lOMoARcPSD|16369787

CRPC - THIS ARE CRPC COURSE NOTES CREATED BY

THE FACULTY OF NYAYPARISAR LAW ACADEMY
Code of civil procedure (University of Mumbai)

Studocu is not sponsored or endorsed by any college or university

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

SEMESTER - VI DSC – 601 LAW OF CRIMES-II (CRIMINAL PROCEDURE CODE)

(PAPER – I)
Syllabus –

Unit-I: Introductory
1. Salient features of the Code
2. Important Definitions
3. Functionaries under the Code -The police, the prosecutors, the criminal courts, the defense
counsel, Prison authorities and their powers and functions
4. Classification of offences- Cognizable and Non-cognizable, Bailable and Non-Bailable,
Compoundable and Non-Compoundable.
5. The concept and component of Fair Trial and its importance

Unit-II: Pre-Trial Process-I

1. First Information Report (Ss. 154-155)
2. Investigation by the police (Ss. 156-176)
3. Summons and Warrant (S.61- 81)
4. Proclamation, attachments and other rules ( S. 82- 90)
5. Search and seizure (Ss. 91-105)

Unit-III: Pre-Trial Process-II

1. Arrest of persons – with and without warrant- by whom and how - procedure and
circumstances
2. Rights of arrested person (Ss. 41A to 60)
3. Provisions relating to Bail and Bond (Ss. 436-450)
4. Discretionary bail- Mandatory bail – circumstances
5. Anticipatory Bail (S. 438)

Unit-IV: Trial Process

1. Trial meaning and nature, types of trial, Common features of trial
2. Proceedings before magistrate, Commencement of proceeding, Condition Requisites for
Initiation of Proceeding (S. 190- 199)
3. Complaint to Magistrates ( S. 200-203) , Commencement of proceedings before Magistrates
(S. 204- 207)
4. Charges in Criminal Trial (Ss. 211-224)
5. Plea Bargaining (S. 265A- 265L,) and compounding of offences ( S. 320 )

Unit-V: Trials and their procedures

1. Trial before Court of Session (Ss. 225-237)
2. Trial of warrant cases by Magistrates (Ss. 238-250)
3. Trial of summons cases by Magistrates (Ss. 251-259)

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

4. Summary Trials (Ss. 260-265)

5. Inquiries and Trials (Ss. 266-339)

Unit-VI: Judgment (353-365) Appeals (372-394)

1. Form, content and Modes of providing Judgment (Ss. 353,354, )
2. Compensation and Cost ( S. 357, 357A, 357B, 357C, 358,362, 363)
3. Post Conviction order (S. 360- 362)
4. Right of Appeal, Appeal against conviction (372- 377), Appeal against Acquittal (S. 378)
5. Procedure of Appeal ( S. 379 - 394)

Unit - VII Reference and Revision (395-405) , Execution, Suspension, remission, and
Commutation of sentences
1. Reference to High Court ( S. 395)
2. Revisional Jurisdiction (Ss. 397-401) Revisional Conditions & Powers of Revisional Courts.
3. Execution of sentences ( S. 413- 424)
4. Suspension (S.432), Postponement ( S. 415, 416)
5. Remission and Commutation of sentences (S. 433-A)

Unit-VIII: Preventive Measures, security proceedings and maintenance of wives, children

and parents
1. Preventive action of the Police ( S. 149- 153)
2. Unlawful Assemblies (S. 129 - 132)
3. Removal of public nuisance (S. 133- 143)
4. Maintenance of wives, children and parents ( S. 125- 128)
5. Limitation period under Code of Criminal Procedure ( S. 467- 473)

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

SUBJECT NAME: LAW OF CRIMES - II (Criminal Procedure Code)

BROAD QUESTIONS

Unit-I: Introductory
1. Salient features of the Code
2. Important Definitions
3. Functionaries under the Code -The police, the prosecutors, the criminal courts, the defense
counsel, Prison authorities and their powers and functions
4. Classification of offences- Cognizable and Non-cognizable, Bailable and Non-Bailable,
Compoundable and Non-Compoundable.
5. The concept and component of Fair Trial and its importance

Broad Question
1. Enumerate in brief the concept of Fair trial under Criminal Procedure Code.
2. Write a detail note on the classification of offences under the Code of Criminal Procedure,
1973.
3. Write a detail note on the various functionaries, who exercise powers and discharge
duties under the Code

4. Explain the salient features of Code of Criminal Procedure, 1973.

5. What are the different courts exercising jurisdiction under the Code? What sentences
can they pass?

Short notes

1. How the Magistrate of First Class can take cognizance of any offence
2. Magistrate's power to direct police officer to investigate cognizable offences
3. Cancellation of Bail
4. Bail
5. Right to be examined by Medical Practitioner
6. Discretion in granting bail
7. How Magistrate of the first class can take cognizance of any offence.
8. Alteration of Charges.

Unit-II: Pre-Trial Process-I

1. First Information Report (Ss. 154-155)
2. Investigation by the police (Ss. 156-176)
3. Summons and Warrant (S.61- 81)

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

4. Proclamation, attachments and other rules ( S. 82- 90)

5. Search and seizure (Ss. 91-105)

Broad Question

1. Write a detailed note on "Information in cognizable cases (F.I.R)". Explain in detail its
2. significance and evidentiary value.
3. When police may arrest without warrant? Explain in detail the procedure of arrest. What
4. are the duties of officer making arrest?
5. What is mean by "arrest"? What are the rights of arrested person?
6. Explain in detail process under the CR.P.C. to compel the appearance of accused before court
7. Explain in detail the procedure under the code to compel the production of things.
8. What is complaint to magistrate? Distinguish between complaint and FIR

Short notes
1. Plea Bargaining
2. Compounding of offences
3. Summary Trials.
4. Tender of pardon to accomplice.
5. Compounding of offences.

Unit-III: Pre-Trial Process-II

1. Arrest of persons – with and without warrant- by whom and how - procedure and
circumstances
2. Rights of arrested person (Ss. 41A to 60)
3. Provisions relating to Bail and Bond (Ss. 436-450)
4. Discretionary bail- Mandatory bail – circumstances
5. Anticipatory Bail (S. 438)

Broad Question

1. Define Anticipatory bail. Under which circumstances it can be granted?

2. Differentiate between bailable & non-bailable offences. Under what circumstances bail
3. may be granted in non-bailable offences?
4. What is Bail? Under what circumstances bail may be can be granted? By which court the
bail granted?
5. Write provisions concerning bond under criminal procedure code.

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Unit-IV: Trial Process

1. Trial meaning and nature, types of trial, Common features of trial
2. Proceedings before magistrate, Commencement of proceeding, Condition Requisites for
Initiation of Proceeding (S. 190- 199)
3. Complaint to Magistrates ( S. 200-203) , Commencement of proceedings before Magistrates
(S. 204- 207)
4. Charges in Criminal Trial (Ss. 211-224)
5. Plea Bargaining (S. 265A- 265L,) and compounding of offences ( S. 320 )

Broad Question

1. Explain the rights of arrested person.

2. Define cognizable offence & state when can police arrest any person without warrant?
3. Explain the meaning of the trial and the types of trial?
4. Discuss the provision regarding Charge under Criminal Procedure Code.
5. When a Magistrate of the first class can issue process in a private Complaint.
6. Explain Plea Bargaining.
7. When and how does the magistrate take cognizance of cases? Are there any exception
8. to the rule that anybody can set the law into motion?
9. Discuss and distinguish in detail the Plea Bargaining and compounding of offences

Unit-V: Trials and their procedures

1. Trial before Court of Session (Ss. 225-237)
2. Trial of warrant cases by Magistrates (Ss. 238-250)
3. Trial of summons cases by Magistrates (Ss. 251-259)
4. Summary Trials (Ss. 260-265)
5. Inquiries and Trials (Ss. 266-339)

Broad Question

1. Explain the provisions regarding a trail before a Court of Session.

2. Explain the procedure of Warrant trail instituted otherwise than on police report (Private
complaint).
3. Explain the provisions of trial of summons-cases by magistrates.
4. What are the modes of taking and recording of evidence under Code of Criminal
Procedure, 1973? Difference between summons trial and warrant trial.

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Unit-VI: Judgment (353-365) Appeals (372-394)

1. Form, content and Modes of providing Judgment (Ss. 353,354, )
2. Compensation and Cost ( S. 357, 357A, 357B, 357C, 358,362, 363)
3. Post Conviction order (S. 360- 362)
4. Right of Appeal, Appeal against conviction (372- 377), Appeal against Acquittal (S. 378)
5. Procedure of Appeal ( S. 379 - 394)

Broad Question
1. Explain in detail Reference and Revision and find out the points of difference between
Reference and Revision.
2. What is mean by appeal? When appeal can be made and when cannot be made?

Unit - VII Reference and Revision (395-405) , Execution, Suspension, remission, and
Commutation of sentences
1. Reference to High Court ( S. 395)
2. Revisional Jurisdiction (Ss. 397-401) Revisional Conditions & Powers of Revisional Courts.
3. Execution of sentences ( S. 413- 424)
4. Suspension (S.432), Postponement ( S. 415, 416)
5. Remission and Commutation of sentences (S. 433-A)
Broad Question

1. Explain in detail power of High Court relating to Reference and conditions of reference
2. procedure
3. How the High Court's exercises its power of revision under the code of criminal
procedure? Discuss in detail.
4. Discuss in detail the provisions under the code relating to Appeal, Reference and
Revision.

Short note
1. Appeal against acquittal and conviction
2. Appeal in petty cases maintainable or not?

Unit-VIII: Preventive Measures, security proceedings and maintenance of wives, children

and parents
1. Preventive action of the Police ( S. 149- 153)
2. Unlawful Assemblies (S. 129 - 132)
3. Removal of public nuisance (S. 133- 143)

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

4. Maintenance of wives, children and parents ( S. 125- 128)

5. Limitation period under Code of Criminal Procedure ( S. 467- 473)

Broad Question
1. Briefly explain the provisions under Code of Criminal Procedure 1973in respect of (a)
Preventive action of the Police and (b) Unlawful Assemblies
2. Briefly explain the provisions under Code of Criminal Procedure 1973 in respect of (a
Removal of public nuisance and (b) Unlawful Assemblies
3. Write in detail the provisions under Code of Criminal Procedure 1973, Maintenance of
wives, children and parents
4. What steps can be taken under Code of Criminal Procedure 1973, by the police under the
powers of "Preventive action of the Police"? Are the powers same as general powers of
arrest and detention?

Short note
1. Preventive action of the Police
2. Control and management of Unlawful Assemblies under Code of Criminal
Procedure1973
3. Removal of public nuisance
4. Maintenance of wives, children and parents
5. Limitation period under Code of Criminal Procedure
6. Public prosecutor
7. Police
8. Fair trial
9. Cognizable and non-Cognizable offences

Unit-I: Introductory
1. Salient features of the Code
2. Important Definitions
3. Functionaries under the Code -The police, the prosecutors, the criminal courts, the defense
counsel, Prison authorities and their powers and functions
4. Classification of offences- Cognizable and Non-cognizable, Bailable and Non-Bailable,
Compoundable and Non-Compoundable.
5. The concept and component of Fair Trial and its importance

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Broad Question
1. Enumerate in brief the concept of Fair trial under Criminal Procedure Code.
2. Write a detail note on the classification of offences under the Code of Criminal Procedure,
1973.
3. Write a detail note on the various functionaries, who exercise powers and discharge
duties under the Code
4. Explain the salient features of Code of Criminal Procedure, 1973.
5. What are the different courts exercising jurisdiction under the Code? What sentences
can they pass?

Short notes
1. How the Magistrate of First Class can take cognizance of any offence
2. Magistrate's power to direct police officer to investigate cognizable offences
3. Cancellation of Bail
4. Bail
5. Right to be examined by Medical Practitioner
6. Discretion in granting bail
7. How Magistrate of the first class can take cognizance of any offence.
8. Alteration of Charges.

Salient Features of Code of Criminal Procedure:

• The Code of Criminal Procedure, 1973 came into effect from April 01, 1974.
• The purpose of the code is to provide machinery for prosecution, trial and punishment to
offenders under the substantive criminal law that is Indian Penal Code.
• The substantive law defines the rights, duties and liabilities of the persons.
• The rules of procedure are provided by the Code of Criminal Procedure which are meant
to regulate the procedure in the courts.
• It provides an opportunity to the accused person to get a fair trial by considering the
Principles of Natural Justice.
• It also provides working for various functionaries of the state.

Salient Features of Code of Criminal Procedure are as follows:

a) The Code contains 484 sections and XXXVIII Chapters.
b) The Code of Criminal Procedure provides a uniform a uniform set of criminal courts
throughout the territory of India by conferring Jurisdiction, Powers and Functions.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

c) Under the Code of Criminal Procedure every person is entitled to get fair trial. The
accused is presumed to be innocent until the charges are proved.
d) Under Code of Criminal Procedure special provisions have been made to protect the
interest of the accused person.
e) Under Code of Criminal Procedure all Judicial Magistrates shall work under the control
of High Courts of the respective states.
f) Under Code of Criminal Procedure the procedure for trial of summary cases shall be the
same as that of summary cases except otherwise provided.
g) The Code of Criminal Procedure does not affect any Special Law, Local Law.
h) It also mentions basic legal terms which are given under Code of Criminal Procedure.
i) The Code of Criminal Procedure also explains the Constitution of Criminal Courts and its
functionaries in India.
Amendments:
The Amendment Act come into force on the 21st day of April, 2018 may be called as “Criminal
Law (Amendment) Act, 2018.

3. Functionaries under the Code -The police, the prosecutors, the criminal courts, the
defense counsel, Prison authorities and their powers and functions
Introduction
There are various functionaries under the Code of Criminal Procedure,1973 who help to regulate
the various provisions of the code. The functionaries are essential for the proper functioning of
the code. The various functionaries mentioned under the code are the Police, Public Prosecutors,
Assistant Public Prosecutors, Additional Prosecutors, Prison authorities and the Defence counsel.
The powers and functions of the functionaries are clearly mentioned in the code.

The functionaries referred to under this code are as follows:

1. Police
2. Prosecutors
3. Courts
4. Defense Counsel
5. Prison/ correction authorities

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

The Police
The Police Officer is an important authority who is the backbone of criminal law in India. They
are responsible for maintaining the law and order of the country. They are also responsible for
the enforcement of various laws and orders. The police officers have various powers and
functions that help to prevent various crimes happening in our country.
There is no definition of the term “Police” in the Code of Criminal Procedure but the term is
defined in the Police Act of 1861. According to the Police Act, 1861 all the persons who are
enrolled under the Act are known as the Police.
According to Section 154, the Police Officers have the power to record every information
provided orally if it relates to the commission of a cognizable offence.

Powers of police
1. Power to arrest:
The main powers of police include the arresting of accused upon the issue of warrant by
the magistrate. This power is inclusive of the power of preventive arrest, i.e., Arrest
without a warrant under Section 151of the code. Under this section, the police is
empowered to make a preventive arrest in case of cognizable offences.
2. Power to search and investigate:
The police is authorized to inspect an examine a cognizable offence without a warrant in
accordance with Section 156. However, the police is required to submit a report to
magistrate before commencing the investigation. With respect to non-cognizable
offences, investigation can be carried out once the magistrate passes an order for the
same.
3. Power to compelling attendance and examination:
The police also has the authority to require the witness, who has knowledge of facts of
the case, to appear before himself or any other person as per the provisions of Section
160(1)[6], the police can further examine them under section 161.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Duties and Functions:

1. To register FIR:
The police are required to record information with respect to a cognizable offence in
accordance with Section 154.
2. Preliminary investigation:
The police are required to arrive at the scene of the crime to carry out a preliminary
investigation and to arrest the suspect.
3. Producing the arrested person before the court:
Once the accused person is arrested, it's the duty of the police to ensure that the person
arrested is produced before the magistrate within 24 hours.

4. Assist prosecution:
The police is further required to provide any kind of assistance as may be necessary to
ensure the administration of justice.
Public Prosecutors
Section 24 of the Code of Criminal Procedure deals with the Public Prosecutor. The main
function of the office of Public Prosecutor is to administer justice and to secure the public
purpose entrusted with him. The Public Prosecutor is an important officer of the State
Government and is appointed according to the provisions of this code. The Public Prosecutor is
an independent statutory authority and is not a part of any investigating agency.
It is mandatory to appoint a Public Prosecutor in all the cases when the prosecution is against the
State.

There are various classes of Public Prosecutor like,

1. Public Prosecutors appointed by the State Government and the Central Government;
2. Additional Public Prosecutors appointed by the State Government;
3. Special Public Prosecutors appointed by the Central Government;
4. Special Public Prosecutors appointed by the State Government.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Assistant public prosecutors

Section 25 of the Code of Criminal Procedure deals with the appointment of Assistant Public
Prosecutors. The State Government has to appoint one or more Assistant Public Prosecutors for
conducting prosecutions in different districts. The Assistant Public Prosecutors have no right to
practise as advocates or defend the accused in criminal cases.
Powers:
1. Power to appear and plead:
In accordance with Section 301, a public prosecutor may appear and plead before any
court, with respect to any case assigned to him

2. Power to withdraw:
Section 321 enumerates that the PP, With the permission of the Court, can drop a case
against anyone for reasons to be recorded.

Duties And Functions:

1. To administer justice:
Public prosecutors are mandated to remain impartial while interpreting the facts and
examining the witnesses. Their ultimate aim must be to ensure that justice is served and
not just to secure acquittal or conviction of the accused.
In the case of Mohd. Mumtaz vs Nandini Satpathy And Ors, it was observed that that
a public prosecutor should be personally unconcerned about the outcome of the case as
long as he is acting in accordance with the law. His sole responsibility should be to
provide all the relevant evidence to the court, regardless of whether it is against or for the
accused, in order to assist the court in ascertaining the truth.
2. To obtain the necessary warrants:
The prosecutor is required to appear in the court and obtain the arrest warrant for the
suspect and search warrants for the purpose of collecting evidence.
3. To conduct proceedings in the court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Court
The Courts are another important functionary under the Code of Criminal Procedure. There are
various classes of Criminal Court like,
• Courts of Session;
• Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan
Magistrates;
• Judicial Magistrates of the second class; and
• Executive Magistrates.

Powers of courts:
Chapter III of the code lays down provisions relating to the powers of courts, which are as
follows:
1. Power to try a case/offence:
Section 26 lays down the powers of the High Court, sessions court and other courts
mentioned in the 1st schedule to try any offence committed under IPC.
2. Power to pass sentences:
The power of different categories of courts to pass sentences differs based on the quantum of
punishment:
o High court: The HC is empowered to pass any sentence in accordance with the law as per
the provisions of Section 28 of the code.
In the case of Onkar Nath v. Emperor, it was observed that Section 28 does not entail that
the HC can impose any sentence; rather, its ability to impose any sentence exercising
appellate jurisdiction, must be judged by the power of the court from which the appeal has
been preferred.
o Sessions Court: they're established by virtue of section 9 of the code which requires the state
government to constitute a court for every session division. The sessions court is empowered
to award any punishment including death penalty which is subject to the approval of high
court. Further assistant sessions judge may also assume jurisdiction in a sessions court, if
appointed by the HC, and they have the authority to impose any sentence other than the death
penalty, life imprisonment or a term beyond 10 years.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

o Chief Judicial Magistrate and Chief Metropolitan Magistrate: any JM of the 1st class
may be appointed by the HC to be the Chief judicial magistrate. The provisions for the
establishment of Chief metropolitan magistrate is contained under section 10 of the act. Their
powers include passing any sentence except capital punishment, life imprisonment and a
sentence of more than 7 years in prison.
o Judicial magistrate 1st and 2nd class and Metropolitan Magistrate: The code specifies
that Judicial Magistrate of 1st class is entitled to impose a sentence of imprisonment for a
term which shall not extend beyond 3 years including the power of imposing fine which shall
not exceed ₹10,000, and the Judicial Magistrate of the 2nd class is at the lowest level which
is entitled to try offences, if the same is punishable with fine or imprisonment not exceeding
₹5000 and 1 year respectively, the powers of a metropolitan magistrate is similar to that of
JM of 1st class.
o Executive Magistrate: The State Government has been entrusted with the authority to
appoint the required number of executive magistrates in every district and metropolitan
regions, among such executive magistrates, one of them may be appointed as District
Magistrate.
3. Power to confer powers:
The State Government and the HC are empowered to confer powers on the subordinate
officers by virtue of Section 32 and the same can be subject to withdrawal by the State
Government or the HC. In Prem Nath v. the State of Rajasthan, it was observed that the HC
or the State Government are entitled to confer additional powers upon any subordinate
authority.
4. Power to examine the defendant:
The court may pose such questions to the accused as the court deems fit and the court may
also frame questions with the aid of prosecutor and defense counsel in accordance with
Section 313.
5. Power to summon the attendance of persons and question them:
The court has the authority to require the attendance of witnesses to examine them and any
other person during the course of proceedings for collecting evidence as per the provisions of
section 311.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

6. Authority to postpone proceedings:

Section 309 stipulates that the court may adjourn or postpone proceedings, if it considers it
necessary for any reason that has to be recorded.
7. Authority to prosecute persons who appear to be guilty
During the course of a hearing, if the court is satisfied, that any person connected to the case
has committed an offence, the court may initiate proceedings against such person(s).
Duties And Functions:
1. To resolve/settle disputes
The most essential function of the court is to hear the contentions of both parties. In criminal
offences, if the accused denies committing any crime alleged against him, the court is
required to determine the truth by selecting between the defendant's version of events and the
facts produced by the prosecutor. The court may be required to decide on questions that are
either factual or legal or questions that involve both.
2. To enforce judicial decisions
In criminal offences, the manner of enforcing decisions, usually depend on the nature of
decision to be enforced.
3. Functions of Magistrate under Section 3(4)
Judicial magistrates are required to perform all functions pertaining to matters involving the
evaluation, transferring of evidence or to pass an order by which a person is subject to
penalty, imprisonment or other punishment. On the other hand, executive magistrates have
authority over matters of administrative nature which includes granting and suspending
licenses, withdrawal or sanctioning of a prosecution.

The Defence Counsel

Every person arrested by the police has a right to defend himself with the help of a counsel.
One of the cardinal rules of natural justice embodies that both parties must be given an equal
opportunity of being heard. This rule is to be complied with at the first instance while recording
the statement of the accused as mandated under Section 313.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Duties And Functions:

1. To investigate and review prosecution's evidence:
The defence attorney is required to dig deeper to analyze all evidence available and all other
aspects of the matter at hand to be able to defend his client more efficiently.
2. Defend the Client:
The primary responsibility of the defence counsel is to defend his client before the court.
This also includes examining the prosecution's theories and developing counter-arguments.
3. To keep the client informed and updated:
Throughout the entire legal proceedings, the attorney must keep his client regularly informed
regarding the new developments in his case.

Prison Authorities and Correctional Facilities

The Criminal procedure code does not specifically include provisions pertaining to prison
authorities; however, they play a significant role in ensuring that proper care and custody is
provided for the prisoners. The state government is empowered to appoint these officials
Duties:
1. To be a custodian of prisoners:
The primary duty of the prison officials is to ensure the safety of inmates. Thus, in order
to fulfil this duty, they are also empowered to make use of force, whenever necessary to
prevent an inmate from attacking another inmate or a staff.
2. To inform the Relatives/Guardians in case of health or other issues:
In case an inmate is sick or is being transferred to another prison, it's the responsibility of
the prison officials to inform their relatives or guardians regarding the same.
3. To detain the convicted as mandated:
The prison officials are required to detain the convicted till the completion of his/her
imprisonment term and release them in accordance with the order.
4. To return the order, writ, etc. following the release of prisoners:
Once the persons convicted of a crime, have been released the police officials must
ensure that "order, writ or warrant" has been returned to the court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

5. To provide for rehabilitation and reformation of prisoners:

Though this isn't a strict rule, the prison officials must ensure that some rehabilitation
measures are provided for the criminal offenders.

4. Classification of offences- Cognizable and Non-cognizable, Bailable and Non-Bailable,

Compoundable and Non-Compoundable.
It is essential to categorise offences into different kinds to provide proportionate punishment to
the convicted person.

Classification of Offences
According to the Code of Criminal Procedure, the offences can be classified into the following
categories:
• Bailable and non-bailable offence
• Cognizable and non-cognizable offence
• Compoundable and non-compoundable offence

Bailable and Non-Bailable Offences

Bailable Offence
• Section 2(a) of CrPC defines bailable offences.
• Bailable offence can be defined as an offence in which bail is a matter of right.
• According to section 2(a), a bailable offence is an offence which has been shown as
bailable in the First Schedule of the Code of Criminal Procedure.
• These are the offences which are punishable with imprisonment below three years.
• They are non-grave and of less-serious nature.
• Examples: Bribery, cheating, forgery, death by rash or negligent act, public nuisance, etc.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Non-Bailable Offence
• According to section 2(a) of the Code of Criminal Procedure, non-bailable offences are
the other offences which are shown as non-bailable in the First Schedule of CrPC.
• In non-bailable offences, bail is not a matter of right, but it is the court’s discretion. Only
Judicial Magistrate can grant bail.
• These are the offences which are punishable with imprisonment above three years.
• They are graver and more heinous in nature.
• Examples: Murder, rape, theft, robbery, criminal breach of trust, causing
miscarriage without a woman’s consent, etc.

The bail bond is a kind of surety bond ensured by a company through a bail bondsman or bail
agent who secures the release of a person (defendant) from jail. Typically there are two kinds of
bail bonds:
• Civil bail bond: This type of bail bond ( to study the difference between bail and bond) is
used in civil cases that guarantee payment of the debt in addition to costs and interest,
assessed against the defendant.
• Criminal bail bond: Whereas this type ( to study the difference between bail and bond) is
facilitated in criminal cases guaranteeing that the defendant appears trial called by the court.
Also, the payment for penalties or fines is ensured decided against the person.

Cognizable and Non-Cognizable Offences

Cognizable Offence
• Cognizable offences are of serious nature. The definition of cognizable offence is provided
under section 2(c) of the Code of Criminal Procedure.
• Cognizable offences are offences in which a police officer can arrest a person without a
warrant. Or these are the offences which have been shown as cognizable offences under the
First Schedule of CrPC.
• These offences are punishable by three years imprisonment or more.
• Under such an offence, police are under a legal duty to investigate without permission from
the Magistrate.
• Examples: Murder, rape, dowry death, waging war against the state.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Non-Cognizable Offence
• Non-cognizable offences are less serious in nature. The definition of non-cognizable
offence is provided under section 2(l) of the Code of Criminal Procedure.
• Non-cognizable offences are offences in which a police officer cannot arrest a person
without a warrant or offences which are shown as non-cognizable offences under the First
Schedule of CrPC.
• These offences are punishable with imprisonment of less than three years or with a fine.
• Under non-cognizable offences, the police have neither the duty nor the power to
investigate such offences without the permission of the Magistrate.
• Examples: Voluntarily causing hurt, cheating, mischief, forgery, etc.

Compoundable and Non-Compoundable Offences

Compoundable Offence
• Compoundable offences are those where the victim and accused resolve their dispute
through a settlement or compromise.
• Under a compoundable offence, the victim or the complainant (who filed the case) may
enter into a settlement for a compromise and can drop the charges made against the
accused.
• Section 320 of CrPC deals with compoundable offences.
• For such compromises, sometimes even court permission is required. For example, if an
offence of theft takes place, then both the parties, that is, the complainant and the
accused, need to take prior permission to compromise. Whereas under section 138 of
the Negotiable Instrument Act, no prior permission from the court is required.
• Therefore, it can be said that offences that are less serious in nature can be settled or
compromised.
• Other offences where court permission is not required:
o Defamation
o Criminal Trespass
o Adultery
o Causing hurt

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

• Offences where court permission is required:

o Criminal breach of trust
o Voluntarily causing grievous hurt
o Dishonest misappropriation of property
o Assault on a woman with the intention to outrage her modesty

Non-Compoundable Offence
• Non-Compoundable offences are more serious in nature.
• These are those offences where the victim and the accused cannot resolve their dispute by
a settlement or a compromise.
• Such an offence can only be quashed by an order of the court because the gravity or the
heinousness of the offence is very high from compoundable offence, and the accused
cannot be allowed to run away from punishment.
• Other offences which are not mentioned under section 320 of the Code of Criminal
Procedure are classified as non-compoundable offences.

5. The concept and component of Fair Trial and its importance

A fair trial is an open trial by an impartial judge in which all parties are treated equally. The right
to fair trial is one of the fundamental guarantee of human rights and rule of law, aimed at
ensuring administration of justice.
Fair, just and reasonable procedure implicit in article 21 of the constitution creates a right in the
accused to be tried speedily. Right to speedy trial is the right of the accused.
Principles of fair trial: the following are the principles of fair trial:-
i) Adversary trial system :
ii) Presumption of innocence
iii) Independent, Impartial and Competent judge:
iv) Knowledge of accusation:
v) Right to open trial
vi) Right to free legal aid
viii) The trial in presence of accused
ix) Evidence to be taken in presence of accused

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

x) Protection against illegal arrest

xi) Right to bail
xii) Prohibition on double jeopardy
xiii) Right against self-incrimination

Adversary trial system :

Meaning - an adversary system resolves disputes by presenting conflicting views of fact and law
to an impartial and relatively passive arbiter, who decides which side wins what.
Presumption of innocence
Under this principle each and every accused is presumed to be innocent unless proved guilty of a
crime beyond reasonable doubts. The burden of proving the accused guilty is on the prosecution.
Presumption of innocence is taken into consideration throughout the criminal trial.
Independent, Impartial and Competent judge:
The independence of judiciary means that the judiciary is not interfered by the government of
India or any political party.
The independence of the judiciary is ensured by separating the three organs of the government
i.e. legislature, executive and the judiciary.
Competency of a judge refers to the territorial and pecuniary jurisdiction of a judge.

Right to free legal aid

Article 39A has also been introduced by the 42nd Amendment in 1976 in Indian Constitution to
provide free legal aid to the persons who cannot afford a lawyer for his defence.
Sections 303 and 304 of Cr.PC also provide for the right to legal aid through a counsel to every
accused.
The trial in presence of accused
One of the principles of a fair trial is that the criminal courts shall not proceed ex parte against
the accused person. All the proceedings of a criminal trial should be conducted in the presence of
the accused.
Evidence to be taken in presence of accused
Sec-273 of Cr.PC provides that all evidence to be taken in the presence of the accused or his
pleader when he is represented by one.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Protection against illegal arrest

No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such procedure as are established by law.
Article 22 of the Constitution and criminal law guarantee to every arrested person the right to
defend by a lawyer.
The article provides that it is the right of the arrested person to be presented before the
Magistrate within 24 hours of arrest.
Right to bail
Bail means to release an accused person. Bail as a matter of right means that an accused person
has got the right to get bail if he has committed a bailable offence.
Prohibition on double jeopardy
The prohibition against jeopardy is also a Constitutional right recognized under Article 20(2). It
provides that no person shall be prosecuted and punished for the same offence more than once.

Right against self-incrimination

The right against self-incrimination includes the right to refuse to take the witness stand and the
right to refuse to answer an incriminatory question.
According to this Constitutional right, individuals have the privilege against self-incrimination.
They can refuse to answer questions, refuse to make potentially incriminating statements, or
refuse to testify at a trial in any criminal case.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Unit-II: Pre-Trial Process-I

1. First Information Report (Ss. 154-155)
2. Investigation by the police (Ss. 156-176)
3. Summons and Warrant (S.61- 81)
4. Proclamation, attachments and other rules ( S. 82- 90)
5. Search and seizure (Ss. 91-105)

Broad Question
1. Write a detailed note on "Information in cognizable cases (F.I.R)". Explain in detail its
2. significance and evidentiary value.
3. When police may arrest without warrant? Explain in detail the procedure of arrest. What
4. are the duties of officer making arrest?
5. What is mean by "arrest"? What are the rights of arrested person?
6. Explain in detail process under the CR.P.C. to compel the appearance of accused before
court
7. Explain in detail the procedure under the code to compel the production of things.
8. What is complaint to magistrate? Distinguish between complaint and FIR

Short notes
1. Plea Bargaining
2. Compounding of offences
3. Summary Trials.
4. Tender of pardon to accomplice.
5. Compounding of offences.
1. First Information Report (Ss. 154-155)
The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC),
1973, or in any other law.
First Information Report (FIR) is a written document prepared by the police when they receive
information about the commission of a cognizable offence.
It is a report of information that reaches the police first in point of time and that is why it is
called the First Information Report.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

There are three important elements of an FIR:

o The information must relate to the commission of a cognizable offence,
o It should be given in writing or orally to the head of the police station,
o It must be written down and signed by the informant, and its key points should be
recorded in a daily diary.

Zero FIR
When a police station receives a complaint regarding an alleged offence that has been
committed in the jurisdiction of another police station, it registers an FIR, and then transfers it
to the concerned police station for further investigation.
This is called a Zero FIR.

2. Investigation by the police (Ss. 156-176)

Chapter XII (Sections 154 to 176) of the Code deals with information to police and their powers
to investigate.

Meaning and Definition

The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure,
Investigation includes all the proceedings under this Code for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf.
The investigation of an offence consists of:
1. Proceeding to the spot.
2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
o Examination of persons concerned and reducing their statement to writing.
o Search and seizure of places and things respectively considered necessary.
5. Formation of opinion as to whether there is a case for trial, and taking necessary steps
accordingly.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Cognizable and Non-Cognizable Offence

The cognizable offence has been defined in Section 2(C) of the Code, wherein a Police officer
can arrest without warrant. Punishment is given with imprisonment of 3 years or more and with
or without fine. Example – Dowry, Rape, Murder, etc.

Non -Cognizable offence and case have been defined in Section 2 (l) of the Code, wherein the
police cannot arrest without warrant. Punishment may be given not exceeding 3 years of
imprisonment. Example – Assault, Forgery, Defamation, etc.

Comparison Chart

BASIS FOR
COGNIZABLE OFFENCE NON-COGNIZABLE OFFENCE
COMPARISON

Meaning Cognizable offence is one in Non-cognizable offences refers to the

which the police is authorized to offences in which the police has no
take cognizance of the crime at authority to apprehend a person for
its own. crime on its own.

Arrest Without warrant Requires warrant

Approval of Court Not required to begin Prior approval of court is required to

investigation. begin investigation.

Offence Heinous Comparatively less heinous

Includes Murder, rape, theft, kidnapping, Forgery, cheating, assault, defamation

etc. etc.

Petition FIR and complaint Complaint only.

Information to the Police and Their Powers to Investigate

Police Officer is a warranted law employee of the Police Force and Investigation is the act of
inquiring about something or someone.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

It deals with their powers related to Cognizable and Non-Cognizable offenses, Examination of
Witness, Medical Examination, Search, Enquiry and report on suicide, etc. These powers are
intrinsic and not given to them to intrude or encroach by any means.
Police officers are given different powers to investigate the crime.
Sections 154-176 of CrPC explain about the Investigation procedure and under which particular
sections police can investigate the crime. This research paper will be dealing with those sections.
The paper will be dealing with all the steps taken by police in the investigation and what is the
importance of those steps.

Section 154- Information in Cognizable Cases

Any information given to the police officer in charge of the police station in the case of a
Cognizable Offence, is written by him or under his direction in the FIR Register.
The information given can be oral or written, and shall be signed by the person giving it.
A copy of that information is given to the informant free of cost.
This information can be given to the nearest police station. It's not necessary that we can only
give this information to the police station under which the crime has been committed.
The police will have to note the information no matter under which police station the crime has
been committed.

This type of FIR is called Zero F.I.R.

The police notes the information and sends it to the police station of that area.
• The section also provides that if the crime has been committed against a woman then
such information shall be recorded by a woman police officer or any woman officer. And
if the victim is temporarily or permanently mentally or physically disabled then the
information shall be recorded by the police officer at a convenient place for the victim as
their choice. An interpreter or a special educator is also present.
• When the information is given by a woman against whom any of the offences under
Sections 326-A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged
to have been committed or attempted, such statement shall be recorded by a woman
police officer.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

• That information should be video-graphed.

• Any person who was resented by the refusal of police officer from lodging the FIR may
send this information in writing and by post to the Superintendent of Police and if he is
satisfied that the information discloses the case as cognizable offence, he shall investigate
the case himself or he would delegate any police officer subordinate to investigate the
case. And such officer shall have all the powers of an officer in charge of the police
station in relation to that offence.

Section 155- Information as to Non-Cognizable Cases and investigation of such cases

If the information given to the police is related to a Non-Cognizable offence then the information
is written in the NCR (Non-Cognizable Report) Register, and the informant is referred to the
magistrate.

A copy is given free of cost to the informant.

• The police cannot start the investigation without the permission of the Magistrate
• The police will exercise same powers as they should in the investigation of a cognizable
offence, except to arrest without a warrant.
• If the case has two or more offences in which at least one is cognizable, then it will be
treated as a cognizable case despite other offences being non-cognizable.
Section-156 Police Officer's powers to investigate cognizable case
Section 156 of the code empowers the officer in charge of a police station to investigate a case in
his territorial jurisdiction without the order of the Magistrate if the offence is cognizable in
nature.
The police can also investigate the case without any formal FIR in case of a cognizable offence.
Even if the offence is committed outside the local limit of the police station, the police officer
can investigate it.
• An Executive Magistrate cannot give order to the police officer to investigate.
If the police officer is investigating a case, then the magistrate cannot give orders to stop
the investigation. And if the officer is not investigating then the magistrate can give
orders to start the investigation.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Any proceeding done by the police officer cannot be questioned at any stage on the ground that
the police officer is not empowered to investigate in such case.
Any Magistrate empowered under section 190, can give order to start the investigation without
taking cognizance of the offence.

Case Law: Sakiri Vasu vs State of UP And Others It was observed in this case that even if
FIR has been registered and the police has made the investigation or still making the
investigation, to which the aggrieved person is not satisfied, then he can approach the Magistrate
under Section 156(3) and if the Magistrate is satisfied then he can order a proper investigation
and take other suitable steps which he thinks is necessary for ensuring a proper investigation.

Section 157- Procedure for investigation Section 157 of the Code lays down the procedure of
investigation to be followed by the police, for collection of evidence.
The investigation of a cognizable case begins when a police officer in charge of a police station
has reason to suspect the commission of a cognizable offence on the basis of FIR or any other
information so received.
It requires that prompt intimation of the FIR be sent to the Magistrate. The officer shall then
proceed in person to the spot for investigation of facts and circumstances, or shall depute one of
his subordinate officers for the same, and if required, measures for the discovery and arrest of the
person shall be taken.
When the officer in charge has reason to believe that he has no sufficient grounds for entering in
on an investigation the he shall not investigate the case. And shall state in its report for not
complying with the requirements of this section, and notify the informant that he will not
investigate the case or cause it to be investigated.

Section 158- Report how submitted

• Every report under Section 157 shall be sent to the Magistrate by a Superior Police
officer appointed by the State Government.
• A report is sent to the Magistrate which is called the police report.
• The report should be sent to the Magistrate without any delay.
Before forwarding the report to the Magistrate, such Superior Officer may give any

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

instructions to the officer in charge regarding the investigation of the case as he thinks fit.
And after such instructions has been recorded in the report, the superior officer may
transit the report same day without any delay to the Magistrate.
The main objective of sending a report is to enable the Magistrate to control the investigation and
give directions if required under Section 159 of the Code.

Section 159- Power to hold investigation or preliminary inquiry

After receiving such report, the magistrate may direct an investigation or give orders to any
magistrate subordinate as he thinks fit to proceed the investigation, to hold a preliminary inquiry
into the case as provided in the code.

Section 160- Police officer's power to require attendance of witnesses

The police officer making the investigation is empowered under Section 160 to require the
attendance of any person as a witness who is acquainted with the facts and circumstances of the
case.
1. Any police officer making an investigation, may order in writing to require the
attendance of the witness before himself being within the limits of his own or any
adjoining station who is acquainted with the facts and circumstances of the case.
Provided that, if the witness is under the age of 15 or more than 56 years or a woman or a
mentally or physically disabled person, then such witness is required to attend the place
where they reside.
If there is a witness without the conditions mentioned above, he is required to attend at
any place as the police officer ordered.
2. The State Government may provide for the payment by the police officer of the
reasonable expenses of every person attending under sub section (1) at any place other
than his residence.

Section 161-Examination of witnesses by police

Any police officer or investigating officer may examine the witness orally who is acquainted
with the facts and circumstances of the case.
The witness is bound to answer every question asked by the officer, other than the questions

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

which may expose him to a criminal charge or to a penalty or forfeiture. The police may reduce
the statement in writing taken in the examination and make a separate true record of the
statement of each witness he examines.

Provided that the statement may also be recorded through audio-video electronic means.

Section 162-Statements to police not to be signed- Use of statements in evidence

Any Statement made by the witness, which is reduced in writing by the police officer shall not be
signed by the witness. And such statement, or any record in the police diary, or part of such
statement or record cannot be used for any purpose in the inquiry or trial of the offence under
investigation at the time when the statement was made.

The statements made by the witness can be used in the court only to contradict him, and not
corroborate him.
Such statement can only be used to cross examine the witness as provided by section 145 of the
Indian Evidence Act, 1872, section 27 of the Indian Evidence Act and clause (1) of section 32 of
that act.
The accused can use such statement as evidence under above mentioned sections of the Indian
Evidence Act, with the permission of the court, and the prosecution may use the statement when
it is sufficiently proved.

Section 163- No inducement to be offered

No police officer or any other person in authority can induce the witness to give statement by
threatening or promising him as mentioned in section 24 of the Indian Evidence Act.
But if the witness wants to give any statement on their own will, then no police officer can
prevent him from making the statement.

Section 164-Recording of confessions and statement

Any confession or statement can be recorded by any Metropolitan Magistrate or Judicial
Magistrate whether or not they has jurisdiction in the case.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

The confession can be recorded during the investigation or afterwards before the commencement
of the inquiry or trial

The word 'Confession' has neither been defined in Cr.P.C. nor the Indian Evidence Act. But there
provisions in the Indian Evidence Act from section 24-30 related to Confession.
The confession can be recorded through audio-video electronic means in the presence of the
accused person's advocate.
Section 164A- Medical examination of the victim of rape
When the offence of committing rape or attempt to commit rape is under investigation, it is
proposed that the woman who is a rape victim or with whom attempt of rape has been committed
should be examined by a medical practitioner employed in the government hospital or local
authority. And in absence of such practitioner by any other registered medical practitioner. The
examination should be done with the consent of the victim, or any person who is competent to
give the consent on her behalf. And she shall be sent to the practitioner within twenty-four hours
from the time of receiving the information of commission of such offence.

When the woman is sent to the registered medical practitioner, he shall examine her person
without any delay and also prepare a report of his examination of the following particulars:
1. The name and address of the woman and of the person by whom she was brought
2. The age of the woman
3. The description of material taken from the person of the woman for DNA profiling
4. Marks or injury, if any, on the person of the woman
5. General mental condition of the woman, and
6. Other material particulars in reasonable details.
The report should also give reasons for each conclusion of every examination.
The report should also include the consent given by the woman or by someone who is competent
to give the consent on behalf of the victim.
And also include the time of the commencement and completion of the medical examination.

The registered medical practitioner shall forward the report to the investigating officer without
any delay and the investigating officer shall send it to the Magistrate.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

If the medical examination is done without the consent of the victim then it will be considered as
Illegal.

Section 165-Search by police officer

If the investigating officer has reasonable grounds to believe that anything necessary for the
purpose of investigation of the case he is assigned to may be found in any place within the limits
of the police station if which he is in charge, and such thing should be obtained without any
delay, then the officer should write and specify his reasons of belief in the record and also the
thing for which search should be made.

The police officer shall do the search by himself and if he is unable to do so and there is not any
other person competent to do the search, then he can write his reasons and require any
subordinate officer to do the search. And also specify the place to be searched.

The object of the search is that if there is any object that is necessary for the case and the
investigation, and if the object is not found then it will be difficult to solve or understand the
case.
The general provisions in section 100 of Cr.P.C. may apply to the search being made in this
section.
Copies of the record shall be sent to the nearest Magistrate who is empowered to take cognizance
of the case and to the owner free of cost.
Section 166-When officer in charge of police station may require another to issue search
warrant
In this section, the officer in charge of the police station or the police officer who is doing the
investigation and who is not below the rank of sub-inspector can require an officer in charge of
any other police station or even any other district to make the search within the limits of his own
station.
Such officer will have to follow the provisions in section 165 relating to the search and
forwarding the object found to the officer who made the search request.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

If the officer in charge has a reason to believe that delay in search might result in concealment or
destruction of the evidence, then that officer in charge may proceed the officer who was required
for the search and that officer in charge may do the search as if that place were within the limits
of his own police station.

The officer in charge who's making the search in another officer's local limits shall send him a
notice of the search before proceeding.
And shall also give a notice to the owner of the place that's going to be searched.

Section 167-Procedure when the investigation cannot be completed in twenty-four hours

Section 167 deals with the procedure when investigation cannot be completed within 24 hours.

The object is to protect the accused from atrocities of the police and to give the opportunity to
the Magistrate to decide the question of further custody, to facilitate the investigation, and no
detention without trial. For this purpose, it has been provided that the accused or arrested person
cannot be detained for more than 24 hours. Section 167 is attracted in the following
circumstances:
1. When the accused is arrested without a warrant and is detained by the police officer in
his custody.
2. More than 24 hours needed for an investigation.
3. There are grounds to believe that accusation or information against him is well-
founded.
4. The officer in charge of a police station or the investigating officer not below the rank
of sub-inspector forwards the accused for remand before the Magistrate.
The judicial Magistrate to whom the accused is so forwarded may authorize the detention of such
person in such custody for a term not exceeding 15 days.
The Magistrate shall authorize the detention of the accused (but not in police custody) if he has
reasons and grounds to believe the necessity of doing so. But in any situation, the Magistrate
cannot order detention for a period exceeding:
1. 90 days, when the person is accused of an offence punishable with imprisonment for a
period not less than 10 years of imprisonment for life or death.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

2. 60 days, when accused of any other offence. And on the expiry of the period of 60
days or 90 days, whatever the case may be, he shall be released on bail if he is able to
furnish sureties.
This period is to be calculated from the date of detention and not from the date of arrest.

Section 168-Report of investigation by subordinate police officer

If any subordinate police officer makes the investigation then he has to report the result of
investigation to the officer in charge of the police station.
Procedure to be followed on completion of Investigation (s.169-s.173)

Section 169- Released of accused when evidence deficient

Under this section, if the officer in charge finds no sufficient evidence or reasonable ground of
suspicion to forward the accused to the Magistrate then such accused person shall be released
from the custody on his executing bonds1 with or without sureties, and may direct him to appear
before the magistrate when required.
Section 170-Cases to be sent to Magistrate when evidence is sufficient
If it appears to the officer in charge of the police station that there is sufficient evidence or
reasonable grounds against the accused, the he shall forward the accused to the Magistrate to
take cognizance on the case upon a police report and to try the accused or commit him for trial.

Section 171-Complainant and witnesses not to be required to accompany police officer and
not to be subject to restraint
If any complainant or witness is on their way to court to secure their presence then they aren't
required to follow any police officer and the police officer may also not force the witness without
any valid reason.
In case of the complainant or witness refuses to attend or to execute the bond then he will be
forwarded to the Magistrate and will be kept in custody until he executes such bond or until the
hearing of the case is completed.

1
A bail bond is written document signed by an accused person and his friends or families (known as surety), to
ensure that the accused will appear before the court at the scheduled time and date, as ordered by the court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Section 172-Diary of proceedings in investigation

Every police officer who is making the investigating shall enter all the information and
proceedings regarding the investigation in a diary, and it should also include the time at which he
began and closed the investigation, the places he visited, statement of the circumstances
ascertained through his investigation and statements of witnesses recorded during the
investigation.
The case diary cannot be used as evidence but can be used to get any information regarding the
case in trials. Neither accused nor the prosecution can use the case diary as evidence. But if the
police officer uses the case diary to refresh his memory then it will be done under section 161 of
the Indian Evidence Act.
Section 173-Report of police officer on completion of investigation
Every investigation taking place under this chapter shall be completed without unnecessary
delay.
Final report of a police officer after the completion of the investigation is to be sent to the
Magistrate under Section 173. This report is generally called a “Chargesheet” or “Challan”.

This concept is 'Speedy Justice'.

As soon as the investigation is completed, the charge sheet shall be sent to the magistrate who is
empowered to take cognizance of the case, by the police officer.

If there is a superior officer appointed for the investigation then he shall forward the report to the
magistrate.
Superior police officer is given the power to give orders regarding further investigation pending
the orders of magistrate.

Magistrate can give order to investigation even without taking cognizance of the case when the
police officer is not investigating the case appropriately. (Under section 156(3))
If it appears to the magistrate that the accused is released on bond and he shall be again taken in
custody then the magistrate can give order to discharge the bond or any other instruction as he
finds appropriate.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

With the report that is being forwarded to the magistrate, there are some other documents which
also must be forwarded by the investigating officer.
Including the documents or relevant extracts which are related to section 170.
Also the statements of witnesses recorded under 161.

If it appears to the police officer that there are some documents which aren't necessary or
relevant to be given to the accused the he shall append a note requesting the magistrate to
exclude all that part and also should state the reasons.

If the report has already been forwarded to the magistrate but then the officer in charge obtains
more evidence, oral or documentary, then he shall forward this to the magistrate and
investigation can be done again regarding the same case.

Section 174-Police to inquire and report in suicide, etc.

If officer in charge of the police station or some other police officer who is empowered by the
state government gets any information that a person has committed suicide, or has been killed by
another or by an animal or by machinery or by accident or has died under some circumstances
that raise suspicion that some other person has committed the offence, then he shall proceed with
the investigation but before he shall inform nearest executive magistrate for the investigation.

He shall proceed to the place where the body of deceased person is and will make the
investigation in the presence of two or more neighbourhood inhabitants. And draw up a report of
the apparent cause of death. Such as in what manner the person died, or by what weapon and
search for any marks.

After the investigation such report shall be forwarded to the district magistrate or the sub-
divisional magistrate.
Section 175-Power to summon persons
If the police officer thinks that there is a person who can give a statement regarding the
investigation in section 174, then such person shall get a summon order by the police officer and
he will be required in court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Section 176-Inquiry by Magistrate into cause of death

In the case of unnatural death, the magistrate also has the power to do inquiry in the case of
section 174.

In the case where any person dies or disappears or rape is alleged to have been committed on any
woman, while such person or woman is in the custody of police or any other custody, with this
the judicial magistrate and the metropolitan magistrate are given power to do inquiry if they have
the jurisdiction of that case.

All the evidence obtained in the inquiry shall be recorded by the magistrate.

During the investigation, if the magistrate or the investigating officer considers that examination
of the deceased person is necessary, and it may discover the reason of his death, then the
magistrate may cause the body to be examined.
The magistrate shall inform the relatives of the deceased person during the inquiry.

If the case is related to disappearance, death or rape then the judicial magistrate or executive
magistrate or the metropolitan magistrate considers that the dead body should be examined to
find the cause of death, then the dead body will be examined by the qualified medical examiner
or nearest civil surgeon. And if the magistrate considers that it is not necessary then they will not
do the examination.

3. Summons and Warrant (S.61- 81)

There are 6 ways to compel a person to appear in court-
• Summon, (A-chapter VI: CrPC)
• Warrant,(B-chapter VI: CrPC)
• Warrant in lieu of summon, (D-chapter VI: CrPC)
• Proclamation of an absconder, (C-chapter VI: CrPC)
• Attachment of his property, and, (C-chapter VI: CrPC)

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

• Bond, with or without sureties to appear before a court on a certain date., (D-chapter VI:
CrPC)

Chapter VI of the Code of Criminal Procedure deals with the processes to compel appearance of
the accused or witness in the court. The Court can compel the person to be present in the Court
using summons, warrant of arrest, or proclamation and attachment.
Process is defined as any means which is used by court to compel appearance of a defendant
before it. The different modes to compel appearance of a person in Court are by issuing:
• Summons
• Warrant of Arrest
• Proclamation and Attachment

Summons (Sections 61 – 69)

Meaning - Summons is a legal document issued from the office of the court of Justice calling
upon the person to whom it is directed to attend before a Judge or officer of court at a specified
time for a certain purpose. It is a milder form of process.

Section 61:- Form of Summons:

Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the
presiding officer of such Court or by such other officer as the High Court may, from time to
time, by rule direct, and shall bear the seal of the Court.

The essentials of summons, issued by the court under Section 61 of The Code of Criminal
Procedure, are:
• It must be in writing;
• It must be in duplicate form;
• It must be signed and sealed by the presiding officer of the court or such other officer
authorized by the High Court;
• It must mention the time and place of the rule directed; and
• it must bear the seal of the court.
The forms of the summons to an accused person is given in Schedule II Form No. 1 of the Code.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

FORM NO.1
SUMMONS TO AN ACCUSED PERSON
(See section 61)

To (name of accused) of (address) WHEREAS your attendance is necessary to answer to a

charge of (state shortly the offence charged), you are hereby required to appear in person
(or by pleader, as the case may be) before the (Magistrate) of (Name of the Court) on the
day (Date) of (Month) (Year)

Herein fail not.

Dated, this day (Date) of, (Month) (Year)

(Seal of the Court) (Signature)

Methods of Serving Summons:

1. By personal service under Section 62
2. By service on corporate bodies and societies under Section 63
3. By extended service when a person summoned cannot be found under Section 64
4. By Service on Government servant under Section 66
5. By Service of summons outside local limits under Section 67
Section 62: By personal service
Who can serve the summons-
• a police officer, or
• by an officer of the Court issuing it, or
• other public servant.

Section 63: Service of Summons on Corporate Bodies and Societies:

In this section” corporation” means an incorporated company or other body corporate and
includes a society registered under the Societies Registration Act, 1860.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

To whom such summons can be served-

• secretary,
• local manager or
• other principal officer of the corporation,
Section 64: Service When Persons Summoned Cannot be Found:
The personal service under Section 62 of the Code is the best service. But if irrespective of
proper and sincere efforts, the serving officer failed to deliver the summons to the person
summoned personally then under Section 64 of the Code, it can be delivered to some other
member of the family, who is satisfying following conditions-
• He is adult (Age more than 18 years)
• He is a male
• He is not insane or intoxicated
• He should be residing with the person summoned.
A duplicate copy of the summons should be left with the person receiving it.
Explanation clearly mentions that a servant is not a member of the family within the meaning of
this section.
Section 65: Procedure when service cannot be effected as before provided:
To serve summons under Section 65, the police officer should justify that he had taken proper
efforts to serve it as prescribed in Section 62 and then Under 64 and failed to serve.
The use of Section 64 can be effected only if the serving officer is unable to serve under Section
62 and 64.
Under Section 65 of the Code, the serving officer shall affix one of the duplicates of the
summons to some conspicuous part of the house or homestead where the person summoned
resides ordinarily.
Section 66: Service on Government servant:
When a Government Servant is to be summoned and is in active service of the Government, then
the summons in duplicate shall ordinarily be sent to the Head of the office in which such person
is employed.
The head of the office is bound to serve it to such person.
And after obtaining signature on the back of the duplicate from such person, he has to return the
signed copy with endorsement to the Court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Section 67: Service of summons outside local limits:

When a Court wants to summon someone beyond its local jurisdiction then the Court should
send such summons in duplicate a Magistrate under whose jurisdiction the person resides.
The Magistrate under whose jurisdiction the person resides issue it to concerned police officer to
serve it.
Section 68: Proof of service in such cases and when serving officer not present:
Sometimes the jurisdiction in which the person resides lies very much away from the jurisdiction
of the Court who has issued summons, that the serving officer of the jurisdiction in which the
person resides is unable to attend the trials.
In such a case he can make an affidavit saying that he has served the summons in the manner
provided by section 62 or section 64 of the Code.
This affidavit with duplicate signed copy of the summons shall be considered as admissible in
evidence, and the statements made therein shall be deemed to be correct unless and until the
contrary is proved.
Section 69: Service of summons on witness by post:
The Summons to witness can be served by post.
It can also be served through registered post.
When postman is delivering it to such person and he refused to accept it and the postman put a
remark on it that the receiver refused to accept, then it is considered as evidence and the issuing
Court may declare that the summons is duly served.

Warrant
WARRANT OF ARREST (Section 70- 81)
The second method of securing attendance of a person is by means of a warrant of arrest.
The warrant is an order addressed to a certain person directing him to:
• arrest the accused and
• produce him before the court.
In order to arrest and detain an accused, a warrant is issued by a court.
In general, a warrant is an order that serves as a specific type of authorisation issued by a Court
or Magistrate directed to the police or any other authority to enable them to arrest, search a
premise etc.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Whenever a person fails to appear before the court on the said date after the issue of summons,
he may be issued a warrant of arrest directly.
Unless and until the court which issues such warrant cancels it or unless the warrant has been
executed the warrant of arrest shall remain in force.
If the accused seem to be avoiding the summons, the court, in the second instance issues a
bailable warrant. In the third instance, when the court is fully satisfied that the accused is
avoiding the court's proceeding intentionally, the process of issuance of the non-bailable warrant.
A Police Officer may execute a Warrant by arresting and producing the person or representatives
of the entity before the Court.
A warrant is a written document issued by the court to compel the appearance or arrest of
any person or search any place that the court requires.
The warrant of arrest has been dealt with under section 70 to 81 in the Criminal Procedure Code.
SECTION 70: FORM ON WARRANT OF ARREST AND DURATION
Section 70- The essential requirements of a valid warrant are:
• The warrant should be in a prescribed form and in writing.
• It should include the name and designation of the person who is executing it.
• It must provide the full name and description of the person to be arrested.
• It must include the offences that are charged against the person to whom the warrant is
issued.
• It must be sealed.
• It must be signed by the officer of the court.

FORM NO. 2
WARRANT OF ARREST

To… ... (name and designation of the person or persons who is or are to execute the warrant).
WHEREAS (name of accused) of…... (address) stands charged with the offence of……………..
. (state the offence), you are hereby directed to arrest the said… ........ produce him before me.
Herein fail not.
Dated, this. …....... day of....... 20..
(Seal of the Court). (Signature)

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

SECTION 71: POWER TO DIRECT SECURITY TO BE TAKEN

Any Court issuing a warrant for the arrest of any person may in its discretion direct by
endorsement on the warrant that, if such person executes a bond with sufficient sureties for his
attendance before the Court at a specified time and thereafter until otherwise directed by the
Court the officer to whom the warrant is directed shall take such security and shall release such
person from custody.
Sec. 71 (1) Ingredients
• Any Court issuing a warrant of arrest of any person,
• may endorse directions on warrant,
• regarding release of such person.
SITUATION
• Such person executes:
• a bond, and
• sufficient securities-
• for attendance,
• before the Court and
• at a specified time.
CONSEQUENCE
The officer to whom warrant is directed shall:
• take such security and
• release, him from custody.

Sec. 71 (2) the endorsement shall state-

(a)the number of sureties,
(b) the amount, in which they and such person are to be respectively bound,
(c)the time at which he is to attend before the Court.
Sec. 71 (3) The officer (to whom, warrant is directed) shall forward the bond to the Court.

SECTION 72: WARRANTS TO WHOM DIRECTED

Ordinarily, warrant of arrest is directed to one or more police officers.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

But the Court issuing such a warrant may,

• if its immediate execution is necessary and
• no police officer is immediately available,
direct it to any other person or persons, and such person or persons shall execute the same.
SECTION 73: WARRANT MAY BE DIRECTED TO ANY PERSON
(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any
person within his local jurisdiction-
• for the arrest of any escaped convict,
• proclaimed offender or
• of any person
who is accused of a non-bailable offence and is evading arrest.
(2) Such person –
• shall acknowledge in writing the receipt of the warrant, and
• shall execute it
if the person for whose arrest it was issued, is in, or enters on, any land or other property
under his charge.
(3) Person, against whom such warrant is issued, is arrested.
Such person, shall be:
• made over, with warrant,
• to the nearest police officer, who shall take him before a Magistrate, having jurisdiction
in the case.

74. Warrant directed to police officer.

A warrant directed to any police officer may also be executed by any other police officer whose
name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
75. Notification of substance of warrant.
The police officer or other person executing a warrant of arrest shall notify the substance thereof
to the person to be arrested, and, if so required, shall show him the warrant.
• The police officer or other person shall:
• notify the substance, thereof to person to be arrested, and
• show him the warrant, if so, required.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

76. Person arrested to be brought before Court without delay.

The police officer or other person executing a warrant of arrest shall (subject to the provisions of
section 71 as to security) without unnecessary delay bring the person arrested before the Court
before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrate’s Court.
77. Where warrant may be executed.
A warrant of arrest may be executed at any place in India.
78. Warrant forwarded for execution outside jurisdiction.
(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it,
• Such Court may;
• instead of, directing the warrant to the police officer, within it’s jurisdiction,
• forward it, to Executive Magistrate, or District Superintendent of police, or
Commissioner of Police:
• within local limits of whose jurisdiction it is to be executed,
• shall endorse his name, thereon cause it to be in manner, hereinbefore, if
practicable.
(2) The Court issuing warrant under section 78(1), shall forward:
• the warrant,
• substance of the information against the person to be arrest, and
• such documents (if any):
• may be enable the Court acting under section 81,
• to decide whether bail, should be granted or not.
SECTION 79: WARRANT DIRECTED TO POLICE OF
(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of
the Court issuing the same,
• Such police officer,
• shall take, such warrant,
• for endorsement to:
• an Executive Magistrate, or
• the police officer, not below the rank of an officer in- charge of police station:

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

• within local limits,

• of jurisdiction, where warrant is to be executed.
(2)Such Magistrate or police officer,
• shall endorse his name thereon,
• which shall be sufficient authority, to the police officer, who is:
• to execute the directed warrant and
• to take assistance of local police, to execute such warrant (if required).
(3)SITUATION:
• With reason to believe that occasion got delayed,
• by obtaining, endorsement of Magistrate or police officer, within whose local
jurisdiction, warrant is to be executed,
• will prevent such executive.
CONSEQUENCE:
• Police officer (to whom, warrant is directed), may execute it:
• without, such endorsement in any place,
• beyond, local jurisdiction, of the Court, issued it.
SECTION 80: PROCEDURE ON ARREST OF PERSON AGAINST WHOM WARRANT
ISSUED
• A warrant of arrest is executed outside the district in which it was issued.
CONSEQUENCE:
• Arrested person shall be taken before:
• Executive Magistrate or District Superintendent of Police or Commissioner,
• of police, within local limits of whose, jurisdiction arrest was made.
UNLESS
• The Court, issuing warrant:
• is within 30 kilometers, of the place of arrest or
• nearer than the Executive Magistrate or District Superintendent of Police or
Commissioner of police, within local limits whose jurisdiction arrest is made or
• security is taken under section 71.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

81. Procedure by Magistrate before whom such person arrested is brought.

The person arrested appears to be the person intended by the Court, issued the warrant.
CONSEQUENCE:
• The Executive Magistrate or District Superintendent of Police or Commissioner of
Police,
• shall direct his removal in custody to such Court.
PROVIDED
In order to release such person on bail, according to offences:
BAILABLE OFFENCE-
• Either such person is ready and willing to give bail to satisfaction of:
• Executive Magistrate or
• District Superintendent of Police or
• Commissioner of Police or
• direction has been endorsed under section 71 on the warrant and
• such person is ready and willing to give the security,
• required by such direction of Executive Magistrate or District Superintendent of Police or
Commissioner of Police shall:
• take such bail of security as the case may be, and
• forward bond to the Court (issued warrant).
NON- BAILABLE OFFENCE
• It shall be lawful for:
• Chief Judicial Magistrate under section 437 or
• Sessions Judge,
• of district, in which arrest is made,
• to consider information and document,
• to release such person on bail.
(2) Nothing under this section prevents police officer from taking security under section 71.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

4. Proclamation, attachments and other rules ( S. 82- 90)

Where the summons for the attendance of the accused person is to be issued, but the court
believes the accused may abscond or when the accused fails to appear before the court without
any reasonable cause, a warrant of arrest is issued.
Now, the warrant of arrest has been issued, and there is reason to believe that the accused has
absconded or is hiding himself to avoid the execution of the warrant. The court may publish a
written proclamation requiring the accused to appear before the court and may attach his
property.
If the accused fails to appear after the proclamation as well, the court may also attach the
property of the accused, and the property will be at the State Government’s disposal.
These provisions have been dealt with under sections 82 to 86 of the Criminal Procedure Code.

In a legal sense, the term ‘proclamation’ refers to an official announcement. Here, it is one of the
ways of compelling a person to present himself before the Court of law.
When a Court May Publish a Written Proclamation?
Section 82 of the CrPC has laid down the conditions when a person could be proclaimed as an
absconding offender.
If any court has a reason to believe that any person against whom a warrant has been issued;
1. has absconded, or
2. is concealing himself
Then a court may publish a written proclamation specifying the place and time (not less than 30
days from the date of such publication) for him to appear.
Essentials of Proclamation
Sub-section 2 of Section 82 of the CrPC specifies the manners in which a proclamation can be
made.
According to the Criminal Procedure Code, these are the four essentials of proclamation:
1. The proclamation shall be read publicly in the part of the town or village where such
person resides;
2. The written proclamation shall be affixed to some conspicuous (clearly visible) part of
the house in which such person resides;
3. A copy of such publication will also be affixed at the courthouse;

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

4. If the court thinks fit, it may order to publish such publication in a daily newspaper
circulating in the area where such person resides.
Attachment of Property
Anytime after the proclamation under section 82 of the Criminal Procedure Code, the court may
order attachment of property, whether movable or immovable belonging to the proclaimed
person. Reasons shall be recorded for such attachment.
The Court that issues the proclamation might attach any movable or immovable property of such
person under Section 83 of the CrPC.
Attachment may be ordered simultaneously with proclamation if the court has a reason to believe
that the person proclaimed is about to:
1. dispose of the whole or any part of the property,
2. remove the whole or part of the property from the local jurisdiction of the court.
The property attached will be at the disposal of the State Government.
Claims and Objections to Attached Property
Claims and objections can be made by the interested person other than the person proclaimed for
the attached property within six months from the date of attachment.
Such a claim or objection shall be inquired into and may be allowed or disallowed in whole or in
part.
Movable Property
On some occasions, the property to be attached might be a debt or a movable property. Section
83(3) has laid down the manner in which such properties could be attached:
• By seizing such property; or
• By appointing a receiver;
• By issuing an order which will obstruct such property from being delivered to the
proclaimed offender or someone who might receive it on his behalf; or
• In any way that the Court deems fit.
Immovable Property
If the property which has to be attached is immovable, it will be attached in the following
manner:
• The attachment will be made via Collector of the district where the property is
situated when the matter concerns land paying revenue to the State government.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

In other cases, the property will be attached:

• By taking possession of the property or by appointing a receiver; or
• By issuing an order restricting the payment of rent to the person absconding or to
anyone on his behalf; or
• In any way, the Court deems fit.

Receiver
Section 83(6) of the Code states that the powers, duties and liabilities of the receiver shall remain
the same as specified under the Code of Civil Procedure, 1908 (CPC).
The receiver is defined under Order 40 of Code of Civil Procedure, 1908 (CPC) as
an independent and impartial person, appointed by the Court to administer or manage a property
that is involved in a dispute.
Powers of Receiver
Rule 1(1)(d) empowers the receiver to bring and defend suits. The receiver is empowered with
the realization, management, protection, preservation, and improvement of the property. He can
collect rent and profits generated from the property, apply and dispose of them, and execute the
documents like the owner himself does, so far as the Court deems fit.
Duties of Receiver
The duties of a receiver are laid down under Rule 3 of Order XL. It states that every receiver is
required to:
• Furnish something the Court deems fit as security to account for the proceeds or benefits
that he shall receive out of the property;
• Submit his accounts whenever the Court directs, in the same manner as directed by the
Court;
• Make a payment of the outstanding amount as directed by the Court; and
• Be held responsible for any loss incurred to the property by the wilful default or gross
negligence on the part of the receiver.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Release, Sale, and Restoration of attached property

The property that is attached by the issuance of an order by the Court does remain acquired
forever. Depending on conditions, there are different ways of handling the attached
property. Section 85 of the CrPC enlightens how the properties could be dealt with.

5. Search and seizure (Ss. 91-105)

Chapter VII, containing Sections 91-100 of the Code of Criminal Procedure, 1973 deals with the
provisions relating to the summons to produce documents or other things, search-warrant
provisions, and other laws related to search and seizure.

Procedure relating to search and seizure

Section 91 states that the Court may issue a summon or the officer in charge may give a written
order stating that the person has to produce the document or anything which is believed to have
importance in order to carry out investigation, inquiry or proceedings. The person who is in
possession of that particular document or thing has to comply with the request and produce it at
the time and place prescribed by the summon or order.
Section 92 states that If the law enforcement agencies including the District Magistrate and the
High Court are of the opinion that a document, parcel or anything which is in the custody of
postal or telegraph authority is essential for the investigation, trial or the proceedings, then
the Postal or telegraph authority has to adhere to the directions given by the court and deliver the
document as per the instructions. The Court may allow the postal or telegraph authority to
conduct searches for any document, parcel or item because of which the order of the Court is
pending.
Section 93 prescribes when a search warrant can be issued. First of all, if the Court believes that
the person to whom the summon or order has been addressed, will not bring the document or the
thing which is essential to the proceedings, a warrant can be issued against that person. It can
also be issued if the Court does not know the person who may be having the document. The
Court may specify the particular place or part till which the inspection will extend and the person
in charge of the inspection will follow the order of the Court as given and not extend the limit of
inspection. Only the District Magistrate or Chief Judicial Magistrate can grant the search of a
document which is in the custody of postal or telegraph authority.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Section 94 deals with the search carried out at places that are suspected to contain properties that
might be stolen or might also hold the forged documents. After the inquiry or the information, if
a District Magistrate, Sub-divisional Magistrate or a Magistrate of first-class is of an opinion that
a place would have been used for deposit or sale of stolen property or if it would have been used
for the production of objectionable articles as mentioned and prescribed in this section, he may
authorize the Police Officer (above the rank of a constable) by warrant to enter such place with
assistance if required.
The Police have to search the place in the manner specified in the given warrant, taking the
possession of property that could be objectionable or stolen. He has to convey a bout the same to
the Magistrate or has to guard the same until the offender is taken to the Magistrate. He may
dispose of the objectionable article in some safe place and If he finds any person who may be
involved in the deposit, sale, or production of the objectionable article or stolen property, he may
take the person in custody and later carry him before the Magistrate.
Section 95 gives the power to the Court to declare some publications forfeited. The Court can
issue search warrants for those publications and If the State Government finds that any article,
newspaper, document or book may contain some matter which is punishable under the following
sections that are 124A, 153A, 153B, 292, 293 or 295A of IPC, it can declare every copy of such
material to be forfeited to the Government. The Magistrate can authorize any Police Officer to
seize those documents.
Section 97 is regarding the search of a person whose confinement amounts to an offence. If any
District, Sub-Divisional, or a first-class Magistrate has a reason to believe the same, he may issue
a search warrant. The person to whom the search warrant is addressed has to search the confined
person and if he finds the confined person, he has to take him immediately before the Magistrate
for further proceedings.
Section 98 covers the aspects involved for the restoration of an abducted woman including a
female child under the age of 18.
Section 99 covers the directions for search warrants. The provisions of Sections 38, 70, 72, 74,
77, 78 and 79 are applied to all the search warrants issued.
If any place has to be searched or inspected is closed, the person residing or in charge of that
place has to grant entry to the Officer as mentioned in Section 100 and has to provide him with
all the facilities that are appropriate or essential for searching.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

The Police Officer has to give a copy of seized items to the Occupant; Section 101 deals with the
disposal of things that are found in search beyond jurisdiction.
The power of Police Officers to seize certain property is given under Section 102 in The Code Of
Criminal Procedure, 1973. Any Police Officer can seize any property that may be known or
suspected to have been stolen or found in circumstances that raise suspicion of any crime being
committed.
103. Magistrate may direct search in his presence.
Any Magistrate may direct a search to be made in his presence of any place for the search of
which he is competent to issue a search warrant.
104. Power to impound document, etc, produced.
Any Court may, if it thinks fit, impound any document or thing produced before it under this
Code.
105. Reciprocal arrangements regarding processes.
(1) Where a Court in the territories to which this Code extends thereafter in this section referred
to as the said territories desires that-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or
to produce it, or
(d) a search-warrant, issued by it shall be served or executed at any place,-
(i) within the local jurisdiction of a Court in any State or area in India outside the said territories,
it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer
of that Court to be served or executed; and where any summons referred to in clause (a) or clause
(c) has been so served, the provisions of Section 68 shall apply in relation to such summons as if
the presiding officer of the Court to whom it is sent were a Magistrate in the said territories;
(ii) in any country of place outside India in respect of which arrangements have been made by
the Central Government with the Government of such country or place for service or execution
of summons or warrant in relation to criminal matters (hereafter in this section referred to as the
contracting State), it may send such summons or warrant in duplicate in such form, directed to
such Court, Judge or Magistrate, and sent to such authority for transmission, as the Central
Government may, by notification, specify in this behalf.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

(2) Where a Court in the said territories has received for service or execution-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other things or
to produce it, or
(d) a search-warrant, issued by-
(i) a Court in any State or are in India outside the said territories;
(ii) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or
executed as if it were a summons or warrant received by it from another Court in the said
territories for service or execution within its local jurisdiction;
and where-
(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt
with in accordance with the procedure prescribed by Sections 80 and 81;
(ii) a search warrant has been executed, the things found in the search shall, so far as possible, be
dealt with in accordance with the procedure prescribed by Section 101:
Provided that in a case where a summons or search warrant received from a contracting State has
been executed, the documents or things produced or things found in the search shall be
forwarded to the Court issuing the summons or search warrant through such authority as the
Central Government may, by notification, specify in this behalf.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Unit-III: Pre-Trial Process-II

1. Arrest of persons – with and without warrant- by whom and how - procedure and
circumstances
2. Rights of arrested person (Ss. 41A to 60)
3. Provisions relating to Bail and Bond (Ss. 436-450)
4. Discretionary bail- Mandatory bail – circumstances
5. Anticipatory Bail (S. 438)

Broad Question
1. Define Anticipatory bail. Under which circumstances it can be granted?
2. Differentiate between bailable & non-bailable offences. Under what circumstances bail
may be granted in non-bailable offences?
3. What is Bail? Under what circumstances bail may be can be granted? By which court the
bail granted?
4. Write provisions concerning bond under criminal procedure code.

1. Arrest of persons – with and without warrant- by whom and how - procedure and
circumstances
‘Arrest’ is the act of apprehending a person and taking him into custody. It is usually done by
police in India. The Code of Criminal Procedure governs the arrest of persons by the police,
private persons, and magistrates.
Types of Arrest: Two types of arrest
1. An arrest made in view of a warrant issued by a magistrate
2. An arrest made without such a warrant but in accordance with some legal provision
permitting such an arrest
Arrest by warrant
If a person commits an offence which is non-arrestable then a warrant is necessary to be issued.
The police cannot make such kind of arrest without a warrant.
The warrant is issued by a Judge or a Magistrate on behalf of the state.
An arrest warrant authorizes the arrest or detention of the person or capture or seizure of an
individual’s property.
Arrest by the police without a warrant (Section 41: CrPC)

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Section 41 of the Code of Criminal Procedure (the Code from hereinafter) contains the law for
arrest by the police without a warrant. A long list has been provided. Following are some of the
items from the list:
1. When a person commits a cognizable offense in the presence of a police officer
The cognizable offense is defined in section 2(c) of the Code. When a particular offense is
designated as such in Schedule I of the Code as a cognizable offense, it is called a cognizable
offense. Cognizable offenses are usually offenses that are serious in nature.
2. When a reasonable complaint is made against a person or credible information has been
received, or a reasonable suspicion exists that such person has committed a cognizable offense
punishable with imprisonment for a term which may be less than seven years or which may
extend to seven years whether with or without fine if the following conditions are satisfied:
• the police officer has reason to believe based on such complaint, information, or
suspicion that such person has committed the said offense;
• the police officer who is arresting is satisfied that the following conditions have been
fulfilled-
a. To prevent such person from committing any additional crime; or
b. For proper facilitation of the investigation of the crime; or
c. To stop such person from causing the proof of the crime to disappear or tampering
with such evidence in any manner; or
d. To restrain such person from making any inducement, threat or promise to any person
acquainted with the facts of the case so as to stop him from disclosing such facts to the
Court or to the police officer; or as unless such person is arrested, his presence in the
Court whenever required cannot be ensured;
And the police officer shall record while making such arrest, his reasons in writing, and when the
police officer does not make an arrest, he shall also write the reasons for not making the arrest.

2. Rights of arrested person (Ss. 41A to 60)

Rights of an arrested person in India
Introduction
The accused in India are afforded certain rights, the most basic of which are found in the Indian
Constitution. Article 21 of Indian Constitution provides few rays of hope to the lives of arrested,

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

under trials and convicts. The treatment of such people has to be humane and in the manner
prescribed by law. Hence, the accused has been provided with certain rights under the law.

Grounds of Arrest: Right to be informed

This right has been given the status of a Fundamental right in the Indian Constitution. Article
22(2) of the Indian Constitution says that “no person who is arrested shall be detained in custody
without being informed as soon as may be, of the grounds of such arrest nor shall he be denied
the right to consult, and to be defended by a legal practitioner of his choice.”

Right to be informed:
As Per Section 50 of the Criminal Procedure Code and Article 22 of the Indian Constitution
which provides certain rights to detained persons, the right to be informed about the grounds for
arrest is a basic right.
It is the police officer's responsibility to notify and tell the arrested person whether the offense is
bailable or not.

Essentials of a warrant:
In non-cognizable offenses, an arrest is made with a warrant, and the arrested person has the
right to read the warrant under Section 75 of the CrPC.
A warrant of arrest must satisfy specific conditions, including being in writing, signed by the
presiding officer, and bearing the seal of the court, as well as the accused's name and address and
the offense for which the arrest is made. If any of these are absent, the warrant is invalid and
illegal.
Memo of Arrest:
The police officer must wear a distinct and legible identification allowing for simple recognition.
At the moment of arrest, a memo of arrest must be written, which must be certified by at least
one witness, who might be a family member or a member of the local area where the arrest is
made and countersigned by the detained individual.
Right to choose an advocate:
Under section 41D and section 303 CrPC, the arrested person has been given a right to meet an
advocate of his choice during the course of interrogation.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Right to Inform Relative:

Under section 50 of CrPC, an arrested person has a right to inform a family member, relative, or
friend about his/her arrest.

Right to be not Detained more than 24 Hours:

To avoid illegal arrests, arrested persons have the right not to be kept for more than 24 hours
without being produced before a magistrate. It is a basic right conferred by Article 22 of the
Indian Constitution and backed by Sections 57 and 76 of the CrPC.

Right to be Medically Examined:

Under Section 55A and 54 of CrPC, an Arrested person has been given the right to be medically
examined by a medical officer when he is produced before a magistrate or at any time while in
custody, with a view to establishing that the offense with which he is charged was not committed
by him or that he was subjected to physical torture.

Right to Remain Silent:

Under Section 20(3) of the Indian Constitution, an arrested individual has the right to remain
silent, so that the arresting authority cannot elicit self-incriminating statements from him against
his will or without his agreement.

3. Provisions relating to Bail and Bond (Ss. 436-450)

The word bail has been coined from the French word ‘bailer‘, which means to deliver or give.
The tentative release of an accused from custody is termed as bail. In other words, bail is the
security for the accused person.
The Indian Constitution under Article 21 guarantees the right to life and personal liberty to every
individual. A person is assumed to be innocent unless proved guilty. Hence, an accused shall not
be deprived of personal liberty unless prescribed by a fair and just procedure.
The term ‘bail‘ is nowhere defined in the Criminal Procedure Code, 1973. However, bail
provisions have been defined in CrPC under sections 436-450. The first schedule of CrPC also

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

defines which offences are bailable and which are not. Generally, non-bailable offences are more
heinous crimes.
Bail in Bailable Offence
Section 436 of CrPC deals with provisions for bail in bailable offences. This provision is
mandatory in nature, and the police or the court has no discretion over it.
The bailable offence is the type of offence in which an accused person is granted bail. This type
of offences is generally punishable by the court with less than three years of imprisonment. In
the case of bailable offence the chances of getting bail are much higher.
436. In what cases bail to be taken.
(1) When any person -
other than a person accused of a non- bailable offence is arrested or detained without warrant by
an officer in charge of a police station, or appears or is brought before a Court, and is prepared at
any time while in the custody of such officer or at any stage of the proceeding before such Court
to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such
person, discharge him on his executing a bond without sureties for his appearance as hereinafter
provided:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-
section (3) of section 116 or section 446A .
(2) Notwithstanding anything contained in sub- section (1),
where a person has failed to comply with the conditions of the bail- bond as regards - the time
and place of attendance, the Court may refuse to release him on bail,
when on a subsequent occasion in the same case he appears before the Court or is brought in
custody and any such refusal shall be without prejudice to the powers of the Court to call upon
any person bound by such bond to pay the penalty thereof under section 446.
Section 436 CrPC : cases in which bail can be granted
Section 436 of the CrPC deals with bail provisions for bailable offences. This clause is
mandatory, and neither the police nor the courts have any discretion in the matter.
Section 436(1) CrPC
According to Section 436(1) of the CrPC, if the alleged crime is bailable, the accused is entitled
to bail as a matter of right, either before the police officer or before the Magistrate’s court (if the

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

case is forwarded to the Magistrate’s court). Bail for bailable offences is a right, not a favour. In
such cases, there is no room for discretion in providing bail.

Bail in Non-Bailable Offence

Section 437 of CrPC deals with provisions for bails regarding non-bailable offences. It is based
purely on the discretion of the court (other than the High Court and Sessions court).
The non-bailable offence is the type of offence for which an accused person is not entitled to get
bail.
These are the offences which are non-bailable nature and are not shown as bailable under the
first schedule of the code.
These offences are grievous in nature when compared to bailable offences. In the case of non-
bailable offences the punishment is three years or more.
Cancellation of Bail
Bail can be cancelled anytime under section 437 (5) of CrPC if the accused violates any of the
conditions prescribed by the court. The petition for cancellation of bail can be filed by the state
or the party aggrieved in the court.
Types of Bail in India
There are usually 4 kinds of bail under Indian Penal Code (CrPC) that an individual may apply
based on the stage of the associated criminal case.
1. Regular Bail (in Bailable and Non-Bailable offenses).
2. Anticipatory Bail.
3. Interim Bail.
4. Default Bail.

Types of Bail
1. Anticipatory Bail
Anticipatory bail is filed before the arrest is made. In other terms, it is also known as pre-arrest
bail. The accused apprehending arrest can approach the High Court of the concerned state for
anticipatory bail application under section 438 of CrPC. Anticipatory bail is frequently in the
news, and politicians, prominent personalities, journalists, etc., often use this.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

2. Bail on Arrest
This is filed after the arrest of the accused person. Under Section 437 of CrPC, the arrested
person can approach the court for bail.
3. Bail for Convict
This is filed post-conviction by the court, and an appeal lies against the same. When the accused
has been convicted by the court and has preferred an appeal, the accused can apply to the
appellant court for bail.
4. Default Bail
When the charge-sheet is not filed in the court within the prescribed time period or in other
words, the investigation remained incomplete within the stipulated time period; the accused is
entitled to default bail.
5. Interim Bail
Lal Kamlendra Pratap Singh vs State of U.P. and Ors. (2009): Interim bail is nowhere defined in
CrPC. The concept of interim bail was started by the Hon’ble Supreme Court in 2009, stating
that interim bail be granted pending disposal of bail application because arrest and detention of a
person may cause irreparable loss.
4. Discretionary bail- Mandatory bail – circumstances
Default or statutory bail is a right, regardless of the nature of the crime. The stipulated period
within which the charge sheet has to be filed begins from the day the accused is remanded for the
first time. It includes days undergone in both police and judicial custody, but not days spent in
house-arrest.

Default Bail:
This kind of bail procedure differs from the Bail granted under the sections mentioned above.
Default bail is granted on the default of the police or investigating agency to file its
report/complaint within the prescribed period. For an offense where an arrest can be made
without a warrant, section 57 of the CrPC commands that the police officer shall not detain the
accused for more than 24 hours.
If the investigation is not concluded and the charge sheet is not filed within these 24 hours,
section 167 grants the accused the right to a statutory or default bail.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Default bail under section 167

The accused is entitled to an indefeasible right of default bail/compulsive bail/statutory bail if the
accused is prepared to furnish bail in case the charge sheet has not been filed in court.
This right accrues after 90 days of custody in cases punishable with death, life imprisonment,
and imprisonment not less than 10 years and after 60 days of custody for any other offence.
Every person released under default bail shall be deemed to be released under Chapter XXXIII
of CrPC.
Mandatory bail
Section 436 clearly states that a person can claim bail as a right in case a person accused is
detained or arrested for a bailable offence. S. 50(2) makes it obligatory for a police officer
arresting a person accused of bailable offences without a warrant to inform him of his right to
bail.

5. Anticipatory Bail (S. 438)

Under Section 438 of CrPC, any individual who discerns that he may be tried for a non-bailable
offense can apply for an anticipatory or advance bail application. The application shall be made
to the High Court or Sessions Court, where the crime is alleged to be committed. A bail under
this section is Bail before the arrest, and the police can't arrest an individual if the Court has
granted anticipatory Bail.

Bail Procedure in India

In India, bail is a legal process that allows a person who has been arrested or detained by the
police to be released from custody, pending the outcome of their trial. The purpose of bail is to
ensure that the accused person appears in court on the specified date and time and to minimize
the risk of the accused person fleeing or tampering with evidence.
Here is a Procedure to get a Bail in India.
Step 1 - Application of Bail
To obtain bail, the accused person or their lawyer must file a bail application with the court. The
application should contain the grounds on which bail is sought, as well as any relevant
information about the accused person's background, character, and ties to the community.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Step 2 - Decision of the court

The court will then consider the bail application and decide whether to grant bail or not. In
making this decision, the court will consider factors such as the nature and severity of the
offense, the likelihood of the accused person fleeing or tampering with evidence, and the strength
of the prosecution's case.
Step 3 - Bail bond
If bail is granted, the accused person will be released from custody upon the payment of a sum of
money known as a "bail bond." This bond is intended to serve as a guarantee that the accused
person will appear in court as required. If the accused person fails to appear in court, the bond
may be forfeited and the accused person may be re-arrested and brought back into custody.

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 an 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 process in Criminal
Justice System.
Basis of FIR Complaint
Difference

Definition FIR is not defined in the code. Complaint is defined u/s 2 (d),
However, it can be said to be an which means any allegation made
information given to the police orally or in writing to a
first in point of time relating to a magistrate, with a view to his
cognizable offence. taking action under the 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
Apply? lodged by any person such as the by any person subject to certain
aggrieved party or an eye witness. exceptions.

Whom to First information report is made to Complaint is made to a magistrate

Apply? the competent police officer

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Nature of First information Report must A complaint may relate to a

Offence relate to a cognisable offence on cognisable or non-cognizable
the face of it. offence.

Investigation When a FIR is lodged, a police Whereas, when complaint is filed

officer starts with investigating the no investigation is done by the
matter. police officer until directed by the
competent authority.
Cognizance At the first instance no cognizance A Magistrate takes cognizance on
is taken by the Magistrate until the complaint made to him at the
particular FIR is reported to him. very first stage.
Format There is prescribed format by law No prescribed format is given for
for FIR. filing a complaint. But some
essential ingredients are to be
satisfied.

Cognizable & non cognizable offence

Cognizable Offence
Cognizable offences are of serious nature. The definition of cognizable offence is provided
under section 2(c) of the Code of Criminal Procedure.
Cognizable offences are offences in which a police officer can arrest a person without a warrant.
Or these are the offences which have been shown as cognizable offences under the First
Schedule of CrPC.

Non-Cognizable Offence
Non-cognizable offences are less serious in nature. The definition of non-cognizable offence is
provided under section 2(l) of the Code of Criminal Procedure.
Non-cognizable offences are offences in which a police officer cannot arrest a person without a
warrant or offences which are shown as non-cognizable offences under the First Schedule of
CrPC.

Basis of Difference Cognizable Offence Non Cognizable Offence

Registration of If information is given regarding When information is given to an

Information commission of cognizable officer in charge of a police
offence, generally police officer station of the commission of a
non-cognizable offence, he

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

is bound to register FIR without shall enter the substance of the

preliminary inquiry. information in a prescribed
Here informant is not sent to book and refer the informant to
Magistrate. the Magistrate.
Sending of Report According to Section 157, Officer Here investigation starts on the
in charge of Police Station shall direction of Magistrate so there
forthwith send a report of the FIR is no such provisions for
to a Magistrate empowered to sending of report.
take cognizance of such offence
upon a police report.
Initiation of According to section 156 (1) any According to Section 155(2)
Investigation officer in charge of a police investigation in non-cognizable
station may, without the order of cases starts only after the order
a Magistrate. investigate any of Magistrate.
cognizable case.
Power to Generally investigation starts According to section 155(2), no
investigate after lodging an FIR under police officer shall investigate a
section 154. non- cognizable case without
the order of a Magistrate having
power to try such case or
commit the case for trial.
Arrest Police has power to investigate as According to section 155(3) any
well as arrest without warrant. police officer receiving such
order may exercise the same
powers in respect of the
investigation (except the power
to arrest without warrant) as an
officer in charge of a police
station may exercise in a
cognizable case.
Investigation within If investigation is not completed Here there is no such specific
24 hours within 24 hours then procedure procedure.
mention in section 167 must be
followed.

Cognizable offence Non- cognizable offence

• All serious offences are cognizable. • Non cognizable offences are more trivial
&less serious than cognizable ones.

Offences under laws other than the Indian • Those punishable with less than 3 yrs or
penal code which are punishable with 3 years with fine
imprisonment or more.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Murder, waging war against state. Absconding to avoid service of summons,

giving false information to public officer.
Police officer may arrest without warrant. Police has no authority to arrest without
warrant.
Police is under legal duty to investigate Police have neither duty nor power to
without directions from magistrate. investigate such offences without authority
given by magistrate.
• Cognizable offences are considered public • Non cognizable offences are considered
wrongs &therefore prosecution of offender is private wrongs and therefore prosecution of
left to the initiative and efforts of state. offender is left to the initiative & efforts of
private persons.

Difference between bail and bond

Bail - is the temporary release of an accused person awaiting trial, sometimes on condition that a
sum of money be lodged to guarantee their appearance in court
Bond - this is physical restraint used to hold someone or something especially on prisoners
BAIL BOND
When a person is arrested for a crime the Its an undertaking with or without sureties or
judge has discretion in setting the amount of security entered into by an accused person in
money that must be paid for the defendant to custody under which he or she binds him or
be released from jail. herself to comply with the conditions of the
undertaking and if in default of such
compliance to pay the amount of bail or other
sum fixed in the bond.
It involves payment of cash to bail yourself It involves payment of cash to bond yourself
out (free yourself) to appear in court when required.

No refunding of any sort instead one pays to Money paid is refunded to you in -case you
be set free attend all your court appearances faithfully.
Once you pay you won’t be analised in the Appearance in court is mandatory and if one
cells but you have to appear in court or forget fails to appear then he or she is deprived the
the bail amount. item left as security.
Mode of payment is cash only. One may use other means eg car logbook or
documents of title.
No presence of a third party involved. A third party agrees to be responsible for the
debt and obligation of defendant.
Is an agreement in nature. Is an undertaking in nature.
Issuing a warrant of arrest. No issue of warrant of arrest.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Difference between Bailable and Non- Bailable Offence

The term "hail" has not been defined in the code. The word bail is derived from old French verb
"bailer" which mean "to give" or "to deliver". As a verb it means to deliver an arrested person to
his sureties. Thus, in general sense it is a process to set a person free by asking that person to
furnish security who is under detention or arrest by competent authority for his appearance in the
court on the date fixed. The code only defines the bail as for bailable and non-bailable offences
w/s 2(a), its further provisions are given u/s 436-450.

Basis of Bailable Offence Non-Bailable Offence

Difference
Provision It is defined as 2a) of CrPC, as an It is also defined us 2(a) pf CrPC,
under CrPC offence which is shown as bailable as an any other offence other than
in the 1" schedule, or which is bailable.
made bailable by any other law for
the time being in force.
Intensity of Bailable offences are considered Whereas, Non- Bailable offences
Crime less serious in nature. are considered more
serious/heinous in nature.
Quantum of As a general rule bailable offences The quantum of punishment is
Punishment are those in which punishment is highs in Non- Bailable offences
for or less than 3 years But there which may extend to Life
are some exceptions to this rule. Imprisonment.

Power to In Bailable Offences, bail can be Whereas, bail cannot be claimed as

Grand Bail claimed as of right and is granted right and court or the police officer
as a matter of course by the police has discretion to grand bail after
officer or by court. considering facts and circumstances
Its provision can be traced u/s 436 of each case.
of CrPC Provision for Non- Bailable offence
is given u/s 437 of CrPC.
Examples Cheating (Sec 407 1PC), Affray Dowry Death (Sec. 3048, IPC),
(Sec 160 IPC), Bribery for Murder (Sec 302, IPC), Rape (Sec
elections (Sec 171E IPC) 376, IPC). Voluntarily causing
Grieve Hurt (Sec. 326, IPC)
Cases In Rasiklal vs Kishore Khanchand In Mansab Ali v Iran, It was held
Wadhwani. It was held by the apex by the apex court that since the
court that the right to claim bail jurisdiction is discretionary, it is
granted by sec 436 m a bailable required to be exercised with great
offence is an absolute & care and cation by balancing
indefeasible right. valuable right of liberty of an
individual and the interest of
society at large.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Unit-IV: Trial Process

1. Trial meaning and nature, types of trial, Common features of trial
2. Proceedings before magistrate, Commencement of proceeding, Condition Requisites for
Initiation of Proceeding (S. 190- 199)
3. Complaint to Magistrates ( S. 200-203) , Commencement of proceedings before Magistrates
(S. 204- 207)
4. Charges in Criminal Trial (Ss. 211-224)
5. Plea Bargaining (S. 265A- 265L,) and compounding of offences ( S. 320 )

1. Trial meaning and nature, types of trial, Common features of trial

The Code of Criminal Procedure deals with various procedures in a criminal proceeding. One of
which is the Trial system under Criminal Procedure Code.
The word “trial” is not defined anywhere in the Criminal Procedure Code, however, it means a
commonly understood stage of trial which begins after framing the charge and ends with the
conviction or acquittal.

Types of Trial in Indian Legal System

The trial of the accused in the Indian Criminal Law is divided through the punishments of the
said committed offence. The Trial of the accused for the offence committed by him is divided
into four types.
Session Trial– If the offence committed is punishable with more than seven years of
imprisonment or Life imprisonment or Death, the trial is to be conducted in a Sessions court after
being committed or forwarded to the court by a magistrate.
Warrant Trial– Warrant case includes offence punishable with the death penalty, imprisonment
for life and imprisonment exceeding two years. A trial in a warrant case begins either by filing
an FIR in a Police Station or by filing it before a Magistrate
Summon Trial- If the offence committed is punishable with less than two years of
imprisonment, it is taken as a summons case. In respect of this offence, it is not necessary to
frame charges. Summon is issued by the Magistrate to the accused under section 204(1) (a) of
Cr.P.C, 1973.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

“Summon case” means a case relating to an offence, not being a warrant case. The procedure to
deal with such matter provided in section 251 to 259 of Cr.P.C, 1973 which is not as
serious/formal as other trials (Session trial, warrant case instituted on the police report and
warrant cases instituted otherwise than on police report).
Summary Trial– Those trials in which cases are disposed of speedily with a simple procedure to
follow and recording of such trials are done summarily. In this trial only small cases are taken in
hand and complicated cases are reserved for summon and warrant trials. Legal Provisions for
summary trial are given under Section 260-265 of Cr.P.C, 1973.

2. Proceedings before magistrate, Commencement of proceeding, Condition Requisites for

Initiation of Proceeding (S. 190- 199)

Cognizance of Offences By Magistrate

Any First class Magistrate and any Second Class Magistrate can acknowledge any offence.
Section 190-199 of the code defines the procedures by which various criminal courts are entitled
to take cognizance of offences, and the restrictions under which they are entitled.
‘‘Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking ‘cognizance
of offences’ means taking notice, or becoming aware of the alleged commission of an offence.
The dictionary meaning of the word ‘cognizance’ is ‘judicial hearing of a matter’.
The judicial officer will have to take cognizance of the offence before he could proceed with the
conduct of the trial. A court can take cognizance only once after that it becomes ‘functus officio’.
190. Cognizance of offences by Magistrates.
any Magistrate of the first class, and any Magistrate of the second class specially empowered in
this behalf under sub-section (2), may take cognizance of any offence-
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own
knowledge, that such offence has been committed.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

191. Transfer on application of the accused.

When a Magistrate takes cognizance of an offence , the accused shall, be informed that he is
entitled to have the case inquired into or tried by another Magistrate but before any evidence is
taken.
if the accused or any of the accused objects to further proceedings before the Magistrate taking
cognizance, the case shall be transferred to such other Magistrate as may be specified by the
Chief Judicial Magistrate in this behalf.
192. Making over of cases to Magistrates.
Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for
inquiry or trial to any competent Magistrate subordinate to him.
Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may
hold the inquiry or trial.

193. Cognizance of offences by Courts of Session.

Except as otherwise expressly provided, no Court of Session shall take cognizance of any
offence as a Court of original jurisdiction.
194. Additional and Assistant Sessions Judges to try cases made over to them by general or
special order of Sessions Judge.
195. Prosecution for contempt of lawful authority of public servants, for offences against
public justice and for offences relating to documents given in evidence.
According to Section 195(1)(a), “Court will not take cognizance to those cases which punishable
under Section 172 to Section 188 of Indian Penal Code unless a written complaint is made by a
public servant.” Section 172 to 188 of IPC deals with offences related to contempt of public
servant. The court will not take cognizance in case of an attempt, conspiracy, abetment of
offence given in Section 172 to 188 of IPC.
According to Section 195(1)(b)(i), ‘ ‘‘Court will not take cognizance to those cases which are
offensive under Section 193 to 196, 199, 200, 205 to 211 and 228 of Indian Penal Code. The
court will not take cognizance in case of an attempt, conspiracy, abetment of offences against
public justice.
According to Section 195(1)(b)(ii), ‘ ‘‘Court will not take cognizance to those cases which
offensive under Section 463, or punishable under Section 471, 475 or 476 of the IPC. Above

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

mentioned sections of the IPC deals with offences related to documents given in evidence. The
court will not take cognizance in case of an attempt, conspiracy, abetment of offences relating to
documents given in evidence.
195A. Procedure for witnesses in case of threatening etc.
A witness or any other person may file a complaint in relation to an offence under section
195A of the Indian Penal Code.
196. Prosecution for offences against the State and for criminal conspiracy to commit such
offence.
According to Section 196(1), ‘‘Court will not take cognizance to those cases which punishable
under Chapter VI (Of Offences against the State) or under Section 153A, Section 153B, Section
295A or Section 505 of Indian Penal Code except with the consent of the Central Government or
of the State Government.” Above mentioned sections of IPC deal with offences against the state.
197. Prosecution of Judges and public servants.
According to Section 197(1), “Court will not take cognizance to offences done by Judges,
Magistrates or any Public Servants during the course of employment unless consent in writing is
given by the State
There is no consent requires for cognizance when Judges, Magistrate or Public Servants has done
offence which is punishable under Section: 161A, 161B, 354A to 354D, 370, 376, 376A, 376B,
376C and 509 of Indian Penal Code.
According to Section 197(2), “Court will not take cognizance to offences done by any member
of the Armed Forces of the Union during the course of employment unless consent given by the
Central Government.”
198. Prosecution for offences against marriage.
According to Section 198(1), “Court will not take cognizance to offences punishable under
Chapter XX (Of Offences related to Marriage) of Indian Penal Code unless complaint made by
the victim”.
Court will take cognizance -
1. With the consent of Court, the third person can also make a complaint on behalf of a victim
who is idiot, lunatic, minor, sick, women(who can’t appear in public).
2. Third-person who is authorised by husband (serving in the armed forces of union and unable
to get leave) can make a complaint on his behalf.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

3. Father, mother, brother, sister, son or daughter or by her father’s or mother’s brother or sister
of the wife who is the victim under Section 494 of Indian Penal Code can make the complaint on
behalf of the wife.
199. Prosecution for defamation.
According to Section 199(1), “Court will not take cognizance to offences which are punishable
under Chapter XXI (Of Defamation) of the IPC unless the complaint is made by the victim
within six months ’’.
3. Complaint to Magistrates ( S. 200-203) , Commencement of proceedings before
Magistrates (S. 204- 207)
MEANING OF A COMPLAINT
Section 2(d) of CrPC, 1973 defines a complaint as “it is an allegation made verbally or in written
form before a Magistrate”.
In general, any person can file a complaint. But, in case of offences relating to marriage,
defamation and offences specified as per sections 195 to 197 of IPC, only the aggrieved party
can file a complaint. The person who lodges a complaint is known as a ‘complainant’.
NECESSARY CONDITIONS FOR A COMPLAINT
These are some necessary conditions for a complaint:
▪ A non-cognizable offence must be committed.
▪ There must be some allegation against a known or unknown person.
▪ Such allegation must be in verbal or written form.
▪ It must be made before a Magistrate.
▪ It must be made with the object that the Magistrate should take action.

Section 200 of CRPC "Examination of complainant"

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present
the substance of such examination shall be reduced to writing and shall be signed by the
complainant and the witnesses, and also by the Magistrate.
When the complaint is made in writing, the Magistrate need not examine the complainant and the
witnesses-

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court
has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section
192:
Section 201 of CRPC "Procedure by Magistrate not competent to take cognizance of the
case"
As per Section 201, if a complaint is lodged before a Magistrate who has no jurisdiction to deal
with the case, then he can do any one of the following things:
1. Where the complaint is in written form, he is required to return it to the appropriate court
for presentation along with approval for such effect.
2. Where the complaint is not in written form, he should direct the complainant to the
appropriate court.

POSTPONEMENT OF ISSUE OF PROCESS

Instead of ordering an investigation by the police, the Magistrate himself can also inquire into the
case or order another person (whom the Magistrate thinks fit) to investigate. This can be done in
the following conditions:
▪ On receiving a complaint for which the Magistrate has jurisdiction over the case, or
▪ Where the Magistrate has transferred the case to another Magistrate as per Section
192, or
▪ Where the accused is living in an area in which the Magistrate is not authorized to
exercise his jurisdiction.

Meaning-
Issue of process means to compel the appearance of the person complained against or order the
police officer to investigate for deciding whether there is a satisfactory reason for proceedings.
Section 200(2) provides that if a Magistrate finds that the offence is specially triable by the
Sessions Court, then he can summon the complainant along with all the witnesses to take the
evidence on oath.
Section 202(3) limits the power of the person excluding a police officer investigating in that he is
not permitted to take someone into custody without a warrant.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Dismissal of the complaint

According to Section 203 of CrPC, “The Magistrate can also dismiss the complaint if inquiry or
investigation under Section 202 result no ground for proceedings”
After considering the statements of the complainant and its witnesses under Section 200 and the
result of investigation under Section 202, the Judicial Magistrate is of the opinion that there is no
sufficient ground to proceed in the matter, he shall dismiss the complaint with brief recorded
reasons. A second complaint on the same facts could be entertained only in exceptional cases.
CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATE
Issue of Process
As per Section 204 CrPC, if the Judicial Magistrate taking Cognizance of an offence considers
that there is sufficient ground to proceed in the matter, he shall issue process against the accused
person in the following manner:
• If it’s a summons case, he shall issue a summons for the attendance of the accused
• If it’s a warrant case, he may issue a warrant or if he thinks fit, may issue a summon
for causing the accused to appear at a certain date and time.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list
of the prosecution witnesses has been filed.
This whole procedure of issuing summons or warrants under Section 204 CrPC is to make the
accused person aware of the prosecution witnesses and to prepare his defence.

Scope & Objective

▪ When the accused is summoned to appear before the Magistrate, the proceedings under
this chapter commence thereafter.
▪ At the time of issuing a process i.e., warrant or summon, the Magistrate is required to
find out whether there is prime facie case.
▪ It need not determine the adequacy of the evidence or the probability of the accused
being guilty.
▪ It should be seen whether a cursory perusal of the complaint and the evidence recorded
during preliminary inquiry, there is prime facie evidence in support of the charge levelled
against the accused.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ At this stage, the Magistrate shall not enter into a detailed discussion on the merits or
demerits of the case.
Opinion of the Magistrate
▪ The Magistrate has to merely form an opinion as to the sufficiency of grounds for
proceedings against the accused persons.
▪ At this stage, the accused defence against the charges levelled shall not be the concern of
the Court.
▪ The Magistrate is required to find out whether there is a prime facie case made out
against the accused.
▪ The Court is not required to go deep into the probative value of the material on record.
Filing of list of witnesses (Sub. Sec. 2)
▪ It is mandatory to file the list of witnesses along with the complaint.
▪ A separate list of witnesses may not be necessary, if the complainant incorporates the
name of the witnesses in the complaint itself.
Copy of Complaint (Sub. Sec. 3)
▪ A copy of the complaint shall be sent along with the warrant or summons issued to the
accused.
▪ In case such copy of complaint is not provided to the accused, it shall not vitiate the trial.
▪ Such copy can be provided even before the proceedings actually start.
Dismissal of Complaint (Sub. Sec. 4)
▪ A dismissal of the complaint u/s. 204(4) for failure to pay process fee is not a dismissal
on merits.

205. Magistrate may dispense with personal attendance of accused.—

Scope
▪ By virtue of Sec. 205 the Magistrate is empowered to dispense with the requirement of
personal attendance of the accused.
▪ It is only applicable to cases in which summons are issued.
▪ In case a warrant is issued to the accused, his attendance cannot be dispensed with.
▪ The personal attendance of the accused is the general rule and exemption may be granted
in suitable cases.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ Such exemption cannot be claimed by a person as a matter of right.

Cases where personal attendance can be dispensed with.

▪ The Court may dispense with the requirement of personal attendance of the accused if
after due consideration of the facts and circumstances of the case deems fit to do the
same.
▪ Following are some of the illustrative cases where the condition of personal attendance
may be dispensed with:
▪ Where no useful purpose will be solved by requiring personal attendance of the accused.
▪ Where the progress of the case is likely to be hampered.
▪ Where a delay is likely to be caused in the completion of the trial.
▪ Where the offence is not of a very serious nature.
▪ Where a person is merely involved in the case by virtue of his post/office.
▪ Where a person is suffering from some ailment.
Permit the accused to appear by his pleader.
▪ Pleader is defined under section 2(q) of the CrPC as a person authorised to practise in the
Court.
▪ Therefore, the only person who can appear in a case in which the personal attendance of
the accused is dispensed with is a pleader.
▪ Any person against whom proceedings have been initiated has a right to legal
representation i.e., the right to be defended by a pleader.
Rule of Personal exemption to a Woman accused
▪ In the case of Shakuntala v. Virupanna it was held that the grant of exemption from
personal appearance to a woman accused on bail in a criminal proceeding is a rule and its
refusal is an exception.
Other important factors u/s. 205
▪ The Court shall adopt a generous approach i.e., the power to grant exemption from
personal appearance is discretionary, facts and circumstances of each case have to be
seen.
▪ The Court may exercise its judicial discretion while granting such exemption.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Withdrawal of Exemption
▪ When the personal appearance of the accused is initially dispensed with on valid reasons,
there can be no ground to withdraw the exemption unless there is a reasonable
apprehension of possible abscondence of the accused.
▪ The Court may withdraw the exemption from personal hearing for reasons recorded in
writing.

Sec. 206 – Special Summon in cases of petty offences.

▪ This section provides quick disposal of petty cases which are numerous in number but are
petty in nature.
▪ The procedure provided u/s. 206 is mandatory in nature, qua the petty offences.
▪ It permits the accused to plead guilty in absentia in case of petty offences
▪ In case the Magistrate holds an opinion that the procedure provided u/s. 206 shall not be
followed then he shall record such reasons in writing.
▪ A petty offence means any offence punishable only with fine not exceeding Rs. 1000/-

Sec. 207 – supply to the accused of copy of police report and other documents.
Scope & Object
▪ This section only applies to cases, where proceeding has been instituted on a police report
and not to cases based on a private complaint.
▪ The object of this section is to provide the accused an opportunity to know the charge
brought against him and the materials by which the charge is going to be substantiated.
▪ In other words, it gives the accused adequate notice of the material which is going to be
used against him by the Prosecution.
▪ It ensures that the accused is not prejudiced by any way.
▪ The purpose of the provision is to ensure just and fair trial.
Documents that shall be forwarded to the accused
The copies of following documents shall be provided to the accused as contemplated under
section 207:
1. Police Report
2. FIR

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

3. Statement of witness recorded u/s. 161.

4. Statements or confessions u/s. 164.
5. Any other document on which the prosecution wants to rely or extracts therefrom.
Furnishing of copies
▪ This section imposes an obligation to supply copies of the statement of witnesses who are
intended to be examined at the trial to enable the accused to utilise them in the course of
cross examination to establish such defence as may be desired to put up and also to shake
the testimony of the witnesses.
Failure to furnish copies
▪ The duty of the Magistrate to furnish fee of cost copies of documents is a judicial
obligation.
▪ In case of failure to do so, the Court is justified in directing that the conviction be set
aside.
Procedure in case of Voluminous Report
▪ If the Magistrate is of the opinion that the report is voluminous, then he shall instead of
furnishing the accused with a copy of the same, direct that he will only be allowed to
inspect it either personally or through pleader in Court.
Sec. 208 – Supply of copies of statements and documents to the accused in other cases
triable by the Court of Sessions.
▪ This section provides for cases instituted otherwise than on a police report where the
Magistrate issuing process under section 204 id of the opinion that the case is triable
exclusively by a Court of Session.
▪ In such case the following documents shall be furnished to the accused:
▪ Statements recorded u/s. 200 or 202;
▪ Statements and confessions, recorded u/s. 161 or 164.
▪ The documents produced before the Magistrate on which the prosecution relies.
▪ The same rule as contemplates qua the voluminous documents shall apply to documents
made available to the accused u/s. 208.
▪ In case of non-compliance of the Sec. 208, the Court has to give specific findings as to
prejudice caused to the accused by such non furnishing of documents, in order for it to
have any vitiating effect on the trial.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Sec. 209 – Commitment of Case to Court of Session when the offence is triable exclusively
by it.
Scope
▪ When the accused appears before the Magistrate or his brought before him and it appears
that the offence committed by him is exclusively triable by the Court of Sessions, in such
circumstances Sec. 209 comes into operation.
▪ The moment the Magistrate commits the case to the Court of Sessions u/s. 209 he
becomes functus officio.
▪ Such committal proceedings are neither inquiry nor trial.
Object
The object of this section is twofold:
1. To prevent committal of cases where there is no reasonable ground for conviction.
2. To provide that no person shall be committed for trial without being acquainted with the
facts and circumstances of the offence impugned against him.
Presence of accused before the committal Court
▪ The presence of the accused before the committal Court is must when the committal
order is passed.
▪ Therefore, an order of committal shall not be passed when the accused is absconding or
has never been brought before the Court at all.
▪ However, the case may be committed if one of the several accused in custody has
absconded.
▪ S.209 does not envisage splitting up of cases of absconder and appearing accused.
Discretion of the Magistrate
▪ The Magistrate is not obliged mechanically to commit a case.
▪ This section gives him the discretionary power in this regard.
▪ Such discretion is limited to what is apparent on the face of record.
▪ The Magistrate cannot discharge the accused merely because it appears to him that the
offence is not exclusively triable by the Court of Sessions, in such case he shall take the
cognizance of offence himself.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Enquiry as to prime facie case

▪ The Magistrate is competent to inquire into a prime facie case for the purpose of
commitment.
▪ He shall examine the materials on record, and if on such examination he is satisfied that
a prime facie case exclusively triable by the Court of Sessions exists, the same shall be
committed to such Court.
▪ In forming such opinion, the Magistrate is not to weigh the evidence and probabilities in
the case, he is not required to hear the accused.

Sec. 210 – Procedure when there is a complaint case and police investigation in respect of
the same offence.
Scope
▪ This section comes into operation when the following two things are simultaneously
going on:
▪ Private complaint is received by the Magistrate; and
▪ Police is also investigating the same case.
▪ In the aforementioned eventuality, the Magistrate who receives such private complaint
shall stay the proceedings before him until the Police investigation is over.
▪ The provisions of Sec. 210 are mandatory.
Power to stay proceedings
▪ The provision for staying the proceedings in the complaint case is not to stay
the complaint case indefinitely till the investigation in the police case is over or till the
filing of the final report in the case, more so when the concerned police officer does not
act expeditiously in the manner and/or does not submit his report to the Court at an early
date.
Condition precedent for application of S.210
▪ The condition precedent for applicability of this section is pendency of an inquiry or trial.
▪ When it does not appear from the record that an investigation by the Police is in process
in relation to the offence which was the subject matter of the enquiry or trial held by the
Magistrate, this section could not be made available.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Joint trial
▪ A case instituted on a police report and a complaint case cannot be tried together.
▪ Where offences are distinct and separate offences, joint trial was held impermissible.
▪ Where the Magistrate does not take cognizance of an offence on a Police report he can
proceed with the complaint case.

4. Charges in Criminal Trial (Ss. 211-224)

Contents of Charge (Ss. 211 – 214)
▪ S.211 – Every Charge shall state the offence, its specific name, law and section of the
law.
▪ S.212 – Particulars as to time and place of alleged offence.
▪ S.213 – When provisions u/s. 211 & 212 do not provide the accused sufficient notice if
the matter with which he is charged, the manner of committing the offence shall be
stated.
▪ S.214 – It provides for rules of interpreting words used in the Charge.
▪ S.215 – Only such omissions and errors shall be deemed to be material which cause
prejudice to the accused.
Alteration of Charge (Ss. 216 – 217)
▪ S.216 – It provides for the power of the Court to alter the Charge/s before the judgment is
pronounced.
▪ S.217 – Provides for the power to recall or re-summon or to call any further witnesses.
Joinder of Charges (Ss. 218 – 224)
▪ S.218 – Separate Charge for Distinct Offences.
▪ S.219 – Three offences committed in a span of one year.
▪ S.220(1) – Offences committed in course of same transaction.
▪ S.220(2) – Offences of Criminal Breach of Trust, Misappropriation of Property, Breach
of Trust and Falsification of accounts.
▪ S.220(3) – Same act falling under different definitions of offence.
▪ S.220(4) – Acts forming an offence, also constituting different offence when taken
separately or in groups.
▪ S.221 – Where it is doubtful what offence has been committed.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ S.223 – Certain persons may be charged jointly

Need for framing Charges
▪ It is the basic requirement of a fair trial that the accused shall be given precise
information to the accused as to the accusation against him.
▪ Such information renders the accused an opportunity to the accused to prepare his
defence.
▪ Charges serves the purpose of notice or intimation to the accused.
▪ There is no necessity to hear the accused at this stage as a general rule.
▪ There is no need to appreciate evidence at this stage.
▪ Any material defect in the Charges would vitiate the conviction.
▪ In a summons – case, no formal Charge needs to be framed. (S.251)
▪ In warrants – case, a formal Charge must be framed. (S.240)
Definition of Charge
Section 2(b) of the Cr.P.C. defines Charge as – “Charge includes any head of charge when the
charge contains more heads than one”
Form and Contents of Charge
Sec. 211 – Contents of Charge
Details about the offence – S.211(1)
▪ Every charge shall state the offence with which the accused is charged.
▪ In case there are more than one accused, then the Court shall consider the case of each
and every accused individually before framing the Charge.
Specific name of Offence – S.211(2)
▪ If the law prescribes a specific name for the offence, then the Charge shall also mention
such specific name only.
▪ For example, A is accused of Murder as provided u/s. 300 of the IPC. Therefore, in the
Charge, the Court shall state the specific name of the offence i.e., murder.
No Specific name of the Offence – S.211(3)
▪ In such case where the offence does not provide for the specific name of the offence, the
Court while framing the Charge must provide for the definition of the same, so as to give
the accused sufficient notice of the offence alleged against the accused.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ For example, offence which do not have a specific name under the IPC, there definition
given under the Code shall be mentioned in the Charge
Provisions of Law – S.211(4)
▪ The law and the sections of law dealing with the offence shall be stated in the Charge.
▪ Along with the Section Number, the illustration given along with the section shall also be
stated.
Fulfillment of Legal Conditions – S.211(5)
▪ Once the accused is charged with the particular offence, such charge is equivalent to the
statement that other legal conditions required by the law to constitute the offence were
fulfilled.
▪ For example, if A is charged with murder, then such charge would be equivalent to the
statement that:
▪ A’s act fell within the definition of murder;
▪ A’s act did not fall within the general exceptions;
▪ A’s act did not fall within the five exceptions given under Section 300, IPC.
Language of Charge – S.211(6)
▪ The charge shall be written in the language of the Court.
▪ The State Government shall determine the language that is to be followed by the Court.
▪ Such power can only be used to determine language of all the Courts except the High
Court, as English is the only language permitted at the High Court.
Previous Conviction – S.211(7)
▪ If the previous conviction is to be used in order to enhance the punishment of the
accused; then
▪ The date and place of such previous conviction shall be stated in the Charge.
▪ The purpose of S.211(7) is to inform the accused adequately that the allegations of
previous convictions would expose him to enhanced punishment.
Sec. 212 – Particulars as to time, place and person
Particulars as to time and place of offence – S.212(1)
▪ The Charge shall cull out details about the time and date of the alleged offence.
▪ It helps in providing a reasonable notice to the accused of the details of the offence for
which he is charged.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Time & Place in case of Criminal Breach of Trust or Dishonest Misappropriation

– S.212(2)
▪ In above mentioned offences, it shall be sufficient to specify the gross sum or specify the
movable property, without specifying the particular items or exact dates.
▪ The charge so framed shall be deemed to one offence within the meaning of S.219.
▪ The combined effect of S.212 and S.219 is that it prevents multiplicity of proceedings.
Sec. 213 – Mentioning Other Particulars when information u/s. 211 and 212 do not provide
sufficient notice
▪ In case the information provided in the charge as provided u/s. 211 and 212 is not
sufficient to give adequate notice to the accused of the offence alleged against him, then
provisions of S.213 come into operation.
▪ The Court may provide other such particulars which would provide for the manner in
which the offence was committed.
Alteration of Charge
Object
▪ The power to alter the Charge provides a comprehensive power to remedy the defects in
the framing or non-framing of a charge.
▪ Such defect may be discovered at initial stage of the trial or at any subsequent stage.
▪ It ensures that the accused is duly tried and prosecuted for all the act committed by him.
▪ Alteration of charge ensures that upon discovery of new incriminating evidence against
the accused the entire trial is not vitiated.
▪ The ultimate object is to do justice to the victim of the crime so as to ensure that the
offender is duly punished as per law.
Sec. 216 – Court may alter charge
General Conditions – S.216(1)
▪ The Court may alter or add a charge at any stage before the Judgment is framed.
▪ The accused shall not be made to face a new offence by way addition of charges.
▪ The addition or alteration of charge shall not prejudice the accused.
▪ The accused shall be given adequate notice of such alteration or addition so as to prepare
his defence.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ All the general rules as to framing of charges would also apply in case of alteration or
addition of charges.
Joinder of Charges
Basic rule regarding framing of Charges and Trial
▪ The initial requirement of a fair trial in criminal cases is a precise statement of the
accusation called the Charge.
▪ As a basic rule, there shall be a separate charge for every distinct offence otherwise it
may cause prejudice to the accused.
▪ However, there are certain exceptions laid down to the basic rule, whereby different
offences can be tried at one trial for the benefit of the accused and the Court.
Object of Joinder of Charges
▪ To avoid multiplicity of proceedings.
▪ To avoid harassment to the accused.
▪ To ensure that the mind of the Court is not prejudiced against the accused if was tried in
one trial, upon different charges resting on different evidence.
▪ However, there is a need for carving out exceptions to the said rule, as in some cases
strictly following the general rule of separate charge for distinct offence may cause
multiplicity of judicial proceedings.
Sec. 218 – Separate Charges for Distinct Offences
▪ As a general rule, there shall be a separate charge for every distinct offence committed by
the accused.
▪ However, if the accused himself gives his consent for joinder of charges, then the Court
may allow such joinder of charges.
▪ Provisions of S.218 are designed to benefit the accused.
Factors distinguishing ‘Distinct Offence’ from ‘Each Offence’ or ‘Every Offence’
1. Difference in the time of occurrence of different offences;
2. Difference in place of occurrence;
3. Different victims of crime;
4. Difference in the acts constituting the two or more offences.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

‘Distinct Offence’ vis-à-vis ‘Each Offence’

▪ Section 218 only provides for separate charge for every distinct offence and not each
different offence.
▪ Which means that the factors which are mentioned above in order to distinguish ‘distinct
offence’ from ‘every offence’ or ‘each offence’ have to be duly considered.
Exceptions to the Basic Rule
Exception 1
Three offences of the same kind committed within one year – S. 219
▪ This section applies only to the case of a single accused person and not several accused
persons as S.223 precisely deals with joinder of several accused in one trial.
▪ The following conditions shall be fulfilled in order to bring S.219 in to application:
▪ The accused must have committed three offences;
▪ Such offences must be committed within the span of one year/twelve months.
▪ All the three offences must be of the same kind.
▪ The offences of same kind means such offences which are punishable with the same
amount of punishment under IPC, Special Law or locals laws.
EXCEPTION 2
Offences committed in course of same transaction – S.220(1)
▪ The primary requirement u/s. 220(1) is that the offences shall be committed by the same
person i.e., there shall be a single accused person.
▪ The offences shall be so connected so as to form part of the same transaction.
▪ The term “same transaction” has not been defined as it is of a very wide import.
▪ However, it would depend on the following factors:
▪ Proximity of time;
▪ Proximity of place;
▪ Unity of purpose or design;
▪ Continuity of action.
▪ The offences shall be so connected that if a separate trial is ordered it will result in an
incomplete comprehension of the totality of the crime even where they do not lead to
conflicting judgments.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

EXCEPTION 3
Offences of Criminal Breach of Trust, Dishonest Misappropriation of Property and their
companion offences of Falsification of Accounts – S.220(2)
▪ Sub Sec. 2 of Sec. 220 applies when a person commits one or more offences pertaining
to:
▪ Criminal Breach of Trust;
▪ Dishonest Misappropriation of Property;
▪ Falsification of Accounts.
▪ The reasonable object behind trying all these offences together is that either one of the
abovementioned offence is carried out to give effect to other one.
▪ For example, in almost all the cases the offence of Criminal Breach of Trust is
accompanied with the offence of falsification of accounts for the purpose of concealing
the former offence.
EXCEPTION 4
Same act falling under different definitions of offence – S.220(3)
▪ There might be a case where a person is accused of committing an act which falls under
the definition two or more offences.
▪ Therefore, a single act of the accused would be an offence under two or more provisions
of IPC, Special Law or Local Laws.
▪ In such case all the offences shall be tried at one trial.
▪ For example, if a person kills a pedestrian by rash or negligent driving he can be held
liable u/s. 304-A for causing the death and u/s. 279 for rash driving or riding on a public
way.
EXCEPTION 5
Acts forming an offence, also constituting different offence when taken separately or in
groups – S.220(4)
▪ Several acts, each constituting an offence and in combination constituting a different or a
graver offence, may be tried at one trial.
▪ For example, hatching a criminal conspiracy to commit a murder would result in two
offences i.e., 120-B for Criminal Conspiracy and 302 for murder both acts constituting
separate offence, but when combined form a graver offence, can be tried at one trial.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ Section 220(5) provides that provisions of S.220 shall not effect S.71 IPC.
EXCEPTION 6
Where it is doubtful what offence has been committed – S.221
▪ It applies to cases where the facts are not doubtful but the application of the law to the
facts is doubtful.
▪ It applies when from the evidence led by the prosecution it is doubtful which of several
offences has been committed by the accused person.
▪ Section 221(2) gives wide powers to the Court to convict the accused of a crime not the
subject of the charge i.e., not mentioned in the charge provided the following conditions
are fulfilled:
▪ That the crime for which the accused was found guilty was established by the
evidence; and
▪ Having the provided information, it was doubtful which of one or more offences would
be established by the evidence.
▪ The section applies to cognate (similar) offences like criminal breach of trust and theft
and not offences of distinct character such as murder and theft.
EXCEPTION 7
Certain persons may be charged jointly – S.223
▪ This section permits a joint trial of several accused persons in specified cases.
▪ There must be a basic connection between the various offences committed by the several
accused persons.
▪ This section is enacted to benefit the accused.
▪ It also saves the time of the Court as it avoids the peril of multiplicity of proceedings.
▪ The following persons may be charged and tried together:
▪ Persons accused of same offence committed in the course of the same transaction;
▪ Persons accused of different offences committed in the course of same transaction;
▪ Persons accused of an offence and persons accused of abetment or attempt of such
offence;
▪ Persons accused of more than one offence, committed in span on one year as per S.219;

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

▪ Persons accused of offence of theft, extortion, cheating or criminal

misappropriation and persons accused of receiving or retaining or concealing the
stolen property.
Withdrawal of remaining charge on conviction on one of several charges – S.234
▪ A charge cannot be deleted.
▪ It can only be withdrawn u/s. 234, after the judgment is delivered.
▪ S.234 is applicable where the accused is convicted of one of several distinct charges
before the other charges are tried.
▪ The complainant or the officer conducting the prosecution may withdraw the charge or
charges with the consent of the Court.
▪ Such withdrawal shall have effect of acquittal.
▪ Section 234 will not apply where several charges are made u/s. 220(3), 220(4) or 221.
Conviction for an “offence not charged” when such offence is included in “offence
charged” – S.222
▪ A person can be convicted of a minor offence which forms part of the offence with the
which the accused has been charged.
▪ For example if a person is charged for S.302, he could be convicted under section 304,
although he was not charged for the same.
▪ The two offences i.e., minor and major shall be cognate offences are not entirely distinct
ones.
▪ The Principle on which Section 222 is based on is that a graver charge gives notice to the
accused of all circumstances going to constitute the minor one of which he may be
convicted.
▪ The expression “minor offence” is not defined under the Code.
▪ When a person is charged with an offence, he may convicted of an attempt to commit
such an offence although he is not separately charged.

5. Plea Bargaining (S. 265A- 265L,) and compounding of offences ( S. 320 )

Meaning of Plea Bargaining
Plea bargaining is a pretrial negotiation between the accused and the prosecution where the
accused agrees to plead guilty in exchange for certain concessions by the prosecution.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

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.
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 are
excluded

Chapter XXIA Section 265A to 265L and brought the concept of plea bargaining in India. The
following are provisions which it added:-
• Section 265-A (Application of Chapter) the plea bargaining shall be available to the
accused who is charged with any offense other than offenses punishable with death or
imprisonment or for life or of an imprisonment for a term exceeding to seven years.
Section 265 A (2) of the Code gives the power to notify the offenses to the Central
Government.
The Central Government issued Notification No. SO1042 (II) dated 11-7/2006 specifying the
offenses affecting the socio-economic condition of the country.
Section 265-B (Application for Plea Bargaining)
1. A person accused of an offense may file the application of plea bargaining in trails which
are pending.
2. The application for plea bargaining is to be filed by the accused containing brief details
about the case relating to which such application is filed. It includes the offences to which
the case relates and shall be accompanied by an affidavit sworn by the accused stating
therein that he has voluntarily preferred the application, the plea bargaining the nature and
extent of the punishment provided under the law for the offence, the plea bargaining in his
case that he has not previously been convicted by a court in a case in which he had been
charged with the same offence.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

3. The court will thereafter issue the notice to the public prosecutor concerned, investigating
officer of the case, the victim of the case and the accused of the date fixed for the plea
bargaining.
4. When the parties appear, the court shall examine the accused in-camera wherein the other
parties in the case shall not be present, with the motive to satisfy itself that the accused has
filed the application voluntarily.
• Section 265-C (Guidelines for Mutually satisfactory disposition) It lays down the
procedure to be followed by the court in mutually satisfactory disposition. In a case
instituted on a police report, the court shall issue the notice to the public prosecutor
concerned, investigating officer of the case, and the victim of the case and the accused to
participate in the meeting to work out a satisfactory disposition of the case. In a complaint
case, the Court shall issue a notice to the accused and the victim of the case.
• Section 265-D (Report of the mutually satisfactory disposition) This provision talks
about the preparation of the report of mutually satisfactory disposition and submission of
the same. Two situations may arise here namely
1. If in a meeting under section 265-C, a satisfactory disposition of the case has been worked
out, the report of such disposition is to be prepared by the court. It shall be signed by the
presiding officer of the Courts and all other persons who participated in the meeting.
2. If no such disposition has been worked out, the Court shall record such observation and
proceed further in accordance with the provisions of this Code from the stage the
application under sub-section (1) of section 265-B has been filed in such case.
o Section 265-E (Disposal of the case) prescribes the procedure to be followed in disposing
of the cases when a satisfactory disposition of the case is worked out. After completion of
proceedings under Section 265-D, by preparing a report signed by the presiding officer of
the Court and parties in the meeting, the Court has to hear the parties on the quantum of the
punishment or accused entitlement of release on probation of good conduct or after
admonition. Court can either release the accused on probation under the provisions of
Section 360 of the Code or under the Probation of Offenders Act, 1958 or under any other
legal provisions in force or punish the accused, passing the sentence. While punishing the
accused, the Court, at its discretion, can pass sentence of minimum punishment, if the law
provides such minimum punishment for the offenses committed by the accused or if such

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

minimum punishment is not provided, can pass a sentence of one-fourth of the punishment
provided for such offense. ”
o Section 265-F (Judgment of the Court) talks about the pronouncement of judgment in
terms of mutually satisfactory disposition.
o Section 265-G (Finality of Judgment) says that no appeal shall be against such judgment
but Special Leave Petition (Article 136) or writ petition (under Article 226 or 227) can be
filed.
o Section 265-H (Power of the Court in Plea Bargaining) talks about the powers of the
court in plea bargaining. These powers include powers in respect of bail, the trial of
offenses and other matters relating to the disposal of a case in such court under Criminal
Procedure Code.
• Section 265-I (Period of detention undergone by the accused to be set off against the
sentence of imprisonment) says that Section 428 of CrPC is applicable for setting off the
period of detention undergone by the accused against the sentence of imprisonment
imposed under this chapter.
• 265-J (Savings) talks about the provisions of the chapter which shall have effect
notwithstanding anything inconsistent therewith contained in any other provisions of the
Code and nothing in such other provisions shall be construed to contain the meaning of any
provision of chapter XXI-A
• Section 265-K (Statement of the accused to be used) specifies that the statements or facts
stated by the accused in an application under section 265-B shall not be used for any other
purpose except for the purpose as mentioned in the chapter.
• Section 265-L (Non-application of the chapter) makes it clear that this chapter will not
be applicable in case of any juvenile or child as defined in Section 2(k) of Juvenile Justice
(Care and Protection of Children) Act, 2000.
Types of Plea Bargaining
Plea Bargaining is generally of three types namely:-
1. Sentence bargaining;
2. Charge bargaining;
3. Fact bargaining.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Type Meaning

In this type of bargaining the main motive is to get a lesser sentence.

Sentence
In Sentence bargaining, the defendant agrees to plead guilty to the
bargaining
stated charge 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 bargaining in criminal cases.
Charge
Here the defendant agrees to plead guilty to a lesser charge in
bargaining
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 alleged to be against

Fact Criminal Justice System. It occurs when a defendant agrees to
bargaining stipulate to certain facts in order to prevent other facts from being
introduced into evidence.

Compounding of offences-
section 320 of CrPC specifies a list of offences under IPC (Indian Penal Code) which can
be compounded by the victims of those offences.
Meaning-
In certain offences, the parties involved can effect a compromise while the case is under trial in
the court. This is called 'compounding', further action in trial is discontinued.
Cases in which this is permissible are called compoundable offences.

Compounding of offence refers to a compromise that is arrived at by both the parties

pertaining to a case.
So, those offences of IPC which are specifically mentioned under section 320 of CrPC,
can be compounded by both the parties.
Compounding of offences is done only for those offences which are not very severe in
nature.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Offences such as rape, murder, dacoity are offences of serious nature and hence are non -
compoundable offences. This means that the list (Table 1 and Table 2) provided under
this section is exhaustive in nature. Any other offence mentioned in the IPC is a non-
compoundable offence. This is provided in subsection 9 of section 320.

DIFFERENCE BETWEEN COMPOUNDABLE AND NON- COMPOUNDABLE

OFFENCES-

COMPOUNDABLE NON-COMPOUNDABLE

Less serious offences Grave/more serious offences

Impacts only an individual May impact an individual as well as

the society

Offences mentioned under 320 CrPC Every other offence except for those
mentioned in 320 CrPC

Compromise can happen with and without the No compromise can happen under
permission of the court. It depends on the any circumstance.
offence which is committed.

Trial stops after the compromise has been Trial continues till the end where the
reached at. judgement is passed.

Generally, the cases under this are filed by Cases are generally filed by the state
individuals. because of the involvement of many
people.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

CLASSES OF COMPOUNDABLE OFFENCES-

There are two classes of offences mentioned in this section which can be compounded at
the option of the victim.
• The first class of offences are those which do not require the court’s permission in
advance before compounding the offence.
• The second class of offences are those which require prior permission of the court
before compounding can happen.
The court in which the suit has been instituted in the first instance is the court in which
the party can seek permission for the compounding of the offence if required by law.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Unit-V: Trials and their procedures

1. Trial before Court of Session (Ss. 225-237)
2. Trial of warrant cases by Magistrates (Ss. 238-250)
3. Trial of summons cases by Magistrates (Ss. 251-259)
4. Summary Trials (Ss. 260-265)
5. Inquiries and Trials (Ss. 266-339)

1. Trial before Court of Session (Ss. 225-237)

Legal Provisions for the Trials in Criminal Procedure Code

1. Sec 225-237 deal with trial of warrant cases by a Court of Session.
2. Sec 238-250 deal with trial of warrant cases by magistrates.
3. Sections 251-259 provides procedure for trial of summons cases by magistrates.
4. Sections 260-265 make provisions relating to summary trials.

Procedure of Court of Session in Criminal Trial

Chapter XVIII of Cr.P.C. starting with Section 225 and ending with section 237 deals with
provisions governing the trial before a Court of Session.
The court of Sessions has to go through three stages of the Trial:
Procedure for Regular Trial
According to section 225 of the Criminal Procedure Code, the trial before the Court of Session
will be conducted by the Public Prosecutor.
• Section 226: Opening Case for the Prosecution
• Section 227: Discharge
• Section 228: Framing of Charges
• Section 229: Conviction on Plea of Guilty
• Section 230: Date for Prosecution Evidence
• Section 231: Evidence for Prosecution
• Section 232: Acquittal
• Section 233: Entering Upon the Defence

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

• Section 234: Arguments

• Section 235: Judgement
• Section 236: Previous Conviction
Section 226: Opening Case for the Prosecution
When the case is committed to the Session Court, and the accused appears before the Court of
Session, the case will be opened for prosecution by the Public Prosecutor by describing the
charge and stating the evidence.
Section 227: Discharge
Discharge is a mere suspension of the trial. After considering the evidence, if the judge considers
there aren’t sufficient grounds for proceeding against the accused, he’ll discharge the accused
after recording the reason. It will be a speaking order. According to section 319 of the Criminal
Procedure Code, Session Court has the power to add any person against whom there appears
sufficient evidence of his involvement in the case and direct him to be tried with other accused.
Section 228: Framing of Charges
When the case is not exclusively triable by the Session Court, the judge may or may not frame
the charges and would transfer the case to the Chief Judicial Magistrate.
When the case is exclusively triable by the Session Court, the judge shall frame the charges. The
charge then shall be read and explained to the accused. The accused shall then be asked if he
pleads guilty or claims to be tried.
Section 229: Conviction on Plea of Guilty
It is the judge’s discretionary power. If the accused pleads guilty, his plea will be taken on
record, and the judge, upon his discretion, shall convict the accused or fix the date for
prosecution evidence under section 230 of the Criminal Procedure Code.
Section 230: Date for Prosecution Evidence
Suppose the accused claims to be tried or does not pleads or refuses to plead or is not convicted
under section 229 of the Criminal Procedure Code. In that case, the date will be fixed for
examination of the witness or issue of process to call a witness or for production of any object or
thing.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

Section 231: Evidence for Prosecution

On the date so fixed, the judge shall record the evidence. The judge, upon his discretion, shall
postpone the cross-examination of the witness until other witnesses are examined or recall any
other witness for cross-examination.
Section 232: Acquittal
The court can acquit the accused if there is no satisfactory or conclusive evidence that he
committed any offence.
Section 233: Entering Upon the Defence
In case the accused is not acquitted, he shall enter upon his defence and adduce his evidence. He
may file his written statement or application for issue of any process. But such application will
not be accepted if it is with the intent to cause delay or vexatious in nature.
Vexatious means ‘disorderly’ or ‘instituted without sufficient grounds and serving only to annoy
the defendant’.

Section 234: Arguments

When the evidence from the defence is concluded, the prosecution shall sum up the case, and
then the defence is entitled to reply.

Section 235: Judgement

After hearing the arguments, the judge shall deliver the judgement where he shall either acquit or
convict the accused. If the accused is to be convicted, there shall be a hearing on the question of
sentence.
In Allauddin Mian vs State of Bihar, it was held that hearing on the question of sentence is
mandatory.

Section 236: Previous Conviction

Where a previous conviction is charged under section 211(7) of the Criminal Procedure Code,
and the accused refuses to admit it, the judge may, after conviction, take evidence regarding that
previous conviction.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY AYUSH CHOUBEY

2. Trial of warrant cases by Magistrates (Ss. 238-250)

Criminal cases can be divided into two types: Summons Case and Warrant Case.
A summons case relates to an offence not being in a warrant case. Warrant cases are those that
include offences punishable with death penalty, imprisonment for life or imprisonment
exceeding more than two years.
A trial in a warrant case begins by either filing a First Information Report or FIR in a Police
Station or filing it directly before the Magistrate.
Section 238 to 250 of the Criminal Procedure Code, 1973 (CrPC) deals with the trial of warrant
cases by magistrates. Trial of warrant cases are of two types:
1. By a police report- Section 173 of CrPC mentions a police report as a report
forwarded by a police officer to the Magistrate. In this case, the accused appears or is
brought before a magistrate at the commencement of trial. Section 173(2)(i) mentions
that as soon as the police investigation is completed, the police station must forward it
to the Magistrate empowered to take cognizance of the offence.
2. By other than a police report- The complaint is filed directly with the Magistrate in
this case.

Initial steps in the trial

The initial steps involve the filing of an FIR. Once the FIR is filed in the police station, an
investigation is conducted to discover the facts and relevant details of the case. Once the
investigation is completed, a charge-sheet is filed and the documents are forwarded by the police
station to the Magistrate. The steps in warrant cases instituted on police report are:
1. Supply of copy of police report to accused in compliance with Section 207. (Section 238)
2. Discharge of accused on baseless charges. (Section 239)
3. Framing of charges. (Section 240)
4. Conviction on a guilty plea. (Section 241)
5. Evidence for the prosecution. (Section 242)
6. Evidence for defence. (Section 243)
Supply of copies to the accused
A copy of the police report and other documents relevant to the case should be supplied to any
person or persons who appears or is brought before a magistrate at the commencement of the

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

trial. And the Magistrate shall satisfy himself in complying with the provisions of Section 207.
This is to ensure that the accused are aware of the charges against him and can prepare for
defence under fair trial by law.
Discharge of accused if allegations against him are baseless
Once the Magistrate receives the police report and other relevant documents and provides them
to the accused, the Magistrate shall consider each report. A hearing shall be convened and a
reasonable opportunity shall be provided for both the accused prosecution to present their case.
The Magistrate examines the accused if necessary. If the charge against the accused is
discovered to be baseless and lacking in substance, the accused shall be discharged under Section
239.
Framing of charge
Section 240 of CrPC authorises the Magistrate to consider the police report and even to examine
the accused if he feels the need to. If the Magistrate feels the presence of valid grounds to
presume that the accused has committed the offence and is capable of committing such an
offence, and he is competent to try the offence to adequately punish the accused in his opinion.
Then the written charge is framed against the accused and the trial is conducted after the charge
is read and explained to the accused. Framing of the charge is a duty of the court and the matter
must be considered judiciously.
Explaining the charge to the accused
Clause 2 of Section 240 describes that the charge against the accused shall be read and explained
to the accused. Once the accused understands the charges against him, he shall be asked whether
he pleads guilty of the offence or wishes to challenge the charge by a fair trial under the law.
Conviction on a guilty plea
The accused can plead guilty to cut short the procedure of law and reduce the punishment for his
offence. The Magistrate records the guilty plea and convicts the accused on his discretion.
(Section 241)
Evidence for prosecution
Section 242 of CrPC defines the procedure with regards to the gathering of evidence against the
offender and recording the evidence after examination and cross-examination to acquit or convict
an accused individual. In a criminal trial, the case of the state is presented first. The burden of

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

proving the accused guilty is on the prosecution and the evidence must be beyond a reasonable
doubt.
The testimonies of witnesses and any evidence provided to prove the accused had committed the
offence by the prosecution is recorded by the Magistrate.
Evidence for the defence
Section 243 of CrPC describes the procedure with regards to collecting and presenting evidence
in the defence of the accused. After the prosecution is finished with the examination of the
witness, the accused may enter his defence in a written statement and the Magistrate shall file it
with the record.
Initial steps in the trial
The initial steps involve filing a complaint with a magistrate. Once the complaint is filed in the
Magistrate, the accused is brought before the Magistrate or appears voluntarily.
A hearing is conducted to determine the facts of the case. The prosecution begins the steps to
prove that the accused has committed the offence beyond a reasonable doubt. And the defence
can take the necessary steps to challenge the accusations and prove that the accused did not
commit the offence. The steps in warrant cases instituted otherwise than on a police report are:
1. The preliminary hearing of the prosecution’s case.
2. Discharge of accused if the accusation is baseless. (Section 245)
3. Framing of charge. (Section 246)
4. Explaining charge to the accused. (Section 246(2))
5. Conviction on a guilty plea. (Section 246(3))
6. Choice of the accused to recall prosecution’s witness. (Section 246(5))
7. Evidence for Prosecution. (Section 244)
8. Evidence for Defence. (Section 247)

If the Magistrate determines that no case has been made out as the accusations lack substance
and are groundless than the case will be dismissed and the accused shall be discharged.
Discharge of accused
Section 245 of CrPC states that the accused shall be discharged by the Magistrate if no case has
been made out against him by the prosecution, which if unchallenged would warrant his
conviction.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Framing of charge
Once all the evidence is presented to the Magistrate by the prosecution and after the examination
of said evidence is conducted by him, the Magistrate is of the opinion that there is a reasonable
ground for the accusations mentioned in the complaint and the accused is capable of committing
the offence; a charge is framed and a fair trial is conducted.
Explaining the charge to the accused
Section 246(2) states that the charge against the accused should be read and explained to him,
and he shall be asked whether he wishes to plead guilty to the charges or contest the said charges
by proceeding with a trial.
Conviction on a guilty plea
Section 246(3) gives the accused an opportunity to plead guilty and present himself in mercy of
the court. The Magistrate has the authority to record the guilty plea, convict and punish the
accused as he sees fit.
Evidence for prosecution
Section 244 states that in warrant cases instituted otherwise than a police report and filed directly
with the Magistrate, the accused is presented before the Magistrate who begins the hearing
process by summoning the witnesses named by the prosecution and taking all the pieces of
evidence produced as such. All evidence must be taken into consideration as under Section
138 of the Indian Evidence Act and filed with the record by the Magistrate.
Summoning witnesses
The application is made to the Magistrate by the prosecution to summon any witnesses and the
Magistrate issues the order to summon any witnesses or produce any document or thing in
relation to the case.

Absence of complainant
Section 249 states that when the proceedings have been instituted upon complaint directly with
the Magistrate, and the complainant is absent on the date and time of the proceedings set by the
Magistrate; and the offence may be compoundable and non-cognizable, the Magistrate may at
any time before the charges are framed against the accused, discharge him. It is the discretion of
the Magistrate to discharge the accused or proceed with the case.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Examination of witnesses
The Magistrates examines the witnesses after summoning them to the Court.
Conclusion of the trial
The trial can only end in either a conviction or acquittal of the accused. The decision of the Court
with regards to the conviction or acquittal of an accused is known as judgement.
Judgement of acquittal or conviction
Section 248 states that once the decision is made after the Magistrate examines the evidence, the
judgement is delivered. If the accused is not found guilty, an order of acquittal shall be recorded
by the Magistrate under as stated under Section 248(1). If the accused is found guilty, the
Magistrate after hearing the accused shall pass the sentence if he does not proceed in accordance
with the provisions of Section 325 or Section 360. And this order of conviction shall be recorded
as under Section 248(2).
Compensation for accusation without a reasonable cause.
Section 250 discusses the procedure related to cases where a case is instituted on complaint to a
magistrate or police officer and the Magistrate finds that there is no ground against the accused
person. The accused shall be discharged immediately. The complainant shall be summoned to
justify his complaint and explain why he should not pay compensation to the person against
whom the complaint was made.

3. Trial of summons cases by Magistrates (Ss. 251-259)

“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 cases are those in which punishment will not exceed imprisonment for two years.
The procedure to deal with such matter provided in section 251 to 259 of Cr.P.C, 1973 which is
not as serious/formal as other trials (Session trial, warrant case instituted on the police report and
warrant cases instituted otherwise than on police report).
Procedure of trial in summon-cases
Explanation of the particulars of the offence
Section 251 provides that it is not mandatory to frame charges but the section does not dispense
with the explanation of the particulars of the offence when accused is brought or appear before
the Court. This is done to make the accused cognizant for the allegations made against him. If in

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

case unable to convey the particulars than this will not vitiate the trial and it will not lead to the
prejudice with the accused as this irregularity is remediable under section 465 of the code. Under
section 251 courts shall ask the accused whether the accused pleads guilty, and section 252 and
253 needs to comply for conviction on such plea of guilty.
Conviction on plea of guilty
Section 252 and 253 provides conviction on the plea of guilty. Section 252 provides plea of
guilty in general and section 253 provides plea of guilty in case of the petty cases.
If not affirmative than the court needs to proceed further with Section 254.
After recording the evidence under 254 the magistrate will acquit the accused if he finds the
accused not guilty. If the accused is guilty than Magistrate shall proceed according to Section
360 or 325 otherwise, sentence him according to the law.
Non-appearance or the death of the complainant
According to section 256 on the date fixed for the appearance of the accused nonexistence of the
complainant will empower the court to acquit the accused unless the court has the reason to
adjourn the case to some other day.
There is no provision of discharge in summon cases instituted on complaint accused will be
either convicted or acquitted.

4. Summary Trials (Ss. 260-265)

Summary Trial (Sec.260-265)
Scope & Object
▪ Summery trial implies speedy disposal of cases.
▪ A case can be tried and disposed of at once.
▪ Summary trial is not intended for a contentious and complicated case which necessitates
a lengthy trial.
▪ The object of summary trial is to have a record sufficient for the purpose of justice but
not so long as to impeded speedy disposal of cases.
▪ Summary trial is an abridges form of regular trial and is a short cut in procedure.
▪ The maximum punishment that can be given in a summary trial is 3 months.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Judicial Officer Empowered to try summarily – S.260(1)

▪ It is pertinent to note that the very nature of summary trial requires that experienced and
senior judicial officers shall try the case in a summary manner, the same is mentioned as
follows:
▪ Chief Judicial Magistrate;
▪ Metropolitan Magistrate;
▪ Judicial Magistrate of the First Class Can only exercise such powers upon
▪ Any other Magistrate being empowered by the High
▪ If any judicial magistrate who tries a case in a summary manner is not empowered to do
so, such proceedings shall be void.
Offences Triable in a Summary Way – S.260(2)
The following offences are triable in a summary way:
1. Any offence punishable with imprisonment for less than 2 years;
2. Theft, where the value of property is less than Rs. 2000;
3. Receiving stolen property, where the value of property is less than Rs. 2000;
4. Concealing or Disposing stolen property, where the value of property is less than Rs.
2000;
5. House trespass or house breaking;
6. Insult with intent to provoke a breach of peace;
7. Abetment of any of the above-mentioned offences;
8. Attempt to commit any offence mentioned above;
9. Any offence under Section 20, Cattle Trespass Act, 1871
Procedure to be followed in Summary Trials – S.262
Summons Case Procedure subject to Ss. 262 to 265 – S.262(1)
▪ The procedure affixed for a summons case shall be followed.
▪ However, the provisions of Ss.262 to 265 will have an overriding effect on the already
existing provision of summons case.
▪ Even if a case happens to be a warrants case still the abovementioned procedure shall be
followed because of the summary nature of the case.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Punishment Awardable – S.262(2)

▪ In a summary trial the maximum punishment that the authorized court can ward is
imprisonment up to three months.
▪ However, there is no restriction on the amount of fine that can be imposed upon
conviction.
Summary Trial to be given up in favor of Regular Trial
▪ In case the Magistrate is confronted with such compelling reasons that he deems
undesirable to try the case in a summary manner, in such a case he may order a regular
trial to take place.
▪ In such scenario, the Magistrate shall start the trial de novo and examine all the witnesses
even those who have been examined earlier under the summary trial procedure.
Record in Summary Trials – S.263
The record of the summary trial shall contain the following particulars of the case:
1. Serial number;
2. Date of commission of offence;
3. Date of report or complaint;
4. Name of the complainant;
5. Details of the accused;
6. Value of the property;
7. Details of the offence;
8. Pleas of the accused;
9. Findings;
10. Sentence & final order;
11. Date on which the proceedings terminated.
Judgment in cases tried Summarily – S.264
▪ The Magistrate shall record the following in case the accused does not plead guilty:
▪ Substance of Evidence;
▪ A Judgment
▪ The Judgment shall be such that the Court of appeal or revision should be able to peruse
the contents of the same and understand the same.
▪ Every record shall be written in the language of the Court. S.265(1)

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

▪ The record and the judgment shall be prepare and signed by the Magistrate.

5. Inquiries and Trials (Ss. 266-339)

Investigation, Inquiry and Trial
An investigation is the first step taken by the police officer. in any matter of offence and the
culprit thereof.
Inquiry includes everything done by a Magistrate, irrespective of whether the case has been
challenged or not.
A trial is a judicial proceeding that ends either with conviction or acquittal.
Chapter XXIV of The Code of Criminal Procedure, 1973 deals with the general provisions of
Inquiries and trials. Inquiries and trials are just two stages out of the various stages that help in
deciding the due course of a criminal nature.
Investigation
Investigation has been defined under Section 2(h) of CrPC. Investigation includes all the
proceedings under the Code required for the collection of evidence. It is conducted by a Police
Officer or by any person other than a magistrate, who has been authorized by the magistrate on
this behalf.
Steps of Investigation
• Proceeding to the spot where the offence has been committed.
• Ascertain the facts and circumstances of the case.
• Discovery and arresting the suspected offender.
• Collecting evidence of the offence that may consist of:
o Examination of various persons (including accused) and reduction of his
statement into writing, if it is deemed fit by the officer.
o The search and seizure that are considered necessary for investigation and
to produce before trial.
Who has the Authority to Investigate?
The police officer or any other person who has been authorized by a Magistrate on his behalf is
competent to investigate.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Commencement of Investigation
There are two ways to commence the investigation:
• The police officer in charge has the authority to investigate when the FIR is lodged.
• When the complaint has been made to the Magistrate then any person who has been
authorized by the Magistrate can investigate in this regard.
Malafide Investigation
If investigating agencies conduct mala fide investigation, then it is open to correction by
invoking the jurisdiction of the High Court.
Inquiry
An inquiry is done either by a Magistrate or it is done by the Court but not by a police official.
Investigation differs from inquiry.
According to Section 2(g) of The Code of Civil Procedure, Inquiry includes every inquiry except
for a trial conducted under this Code, that is done either by a Magistrate or by the Court. The
inquiry relates to the proceedings that are carried out by the Magistrate before a trial is done.
Section 159 of CrPC empowers the Magistrate on a receipt of a police report under Section 157
of CrPC, to hold a preliminary enquiry to ascertain whether an offence has been committed. If
the offence has been committed then, whether any person should be put upon trial.
Types of Inquiry
• Judicial Inquiry
• Non-Judicial Inquiry/ Administrative Inquiry
• Preliminary Inquiry
• Local Inquiry
• Inquiry into an offence
• Inquiry related to matters other than an offence
Under Section 159 of CrPC, the Magistrate is empowered to hold a preliminary inquiry on
receipt of the police report under Section 157 of CrPC, to ascertain whether an offence is
committed and if an offence has been committed then whether any person has to be put upon
trial.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Difference between Investigation and Inquiry

Object: The object of investigation is to collect the evidence related to the case, whereas the
object of inquiry is to determine the truth or falsity of certain facts related to the offence, in order
to take a further step.
Authority: An investigation is done by a Police Officer or by any person other than a Court or a
Magistrate, whereas inquiry must be done by a Magistrate or Court.
Stage: Investigation is the first stage of any case and the Magistrate further proceeds with an
inquiry.
Commencement: Investigation commences after the FIR is lodged or a complaint is made
before a Magistrate, whereas Inquiry commences after the complaint has been filed to a
Magistrate.
Trial
The Code of Criminal Procedure does not define the term trial. A trial is a judicial proceeding
that ends in either a conviction or acquittal but does not discharge anyone. It is examination and
determination by a judicial tribunal over a cause which has jurisdiction over it.
There are generally three types of trials:
• Trial by Court of a session.
• Trial by a magistrate (can we summon or warranty case).
• Summary trials.
Mode of taking and Recording Evidence
Section 272 to 283 of CrPC read with rules under Chapter XII of General Rules and Circular
Order Volume I, explains the Mode of taking and recording Evidence in criminal cases. The
following are the modes of recording evidence:
Section 273– It is mandatory to record all the evidence only in the presence of the accused when
his personal attendance has been dispensed, the evidence must be recorded in the presence of a
pleader.
Section 274– Magistrate shall record a memorandum of the substance of evidence in the court
language and must be signed by the Magistrate.
Section 275(1)– In all the warrant cases, the evidence of each witness shall be in writing by
Magistrate or under his direction if the Magistrate is unable to do so due to some physical or
other incapacities, under his direction and superintendence, by the officer of the court who is

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

appointed by the Magistrate on his behalf. The evidence under this subsection is to be recorded
by audio-video electronic.
Section 275(3)– This section permits the Magistrate to record evidence in question and answer
form.
Section 276– In Session Court, the recording should be done in a narrative form. The presiding
officer at his discretion can take down any part of the evidence in question and answer format
which has to be signed by him
Section 278– When the evidence of a witness is completed, it should be read over to the accused
or his pleader. This shouldn’t be done at the end of the day when all the witnesses have been
examined. The evidence if needed can be corrected by the accused.
Section 280– The presiding judge or magistrate is empowered to record the remarks.
Marking of Exhibits
Some evidence shall be submitted by the prosecution, this evidence has to be marked with the
number in the order in which they are submitted. The documents that are admitted on behalf of
defence shall be marked with capital letter alphabets. If in case neither party does not accept the
evidence then the evidence shall be marked as Ext C-I, C-II etc.

Commissions for Examination of Witnesses under Section 284-299

284. When attendance of witness may be dispensed with and commission issued.—
In the course of any inquiry, trial or other proceedings under the Criminal Procedure Code, if it
appears to the Court that the examination of a witness is necessary for the ends of justice, and
that the attendance of such a witness cannot be procured without unreasonable delay, expense or
inconvenience, the Court may dispense with such attendance, and instead, it may issue a
commission for the examination of the witness as per the following provisions.
However, if such an examination is of the President, Vice-President of India or the Governor of a
State or an Administrator of a Union Territory, a commission must be issued for the examination
of such a person as a witness, if it is necessary for the ends of justice.
Whenever a Court issues a commission for the examination of a witness for the prosecution, it
may direct that such amount as it may consider reasonable to meet the expenses of the accused
(including the Pleader’s fees) be paid by the prosecution.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

285. Commission to whom to be issued.—

If the witness is within the territory to which the Criminal Procedure Code extends, the
commission is to be directed to the Chief Metropolitan Magistrate or the Chief Judicial
Magistrate, as the case may be, within whose local jurisdiction the witness is to be found, if,
however, the witness is in India, but not in any State or area to which the Code extends, the
commission is to be directed to such Court or Officer as the Central Government may specify by
a notification.
If, however, the witness is in any country or place outside India, and arrangements have been
made by the Central Government with the Government of such country or place for taking the
evidence of witnesses in relation to criminal matters, the commission is to be issued in such form
and is to be sent to such authority for transmission as the Central Government may prescribe by
notification.
286. Execution of commissions.-
On receipt of the commission, the Magistrate to whom the commission is addressed must
summon the witness before him, or alternatively proceed to the place where the witness is, and
take down his evidence in the same manner as a trial of warrant-cases under the Code.

287. Parties may examine witnesses.—

The parties to any proceeding in which a commission is issued may forward interrogatories in
writing, which the Court directing the commission may think relevant to the issue, and in such
case, it would be lawful for the Court to whom the commission is directed to examine the
witness upon such interrogatories. Any such party may appear before the Court by Pleader or in
person, and may examine, cross-examine and re-examine the witness.

288. Return of commission.

After any commission has been duly executed, it is to be returned, together with the deposition of
the witnesses examined, to the Court issuing the commission. The commission, the
accompanying return and the deposition are to be kept open for inspection of the parties at all
reasonable times, and subject to all just exceptions, may be read in evidence by either party and
form part of the record of the case.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

289. Adjournment of proceeding.—

In every case where a commission is issued, the inquiry, trial or other proceeding may be
adjourned for a specified time which may be reasonably sufficient for the execution and return of
the commission.
290. Execution of foreign commissions.—
The execution of a commission and its return shall apply in respect of commissions issued by
any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India
under the law in force in that country or place, to issue commissions for the examination of
witnesses in relation to criminal matters.
291. Deposition of medical witness.—
(1) The deposition of civil surgeon or other medical witness, taken and attested by a Magistrate
in the presence of the accused, or taken on commission under this Chapter, may be given in
evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not
called as a witness.
291A. Identification report of Magistrate.—
(1) Any document purporting to be a report of identification under the hand of an Executive
Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or
other proceeding under this Code, although such Magistrate is not called as a witness.
292. Evidence of officers of the Mint.—
(1) Any document purporting to be a report under the hand of any such [officer of any Mint or of
any Note Printing Press or of any Security Printing Press , may be used as evidence in any
inquiry, trial or other proceeding under this Code, although such officer is not called as a
witness.
293. Reports of certain Government scientific experts.—
(1) Any document purporting to be a report under the hand of a Government scientific expert
may be used as evidence in any inquiry, trial or other proceeding under this Code.
294. No formal proof of certain documents.—(1)Where any document is filed before any Court
by the prosecution or the accused, the particulars of every such document shall be included in a
list and the prosecution or the accused, be called upon to admit or deny the genuineness of each
such document.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Where the genuineness of any document is not disputed, such document may be read in evidence
in inquiry, trial or other proceeding under this Code without proof of the signature of the person
to whom it purports to be signed.
S. 295 provides that if any application is made to any Court in the course of any inquiry, trial or
other proceeding under the Code, and allegations are made therein regarding any public servant,
the applicant may give evidence of the facts alleged in the application in the form of an affidavit.
S. 296 provides that the evidence of any person whose evidence is of a formal character can also
be given by affidavit, and subject to all just exceptions it can be read in evidence in any inquiry,
trial or other proceedings under the Code.
297. Authorities before whom affidavits may be sworn.—
Affidavits to be used before any Court under this Code may be sworn or affirmed before—
(a) any Judge or Judicial or Executive Magistrate, or
(b) any Commissioner of Oaths appointed by a High Court or Court of Session, or
(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).

Previous conviction or acquittal, how proved:

S. 298 provides that in any inquiry, trial or other proceedings, a previous conviction or acquittal
can be proved in the following two ways, in addition to any other mode of proving the same
under any other law:
(a) By an extract certified by the Officer having the custody of the record of the Court in which
such conviction or acquittal was held, to be a copy of the sentence or order; or
(b) In case of a conviction, either by a certificate signed by an Officer-in-charge of the Jail, or by
production of the warrant of commitment under which the punishment was suffered.
Record of evidence in absence of the accused:
S. 299 provides that if it is proved that the accused has absconded and there is no immediate
prospect of arresting him, the Court which is competent to try him, or commit him for trial, may,
in his absence, examine the witness, if any, produced on behalf of the prosecution and record
their depositions.
On the arrest of the accused person, such depositions can be given in evidence against him, if the
deponent is dead, or incapable of giving evidence, or cannot be found, or if his presence cannot
be procured without unreasonable delay, expense or inconvenience.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 300. Person once convicted or acquitted not to be tried for same offence.—
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.
A person acquitted or convicted of any offence may be afterwards tried, for any distinct offence
for which a separate charge might have been made against him at the former trial.
Acquittal of the person again for the same offence
The French terms Autrefois Acquit and Autrefois Convict, meaning “previously acquitted” and
“previously convicted” respectively. A plea of autrefois acquit means that a person cannot be
tried for an offence for the reason that he has been acquitted previously in the same offence and
such a plea combined or taken with a plea of not guilty.
Whereas, a plea of autrefois convict means that a person cannot be tried for an offence for the
reason that he has been convicted previously in the same offence and such a plea combined with
a plea of not guilty.
This doctrine is basically a rule against double jeopardy, which means a person cannot be tried
once again for the same offence if he has either been acquitted or convicted in a trial relating to
the similar offence.
It is provided under Article 20(2) of The Indian Constitution that “No person shall be prosecuted
and punished for the same offence more than once”. The same principle has been provided
under Section 300 of The Code of Criminal Procedure, 1973 and in Section 26 of The General
Clauses Act, 1897.
Section 300 of CrPC is based upon the maxim “nemo debet bis vexari” which means that a
person shall not be brought into danger more than once for the same offence.
301. Appearance by Public Prosecutors.—
(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and
plead without any written authority before any Court in which that case is under inquiry, trial or
appeal.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Permission to conduct a prosecution

Section 302 of CrPC grants permission to the Magistrate who is inquiring into or trying a case
may permit the prosecution to be conducted by any person who is not a police officer but should
be below a rank of Inspector.

303. Right of person against whom proceedings are instituted to be defended.—

Any person accused of an offence before a Criminal Court, or against whom proceedings are
instituted under this Code, may of right be defended by a pleader of his choice.
304. Legal aid to accused at State expense in certain cases.—
(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and
where it appears to the Court that the accused has not sufficient means to engage a pleader, the
Court shall assign a pleader for his defence at the expense of the State.
305. Procedure when corporation or registered society is an accused.—
Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it
may appoint a representative for the purpose of the inquiry or trial and such appointment need
not be under the seal of the corporation.

Accomplice
Accomplice is a witness to the crime, who is connected with the crime by any unlawful act or
omission, with his active or inactive participation to the crime some way or the other and he/she
admits his/her active involvement in the crime.
Section 133 of the Indian Evidence Act, 1872 talks about accomplice witness. According to it, an
accomplice is a competent witness against an accused person.
306. Tender of pardon to accomplice.—
(1) With a view to obtaining the evidence of any person supposed to have been directly or
indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial
Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the
trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at
any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a
full and true disclosure of the whole of the circumstances within his knowledge relative to the
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

offence and to every other person concerned, whether as principal or abettor, in the commission
thereof.
(2) This section applies to—
(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge
appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(b) any offence punishable with imprisonment which may extend to seven years or with a more
severe sentence.
(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—
(a) his reasons for so doing;
(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on
application made by the accused, furnish him with a copy of such record free of cost.
(4) Every person accepting a tender of pardon made under sub-section (1)—
(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the
offence and in the subsequent trial, if any;
(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.
(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been
examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without
making any further inquiry in the case—
(a) commit it for trial—
(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate
taking cognizance is the Chief Judicial Magistrate;
(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of
1952), if the offence is triable exclusively by that Court;
(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case
himself.
307. Power to direct tender of pardon.—
At any time after commitment of a case but before judgment is passed, the Court to which the
commitment is made may, with a view to obtaining at the trial the evidence of any person
supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a
pardon on the same condition to such person.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

308. Trial of person not complying with conditions of pardon.—

(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or
section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully
concealing anything essential or by giving false evidence, not complied with the condition on
which the tender was made, such person may be tried for the offence in respect of which the
pardon was so tendered or for any other offence of which he appears to have been guilty in
connection with the same matter, and also for the offence of giving false evidence.
309. Power to postpone or adjourn proceedings.—
[(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the
witnesses in attendance have been examined, unless the Court finds the adjournment of the same
beyond the following day to be necessary for reasons to be recorded.
when the inquiry or trial relates to an offence under section 376, section 376A, section 376B,
section 376C or section 376D of the Indian Penal Code (45 of 1860), the inquiry or trial shall, as
far as possible be completed within a period of two months from the date of filing of the charge
sheet.
301. Appearance by Public Prosecutors.—
Public prosecutors
Section 24 of The Code of Criminal Procedure defines Public Prosecutor. A Public Prosecutor is
considered as an agent of a State, he represents the interest of the common people in the criminal
justice system.
Section 24 talks about the appointment of Public Prosecutor in District Court and the High Court
by the State Government and Central Government respectively.
Functions of Public Prosecutor
• Public Prosecutor- supervises the functions of an Additional Public Prosecutor in
Session Court and High Court.
• Chief Prosecutor- supervises the functions of an Assistant Public Prosecutor in a
Metropolitan Magistrate Court.
• Additional Prosecutor- conducts criminal proceedings in a Session Court.
• Assistant Public Prosecutor- examine the charge sheet that is operated by the agencies
and submits acquittal or discharge. They are even responsible for the evaluation of
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

evidence as well as filing of petitions. They even conduct criminal proceedings in

Metropolitan Magistrate Court.
• Director of Prosecution- This is the head office, they exercise overall control and
supervision of officers of Directorate. They look after the accounts branch.
Role of a Public Prosecutor
The role of a public prosecutor is divided into parts:
• In the investigation process.
• During trial.
Role of a Public Prosecutor during the investigation process
• To obtain an arrest warrant by making an appearance in the Court.
• To obtain a search warrant in order to conduct a search in the specified premises.
• To obtain remand of police custody for the interrogation that includes custodial
interrogation of the accused.
• To initiate a proceeding for declaring the non-traceable offender as a proclaimed
offender.
• To record in the police report the evidence of the accused with regard to the
advisability of the prosecution.
Role of a public prosecutor at the time of trial
• If the accused is proven guilty then the Public Prosecutor and the defence counsel
argue further to decide the quantum of the punishment.
• The prosecutors have a responsibility to call upon all the witnesses whose evidence is
an essential element in deciding the case. They also have to cross-examine the witness
and make sure that no witness is left unexamined and to produce all necessary
documents.
Permission to conduct a prosecution
Section 302 of CrPC grants permission to the Magistrate who is inquiring into or trying a case
may permit the prosecution to be conducted by any person who is not a police officer but should
be below a rank of Inspector.
314. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may,
as soon as may be, after the close of his evidence, address concise oral arguments, and may,
before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

concisely and under distinct headings, the arguments in support of his case and every such
memorandum shall form part of the record. (2) A copy of every such memorandum shall be
simultaneously furnished to the opposite party. (3) No adjournment of the proceedings shall be
granted for the purpose of filing the written arguments unless the Court, for reasons to be
recorded in writing, considers it necessary to grant such adjournment. (4) The Court may, if it is
of opinion that the oral arguments are not concise or relevant, regulate such arguments.

315. Accused person to be competent witness.—

(1) Any person accused of an offence before a Criminal Court shall be a competent witness for
the defence and may give evidence on oath in disproof of the charges made against him or any
person charged together with him at the same trial.

321. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in

charge of a case may, with the consent of the Court, at any time before the judgment is
pronounced, withdraw from the prosecution of any person either generally or in respect of any
one or more of the offences for which he is tried; and, upon such withdrawal,— (a) if it is made
before a charge has been framed, the accused shall be discharged in respect of such offence or
offences; (b) if it is made after a charge has been framed, or when under this Code no charge is
required, he shall be acquitted in respect of such offence or offences:

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Unit-VI: Judgment (353-365) Appeals (372-394)

1. Form, content and Modes of providing Judgment (Ss. 353,354, )
2. Compensation and Cost ( S. 357, 357A, 357B, 357C, 358,362, 363)
3. Post Conviction order (S. 360- 362)
4. Right of Appeal, Appeal against conviction (372- 377), Appeal against Acquittal (S. 378)
5. Procedure of Appeal ( S. 379 - 394)

1. Form, content and Modes of providing Judgment (Ss. 353,354, )

Chapter XXVII of the CrPC, 1973, deals with Judgement. However there is no definition of
“judgement” present in the Code, but it is to be understood as the final order of the Court.
Judgment is the act of judging. It was pointed out that judgment should clearly mention the
reason for accepting an argument and rejecting the other.
Form and contents of the judgment under Section 353
In a judgement Ratio decidendi and Obiter dicta form an integral part. Ratio decidendi is the
binding statement in judgement and Obiter Dicta is the “by the way” remarks delivered by the
judge which is not necessary to the case at hand.
These two are very important as they define the legal principles which are useful to the legal
fraternity.
If the judgement is of acquittal-
• Whether the evidence of the prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove it beyond a reasonable doubt.
• If the act or omission from which the liability might arise doesn’t exist.
If the judgement is of conviction-
• The essential elements of the offence committed by the accused and the intervening
circumstances which led to the commission of this offence.
• Participation of the accused as the principal perpetrator, or accomplice or accessory.
• The penalty that is imposed on the accused.
Language and contents of judgment
1. Under Section 354, of CrPC, it is stated that every judgement should be:
• In the language of the Court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

• Shall contain the points of determination and the reason for the same.
• The offence should be specified and the reason for the same should be given for the
same. The offence so committed must be mentioned in the IPC or any other law under
which the crime is committed and the punishment is given.
• If the offender is acquitted, the offence for which he was acquitted, the reason for the
same and it must be specified that a person is now a free man.

Modes of pronouncing the judgment under Section 353

Under Section 353, of the CrPC, the judgment in every trial in any Criminal Court of original
jurisdiction must be pronounced in open Court by the presiding officer just after the termination
of the trial or at some subsequent time. The notice of that time shall be given to the parties or
their pleaders. The various modes of pronouncement of judgement are:
• by delivering the whole judgment.
• by reading out the whole judgment.
• by reading out the operative part of the judgment and explaining the substance of the
judgment in a language which is understood by the guilty or his pleader.

2. Compensation and Cost ( S. 357, 357A, 357B, 357C, 358,362, 363)

Laws governing compensation of victims of crime in India
Under Section 357 of the Code, if the judgement is that of the conviction then the Court can
order the accused to pay compensation over and above the sentence of fine or imprisonment that
is awarded to him. The Court can, ask the offender, to pay compensation.
The provisions relating to compensation to victims of crime are contained in sections 357,
357(1), 357 (2), 357 (3), 357A, 358, 359 and 250 of the Code of Criminal Procedure, 1973.
When an accused is proven guilty, and the court passes an order which contains a fine of any
denomination, the court can order such fine or any part of it to be paid to the victim of crime.
The fine imposed is utilised to compensate the victim of fine in the following ways.
Compensating for the expenses incurred during litigation (357 1 a)
This is the essential relief which a victim of a crime must get. Litigation costs in India are very
arbitrary. The lawyer charges hefty amount. Getting justice at times adds to the burden of the
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

victim itself. Instead of getting justice, the victim is trapped in the honeycomb of justice delivery
system.
Compensation for loss or injury to be recovered by the civil court
If the court is of the view that, the compensation sought is beyond the jurisdiction of the court,
the court itself orders the appropriate court to look into the matter.

3. Post Conviction order (S. 360- 362)

360. Order to release on probation of good conduct or after admonition.—
(1) When any person not under twenty-one years of age is convicted of an offence punishable
with fine only or with imprisonment for a term of seven years or less, or
when any person under twenty-one years of age or any woman is convicted of an offence not
punishable with death or imprisonment for life, and no previous conviction is proved against the
offender,
if it appears to the Court before which he is convicted, regard being had to the age, character or
antecedents of the offender, and to the circumstances in which the offence was committed,
that it is expedient that the offender should be released on probation of good conduct,
the Court may, instead of sentencing him at once to any punishment, direct that he be released on
his entering into a bond, with or without sureties, to appear and receive sentence when called
upon during such period (not exceeding three years) as the Court may direct, and in the
meantime to keep the peace and be of good behaviour.
4. Right of Appeal, Appeal against conviction (372- 377), Appeal against Acquittal (S. 378)
victim
The Code of Criminal Procedure (Amendment) Act, 2008, defined a victim under Section
2(wa) as an individual who has suffered any loss or injury due to the actions or omissions of the
accused person.
Under Section 372 of the Code of Criminal Procedure, the right to appeal against acquittal is
conferred on the victim only.
As per section 372 victim shall have a right to prefer an appeal against any order passed by the
Court acquitting the accused or convicting for a lesser offence or imposing inadequate
compensation.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Section 373 provides that-

Any person,—
(i) who has been ordered under section 117 to give security for keeping the peace or for good
behaviour, or
(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121,
may appeal against such order to the Court of Session.

374. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its
extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or
on a trial held by any other court in which a sentence of imprisonment for more than seven
years [has been passed against him or against any other person convicted at the same trial], may
appeal to the High Court.
(3) any person convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge
or Magistrate of the first class, or of the second class, may appeal to the Court of Session.
No appeal can be filed - where an accused person has pleaded guilty and has been convicted by
High Court or by a Court of Session or Magistrate on such plea, there shall be no appeal.
Section 376. No appeal in petty cases.— There shall be no appeal by a convicted person in any
of the following cases, namely:
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six
months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of
imprisonment for a term not exceeding three months or of fine not exceeding two hundred
rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one
hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes
only a sentence of fine not exceeding two hundred rupees.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

377. Appeal by the State Government against sentence.—

The State Government may, in any case of conviction on a trial held by any Court other than a
High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground
of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.

378. Appeal in case of acquittal.—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to
the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable
and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to
the High Court from an original or appellate order of acquittal passed by any Court other than a
High Court.
No appeal to the High Court shall be entertained except with the leave of the High Court.
5. Procedure of Appeal ( S. 379 - 394)
S. 379 - Where the High Court has, on appeal, reversed an order of acquittal of an accused
person and convicted him and sentenced him to death or to imprisonment for life or to
imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
Section 380 when more persons than one are convicted in one trial all or any of the persons
convicted at such trial shall have a right of appeal.
382. Petition of appeal.— Every appeal shall be made in the form of a petition in writing
presented by the appellant or his pleader, and every such petition shall (unless the Court to which
it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed
against.
383. Procedure when appellant in jail.—If the appellant is in jail, he may present his petition
of appeal and the copies accompanying the same to the officer in charge of the jail, who shall
thereupon forward such petition and copies to the proper Appellate Court.
384. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of
the judgment received under section 382 or section 383, the Appellate Court considers that there
is no sufficient ground for interfering, it may dismiss the appeal summarily.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of
the Chief Judicial Magistrate, it shall record its reasons for doing so.
385. Procedure for hearing appeals not dismissed summarily.—
(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time
and place at which such appeal will be heard to be given—
(i) to the appellant or his pleader;
(ii) to such officer as the State Government may appoint in this behalf;
(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the
complainant;
(iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such
officer, complainant and accused with a copy of the grounds of appeal
386. Powers of the Appellate Court.—After perusing such record and hearing the appellant or
his pleader, and the Public Prosecutor- if it considers that there is no sufficient ground for
interfering, dismiss the appeal, or may—
(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be
made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty
and pass sentence on him according to law;
(b) in an appeal from a conviction—
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-
tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for
trial, or
(ii) alter the finding, maintaining the sentence, or
(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of
the sentence, but not so as to enhance the same—
(c) in an appeal for enhancement of sentence—
(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-
tried by a Court competent to try the offence, or
(ii) alter the finding maintaining the sentence, or
(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent,
of the sentence, so as to enhance or reduce the same

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

(d) in an appeal from any other order, alter or reverse such order;
(e) make any amendment or any consequential or incidental order that may be just or proper:
388. Order of High Court on appeal to be certified to lower Court.—
(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its
judgment or order to the Court by which the finding, sentence or order appealed against was
recorded or passed.
(2) The Court to which the High Court certifies its judgment or order shall thereupon make such
orders as are conformable to the judgment or order of the High Court; and if necessary, the
record shall be amended in accordance therewith.
389. Suspension of sentence pending the appeal; release of appellant on bail.—
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be
recorded by it in writing, order that the execution of the sentence or order appealed against be
suspended and, also, if he is in confinement, that he be released on bail, or on his own bond:
where a convicted person is released on bail it shall be open to the Public Prosecutor to file an
application for the cancellation of the bail.
390. Arrest of accused in appeal from acquittal.—
When an appeal is presented under section 378, the High Court may issue a warrant directing
that the accused be arrested and brought before it or may commit him to prison pending the
disposal of the appeal or admit him to bail.
391. Appellate Court may take further evidence or direct it to be taken.—
the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and
may either take such evidence itself, or direct it to be taken by a Magistrate.
393. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate
Court upon an appeal shall be final.
394. Abatement of appeals.—(1) Every other appeal under section 377 or section 378 shall
finally abate on the death of the accused.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Unit - VII Reference and Revision (395-405), Execution, Suspension, remission, and
Commutation of sentences
1. Reference to High Court ( S. 395)
2. Revisional Jurisdiction (Ss. 397-401) Revisional Conditions & Powers of Revisional Courts.
3. Execution of sentences ( S. 413- 424)
4. Suspension (S.432), Postponement ( S. 415, 416)
5. Remission and Commutation of sentences (S. 433-A)

1. Reference to High Court ( S. 395)

No human is perfect this can apply to Judges or Magistrates. Section 395 to Section 405 of
Criminal Procedure Code, 1973, deals with the powers of reference and revision granted to the
higher courts; those powers are discretionary and extensive.
Reference:
Reference can be defined as to transfer or to send something.
Meaning of Reference under Criminal Procedure Code: – The reference is simply an
application made by the trial court to the High Court for the interpretation (explanation) of a
matter relating to an Act, Legislation, and Regulation.
Section 395 of Criminal Procedure Code
A reference arises when a case is before a trial court and such a case includes a question relating
to the validity of any regulation, ordinance or act or any provision of the act, which is necessary
for the determination of a criminal case. Such an act, regulation or ordinance may be inoperative
or invalid but the Higher Court like Supreme Court or High Court has not declared it.

Section 396 of Criminal Procedure Code: – Disposal of case according to the decision of the
High Court
When the question has been so referred, the High court shall pass such an order that it thinks fit
and also can send a copy of such an order to the lower court which shall dispose off the case
comfortably to the said order. The high court may also direct the cost of such reference which
has to be paid.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

397. Calling for records to exercise powers of revision.—

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding
before any inferior Criminal Court - for the purpose of satisfying itself or himself;
• to the correctness,
• legality or propriety of any finding,
• sentence or order,
• recorded or passed, and
• as to the regularity of any proceedings of such inferior Court

2. Revisional Jurisdiction (Ss. 397-401) Revisional Conditions & Powers of Revisional

Courts.
397. Calling for records to exercise powers of revision.—
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding
before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of –
satisfying itself or himself;
• to the correctness,
• legality or
• propriety
of any finding, sentence or order, recorded or passed, and
• as to the regularity of any proceedings of such inferior Court, and
may, when calling, for such record, direct that the execution of any sentence or order be
suspended, and if the accused is in confinement that he be released on bail or on his own bond
pending the examination of the record.
398. Power to order inquiry.—
On examining any record under section 397 or otherwise, the High Court or the Sessions Judge
may direct the Chief Judicial Magistrate to make further inquiry into any complaint which has
been dismissed under section 2032 or sub-section (4) of section 204,3 or into the case of any
person accused of an offence who has been discharged.

2
203. Dismissal of complaint- If the Magistrate is of opinion that there is no sufficient ground for proceeding, he
shall dismiss the complaint.
3
204. Issue of process- no process shall be issued until the fees are paid and, if such fees are not paid within a
reasonable time, the Magistrate may dismiss the complaint.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

399. Sessions Judge's powers of revision.—

(1) In the case of any proceeding the record of which has been called for by himself, the Sessions
Judge may exercise all or any of the powers which may be exercised by the High Court under
sub-section (1) of section 401.
(3) Where any application for revision is made by or on behalf of any person before the Sessions
Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no
further proceeding by way of revision at the instance of such person shall be entertained by the
High Court or any other Court.
401. High Court's powers of revision.—
The High Court may, in its discretion, exercise any of the powers conferred on a Court of
Appeal.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of
acquittal into one conviction.
405. High Court's order to be certified to lower Court.—When a case is revised under this
Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section
388, certify its decision or order to the Court by which the finding, sentence or order revised was
recorded or passed, and the Court to which the decision or order is so certified shall thereupon
make such orders as are conformable to the decision so certified, and, if necessary, the record
shall be amended in accordance therewith.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

3. Execution of sentences ( S. 413- 424)

CHAPTER XXXII- EXECUTION, SUSPENSION, REMISSION AND COMMUTATION
OF SENTENCES –
A. —Death Sentences (section 413- 416)
B. —Imprisonment (section 417- 420)
C. —Levy of fine (section 421- 424)
D. —General provisions regarding execution (section 425- 431) E.—
Suspension, remission and commutation of sentences (section 432- 435)

A. —Death Sentences (section 413- 416)

Sec. 413. Execution of order passed under section 3684.—When in a case submitted to the High
Court5 for the confirmation of a sentence of death, the Court of Session receives the order of
confirmation or other order of the High Court thereon, it shall cause such order to be carried into
effect by issuing a warrant or taking such other steps as may be necessary.
Sec. 414. Execution of sentence of death passed by High Court.—When a sentence of death is
passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the
order of the High Court, cause the sentence to be carried into effect by issuing a warrant.
Sec. 415. Postponement of execution of sentence of death in case of appeal to Supreme Court
under article 134 (1) (a, b) until such appeal is disposed of.
Sec. 416. Postponement of capital sentence on pregnant woman.—If a woman sentenced to death
is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.

B. —Imprisonment (section 417- 420)

Sec. 417. Power to appoint place of imprisonment-
The State Government may direct in what place any person liable to be imprisoned or committed
to custody under this Code shall be confined.

4
Sec. 368. Power of High Court to confirm sentence or annul conviction.
5
Sec. 366 - When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High
Court, and the sentence shall not be executed unless it is confirmed by the High Court.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Sec. 418. Execution of sentence of imprisonment.—

Where the accused is sentenced to imprisonment for life or to imprisonment for a term, the Court
passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or
is to be, confined.
Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall
not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in
such place as the Court may direct.
Sec. 419. Direction of warrant for execution.—
Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in
charge of the jail or other place in which the prisoner is, or is to be, confined.
Sec. 420. Warrant with whom to be lodged.—
When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

C. —Levy of fine (section 421- 424)

Sec. 421. Warrant for levy of fine.—
(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take
action for the recovery of the fine in either or both of the following ways, that is to say, it may—
(a) issue a warrant for the levy of the amount by attachment and sale of any movable property
belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to
realise the amount as arrears of land revenue from the movable or immovable property, or both,
of the defaulter.
Sec. 422. Effect of such warrant.—
A warrant issued by any Court may be executed within the local jurisdiction of such Court, and it
shall authorise the attachment and sale of any such property outside such jurisdiction, when it is
endorsed by the District Magistrate within whose local jurisdiction such property is found.
Sec. 424. Suspension of execution of sentence of imprisonment.—
(1) When an offender has been sentenced to fine only and to imprisonment in default of payment
of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable or in two or three instalments, on or before a date not
more than thirty days from the date of the order,

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

(b) suspend the execution of the sentence of imprisonment and release the offender, on the
execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned
for his appearance before the Court on the date or dates on or before which payment of the fine is
to be made; and
if the amount of the fine or of any instalment, as the case may be, is not realised on or before the
latest date on which it is payable under the order, the Court may direct the sentence of
imprisonment to be carried into execution at once.

4. Suspension (S.432), Postponement ( S. 415, 416) E.—

Suspension, remission and commutation of sentences

Sec. 432. Power to suspend or remit sentences.—

(1) When any person has been sentenced to punishment for an offence, the appropriate
Government may, (at any time, without conditions or upon any conditions which the person
sentenced accepts,) suspend the execution of his sentence or remit the whole or any part of the
punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or
remission of a sentence, the appropriate Government may require the presiding Judge of the
Court before or by which the conviction was had or confirmed, to state his opinion as to whether
the application should be granted or refused, together with his reasons for such opinion.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the
appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or
remission, , and thereupon the person be arrested by any police officer, without warrant and
remanded to undergo the unexpired portion of the sentence.
5. Remission and Commutation of sentences (S. 433-A)
Sec. 433. Power to commute sentence.—
The appropriate Government may, without the consent of the person sentenced, commute—
(a) a sentence of death, for any other punishment provided by the Indian Penal Code;
(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years
or for fine;
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that
person might have been sentenced, or for fine;
(d) a sentence of simple imprisonment, for fine

Sec. 433A. Restriction on powers of remission or commutation in certain cases.—

Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is
imposed on conviction of a person for an offence for which death is one of the punishments
provided by law, or where a sentence of death imposed on a person has been commuted under
section 433 into one of imprisonment for life, such person shall not be released from prison
unless he had served at least fourteen years of imprisonment.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Unit-VIII: Preventive Measures, security proceedings and maintenance of wives, children

and parents
1. Preventive action of the Police ( S. 149- 153)
2. Unlawful Assemblies (S. 129 - 132)
3. Removal of public nuisance (S. 133- 143)
4. Maintenance of wives, children and parents ( S. 125- 128)
5. Limitation period under Code of Criminal Procedure ( S. 467- 473)

1. Preventive action of the Police ( S. 149- 153)

Introduction
Powers of the Police are very wide and are mostly covered under The Code for Criminal
Procedure Act, 1973, and The Police Act, 1860. The CrPC gives provisions not only for punitive
actions to be taken after the commission of crimes but also for preventive actions to be taken for
taking all the possible measures to prevent the commission of crimes.
CHAPTER XI PREVENTIVE ACTION OF THE POLICE ( S. 149- 153)
Sec. 149. Police to prevent cognizable offences.—
Every police officer may interpose for the purpose of preventing, and shall, to the best of his
ability, prevent, the commission of any cognizable offence.
According to Section 149 of CrPC, every police officer is empowered to interpose and make his
best efforts in preventing a cognizable offence.
Cognizable offences are serious in nature like murder, rape, dowry death, kidnapping, etc.
Sec. 150. Information of design to commit cognizable offences.—
Every police officer receiving information of a design to commit any cognizable offence shall
communicate such information to the police officer to whom he is subordinate, and to any other
officer whose duty it is to prevent or take cognizance of the commission of any such offence.
According to Section 150 of CrPC, Every police officer on receiving information of a potential
design to commit any cognizable offence, shall communicate such information to the officer
whom he is subordinate to, and to any other such officer who has the authority to deal with the
prevention of commission of such cognizable offence.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Sec. 151. Arrest to prevent the commission of cognizable offences.—

(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 authorised
under any other provisions of this Code or of any other law for the time being in force.
According to Section 151(1), CrPC, a police officer by knowing of or receiving a design that has
a potential to commit any cognizable offence may arrest such person so designing, without a
warrant or the orders from a Magistrate, provided it appears to the police officer that the
commission of the offence can’t be prevented by any other way.
Section 151(2), CrPC, says that the person so arrested shall not be detained in custody for more
than twenty-four hours from the time of his arrest unless his further detention is ordered by the
Magistrate.
Sec. 152. Prevention of injury to public property.—
A police officer may of his own authority interpose to prevent any injury attempted to be
committed in his view to any public property, movable or immovable, or the removal or injury of
any public landmark or buoy or other mark used for navigation.
According to Section 152 of CrPC, a police officer may interpose on his own if in his view, there
is an attempt
• to injure public property whether movable or immovable;
• to remove or injure any public landmark;
• to remove or injure any buoy or other mark used for navigation.
The term ‘public’ has been defined under Section 12 of the Indian Penal Code.

According to Section 153 of CrPC, any officer in charge of a police station is empowered to
conduct or initiate a search in any such place where he has the suspicion that a false weight or
measuring technique is being made or sold. Certain conditions have been laid down to exercise
these powers:
• The place to be searched must lie within the local jurisdiction of the police station;

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

• The place can be searched by an officer-in-charge of the particular police station or

any other police officer but not ranking below a Sub-inspector;
• The search must be conducted according to procedures laid out under Section 103 of
CrPC;
• The officer conducting the search must have reasonable grounds to believe that there
are false weights, measures or instruments being used in that place;
• The owner or person in possession of such a place should have the intention of
deceiving or defrauding any other person.
So, considering the above conditions, the officer is empowered to conduct a search without any
warrant or written order by the Magistrate.

2. Unlawful Assemblies (S. 129 - 132)

CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A. — Unlawful Assemblies (S. 129 - 132)
An Unlawful Assembly is a gathering of five or more persons intended to carry on a lawful
purpose which results in disturbance and peril to the general public can be said to be an unlawful
assembly.
The Constitution of India guarantees every citizen a fundamental right under Article 19(1)(b) to
assemble peaceably and without arms.
According to section 141 of the Indian Penal Code, Assembly can be defined as an assembly of
five or more persons if the common intent of the assembly is as follows-
1. To intimidate by using criminal force or by showing criminal force to the Central
Government or any State Government or Parliament or the Legislature of any state, or
any public servant.
2. To defy any law or legal procedure.
3. To commit any act which can be termed as mischief or criminal trespass or any other
offence.
4. By usage or show of criminal force to any person with a view to take or obtain
possession of any property, or to deprive any person of the enjoyment or deprive him
of the use of water or any other incorporeal right which is entitled to him or to enforce
upon him any right or supposed right.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

5. By usage or show of criminal force, to forcefully make any person do something

which he is not legally bound to do or omit something which he is legally entitled to
do.
The main element in declaring unlawful assembly as a criminal offence is a common intention.

Power of the magistrate and procedure of disposal by him

An executive magistrate is conferred with various powers regarding unlawful assembly in order
to ensure public order and peace in society as an unlawful assembly creates an unruly situation of
public order and security.
• Section 129 of the Code of Criminal Procedure states the dispersal of unlawful
assembly by use of civil force
Here, any executive magistrate or any police officer minimum to the rank of sub-inspector can
command any unlawful assembly to disperse if it is likely that the assembly can cause a
disturbance in public peace. The members of such assembly are bound to disperse accordingly.
If such an assembly with or without being commanded doesn’t disperse or shows a determination
not to disperse, any Executive magistrate or police officer minimum to the rank of sub-inspector
is empowered to take action as follows:
1. Proceed to disperse such assembly by force.
2. If assistance is required, he can take help of any male person even if he is not an
officer or member of the armed forces.
3. If deemed necessary, he can arrest and confine the members of such assembly.
If the members of unlawful assembly don’t adhere to the instructions of the authorities in-charge,
they will be punished by law.
Section 130 of CRPC states the dispersal of unlawful assembly by use of armed forces:
1. The Executive Magistrate of the highest rank present may cause the dispersal of
unlawful assembly by the armed forces if-
• The assembly cannot be dispersed in other ways.
• If it is necessary for the security of the public.
2. Such a Magistrate has the authority to ask any officer in command of the present
armed forces group, with the help of the armed forces under his command to disperse
the assembly. If needed,he may ask the present officer to arrest and confine such

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

persons involved as may be necessary. The Magistrate can have the members or part
of members of the unlawful assembly punished according to law.
3. Every such officer shall obey such order in a manner he deems fit, but while doing so
he shall use rational and minimum force. He shall do as little damage to person or
property, as may be required for dispersing the assembly and arresting and detaining
the involved persons.
• Section 131 of CRPC states the power of certain armed force officers to disperse
assembly with a condition added regarding executive magistrate.
Any commissioned or gazetted officer of the armed forces may-
1. Disperse any such assembly with the help of the armed forces under his command.
2. Arrest and confine any persons involved in such unlawful assembly.
Provided the public security is clearly endangered by any such assembly and any Executive
Magistrate cannot be communicated with.
However, as soon as it becomes practical for the gazetted or commissioned officer to
communicate with an Executive Manager, he shall do so, and shall thereafter obey the
instructions of the Magistrate and consider whether the Magistrate wants the action ongoing, to
be continued or not.
• Section 132 of CRPC states protection against prosecution for acts under preceding
sections.
• No prosecution shall be instituted in any Criminal Court against any person who has
done an action under section 129, 130 and 131.

These sections under the CRPC give powers to the Executive Magistrates as well as police
officers to disperse unlawful assemblies as such assemblies may disrupt or have the potential to
disrupt public order and peace of society. It may also cause harm to public property and injury to
the rest of the public.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

3. Removal of public nuisance (S. 133- 143)

CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
B. —Public nuisances (S. 133- 143)
the word “nuisance” means an act that is harmful or offensive to the public or a member of
it.
nuisance is of two types; public and private nuisance.
A private nuisance is a civil wrong.
A public nuisance is a criminal wrong such as an act or omission that obstructs, damages or
causes inconvenience to the rights of the community.
133. Conditional order for removal of nuisance.—
(1) Whenever a District Magistrate on receiving the report of a police officer or other
information and on taking such evidence (if any) as he thinks fit, considers—
• that any unlawful obstruction or nuisance should be removed from any public place or
from any way, river or channel which is or may lawfully be used by the public; or
• that the conduct of any trade or occupation or the keeping of any goods or merchandise is
injurious to the health or the physical comfort of the community, that in consequence
such trade or occupation should be prohibited or regulated or such goods or
merchandise should be removed or keeping thereof regulated
• that the construction of any building or the disposal of any substance as is likely to
occasion the configuration or the explosion should be prevented or stopped or
• that any building, tent or structure or any tree that is in such a condition that it is likely to
fall and cause injury to any person that is living or carrying on business in the
neighbourhood or passing by and that in consequence the removal or the repair or the
support of such a building, tent or the structure or the removal or the support of such a
tree, is necessary; or
• that any tank, well or site of excavation adjacent to any such way or public place should
be fenced in such a manner so as to prevent danger arising to the public; or
• that any dangerous animal should be destroyed, confined or otherwise disposed of.
Such Magistrate may make a conditional order requiring the person -within a time to be fixed in
the order-
• to remove such obstruction or nuisance; or

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

• to desist from carrying on, or to remove or regulate in such manner as may be directed,
such trade or occupation, or to remove such goods or merchandise, or to regulate the
keeping thereof in such manner as may be directed; or
• to prevent or stop the construction of such building, or to alter the disposal of such
substance; or
• to remove, repair or support such building, tent or structure, or to remove or support such
trees; or
• to fence such tank, well or excavation; or
• to destroy, confine or dispose of such dangerous animal in the manner provided in the
said order; or, if he objects so to do, to appear before himself or some other Executive
Magistrate subordinate to him at a time and place to be fixed by the Order, and show
cause, in the manner hereinafter provided, why the order should not be made absolute.
136. Consequences of his failing to do so.—
If such person does not perform such act or appear and show cause, he shall be liable to the
penalty prescribed in that behalf in section 1886 of the Indian Penal Code, and the order shall be
made absolute.
144. Power to issue order in urgent cases of nuisance or apprehended danger .—
(1) In cases where, in the opinion of a District Magistrate, there is sufficient ground for
proceeding under this section and immediate prevention or speedy remedy is desirable, such
Magistrate may, by a written order stating the material facts of the case- direct any person to
abstain from a certain act or to take certain order with respect to certain property in his
possession or under his management,
if such Magistrate considers that such direction is likely to prevent, or tends to prevent,
obstruction, annoyance or injury to any person lawfully employed, or danger to human life,
health or safety or a disturbance of the public tranquillity, or a riot, or an affray.
(3) An order under this section may be directed to a particular individual, or to persons residing
in a particular place or area, or to the public generally.

6
188. Disobedience to order duly promulgated by public servant.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

4. Maintenance of wives, children and parents ( S. 125- 128)

CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
The word ‘Maintenance’ is not defined in the Code of Criminal Procedure,
1973. ‘Maintenance’ in general meaning is keeping something in good condition.
It is the duty of every person to maintain his wife, children and aged parents, who are not able to
live on their own.
Sec. 125. Order for maintenance of wives, children and parents.—
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain
itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to
make a monthly allowance for the maintenance of his wife or such child, father or mother, at
such monthly rate as such Magistrate thinks fit and to pay the same to such person as the
Magistrate may from time to time direct:
Magistrate may, during the pendency of the proceeding order such person to make a monthly
allowance for the interim maintenance of his wife or such child, father or mother, and the
expenses of such proceeding which the Magistrate considers reasonable.
Explanation.—For the purposes of this Chapter,—
(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875) is deemed not to have attained his majority;
(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such
Magistrate may, for every breach of the order, issue a warrant for levying fine,
and may sentence such person to imprisonment.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

(4) No wife shall be entitled to receive an allowance if she is living in adultery, or if, without any
sufficient reason, she refuses to live with her husband, or if they are living separately by mutual
consent.
According to Section 125(1), the following persons can claim and get maintenance:
• Wife from his husband,
• Legitimate or illegitimate minor child from his father,
• Legitimate or illegitimate minor child (physical or mental abnormality) from his
father, and
• Father or mother from his son or daughter.

Wife
Strict proof of marriage should not be a precondition of maintenance under Section 125 of the
Cr.PC.
In the case of Chanmuniya v Virendra Singh, Supreme Court has defined ‘Wife’ and it includes
even those cases where a man and woman have been living together as husband and wife for a
reasonably long period of time.
Muslim wife can also claim maintenance under Cr.PC.
A wife cannot claim and get maintenance from her husband in the following conditions:
• Wife living in adultery, or
• Refuses to live with husband without any valid reasons, or
• Living separately by mutual consent.
Son
Minor Son below the age of 18 years (Legitimate or Illegitimate) is entitled to get maintenance
under Section 125 of Cr.PC.
Minor Daughter
If Minor Daughter (Legitimate or Illegitimate) is unmarried, then she is entitled to get
maintenance from her father.
If she is married, then she is also entitled to get maintenance from his father but the magistrate
has to be satisfied that her husband has not essential and sufficient means for the maintenance of
his minor wife.
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Legitimate or illegitimate abnormal child who has attained majority

If any major child (Legitimate or Illegitimate) is abnormal (mentally or physically unfit), then
the father of that child has to maintain him and he can claim maintenance on this ground of
abnormality.
Father or mother
• Natural father and mother can claim maintenance.
• Mother includes adoptive mother, she can claim maintenance from adoptive son.
• Father can claim maintenance, it is a statutory obligation, this claim cannot be
defeated by pleading that the father failed to fulfil his parental obligation.
• A childless stepmother can claim maintenance.

Essential conditions for granting maintenance

There are some essential conditions which should be fulfilled for claiming and granting
maintenance:
1. Sufficient means for maintenance are available.
2. Neglect or refusal to maintain after the demand for maintenance.
3. The person claiming maintenance must be unable to maintain himself/herself.
4. Quantum of maintenance depends on the standard of living.

Procedure for maintenance

Section 126 of Cr.PC deals with “Procedure for maintenance”. This Section says the following:
• Proceeding under Section 125 may be taken in the following district:
1. Where he is, or
2. Where he or his wife resides, or
3. Where he last resided with his wife or mother of an illegitimate child.
• Evidence to be taken in the presence of a person against whom maintenance is to be
ordered.
• If a person is wilfully avoiding summons, then ex-parte evidence is taken in that case.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

Alteration in allowance
According to Section 127(1), if a magistrate ordered to give allowance for maintenance under
Section 125 according to the conditions of parties at that time, but if the present conditions of
parties have changed, then he can also order to alter the allowance.
Alteration in allowance means an order to increase, decrease or remove/cancel the allowance
which was ordered by the Magistrate under Section 125.
According to Section 127(2), Magistrate shall cancel or revoke any order given under Section
125 by him, if it appears that it should be cancelled in consequences of any decision of the
competent Civil Court.
According to Section 127(3), where an order has been made in favour of women under Section
125, then the magistrate can cancel the order in the following case:
1. If a woman is remarried after divorce.
2. If a woman has taken allowance under any personal laws after divorce.
3. If a woman has voluntary leave her right to maintenance.
According to Section 127(4), the Civil Court shall take into account the sum which has been paid
to such person as monthly allowance for maintenance and interim maintenance under Section
125 at the time of making any decree for the recovery of any maintenance or dowry.
Enforcement of order of maintenance
Section 128 deals with “Enforcement of order of maintenance”. According to this Section, the
following are the conditions for enforcement of the order of maintenance:
• Copy of order under Section 125 is given to that person free of cost in whose favour it
is made. In case the order is in favour of children, then the copy of the order will be
given to the guardian of children.
• If any Magistrate has made an order under Section 125, then any Magistrate of India
can enforce this order where that person lives who have to give maintenance.
• The Magistrate has to satisfy two conditions before enforcement of order:
1. Identity of parties, and
2. Proof of non-payment of allowances.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar
Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)
 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

5. Limitation period under Code of Criminal Procedure ( S. 467- 473)

CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Section 467- period of limitation" means the period specified in section 468 for taking
cognizance of an offence.
Meaning of cognizance
The word cognizance has origin from the old French term “connaissance” which means “
recognition, wisdom, knowledge, familiarity“ and also from the word “conoistre“ which means
“ to know “ and from the Anglo-Norman word “conysance“ which has the meaning “later,
recognition, knowledge”. It is derived from the Latin word “cognosis” where the con means to
“with“ and “gnosis” means “to know”.
The word ‘Cognizance’ has not been defined in the procedural law but the meaning of
cognizance is derived from the number of precedents and judicial pronouncements. The
dictionary meaning of cognizance is “taking account of“, “taking note of“, “to gain knowledge
about”, “to have knowledge regarding something “. If we see the legal meaning of cognizance,
It is the power or authority of the court or the “taking judicial notice by court of law having
jurisdiction on an action, matter or a cause for the purpose of deciding whether there is any
ground for the initiation of proceedings and deciding of the matter or cause judicially“.
Cognizance of any offence is taken by:
• Magistrate under Section 191.
• Court of Session under Section 193.
Limitation in taking cognizance of offences
It is well-established fact that the power vested on Magistrate to take the Cognizance of offence
is not an absolute power and is subjected to the limitations which have been provided in
the Chapter XXXVI( section 467 to 473 ) of the Act itself.
468. Bar to taking cognizance after lapse of the period of limitation.—
(1) Except as otherwise provided, no Court shall take cognizance of an offence of the category
specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be—
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com
WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)

 lOMoARcPSD|16369787

CRIMINAL PROCEDURE CODE – BY NYAYPARISAR LAW ACADEMY

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but
not exceeding three years.
469. Commencement of the period of limitation.—
(1) The period of limitation, in relation to an offender, shall commence,—
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved by the offence
or to any police officer, the first day on which such offence comes to the knowledge of such
person or to any police officer, whichever is earlier; or
(c) where it is not known by whom the offence was committed, the first day on which the
identity of the offender is known to the person aggrieved by the offence or to the police officer
making investigation into the offence, whichever is earlier.
Discretion of the Court
473. Extension of period of limitation in certain cases-
any Court may take cognizance of an offence after the expiry of the period of limitation, if it is
satisfied on the facts and in the circumstances of the case that the delay has been properly
explained or that it is necessary so to do in the interests of justice.
It is the discretion of the Court to extend the period of limitation. This section does not mandate
the court to extend the period of limitation.

CONTACT US ON – 9372393811 / nyayparisarlawacademy03@gmail.com

WEB:- nyayparisar-law-academy.business.site
Find us on Instagram @ /nyayparisar

Downloaded by MAHANOOR SHAIKH (mahanoorshaikh1@gmail.com)