State v/s Suwa-1962.
6. Evidence for defence: - u/s 243 on completion of prosecution witnesses,
defence witnesses produces by the accused; the expenses on
compelling the attendance of the witnesses shall be borne by the
accused.
*For more details refer the answer to Question number 2.

B. Cases instituted otherwise than upon police report: - The procedure of trial
for summons cases is less brief in nature.
“Summon” is a document that commands a person to whom it is served to
appear before the court and to answer the complaint made against him.
Summon is issued by the Magistrate to the accused under section 204(1) (a)
of Cr.P.C, 1973. “Summon case” means a case relating to an offence, not
being a warrant case.
1. There is no need of framing of formal charge in summons cases.
2. Accused can be convicted or acquitted.
3. Summons case cannot be reopened after completed once.
4. In summon cases summons are generally issued to the accused.
5. Accused is not required to be heard on the question of sentence in
summon case.
6. In summon cases there is no need for arguments generally before
substance prosecution.
7. In summon case if the accused pleads guilty the Magistrate shall record
the plea and may convict him on that basis under Section 252.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

8. In summons case if the magistrate does not convict the accused on his
plea of guilty he shall proceed to hear the prosecution and take all
evidence. He will also hear the accused and take all evidence produced
by the accused under Section 254(1).
9. U/s 257, on the satisfaction of the magistrate he may permit the
complainant to withdraw his complain thereupon the accused shall be
acquitted.
10. In a summon case no provisions authorizes the magistrate to
permit the cross-examination of any prosecution witnesses to be
deferred or recall of any witness for further examination.
11. In summon case when summon has been issued to the
complainant and he fails to appear on fix date the accused may acquit
unless for some reasons he thinks to adjourn the hearing of the case to
some other day u/s 257.

4. Define and Differentiate between cognizable and non-cognizable offences

with suitable examples.
Answer:
Cognizable Offence
“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, arrests without
warrant. The Code of Criminal Procedure has no guidelines to determine a
particular offence is cognizable or non-cognizable. However, the Code also
contains the Schedule I which refers to all the offences under the Indian
Penal Code and puts them into cognizable and non-cognizable categories.
Cognizable are serious offences. The seriousness of the offence leads for
maximum punishment. The First Schedule contains offences under the laws
other than the Indian Penal Code which are punishable with imprisonment for
three years or more.
They are usually offenses which are serious in nature. Examples of offences
are:
1. Waging or attempting to wage war, or abetting the waging of war
against the Government of India,
2. Murder,
3. Rape,
4. Dowry Death,
5. Kidnapping,
6. Theft,
7. Criminal Breach of Trust,
8. Unnatural Offenses.
Section 154 of the Criminal Procedure Code, 1973 provides that under a
cognizable offence the Police Officer has to receive the First Information
Report (FIR) relating to the cognizable offence.
Key Elements:
1. Cognizable offences are those where a police officer can arrest without
warrant.
2. And such cases, after arrest has been made, the accused will be
produced before a magistrate, and he may require the police officer to
investigate the matter.
3. After investigation, if the case is made out, i.e. charge sheet filed goes
against accused, the magistrate can order for arrest.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

4. During the pendency of trial, bail application can be moved before the
concerned magistrate.
5. Cognizable offences are both bailable, and non-bailable.

Non-Cognizable Offence
“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. Such offences are minimal offences where the injury done to
the society is comparatively small. The aggrieved party expected to file a
complaint before criminal proceedings starts. The non-cognizable offences
contain more private wrong. Therefore, initiative is taken by citizen to
prosecute the offender and also collect the evidence. A police officer cannot
arrest without a warrant and such an officer has neither the duty nor the
power to investigate into such offences without the authority given by a
Judicial Magistrate.
Examples of Non-Cognizable offenses. These offences are not much serious in
nature.
1. Assault,
2. Cheating,
3. Forgery, and
4. Defamation
Key Elements:
1. Non cognizable offences are those, where a police officer cannot arrest
without a warrant.
2. In such offences for arrest, all the steps have to be followed like
 Filing of complaint to the Magistrate.
 Investigation
 Charge sheet,
 Charge sheet to be filed in court
 Trial
 Final order of arrest if case has been made out.
Differences between Cognizable and non-cognizable offence

1. The offence in which the police suo motu takes cognizance of crime and
also does not need approval of court, known as a cognizable offence.
While, in non-cognizable, police has no authority to arrest a person for
crime on its own, without prior approval of court.
2. In cognizable, the police can arrest a person without any warrant.
While, in case of non-cognizable offence, a warrant must be needed for
arrest of a person.
3. In cognizable, court’s order is not required to start an investigation.
Conversely, in the non-cognizable offence, first of all, court’s order
should be obtained for undertaking an investigation.
4. Cognizable are heinous crimes, whereas non-cognizable offences are
not so serious.
5. Cognizable encompasses murder, rape, theft, kidnapping,
counterfeiting, dacoity etc. On the contrary, non-cognizable offences
include offences like forgery, cheating, assault, defamation and so
forth.
6. For a cognizable, one can file FIR or make a complaint to the
magistrate. Unlike, in case of non-cognizable offence one can only make
a complaint to the magistrate.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

7. Cognizable offence is a public wrong whereas non-cognizable offence

contains more private wrong.
8. Cognizable offences are both bailable and non-bailable. Whereas non-
cognizable offence is a bailable offence.
9. Cognizable offence is defined in the Section 2(c) of the Criminal
Procedure Code, 1973. Non-cognizable is defined in Section 2(I) of
Criminal Procedure Code 1973.

5. Seizure.
Answer: The act of seizing is well known as a seizure. It is an action coupled
with force in which an object or person is suddenly taken over, grabbed,
removed, or overwhelmed.
Search and seizure is also an essential stage in the process of effective
investigation. There are two methods in which police can affect search and
seizure.
 One under a warrant which is issued under any of the provisions of
Sections 93, 94, 95, and 97 and
 The other is without a warrant under any of the provisions of Sections
103, 165 and 166 of CrPC.
The basic provisions as to search and seizure are laid down in Section 100
of CrPC. The procedure set out in the section is generally followed in offenses
committed under the Indian Penal Code as well as in special and local laws
with a little variance. Thus, in all situations of search and seizure, the
investigating police should follow the procedures laid down under Sections
100 and 165 of CrPC. Section 102 provide the power of police officers to seize
certain property.
The police may have to affect search and seizure in one or more places.
One at the scene of the crime and the other at places where the persons
involved in crime are hiding and places where the incriminating articles to
crime are kept or concealed.
CrPC Chapter VII Section 102: Power of police officer to seize certain
property:
1. Any police officer may seize any property which may be alleged or
suspected to have been stolen, or which may be found under
circumstances which create suspicion of the Commission of any offence.
2. Such police officer, if subordinate to the officer in charge of a police
station, shall forthwith report the seizure to that officer.
3. Every police officer acting under Sub-Section (1) shall forthwith report
the seizure to the Magistrate having jurisdiction and where the
property seized is such that it cannot be, conveniently transported to
the Court or where there is difficulty in securing proper accommodation
for the custody of such property, or where the continued retention of
the property in police custody may not be considered necessary for the
purpose of investigation, he may give custody thereof to any person on
his executing a bond undertaking to produce the property before the
Court as and when required and to give effect to the further orders of
the Court as to the disposal of the same.
Provided that where the property seized under Sub-Section (1) is
 subject to speedy and natural decay and
 If the person entitled to the possession of such property is unknown or
absent and
 The value of such property is less than five hundred rupees,

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

 It may forthwith be sold by auction under the orders of the

Superintendent of Police and the provisions of Sections 457 and 458
shall, as nearly as may be practicable, apply to the net proceeds of such
sale.
In Suresh Nanda vs. C.B.I., it has been observed that police may be vested
with power of making seizure of passport in terms of Section 102(1) of the
Code, but is devoid of power to impound the same, as the power to impound
passport in terms of Section 10(3) of the Passport Act, 1967, is vested with
the Passport Authority.

6. Charge Sheet.
Answer: On the completion of Investigation, the police are required to follow
certain procedures as laid down in Section 169 of CrPC till Section 173 of
CrPC. Submission of the police report within a kind of “charge-sheet” or
“challan” is the end-result of such investigation by police. Section 169
accords with the cases of lack of evidence. Section 170 with the cases where
the accused is shipped up for the trial and Section 173 provides for general
instructions for both the section 169 and 170. The expression “final Report”
is not used in the CrPC, but the report submitted by the police officer is called
the “final report”.
The investigation consists of several stages which ultimately ends in the
creation of an opinion by the police, on the material or evidence covered and
collected. Then a case is formed to place the accused for trial before the
Magistrate and submission of a final report under Section 169 or a charge-
sheet under Section 170, is dependent on the nature of the opinion which is
formed by the police. The creation of the said opinion by the police is the
final step in the investigation and this final step is to be taken by the police
and by no other authority.
Police report / Charge-sheet: Section 2(r) of CrPC talks about the expression
‘police report’, according to which a report is forwarded by a police officer to
a Magistrate under Section 173(2). The report should be in the manner that is
prescribed by the State Government as per the particulars mentioned in
clause (a) to (g) of sub-section (2) of Section 173. The police report submitted
under this section is called the End Report. If this report constitutes an
attempt of a crime by an accused person, that report is commonly called the
“charge-sheet” or the “challan”.
 The charge sheet made by the Police correlates and mentions the
complaint of that private individual on which the criminal proceedings
have taken place. Submission of the Charge sheet by the police officer
reflects that the initial investigation and preparation regarding the
same case are done and now Magistrate can take offence committed
under his consideration as stated in Rama Shankar v. State [AIR 1956
All 525].
 The Magistrate cannot interfere in any of his judicial capacity and as a
court until he receives the final report by the police officer as per
Section 173. Also, there can be no occasion for the Magistrate to make
any judicial order about the police investigation as stated in M.L. Sethi
v. R.P. Kapur [AIR 1967 SC 528].

Is There Any Time Bar For Filing Charge-Sheet?

The time limit to file charge sheet is related to arrest of the accused in the
case. The charge sheet is to be filed within 60 days from the date of arrest of

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

the accused in cases triable by lower courts and 90 days in cases triable by
Court of Sessions.
For instance-
FIR is filed against a person A. But that person could not be traced and
arrested for many months or even years for the offence of murder. The
investigation is closed after best efforts fail to trace the accused within
couple of months. His name is kept on Wanted accused Register. Say, he is
traced and arrested after two years after filing the FIR against him. Then the
time limit comes into play. Charge sheet has to be filed as stated above as
the case may be.

What Are The Consequences If Charge Sheet Is Not Filed Within Specified
Time Frame?
In Aslam Babalal Desai (1992) case, Supreme Court has held, The provisions
of the Code, in particular Sections 57 (person arrested not to be detained
more than 24 hours) and 167 (detention, remand & default bail), manifest the
legislative anxiety that once a person’s liberty has been interfered with by
the police arresting him without a courts order or a warrant, the investigation
must be carried out with utmost urgency and completed within the maximum
period allowed by the proviso (a) to Section 167(2) of the Code. It must be
realised that the said proviso was introduced in the Code by way of
enlargement of time for which the arrested accused could be kept in custody.
Therefore, the prosecuting agency must realise that if it fails to show a
sense of urgency in the investigation of the case and omits or defaults to file
a charge-sheet within the time prescribed, the accused would be entitled to
be released on bail and the order passed to that effect under Section 167(2)
would be an order under Section 437(1) or (2) {when bail may be taken in
case of non-bailable offence} or Section 439(1) {Special powers of High Court
or Court of Session regarding bail} of the Code.

Supplementary Report on further investigation

The submission of the report by the police officer shall not prevent further
investigation in respect of an offence when some additional evidence is
obtained.
Section 173 says nothing as far as the investigation is concerned in
respect to the offence that took place, the police officer needs to submit all
the extra evidence obtained after the submission of the report if they
manage to obtain any irrespective of the old evidence that already exists
should be passed on to the Magistrate.
Particulars of the report: As soon as the investigation is completed in
respect to the case, the police officer needs to submit the final report made
to the authorised Magistrate who can take action on the case further. A
report in the form prescribed under Section 173(2)(i) by the State
Government, stating:
1. The names of the parties
2. The nature of the information
3. The names of the persons who appear to be familiar with the
circumstances of the case
4. Whether any offence appears to have been committed and if so, then by
whom
5. Whether the accused been arrested
6. Whether the accused has been released on his bond and if so, then
whether with or without sureties

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

7. Whether he has been put in custody under Section 170.

Submission of this police report is a part of the investigation.
In Abhinandan Jha v Dinesh Mishra (AIR 1968 SC 117): It has been opined that
the Magistrate is not entitled to order an investigation by a senior police
officer in charge of the police station.
In this case, the court observed that the creation of the opinion by the
police officer by whom or under whom the investigation took place, is the
final step in the investigation and that final step is to be taken by the police
and not by any other authority. Thus, there is no power expressly or impliedly
given under the provisions to a magistrate to call upon the police to submit a
charge-sheet. When the police officer has sent a report under Section 169
that there is no case can be made from the following report to send the
accused for trial, in that case the charges are to be made by the Magistrate
to keep in mind the report submitted by the police as per Section 228 and
Section 240 of CrPC.

7. Define Arrest and Rights of arrested person.

Arrest without warrant, Rights of the accused person.
Answer: Introduction
The code has not defined the term arrest. The term arrest means
apprehension of a person by legal authority so as to cause deprivation of
liberty.
As per Legal Dictionary by Farlex, Arrest means a seizure or forcible
restraint; an exercise of the power to deprive a person of his or her liberty;
the taking or keeping of a person in custody by legal authority, especially, in
response to a criminal charge.
Definition: In R.R. Chari v. State of Uttar Pradesh, the apex court defined
arrest as the act of being taken into custody to be formally charged with a
crime. The court observed that in a Constitutional sense, it means the seizure
of a person (body of a person).

In State of Punjab v. Ajaib Singh, the court observed that arrest is the
physical restraint put upon an abducted person in the process of recovering
and taking that person into legal custody with or without any allegation or
accusation of any actual or suspected commission of the offence
Elements
The elements necessary to constitute arrest were summarised by the Madras
High Court in Roshan Beevi v. Joint Secy. to the Govt. of Tamil Nadu. The vital
elements required to institute arrest are:
1. There must be an intent to arrest under legal authority,
2. There must be seizure or detention of the person,
3. The person must be in the lawful custody of the arresting person and
4. The act of arrest must include the actual confining of the person and
not mere oral declaration of arrest.
Types of arrest
1. arrest made in pursuance of a warrant issued by a magistrate
2. arrest made without such a warrant
When Police may arrest without a warrant?
Section 41 is the main section providing for situations when Police may arrest
without warrant.
It lays down following grounds when a police officer can arrest without a
warrant

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

1. Who has been concerned in any cognizable offence such as murder,

rape, kidnapping, theft, etc. or
2. Who has in possession, without, lawful excuse, of any house breaking
weapon or
3. Who has been proclaimed as an offender either under CrPC or by order
of the State Govt. or
4. Who is in possession of any stolen property or
5. Who obstructs a police officer while in the execution of his duty or who
has escaped, or attempts to escape, from lawful custody or
6. Who is reasonably suspected of being a deserter from any of the Armed
forces of the Union or
7. Who has been concerned in any law relating to extradition or
8. Who, being a released convict commits a breach of any rule made under
sub-section (5) of Section 356 CrPC or
9. For whose arrest any requisition has been received from another police
officer specifying the person to be arrested and the offence and other
cause for which the arrest is to be made.
10. Power of preventive arrest: Section 107 and 151 of the CrPC
empowers the police for preventive arrest of an accused.
Rights of an arrested person
The benefit of the presumption of innocence of the accused till the time he is
actually found guilty at the ending of a trial substantiated with evidence, is
one of the basic tenets of our legal system. It is a characteristic of our
democratic society that even the rights of the accused are deemed to be
sacrosanct, and even though he is charged with an offence however that does
not render him as a non-person. Our statute is quite careful towards anyone’s
personal liberty and hence doesn’t permit the detention of any person
without proper legal sanction.
Available rights: There are two types of rights available to the arrested:
 Rights at the time of arrest
 Rights at the time of trial
1. Right to be informed of the grounds for arrest {Section 50(1) of the Cr.P.C
and Article 20(1) of the Indian Constitution},
2. Right to bail (Section 50(2) of the CrPC),
3. Right to be produced before Magistrate within 24 hours (Section 56),
4. Right of not being detained for more than 24 hours without judicial
scrutiny (Section 57),
5. Examination of arrested person by medical officer (Section 54),
6. Right to consult a legal practitioner (Section 303 of the CrPC),
7. Right of an arrested indigent person to free legal aid and to be informed
about it (Sec 304 of CrPC),
8. Arresting a woman: According to National Human Rights Commission
guidelines on arrest, As far as practicable, women police officers should be
associated where women are arrested and arrest of women between
sunset and sunrise should be avoided.
9. According to Section 53(2) of Code of Criminal Procedure, 1973, and 10
Basic Standards for Law Enforcement Officials Proposed by Amnesty
International, Medical examination of women should be carried only under
the supervision of female medical practitioners.
10. Right to silence: The right to silence has its origin from common law
principles. So in general sense the courts or tribunals should not conclude
that the person is guilty of any conduct merely because he was not
responding to questions which were raised by the police or by the court.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

 Article 20(3) of Constitution of India guarantees every person the right

against self-incrimination, and it has been stated under this article that
no person, who has been accused of an offence, shall be compelled to
act as a witness against himself. This same rule has been reiterated by
a decision of Supreme Court in the case of Nandini Sathpathy v. P.L.Dani
and it was held by the court in this case that no one can forcible extract
any statement from the accused and no matter what, the accused has
the sole right of being silent during the course of investigation and
interrogation.
11. It was held by the Supreme Court in the year 2010 that narco-analysis,
brain mapping and lie detector test are in violation of Article 20(3) of the
Constitution of India and that by administration of these tests, forcible
intrusion into a person’s mind is being conducted which further nullifies
the validity and legitimacy of this right.
12. Right to get the copy of FIR free of cost u/s 207 of CrPC.
Rights at trial:
13. Right to a fair trial (Article 14),
14. Right to a speedy trial: Regardless of this right not being mentioned in
the constitution, the SC in the Hussainara Khatoon case has made it
mandatory that the investigation in the trial must be conducted as
expeditiously as possible.
15. Right to Consult a Legal Practitioner: It is the right of every arrested
person to consult a legal practitioner of his own choice. This has also been
enshrined as a fundamental right in Article 22(1) of the Constitution of
India, which is undeniable in all cases. Section 50(3) of the Code also
states that the person against whom proceedings are initiated has a right
to be defended by a pleader of his choice. This right begins as soon as the
person is arrested.
16. Right of Free Legal Aid: The Supreme Court in the case of Khatri v. the
State of Bihar held that the state is under a constitutional obligation as is
implicit in article 21 of the constitution as well to provide free legal aid to
an indigent accused person.
17. Right to get the copies of Charge-sheet and other documents free of
cost.
18. Right to get default bail in case of non-filing a the charge sheet u/s
167(2).

8. Define and Differentiate between Complaint and First Information Report.

Answer: Complaint:
Reporting the commission of a crime is the foremost step in setting the
criminal law proceedings in motion. The general public has an impression
that the process of reporting an offence and setting the law in motion is
Kafkaesque (complex). Though it is true that the statutory provisions on
reporting crimes are filled with jargons, the procedure, in essence, is direct
and straightforward. The fundamental question that arises on the subject of
reporting crimes is who can report about the commission of a crime and to
whom? As per the procedural laws in India, it is not necessary that only the
person who is victimized by the crime needs to report the same. Any person
can pass on the information to the law enforcement agency.
With respect to the question “to whom”, the information can be given
both to the police as well as the jurisdictional Judicial Magistrate. A person
who wishes to report the commission of an offence has two options, either to
give information to the police or to file a complaint to the magistrate. While

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

the former method proceeds with an investigation by police and trial thereof,
the latter involves prosecution by private persons.

Difference between Complaint and Information

Information - As per Section 154 of CrPC, any information regarding
commission of a cognizable offence can be reported to the Police by a witness
or victim or a person who has knowledge about the act. The said information
will be recorded as FIR.
Complaint - Whereas, as per Section 2(d) of CrPC, a complaint is an allegation
made to the Magistrate in writing or verbal form which mentioned about the
offence committed by a person whether known or unknown and does not
include a police report.
Difference: Though in common parlance, verbal information given to a police
officer is named as “complaint”, as per CrPC, it will still be treated as
information and not a complaint.

First Information Report:

The basic purpose of filing a FIR is to set criminal law into motion and not to
state all the minute details therein. A First Information Report is the initial
step in a criminal case recorded by the police and contains the basic
knowledge of the crime committed, place of commission, time of commission,
who was the victim, etc. The definition for the First Information Report has
been provided in the Code of Criminal Procedure, 1973 by the virtue of Sec.
154, which lays down that:
“Every information relating to the commission of a cognizable offence, if
given orally to an officer in charge of a police station, shall be reduced to
writing by him or under his direction, and be read Over to the informant; and
every such information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it, and the substance thereof
shall be entered in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf”.
The Hon’ble Supreme Court of India, while delivering its judgment in the
matter of T.T.Antony vs. State of Kerala & Ors., laid down certain important
points regarding Sec. 154 of the Cr.P.C:
“ Information given under sub-section (1) of Section 154 of Cr.P.C., is
commonly known as the First Information Report (FIR), though this term is
not used in the Code….And as it’s nick name suggests, it is the earliest and
the first information of a cognizable offence recorded by an officer in charge
of a police station”.
Who Can Lodge an FIR?
FIRs can be registered by a victim, a witness or someone else with knowledge
of the crime. As per the laws laid down u/s 154 of the Cr.P.C, the complainant
can give information about the offence either in written or orally. In regard to
who can file an FIR, the Apex Court of India has observed that;
“Section 154 does not require that the Report must be given by a person
who has personal knowledge of the incident reported. The section speaks of
information relating to the commission of a cognizable offence given to an
officer in charge of a police station”
The police are obliged to read the FIR back to the complainant in case it is
conversed to them orally to prevent the possibility of any differences in the
oral and the written versions. Further it is the duty of the complainant to
report to the police station in person in case he had given the information on
a telephone.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Providing a Copy of FIR to the Complainant and to the Accused:

Under Indian criminal law, the informant, as seen earlier, is entitled to get a
copy of the first information report lodged by him at the police station free of
cost. It is a necessary document in a criminal case and can majorly support
the case of the informant or the victim. However, the accused person is also
entitled to get a copy of the first information report. Sec. 207 of the Code of
Criminal Procedure, 1973 entitles the accused to get the copy of the first
information and the charge sheet. The provision states that the Magistrate,
in such circumstances, must furnish to the accused a copy of the FIR free of
cost.

Difference between FIR & Complaint:

Crime is a wrong against the society at large. It creates an alarming situation
in the society. Therefore, any person can come up with a complaint or
information before the concerned authority. The motive of both the things is
to attract the attention of the authorities and to punish the offender.
Informing of a commission of crime is one of the important processes in
Criminal Justice System.

Basis of FIR Complaint

Difference

Definition FIR is not defined in the code. Complaint is defined u/s 2 (d), which
However, it can be said to be means any allegation made orally or
information given to the police in writing to a magistrate, with a
first in point of time relating to view to his taking action under the
a cognizable offence. code, that some person whether
known or unknown has committed an
offence. It, does not include a police
report
Who may First information report may be Whereas, Complaint can be filed by
Apply? lodged by any person such as any person subject to certain
the aggrieved party or an eye exceptions.
witness
Whom to First information report is made Complaint is made to a magistrate
Apply? to the competent police officer
Nature of First Information Report must A complaint may relate to a
Offence relate to a cognizable offence cognizable or non-cognizable offence.
on the face of it.
Investigation When a FIR is lodged, a policer Whereas, when complaint is filed no
officer starts with investigating investigation is done by the police
the matter. officer until directed by the
competent authority.
Cognizance At the first instance no A Magistrate takes cognizance on the
cognizance is taken by the complaint made to him at the very
Magistrate until particular FIR is first stage.
reported to him.
Format There is prescribed format by No prescribed format is given for
law for FIR filing a complaint. But some essential
ingredients are to be satisfied.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

9. Define Charge and what the exceptions of charge are?

Answer: Definition of Charge:
Charge defined under section 2(b) of The Code of Criminal Procedure (in short
CrPC) includes any head of charge when the charge contains more heads than
one. Charge simply means accusation. A charge is a formal recognition of
concrete accusation by magistrate or a court based upon a complaint or
information against the accused.
The Court held that the purpose of framing of charge is to give intimation
to the accused of clear, unambiguous and precise notice of the nature of
accusation that the accused is called upon to meet in the course of trail. (V C
Shukla Vs State 1979 AIR 962) A charge may be defined as precise formula of
a specific accusation made against a person of an offence alleged to have
been committed by him. (Biricch Bhuian Vs State of Bihar AIR 1963 AIR 1120).

Content of Charge (Section 211 CrPC)

1. It must state the offence with which the accused is charged.
2. If the law creates the specific name of the offence, the offence must
describe in the charge by that name only,
3. If does not give any specific name, the definition of the offence must be
state.
4. The law and Section of the law against which the offence is said to have
been committed must be mentioned in charge.
5. The charge must be written in the language of the court.
6. Particulars as to time, place and person: As per Section 212(1) of the
CrPC, the charge shall contain such particulars as to the time and place
of the alleged offence, and the person (if any) against whom, or the
thing (if any) in respect of which, it was committed, as are reasonably
sufficient to give the accused notice of the matter with which he is
charged.

The exceptions to Section 218

Exception 1
Three offences which are of the same kind, committed within a year may be
charged together: This section has been provided to avoid multiplicity of the
proceedings when the offences are of the same kind. It contains two
circumstances:
1. According to Section 219(1), if a person has been accused of three
offences of the same kind then the person can be tried for all the
offences together if they have been committed within a span of twelve
months from the first to the last offence.
2. Section 219(2) talks about the offences which are of the same kind, also
punishable with the same quantum of punishment.
Exception 2
Offences which are committed in the course of the same transaction and tried
together. It consists of the following:
1. If a person has committed a series of acts, which are so intrinsically
connected together that they form a single transaction, such series of
offences shall be charged and tried together. The word ‘transaction’ has
not been defined under the Code
2. In case of offences of Criminal breach of trust or dishonest
misappropriation of property and their companion offences of

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

falsification of accounts. Many a time, the offences of criminal breach of

trust or dishonest misappropriation of property are committed along
with the offence such as falsification of accounts etc., the latter offence
committed in order to fulfil the objective of the former offence. In such
cases, Section 220(2) enables the Courts to try such offences together.
3. If a single act falls under within different and separate definitions of
offences, such different offences shall be tried together as mentioned
under Section 220(3). For e.g.: If a person X, wrongfully strikes a
person Y with a cane, then X can either be charged with and tried
separately of offences under Sections 352 and Sections 323 of the
Indian Penal Code or may be tried and convicted together.
4. If the acts which form an offence also constitute different offences
when separately taken and tried or taken in groups, such offences shall
be tried to be one in a single trial. For e.g.: If A commits the offence of
robbery on B, and while doing so he voluntarily causes hurt to B, then A
may be separately charged with, and convicted of the offences
mentioned under Sections 323, 392 and 394 of the Indian Penal Code.
Exception 3
Section 221 provides for the cases wherein there is some doubt related to the
circumstances and incidents which took place during the commission of the
offence. According to this section, if the accused has committed a series of
acts which lead to confusion regarding the facts should be proved, the
accused might be charged with any or all of such offences or charged for
alternative offences. In such cases, the accused is charged for one offence
and during the stage of evidence, if it is proved that he has committed a
different offence, he may be convicted for the same even though he was not
charged with the same.
Exception 4
Section 223 talks about the class of persons who can be tried jointly. This
section permits a joint trial of several persons under the specified
circumstances as there exists some nexus among the various offences
committed. The various classes shall not be treated as mutually exclusive and
could be combined together if necessary. According to this section, the
following classes of persons may be tried and charged together:
1. The accused persons who have committed the same offence in the
course of the same transaction.
2. The persons who have committed a particular offence and those who
have abetted the commission.
3. The persons who are covered under the ambit of Section 219.
4. The persons who in the same course of the transaction have committed
different offences.
5. The persons who have committed offences such as theft, extortion,
cheating, or criminal misappropriation of the property along with the
persons, who have received, retained, assisted in the disposal or
concealment of property, possession of which is illegal and has been
alleged to be illegal.
6. The persons who have been accused of commission of offences under
Section 411 and section 414 of the Indian Penal Code or under those
sections in respect of stolen property, possession of which has already
been transferred by another offence.
7. The persons who have been accused of any offence under Chapter XII of
the Indian Penal Code related to the counterfeit coins.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

The accused persons, whose cases have not been covered under any of the
classes of Section 223, cannot himself claim a joint trial. The proviso to this
Section puts a check on the discretionary power of the court.
The rules contained from Section 218 to Section 223 have been made for
the benefit of the accused. It is not required to treat the various classes of
sections as mutually exclusive. The Courts have been given the authority to
combine the provisions of more than two clauses. The joint trial of several
persons partly by applying one clause and by partly applying another clause
has also been authorised.

10. Define Juvenile and describe salient features of the Juvenile Justice Act,
2000.
Answer: Juvenile can be defined as a child who has not attained a certain age
at which he, like an adult person under the law of the land, can be held liable
for his criminal acts. The juvenile is a child who is alleged to have
committed /violated some law which declares the act or omission on the part
of the child as an offence. Juvenile and minor in legal terms are used in
different context. Juvenile is used when reference is made to a young criminal
offenders and minor relates to legal capacity or majority. The concept of the
juvenile varies from State to State for convenience. In India, until passing of
Children Act, 1960 there was no uniformity regarding the age limitation of
juvenile delinquent.
Juvenile Justice Act, 1986 defined a juvenile or child to be a person who in
case of a boy has not completed age of 16 years and in case of a girl 18 years
of age. The JJA Act, 1986 was repealed by 2000 Act and the distinction with
regard to age between male and female juveniles has been done away with
by the Government of India in performance of its obligation to the
international obligations. Now age of juvenile in conflict with law for male
and female has been fixed at 18 years. A juvenile in conflict with law under
the JJ (C & P) Act, 2000 is a juvenile who is alleged to have committed an
offence and has not completed 18 years of age as on the date of commission
of such offence. Recently under the new Juvenile justice act, 2015 In case of a
heinous offence alleged to have been committed by a child, who has
completed or is above the age of sixteen years, the Juvenile Justice Board
shall conduct a preliminary assessment with regard to his mental and
physical capacity to commit such offence, ability to understand the
consequences of the offence and the circumstances in which he allegedly
committed the offence, and will be tried as an adult.
Salient features of JJA:
1. The Juvenile Justice Act was brought into place to deal with two kinds of
juveniles or children. (a) child in conflict with the law and (b) child in
need of care and protection. As I mentioned before, a juvenile or a child
is a person who is below the age of 18. The age was brought up to 18
years from the previous 16 years by the amendment of the Act in the
year 2000.
2. Child in conflict with the law as the name suggests is a child who has
allegedly committed an offence whereas a child in need of care and
protection is a child who has been abandoned or is destitute.
3. The Act provides for rules and regulations to be followed and
institutions to be instituted to try and hear cases of children in conflict
with the law.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

4. a. The Act known as ‘The Reformatory Act’ deals with two categories of
children, namely children in need of care and protection and children in
conflict with the law.
b. The competent authority to deal with children in need of care and
protection is the Child Welfare Committee (CWC) which constitutes a
Chairperson and four other members, one of whom at least should be a
woman. Chapter IV of this Module would focus in detail about Children
in need of care and protection and the functioning of the CWC in
rehabilitation and disposition of cases
c. Juvenile Justice Board (JJB) is the competent authority to deal with
children in conflict with law which comprises of three members. The
Chairperson of the Board should be a First Class Judicial Magistrate and
two honorary social workers out of whom at least one should be a
woman. Special provisions for children in conflict with law and the
responsibilities of the Board are discussed in detail in Chapter III of this
Module.
5. The Act provides for the establishment of various kinds of Institutions
such as
 Children’s Home for the reception of child in need of care and
protection.
 Special Homes for the reception of child in conflict with law
 Observation Homes which are meant for the temporary reception of
children during the pendency of any inquiry.
 After-care Organizations which are meant for the purpose of taking care
of children after they have been discharged from Children’s Home or
Special Homes.
6. A few sections in the Act (Sec 23 – 26) are focused on the offences
committed by anyone against a child such as assault, causing mental or
physical suffering and employment of a child which are considered as non
bailable offences.

11. Plea Bargaining.

Answer: The famous saying “Justice delayed is justice denied” holds utmost
significance when the concept of Plea bargaining is discussed. The number of
cases pending in the courts is shocking but at the same time, it has been
normalized by people. These astonishing figures are no more astonishing
because people have started accepting this as their fate. The concept of plea
bargaining was not there in criminal law since its inception. Considering this
scenario, Indian Legal scholars and Jurists incorporated this concept in Indian
Criminal Law. As the term itself suggests that it is an agreement between
accused and the prosecutor. Many countries have accepted this concept in
their Criminal Justice System (CJS).

Meaning of Plea Bargaining:

Plea bargaining is a pre-trial negotiation between the accused and the
prosecution where the accused agrees to plead guilty in exchange for certain
concessions by the prosecution. It is a bargain where a defendant pleads
guilty to a lesser charge and the prosecutors in return drop more serious
charges. It is not available for all types of crime e.g. a person cannot claim
plea bargaining after committing heinous crimes or for the crimes which are
punishable with death or life imprisonment.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

History of Plea Bargaining: In the Jury System, the need for plea bargaining
was not felt because there was no legal representation. Later on, in 1960
legal representation was allowed and the need for Plea Bargaining was felt.
Although the trace of the origin of the concept of Plea Bargaining is in
American legal history, this concept has been used since the 19th century.
Judges used this bargaining to encourage confessions.

Plea Bargaining in India

Plea Bargaining is not an indigenous concept of Indian legal system. It is a
part of the recent development of Indian Criminal Justice System (ICJS). It
was inculcated in Indian Criminal Justice System after considering the burden
of long-standing cases on the Judiciary.

Criminal Procedure Code and Plea Bargaining

Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals
with the concept of Plea Bargaining. It was inserted into the Criminal Law
(Amendment) Act, 2005. It allows plea bargaining for cases:
1. Where the maximum punishment is imprisonment for 7 years;
2. Where the offenses don’t affect the socio-economic condition of the
country;
3. When the offenses are not committed against a woman or a child below
14 years of age.

Some of the major drawbacks of the concept of plea bargaining as is

recognized in India are as under:
A) Involving the police in plea bargaining process would invite coercion.
B) By involving the court in plea bargaining process, the court’s impartiality
is impugned.
C) Involving the accused in plea bargaining process would invite corruption.
D) If the plead guilty application of the accused is rejected then the accused
would face great hardship to prove himself innocent.

Therefore to ensure fair justice, plea bargaining must encompass the

following minimum requirements:
A) The hearing must take place in court
B) The court must satisfy itself that the accused is pleading guilty knowingly
and voluntarily.
C) Any court order rejecting a plea bargaining application must be kept
confidential to prevent prejudice to the accused.

Types of Plea Bargaining: Plea Bargaining is generally of three types namely:-

1. Sentence bargaining;
2. Charge bargaining;
3. Fact bargaining.

S.
Concept No Type Meaning
.
Plea 1. Sentenc In this type of bargaining the main motive is to get a
Bargaini e lesser sentence. In Sentence bargaining, the
ng bargaini defendant agrees to plead guilty to the stated charge

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

ng and in return, he bargains for a lighter sentence.

This kind of plea bargaining happens for getting less
severe charges. This the most common form of plea
Charge bargaining in criminal cases. Here the defendant
2. bargaini agrees to plead guilty to a lesser charge in
ng consideration of dismissing greater charges. E.g.
Pleading for manslaughter for dropping the charges of
murder.
This is generally not used in courts because it is
Fact alleged to be against Criminal Justice System. It occurs
3. bargaini when a defendant agrees to stipulate to certain facts
ng in order to prevent other facts from being introduced
into evidence.

12. Review.
Answer: No Criminal Court can alter, modify or review its own order or
judgment.
Courts cannot alter or review their own judgements or final order after it is
signed, except to correct clerical or arithmetical mistakes, the Supreme Court
has said while setting aside a Madhya Pradesh High Court order to quash
criminal proceeding in a dowry case.
"As soon as the judgement is pronounced or order is made by the court, it
becomes functus officio (court ceases to have control over the case and
has)...no power to review, override, alter or interfere with it," a bench of
justices C K Thakker and D K Jain observed.
The processes involved in the criminal justice system can have a drastic
impact on the lives of people involved in it, especially the rights which are
guaranteed to people under the constitution of India like Right to Life and
Personal Liberty. It is a well-known saying that “to err is human” and
judiciary being one of the institutions created by humans is prone to
committing errors. Therefore, in order to prevent the miscarriage of justice
which defeats the very purpose of the judicial system the need for the
creation of some system to be created to ensure that justice is fairly
delivered is imperative and where there is a miscarriage of justice, some
rectifying mechanism should come into play. Keeping in view this need in
order to prevent the fallibility of the judicial system the Code of Criminal
Procedure, 1973 has devised various provisions. Section 372 to Section 394
of the Code of Criminal Procedure deals with the provisions related to
appeals.
However, in exceptional cases no right to appeal lies with the person. In
order to prevent the situation in which the aggrieved party does not remain
remedy less, the legislators have incorporated the concept of review under
the Code of Criminal Procedure, which is called “Revision” which has been
provided under the Code to uphold the ultimate goal of the entire judicial
system which is deliverance of justice. Section 397 to Section 405 of the Code
include the provisions with respect to the revisionary jurisdiction granted to
the higher courts and the procedure by which the higher courts exercise this
jurisdiction guaranteed to it. The powers granted to the high courts are very
wide in nature and are completely discretionary in nature.
In practicality, the provision of an appeal is a legal right conferred to the
parties, revisionary power conferred to the criminal courts is completely
discretionary in nature and therefore no party can claim it as a matter of

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

right. In criminal cases, at least one appeal is granted to an accused by the

legislature, whereas there is no such right in instances of revision. The courts
have time and again discussed the difference between appeal and revision.
In Hari Shankar vs Rao Ghari Chowdhury, the Supreme Court held that
there is a difference between appeal and revision. The right of appeal also
consists of right of rehearing as well unless the statute conferring the right
of appeal limits the rehearing in some way. The power to hear a revision is
generally given to a superior Court so that it may satisfy itself that a
particular case has been decided according to law.

13. Define and differentiate between probation and parole.

Answer: Probation:
The object of Criminal Law is more inclined towards the reformation of the
offender than to punish him. Instead of keeping an accused with hardened
criminals in a prison, the court can order personal freedom on promise of
good behaviour and can also order a period of supervision over an offender.
This is the concept behind ˜probation. Black’s law dictionary defines
˜probation as ˜allowing a person convicted of some minor offence
(particularly juvenile offenders) to go at large, under a suspension of
sentence, during good behaviour, and generally under the supervision or
guardianship of a probation officer.
The Act is based on a reformative approach which has come over the years
from the Doctrine of Deterrence. It is believed that imprisonment decreases
the capacity of an offender to readjust to the normal society after the release
and association with professional delinquents often has undesired effects on
him and his life thereafter. Probation is a socialized penal device which has
come up as the result of modification, over a period of time, of the doctrine of
deterrence into the principle of reformation; a development that paved the
way to the introduction of clinical approach and the principle of
individualization in the handling of offenders. The Probation of Offender Act,
1958 saves minor offenders from becoming regular criminals. This is done by
providing them with a chance to reform themselves rather than getting into
prison. The probation officer amicably reaches to the needs and difficulties of
the accused and tries to solve the problem. This is done for the person
convicted of minor crimes.
Thus, instead of keeping the accused with hardened criminals in jail, the
court may order personal freedom on the basis of good behaviour. The court
can also grant a supervision period for the accused. The main aim behind the
Probation of Offender Act, 1958 is to give an opportunity to offenders to
reform themselves rather than turning into hardened criminals. Section 360
of the Code of Criminal Procedure, 1973) provides that any person not below
twenty-one years of age who may have not been convicted for an offence for
imprisonment up to seven years or not convicted to death or imprisonment of
life can be released on the basis of probation for good conduct.
Following are the merits or advantages of probation:-
1. It is most useful in the case of juvenile delinquents.
2. It gives hope for the rehabilitation of the offender who has not
committed the offence.
3. Probation is a way of sending good idea in the mind of offenders.
4. It is helpful for both hard-core and youthful offenders.
5. It helps in reducing the crowding in the jails.
6. It is a reformation approach rather than deterrence.
7. It is economical to the government.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Statutory provisions under the Act

The provision is broadly classified into procedural and substantive general
laws dealing with probation of the offenders. The Section 360 of the Code of
Criminal Procedure, 1973, the probation was dealt with in. This Section says
that if:
1. Any person who is not below twenty-one years and is convicted of a
crime for which the punishment is imprisonment for seven years or is
convicted for an offence punishable with fine.
2. Or any person who is below twenty-one years or if any women
convicted of an offence not punishable with imprisonment of life or
death and no previous conviction is proved against the offender.
3. And appears before the court, regardless of the circumstances in which
he has committed the offence, the court might release the offender on
the promise of good conduct.
The court might release him on entering the bond for good conduct and
peace instead of punishing the offender with imprisonment. In the case of
Jugal Kishore Prasad vs The State of Bihar, the Supreme Court stated that the
aim of the law is to deter the juvenile offenders from turning into obdurate
criminals as a result of their interaction with seasoned mature-age criminals
in case the juvenile offenders are sentenced to incarceration in jail. It is
observed that the Act is in accordance with the present trend of penology,
which says that effect should be made with accordance to change and
remould the offender and not to retribute justice. Modern criminal
jurisprudence recognises that no one is born criminal. A good number of
crimes are a result of a socio-economic environment.

MEANING OF PAROLE
Parole is the release of a prisoner, either temporarily for a special purpose or
completely before the expiry of a sentence, on the promise of good
behaviour; such a promise is known as a word of honour provided in the
parole order. The word parole is derived from the French 'je donne ma parole
'I give my word.' i.e. the word of honour. This word was used by the prisoners
of war for their release by giving promise to the captor.

Therefore, in simple words, Parole is the pre-mature conditional temporary

release of a prisoner on the terms of abiding by the conditions along with the
observance of certain restrictions to avail the privilege of returning back to
the society and socialize with family and friends keeping in mind correctional
theory and preparing to return back to his social life. It is mere suspension of
the sentence for time-being keeping the quantum of sentence intact. If the
paroled prisoners violate the conditions on which they are released, they may
be returned back to the prison.
The temporary or permanent release of a prisoner before the expiry of a
sentence, on the promise of good behaviour is called parole. Parole is the
release of a prisoner to supervision in the community after he/she has
completed a part of his/her sentence in an institution.

The Object of the Parole - There are three main objects of Parole -
(1) To enable the inmate to maintain continuity with his family life and deal
with family matters;
(2) To save the inmates from the evil effects of continuous prison life;
(3) To enable the inmate to retain self-confidence and active interest in life.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

(4) To enable the prisoner to develop constructive hope and active interest in
life.
(5) It eradicates over burden of the jails.
(6) It is also economical to the state; the cost of expenditure of parolee also
decreases.
(7) To attend the emergency needs of the family.
In India, Indian Laws provide Parole only in cases of serious offenders who
are committed to long term sentences.
Furlough is for breaking the monotony of imprisonment and is granted as
a good conduct remission. Furlough is a brief release from the prison; it is
conditional and is given in case of a long-term imprisonment. The period of
sentence spent on furlough by the prisoners need not be undergone by the
prisoner as is done in parole.
Following are the different types of Parole:
a) Regular Parole: All prisoners eligible for furlough shall be eligible for
regular parole for the following stated reasons:
1. Delivery of child by wife (except high security risk prisoners)
2. Serious illness of father/mother/spouse/ son/daughter
3. In case of natural calamities such as flood, house collapse, earthquake,
fire etc.
4. To pursue the filing of special leave petition before supreme court
against a judgment delivered by High Court convicting or upholding the
conviction, as the case may be.
b) Emergency Parole or Custody parole
All convicted persons except foreigners and those serving death sentences
may be eligible for emergency parole for 14 days for reasons like death of
grandfather or grandmother/ father/mother/spouse/son/ daughter/
brother/sister and marriage of son/ daughter/ brother/sister, provided that no
extension can be granted to emergency parole. Emergency parole is granted
by Superintendent of police for the reasons of death of parental grandfather
or grandmother/ father/ mother/spouse/son/ daughter/ brother/ sister and by
concerned Dy. I.G. for the reason of marriage of son/daughter/brother/ sister
and the authority approving emergency parole shall decide whether to grant
parole under police escort or with a condition to report daily to the local
police station depending upon the crime committed by the prisoner and his
conduct during his stay. The expenses of police escort will be borne by the
prisoner himself prior to his release on parole.

DIFFERENCES BETWEEN PAROLE ND PROBATION:

The term probation and parole are the two substitutes to the
imprisonment, where the behaviour of the wrongdoer is administered
according to the law. Probation can be said as a penalty levied by the court in
which the criminal lawbreaker is not imprisoned but permitted to continue to
stay in the community, on the promise of good conduct, subject to the
administration of the probation officer. In difference, parole is one in which
the prisoner is unconfined from the prison either momentarily or
permanently, earlier the end of the judgment, subject to good conduct.

1. Probation refers to the judgment given to the convicts, in which the

convicts continue out of jail, under the direction of a probation officer,
and follows the directions set forth in the judgment by the court of law.
Parole means the former period release of the prisoner, on the
condition that the prisoner shall be under the control of the respective

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

authority and imprisonment, will be continued upon the non-adherence

of conditions stated.
2. Probation is approved by the judge as an alternative of the detention,
whereas parole is nothing but an arrangement of restrictive release
from the jail.
3. The pronouncement of probation of a suspect(s) is given by the court.
Contrasting, the parole board gives the pronouncement about the
parole of an inmate.
4. The probation is approved to the suspect before imprisonment that is
despite directly sending the suspect to the prison; they are given an
opportunity to rehabilitate themselves, through this procedure. On the
other end, parole is permitted later after wrongdoer has finished a
specified period of their judgment term in jail.
5. Probation is granted to those people who have no previous criminal
record so far and also for the criminalities that do not involve
viciousness. As in contradiction, parole is permitted to those offenders
who are previously in prison, and also presented to grave offenders,
who pursue virtuous behaviour, during the period of their verdict.
6. A person who has approved probation, reports to the probation officer,
though, the default in reporting to the respective authority may lead to
resentencing to prison, for a specific time. On the other hand, the
criminal under parole has to report to the parole officer, but in case if
the suspect fails in reporting without rational reason, the criminal is
sent back to the prison on the grounds of the original judgment.
7. Historical Evolution: - The system of probation owes its origin to John
Augustus of Boston (U.S.A.) around 1841 whereas the system of parole
came into existence much later somewhere around 1900.
8. Substitute for Punishment: - Probation is granted as a substitute of the
punishment. But parole is granted after completing a part of sentence.
9. Probation is part of sentence and whereas parole is mere suspension of
the sentence for time-being keeping the quantum of sentence intact.

14. Juvenile Home/Observation home.

Answer:
The Juvenile Justice Act provides for the establishment of various kinds of
Institutions such as
 Children’s Home for the reception of child in need of care and
protection.
 Special Homes for the reception of child in conflict with law
 Observation Homes which are meant for the temporary reception of
children during the pendency of any inquiry.
 After-care Organizations which are meant for the purpose of taking care
of children after they have been discharged from Children’s Home or
Special Homes.
Provisions for the observation home are made under Section 47 of the
Juvenile Justice (care & protection of children) Act, 2015. The observation
home means such a home where a child alleged to conflict with the law, is
kept temporarily during the pendency inquiry. The observation homes shall
be established by the state government in every district or a group of
districts, either by itself or through voluntary or non- governmental
organizations.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

The state government may register a registered institution as an observation

home that is fit for the temporary reception of the child. Registration of such
an institution will be compulsory. (Rajendra Prasad vs Union of India, A.I.R.
2016 N.O.C. 182 Kerala).
Section 47 under JJ Act 2015, - Observation Home
1. The State Government shall establish and maintain in every district or a
group of districts, either by itself or through voluntary or non-
governmental organisations, observation homes, which shall be
registered under Section 41 of this Act, for temporary reception, care
and rehabilitation of any child alleged to conflict with the law, during
the pendency of any inquiry under this Act.
2. Where the State Government believes that any registered institution
other than a home established or maintained under sub-section (1), is
fit for the temporary reception of such child alleged to conflict with the
law during the pendency of any inquiry under this Act, it may register
such institution as an observation home for this Act.
3. The State Government may, by rules made under this Act, provide for
the management and monitoring of observation homes, including the
standards and various types of services to be provided by them for
rehabilitation and social integration of a child alleged to conflict with
the law and the circumstances under which, and how, the registration
of an observation home may be granted or withdrawn.
4. Every child alleged to conflict with the law who is not placed under the
charge of parent or guardian and is sent to an observation home shall
be segregated according to the child’s age and gender, after giving due
consideration to physical and mental status of the child and degree of
the offence committed.
But after the Nirbhaya rape case, where one of the accused was a juvenile,
a few months shorter than 18 years of age, sentenced to 3 years in
reformative home, which was not adequate with the heinous crime done. This
shocked the public over the Act, and debated for reduction of the juvenility
age from 18 to 16. So the legislature came with The Juvenile Justice (Care and
Protection) Act, 2015, which included that any child between the ages of 16
to 18 if committed any heinous crime, will be tried as an adult. Also the
recent Act have categorized the offences,
 Petty offences (crime for which maximum punishment is up to 3 years),
 Serious offence (crime for which punishment is between 3 to 7 years),
 Heinous offence (crime for which punishment is 7 years or more).
And different procedures have been provided for categorization of such
offences.
In Satbir Singh & others v. State of Haryana, [AIR 2005 SC 3549] SC
reiterated that for determining whether accused is juvenile or not, the date
of birth in school records shall be taken into consideration by JJB.

15. Explain 'Fair Trial' and enumerate the features of 'Fair Trail'.
Presumption of Innocence
Legal Aid to an Indigent Accused (Section 304 of CrPC)
Answer:
The main aim of the Criminal Justice-System of India is to ensure fair and
impartial trial of each and every accused who has been put behind bars in the
Indian territory. Our country follows the adversary system for conducting the
trial of an accused. Under this system, it is the prosecution who has to prove
the guilt of the accused beyond a reasonable doubt. The Criminal-Justice-

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

System of India follows some principles to ensure fair trial but still, India lags
behind in the Rule of Law Index. According to the World Justice Project (WJP),
2019 Rule of Law Index India has been ranked 68 out of 128 countries.
Principles of Fair Trial under the Adversary System
The Indian Judiciary has explained the need and importance of the concept of
Fair Trial in a number of cases and the Best Bakery Case is among them. In
the landmark case of Zahira Habibullah Sheikh and ors vs. State of
Gujarat, the Supreme Court has defined fair trial as a trial before an impartial
Judge, a fair prosecutor and atmosphere of judicial calm. The SC said that a
denial of a fair trial is as much injustice to the accused as is to the victim and
the society.
Following are the principles of a fair trial-
1. Presumption of innocence
2. Independent, impartial and competent judge
3. Expeditious trial
4. Hearing should be in open court
5. Knowledge of accusation and adequate opportunity
6. Trial in presence of accused
7. Evidence to be taken in presence of accused
8. Cross-examination of prosecution witnesses
9. Prohibition of Ex post facto law {Article 20(1)}.
10. Prohibition of double jeopardy {Article 20(2)}.
11. Prohibition of Self-incrimination {Article 20(3)}.
12. Right of getting all the documents related to the court.
13. Fair and honest prosecutor.
14. Benefit of strict interpretation of penal statutes.
15. Legal aid to an indigent accused (Section 304 of CrPC).

IMPORTANT CASES
16. Who is eligible for probation?
A. ‘X’ killed his wife by giving poison. He committed the crime or first time.
Can he be released on probation? (Jan-2019).
B. Rajesh possessed unlicensed gun was arrested by police, he belongs to a
respected family. His crime was proved and he requested for probation.
Whether probation can be granted to Rajesh or not? (May-2019).

Issue:
Case A: Is ‘X’ eligible for probation? No, he is not eligible as per Section 360
of CrPC and 302 of IPC.
Case B: Is Rajesh eligible for Probation? No, he is not eligible as per THE
ARMS ACT, 1959
Section 22(1A), Whoever acquires, has in his possession or carries any
prohibited arms or prohibited ammunition in contravention of section 7 shall
be punishable with imprisonment for a term which shall not be less than five
years, but which may extend to ten years and shall also be liable to fine,
assuming that his punishment exceeded 7 years term.

Rule:
*For definition of Probation please refer Question Number 13.
The probation was dealt with in Section 360 of the Code of Criminal
Procedure. This Section says that if:

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

1. Any person who is not below twenty-one years and is convicted of a

crime for which the punishment is imprisonment for seven years or less
or is convicted for an offence punishable with fine.
2. Or any person who is below twenty-one years or if any women
convicted of an offence not punishable with imprisonment of life or
death and no previous conviction is proved against the offender.
3. And appears before the court, regardless of the circumstances in which
he has committed the offence, the court might release the offender on
the promise of good conduct.
The court might release him on entering the bond for good conduct and
peace instead of punishing the offender with imprisonment. In the case of
Jugal Kishore Prasad vs The State of Bihar, the Supreme Court stated that the
aim of the law is to deter the juvenile offenders from turning into obdurate
criminals as a result of their interaction with seasoned mature-age criminals
in case the juvenile offenders are sentenced to incarceration in jail. It is
observed that the Act is in accordance with the present trend of penology,
which says that effect should be made with accordance to change and
remould the offender and not to retribute justice. Modern criminal
jurisprudence recognises that no one is born criminal. A good number of
crimes are a result of a socio-economic environment.

Application:
For application of this section it is necessary that the offender must not have
been convicted previously so as to bring him in the category of the first
offender. On fulfilment of the above conditions if the court by which the
offender is convicted considers it expedient that the offender should be
released on probation of good conduct, it may, instead of sentencing him at
once to any punishment, order him to be released on bond with or without
sureties. The offender may be required to furnish a bond to appear and
receive sentence whenever called upon during such period not exceeding
three years as the court may direct. The offender shall be directed by the
court to keep the peace and be of good behaviour if he is released on
probation under this section. No offender can, as of right, on fulfilling the
conditions laid down in this section, claim to be released on probation of
good conduct. It is a discretionary power given under this section to the
court. The discretion has to be exercised by the court keeping in view not
only that it is the first conviction of the accused but the circumstances in
which the crime was committed, the age, character and antecedents of the
offender.

Conclusion:
Case A: In this case ‘X’ is not eligible for probation, as per Section 360(1) of
the CrPC probation is eligible for those who are imprisoned for seven years or
less, in this case the accused is punishable with Section 302 of the IPC,
Punishment for murder.--Whoever commits murder shall be punished with
death, or imprisonment for life, and shall also be liable to fine.
Case B: In the given case the convict Rajesh is not eligible for probation
because his punishment is exceeding the 7 years eligibility criteria.

17. Arresting a Judge.

A. A judge was involved in a corruption case, it was confirmed by the
preliminary enquiry and he was arrested by the police. Whether, police have

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

powers to arrest the judge. If not, how to arrest the judge? Which court is
having the power to arrest him? What will be the punishment? (Jan-2020).
B. A judge is involved in a murder case. Is a police officer has power to
arrest? Discuss. (Jan-2019 & May-2016).

Issue:
Can the police arrest a Judge? Yes, they can arrest, but has to follow some
rules.

Rule:
Chapter V of the Criminal Procedure Code, 1973 deals with ''Arrest of
persons''.
The Following guidelines are laid down by the Hon'ble Supreme Court in
its judgment in Delhi Judicial Service Association, Tis Hazari Court, Delhi vs
State of Gujarat and others.
In this ruling, the Apex Court held that in view of the paramount necessity
of preserving the independence of judiciary and at the same time ensuring
that infractions of law are properly investigated the following guidelines are
to be followed:
(a) If a judicial officer is to be arrested for some offence, it should be done
under intimation to the District Judge or the High Court as the case may be.
(b) If facts and circumstances necessitate the immediate arrest of a judicial
officer of the subordinate judiciary, a technical or formal arrest may be
affected.
(c) The fact of such arrest should be immediately communicated to the
District and Sessions Judge of the concerned District and the Chief Justice of
the High Court.
(d) The Judicial Officer so arrested shall not be taken to a police station,
without the prior order or directions of the District & Sessions Judge of the
concerned District, if available.
(e) Immediate facilities shall be provided to the Judicial Officer for
communication with his family members, legal advisors and Judicial Officers,
including the District & Sessions Judge.
(f) No statement of a Judicial Officer who is under arrest be recorded nor any
panchnama be drawn up nor any medical test be conducted except in the
presence of the Legal Advisor of the Judicial Officer concerned or another
Judicial Officer of equal or higher rank, if available.
(g) There should be no handcuffing of a Judicial Officer. If, however, violent
resistance to arrest is offered or there is imminent need to effect physical
arrest in order to avert danger to life and limb, the person resisting arrest
may be over-powered and handcuffed. In such case, immediate report shall
be made to the District & Sessions Judge concerned and also to the Chief
Justice of the High Court. But the burden would be on the Police to establish
the necessity for effecting physical arrest and handcuffing the Judicial Officer
and if it be established that the physical arrest and hand-cuffing of the
Judicial Officer was unjustified, the Police Officers causing or responsible for
such arrest and handcuffing would be guilty of misconduct and would also be
personally liable for compensation and/or damages as may be summarily
determined by the High Court. It was further held that these guidelines are
not exhaustive but are the minimum safeguards to be observed in case of
arrest of a Judicial Officer. These should be implemented by the State
Governments as well as by the High Courts. No judicial officer should visit a
Police Station on his own except in connection with his official and judicial

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

duties and functions, and this also with prior intimation to the District and
Sessions Judge.

Application:
Delhi judicial services association, Tis Hazari court, Delhi v. the State of
Gujarat
Facts of the case
In this case, the Chief Judicial Magistrate at Nadiad found no cooperation with
the police in delivering the summons or producing offenders and thus
delaying the trials. The Chief Judicial Magistrate wrote a letter to the DSP
(District Superintendent of Police) and DGP (Director General of Police)
stating the same, however, no action was taken. The Police Inspector of
Nadiad had withdrawn the constables from the C.J.M Court after this incident
and the C.J.M. directed the police to file a criminal case against persons who
were delaying the investigation, however, again no action was taken. The
Police Inspector complained about the C.J.M. to the Registrar of the High
Court through DSP (District Superintendent of Police). The C.J.M. was further
called to the Police Station to check documents, however, the C.J.M. was
forced to drink liquor and pictures were clicked in that state. Further, the
Police arrested, assaulted and handcuffed the judicial officer. The case went
to the Supreme Court and the issues were raised regarding the arrest made
by the Police Inspector.

Judgment: The Supreme Court held that the arrest made by the Police Officer,
in this case, was violative of Article 136 of the Indian Constitution. This
judgment is a landmark judgment and in this case, the court provided with
guidelines to arrest a judicial officer.

Conclusion:
In the given case the police can arrest a magistrate but they should follow
the rules laid down by Supreme Court in the case of Delhi Judicial Service
Association, Tis Hazari Court, Delhi vs State of Gujarat and others, which are
mentioned above.

18. Prosecution of children.

A. Two boys aged 4 year and 5 years had broken open the locks of two shops
for the purpose of committing theft, while returning back they injured a
person who died after one week. Whether both are punishable or not? If so
what is the punishment for both. (Jan-2020).
B. X and Y both 14 years and Z aged about 19 years tried under Section 302
of IPC for murder of constable. They were tried by the session court and
were acquitted. Is the trail proper? (Jan-2019).
C. A boy of 17 years of age, as on the date of commission of offence, escaped
from detection. Later he was caught by the police and produced before the
Magistrate for trial. At the time of trial his age was 21 years. He was tried
and convicted by the Criminal Court. Is it legal? Examine. (Jan-2018).
D. A boy aged 16 years 6 months was involved in a kidnapping and murder of
a woman. Whether the boy in punishable or not, if so by which court and
what will be the punishment? (May-2016).

Issue:

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

 A child who has not completed age of 18 is called as juvenile and only
Juvenile Justice Board is the competent authority to deal such cases of
juvenile.
 In case of a heinous offence alleged to have been committed by a child
who has completed or above the age of sixteen years should be
prosecuted as an adult.
Whether the accused is a juvenile or not? Answer: we should answer as per
the above age limits.

Rule:
Juvenile Justice Act, 1986 defined a juvenile or child to be a person who in
case of a boy has not completed age of 16 years and in case of a girl 18 years
of age. The JJA Act, 1986 was repealed by 2000 Act and the distinction with
regard to age between male and female juveniles has been done away with
by the Government of India in performance of its obligation to the
international obligations. Now age of juvenile in conflict with law for male
and female has been fixed at 18 years. A juvenile in conflict with law under
the JJ (C & P) Act, 2000 is a juvenile who is alleged to have committed an
offence and has not completed 18 years of age as on the date of commission
of such offence. Recently under the new Juvenile justice act, 2015 In case of a
heinous offence alleged to have been committed by a child, who has
completed or is above the age of sixteen years, the Juvenile Justice Board
shall conduct a preliminary assessment with regard to his mental and
physical capacity to commit such offence, ability to understand the
consequences of the offence and the circumstances in which he allegedly
committed the offence.
Salient features of JJA:
1. The Juvenile Justice Act was brought into place to deal with two kinds of
juveniles or children. (a) child in conflict with the law and (b) child in need of
care and protection. As I mentioned before, a juvenile or a child is a person
who is below the age of 18. The age was brought up to 18 years from the
previous 16 years by the amendment of the Act in the year 2000.
2. Child in conflict with the law as the name suggests is a child who has
allegedly committed an offence whereas a child in need of care and
protection is a child who has been abandoned or is destitute.
3. The Act provides for rules and regulations to be followed and
institutions to be instituted to try and hear cases of children in conflict with
the law.
4. a. The Act known as ‘The Reformatory Act’ deals with two categories of
children, namely children in need of care and protection and children in
conflict with the law.
b. The competent authority to deal with children in need of care and
protection is the Child Welfare Committee (CWC) which constitutes a
Chairperson and four other members, one of whom at least should be a
woman. Chapter IV of this Module would focus in detail about Children in
need of care and protection and the functioning of the CWC in rehabilitation
and disposition of cases
c. Juvenile Justice Board (JJB) is the competent authority to deal with children
in conflict with law which comprises of three members. The Chairperson of
the Board should be a First Class Judicial Magistrate and two honorary social
workers out of whom at least one should be a woman. Special provisions for
children in conflict with law and the responsibilities of the Board are
discussed in detail in Chapter III of this Module.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

5. The Act provides for the establishment of various kinds of Institutions

such as
 Children’s Home for the reception of child in need of care and
protection.
 Special Homes for the reception of child in conflict with law
 Observation Homes which are meant for the temporary reception of
children during the pendency of any inquiry.
 After-care Organizations which are meant for the purpose of taking care
of children after they have been discharged from Children’s Home or
Special Homes.

Application:
The Nirbhaya Case - Led to the change in the Juvenile Justice Act
On 16th December, 2012, a brutal case of gang rape & murder shook the
nation. A 23-year-old girl was assaulted and raped in a bus. The criminals
then threw her lifeless body onto the road.
There were 6 people involved, 5 adults and a juvenile, aged 17. The adults
were sentenced to 10 years in prison, while one of them was found dead in
his jail cell during the course of the trial. The juvenile was sent to
correctional facility for 3 years.
But brutal acts in this case had shocked people beyond belief. There were
protests to try him as an adult. This subsequently led to the replacement of
our Juvenile Justice Act, 2000. The age bar to be tried as an adult was
lowered from 18 to 16 years.

Conclusion:
Case A: In the given case both the children are below 7 years of age and
exempted from prosecution u/s 81 of IPC.
Case B: In this case ‘Z’ is aged 19 years and tried under Section 302 of IPC
by the Sessions Court is correct and X and Y both aged 14 years should be
tried by Juvenile Justice Board.
Case C: For the purpose of ascertaining whether the accused is a juvenile or
not, we should consider the age at the time of commission of the offence, he
was 17 years old at that time and JJB is the competent authority.
Case D: As per the Juvenile Justice Act the age should be below 18 years to
be tried under this Act, this case is a fit case to be tried by JJB,

19. Jurisdiction of Courts {Sections 177 – 189 of CrPC}:

A. There was a conspiracy between four persons to commit robbery. One was
in Delhi, one in Hyderabad, one in Madras and the other in Utter Pradesh.
All the four sent their representatives to commit robbery in a jewel shop.
All the four successfully completed their job. Now which court is having
jurisdiction to frame a charge against all the culprits. (May-2019)
B. A group of persons with malicious intention kidnapped a girl in Warangal
and brought to Hyderabad and further they committed rape followed by
murder. State which court is having jurisdiction to try the case and what
will be the punishment? (May-2019).
C. X and Y committed murder of their own daughter for loving a boy who was
not equal to their status. They misled the court and police by concealing
facts. What court has jurisdiction? (Jan-2015).
D. In a case of defamation of high dignitary which court shall have the power
to try and what will be the punishment? (Jan-2015).

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Issue:
Case A: Which court is having the jurisdiction? The court where the robbery
has taken place is having the jurisdiction.
Case B: This case should be tried in Warangal Session Court.
Case C: This case pertains to murder and Session Court is competent to try
this case.
Case D: Where the accused is residing or where the defamation has taken
place.

Rule:
Section 177 of The Code of Criminal Procedure, 1973: Ordinary place of
inquiry and trial. Every offence shall ordinarily be inquired into and tried by a
Court within whose local jurisdiction it was committed.
Sentences which can be passed by the various courts
1. Sentences passed by the High Courts and Sessions Judges (Section 28):
 Any sentence which is authorised by law can be passed by the High
Court.
 A Sessions or Additional Sessions Judge may pass any sentence
authorised by law. But, while passing death sentence prior confirmation
from High Court is required.
 An Assistant Sessions Judge may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding ten years.
2. Sentences passed by the Magistrates (Section 29) –
 The Court of Chief Judicial Magistrate may pass any sentence
authorised by law except a sentence of death or of imprisonment for
life or of imprisonment for a term exceeding seven years.
 The Court of a Judicial Magistrate of first class may pass a sentence of
imprisonment for a term not exceeding three years, or a fine not
exceeding ten thousand rupees or of both.
 The Judicial Magistrate of second class may pass a sentence of
imprisonment for a term not exceeding one year, or a fine less than five
thousand rupees.
 The Court of a Chief Metropolitan Magistrate has the same powers as
that of a Chief Judicial Magistrate and of MM, in addition to the powers
of the Magistrate of first class.

Application:

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

Whenever an offence is committed, the first question which arises is that in

whose jurisdiction the offence would fall. The jurisdictional issue is the most
important issue which needs to be resolved so that the proceedings can
begin without any hindrance. Sections 177-189 deals with the concept of
jurisdiction. Under normal circumstances, the case shall be inquired and tried
by a court under whose jurisdiction the offence has been committed.

Conclusion:
Case A: As per the above stated points this case should be tried in the limits
where the robbery has taken place.
Case B: In this case the kidnaping has taken place in Warangal hence the
case should be tried in Warangal Session Court.
Case C: The Session Court is competent to try this case as per Section 28 of
the CrPC.
Case D: The Court of a Magistrate of the first class is competent to try this
case as per Section 29 of the CrPC.
Section 500 of the Indian Penal Code: Punishment for defamation.—whoever
defames another shall be punished with simple imprisonment for a term
which may extend to two years, or with fine, or with both.

20. Double Jeopardy {Article 20(2) and Section 300 of CrPC}:

A. ‘A’ is charged before the session court and convicted of the culpable
homicide of ‘B’. ‘A’ again was tried on the same facts for the murder of
‘B’. Justify. (Jan-2019).
B. ‘A’ was prosecuted for committing theft and acquitted by the court. Again
he is prosecuted for the same offence on the ground that some new
evidence has been discovered later. Is it legal? Examine? (Jan -2018).
Issue:
Case A: Can ‘A’ be tried again for the same crime? No, he was convicted for
the same crime and again he can’t be tried for second time.
Case B: Can ‘A’ be tried again with the help of new evidence? Yes, he can.

Rule:
1. Article 20(2) of the Indian Constitution: No person shall be prosecuted
and punished for the same offence more than once.
2. Section 300 of the Code of Criminal Procedure, Person once convicted
or acquitted not to be tried for same offence.

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

(1) A person who has once been tried by a Court of competent

jurisdiction for an offence and convicted or acquitted of such offence
shall, while such conviction or acquittal remains in force, not be liable
to be tried again for the same offence, nor on the same facts for any
other offence for which a different charge from the one made against
him might have been made under sub- section (1) of section 221, or for
which he might have been convicted under sub- section (2) thereof.

Application:
A partial protection against double jeopardy is a Fundamental Right
guaranteed under Article 20 (2) of the Constitution of India, which states "No
person shall be prosecuted and punished for the same offence more than
once". This provision enshrines the concept of autrefois convict, that no one
convicted of an offence can be tried or punished a second time. However, it
does not extend to autrefois acquit, and so if a person is acquitted of a crime
he can be retried. In India, protection against autrefois acquit is a statutory
right, not a fundamental one. Such protection is provided by provisions of the
Code of Criminal Procedure rather than by the Constitution.
A person who has once been tried by a Court of competent jurisdiction for
an offence and convicted or acquitted of such offence shall, while such
conviction or acquittal remains in force, not be liable to be tried again for the
same offence, nor on the same facts for any other offence for which a
different charge from the one made against him might have been made under
sub-section (1) of section 221, or for which he might have been convicted
under sub-section (2) thereof.
Recently Supreme Court of India in Kolla Veera Raghav Rao case has
affirmed that Section 300(1) CrPC is wider in its scope than Article 20(2) of
the Constitution. While Article 20(2) of the Constitution only says that “no
person shall be prosecuted and punished for the same offence more than
once”, Section 300(1) Cr.P.C states that no one can be tried and convicted for
the same offence or even for a different offence but on the same facts.
That means he can be tried twice if new evidence can be brought to bear
during a retrial at a district court. Thus one can be tried twice for the same
alleged crime.
Monica Bedi v State of Andhra Pradesh
In this case the Apex Court ruled that a passport enrolled on fictitious
name amounted to a double jeopardy as a Portuguese court too had earlier
convicted her for owning forged passport.

Conclusion:
Case A: In the given case ‘A’ can’t be tried for the second time.
Case B: In the given case, ‘A’ can be tried because previously he was
acquitted in the same case but with the surface of new evidence second trial
is possible. As per the Article 20(2) fundamental right is available to autrefois
convict and not to autrefois acquit, Sec 300 of CrPC provides only statutory
right to the autrefois acquit.

21. Plea Bargaining:

A. ‘Z’ killed his wife by burning her because of dowry. A criminal case was
filed against the accused. He admitted the guilt before the court and
requested the court for reducing the punishment. State whether he can
succeed or not? If so under which section? (Jan-2017).

Harinath Janumpally – harinath0012@gmail.com - 94406 29864

CrPC – 5th Semester

B. In a rape and murder case one accused filed for plea bargaining. Will the
court accepts his plea? If not which court is competent to try and what will
be the punishment? (Jan-2015).

Issue:
Case A and B: In the given cases the accused is not eligible for “plea
bargaining”.

Rule:
Sections 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals
with the concept of Plea Bargaining. It was inserted into the Criminal Law
(Amendment) Act, 2005. It allows plea bargaining for cases:
1. Where the maximum punishment is imprisonment for 7 years;
2. Where the offenses don’t affect the socio-economic condition of the
country;
3. When the offenses are not committed against a woman or a child below
14 years of age.
Case A: Under Section 302 of IPC the punishment for murder: ‘whoever
commits murder shall be punished with death, or imprisonment for life, and
shall also be liable to fine.
Case B: In this case u/s 302, 376 and 376AB is applicable and the punishment
is imprisonment for life or death.

Application:
Plea bargaining is a pre-trial negotiation between the accused and the
prosecution where the accused agrees to plead guilty in exchange for certain
concessions by the prosecution. It is a bargain where a defendant pleads
guilty to a lesser charge and the prosecutors in return drop more serious
charges. It is not available for all types of crimes e.g. a person cannot claim
plea bargaining after committing heinous crimes or for the crimes which are
punishable with death or life imprisonment.

Conclusion:
In both the cases, the plea bargain is not applicable because for the
applicability of plea bargain the sentence should not exceed 7 years but in
both cases, it is exceeding hence not applicable.

*****

Harinath Janumpally – harinath0012@gmail.com - 94406 29864