PAHUJA LAW ACADEMY

Lecture- 2

Cognizable &

Non-cognizable Offence

MAINS QUESTIONS

1. What is the value of investigation, if police officer started investigation without the order of magistrate in case of non-cognizable offence?

2. What is the scope and extent of magisterial power to order investigation under section 156(3)?
3. Write a short note on judicial proceedings.
4. Discuss about the establishment of criminal courts under cr.pc
5. In what circumstances magistrate has power to direct the police officer for investigation?

 PAHUJA LAW ACADEMY

PAHUJA LAW ACADEMY

Cognizable &

Non-cognizable Offence

Pre-Questions

1. A case which includes cognizable offences and non-cognizable offences is

(a) a cognizable case but requires sanction of the Magistrate for investigation into the non-cognizable part under section 155(2) of Cr PC

(b) a cognizable case and as such the investigation of the case does not require any sanction of the Magistrate under section 155(2) of Cr PC

(c) a non-cognizable case and as such the investigation of the case requires sanction of the Magistrate under section 155(2) of Cr PC

(d) a non-cognizable case but does not require sanction of the Magistrate under section 155(2) of Cr PC

2. Under the Scheme of Criminal Procedure non-cognizable offences are

(a) public wrongs

(b) private wrongs

(c) both public and private wrongs

(d) none of the above.

3. A Magistrate has the power to direct the police to investigate in respect of an offence

(a) under the Indian Penal Code

(b) under any local or special law

(c) both (a) and (b)

(d) only (a) and not (b).

4. Leave to investigate into a non-cognizable offence can be granted by a

(a) Magistrate in any part of India

(b) Magistrate in any part of the State

(c) Magistrate having jurisdiction to try the case

(d) either (a) or (b) or (c).

5. Section 2(g) of the Code of Criminal procedure, 1973 defines

(a) Enquiry

(b) Inquiry

(c) Investigation

(d) None of the above

6. In a summons case, the trial begins when the

 

(a) Accused appears

(b) Charge is framed

(c)Witnesses are examined

(d)None of the above

7. Which of the following is correct?

(a) A trial presupposes the idea of an offence

(b) An inquiry relates to offences and matters which are not offences

(c) The term ‘inquiry’ is wider than ‘trial’

(d) All the above

8. In which of the following cases, the Supreme Court has explained the term ‘investigation’?

(a) Rishubud v state

(b) Vineet Narain v Inion of India

(c) Prakash singh v Union of Indian

(d) None of the above

9. The definition of ‘offence’ under the Code of Criminal Procedure, 1973 corresponds to

(a) Section 3(37) of the General Clauses Act, 1897

(b) Section 40 of Indian Penal code

(c) Both (a) and (b) are correct

(d) None of the above

10. The definition of ‘offence’ under the Code of Criminal Procedure, 1973 contemplates

(a) Offences under the Indian Penal Code only

(b) Offences under the Indian Penal Code and local laws

(c) Offences under the Indian Penal Code and offences under local and special laws

(d) None of the above

PAHUJA LAW ACADEMY

MAINS QUESTIONS

1. Explain the term “First Information Report”. What is its evidentiary value?

2. How would office-in-charge of Police Station act when he receives information about non-cognizable offence?

3. (i) Can an anonymous telephonic message, that is first in point of time but does not clearly specify a cognizable offence, having been committed be treated as the First Information Report?

(ii) Is the First Information Report a substantive piece of evidence or can it only be used to corroborate the statement of the maker?

(iii) Is it mandatory that the names of all witnesses be mentioned in the First Information Report?

4. What do you understand by cross FIR?

5. Who can make FIR? Explain guide lines for registering FIR with the help of leading cases.

PAHUJA LAW ACADEMY

 FIR (first information Report):

• FIR as such has not been defined in the crpc
• It is an information which is Ist in point of time and followed by an investigation. [Lalita kumari v. state of U.P.]
• The statement of an information as such recorded under sec 154 is usually mentioned as FIR
• S/154 lays down the procedure for lodging of FIR
• It is an information in the form of a written document which contains the details of any cognizable offence and which is signed by the informant
• S/154(1) Information as to cognizable offence

In case of cryptic Information-cannot be treated as an FIR.

Evidentiary Value of FIR

Section 157 [procedure for investing acting a cognizable offence]

• Investing under this section begins when P.O has a reason to suspect the commission of a cognizable offence
• O must immediately send occurrence report to Magistrate
• He may decide not to investigate in cases provided in the provise

Section 158

Report U/S 157 shall be submitted through some suspension police officer

Section 159

This section applies only in cases  where police officer decides not to investigate the case .

It gives power to hold investigation or preliminary inquiry by Magistrate.

Section 161 Examination of witness by the police

PAHUJA LAW ACADEMY

PRE-QUESTIONS

1. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub section (1) of section 154 of the Code of Criminal Procedure, 1973 may be send the substance of such information, in writing and by post to the

(a) Superintendent of police

(b) Magistrate having jurisdiction

(c) Any police officer above the rank of station house officer who refused to record the information

(d) None of the above

2. Which of the following is an essential ingredient of a first information report

(a) It must contain the name of the accused

(b) It must be given by a person aggrieved

(c) It must be an encyclopaedia of the prosecution case

(d) None of the above

3. Which of the following statement is correct regarding the evidentiary value of a first information report (FIR)?

(a) It is a substantial piece of evidence

(b) It can be used to corroborate the maker

(c) It can be used only to contradict the maker

(d) None of the above

4. The police received an information regarding the commission of a cognizable offence. The information contained the place of the occurrence, time of the occurrence and details of the incident except the name of the assailants. The police record the information as FIR it is

(a) Legal

(b) Illegal

(c) FIR if it was registered after verifying the truth of the information

(d) None of the above

5. Ajay gave a statement to police that his 14 year old daughter Anusha was killed by his servant Manuraj. The police registered an FIR based on the statement of Dr. Ajay. The police questioned Dr. Neelam wife of Dr. Ajay, and she also gave a statement in tune with the statement of Dr. Ajay. On investigation it was revealed that Anusha was killed by the Doctor couple. In such circumstances,

(a) Police shall register a new FIR

(b) There is no need for registering a new FIR , only report shall be filed

(c) The second FIR should be treated as the original FIR

(d) None of the above

6. Which of the following is an essential ingredient of a First Information Report?

(a) It must contain the name if the accused

(b) It must be given by a person aggrieved

(c) It must be an encyclopaedia of the prosecution case

(d) None of the above

7. Which of the following statements is correct regarding the evidentiary value of a First Information Report (FIR)?

(a) It is a substantial piece of evidence

(b) It can be used to corroborate the maker

(c) It can be used only to contradict the maker

(d) None of the above

8. In Damodar v State AIR 2003 SC 4414, the Supreme Court held message

(a) An anonymous cryptic message can be treated as an FIR

(b) An anonymous cryptic message cannot be treated as an FIR

(c) A cryptic message can be treated as an FIR if the information has disclosed his identity

(d)None of the above

9. Is it mandatory for the police to register an FIR on a complaint forwarded by a magistrate under section 156(3) of the Code of Criminal Procedure, 1973?

(a) Yes

(b) No

(c) Depends

(d) None of the above

10. Which of the following is a reasonable explanation for delay?

(a) Delay caused by threats held out by the accused

(b) In a rape case, since the honour of the family was involved, it took time to decide to proceed with the case

(c) In a case of dowry death, the parents of the girl were in a mental shock

(d) All of the above

PAHUJA LAW ACADEMY

Bullet Notes (CrPC)

Lecture – 4

Mains Questions 

Q.1. What is the evidentiary value of statements recorded U/S 161 & Sec 162 of CrPC.

Q.2. What do you mean by judicial confessions? Can they be recorded investigation?

Q.3. What is the procedure provided under Cr.P.C. for the investigation of a cognizable offence?

Q.4 Write a note on the procedure for recording the confession of an accused U/Sec. 164 Cr.pc.

Q.5 Can a prosecutrix approach the magistrate directly for recording her statement U/S. 164, during the course of investigation?

Q.6 What will be the use of statements made to Police officer U/S 162?

Q.7 Can a person being examined by Police officer investigating a case refuse to answer the question relating to such case put to him by such officer.

        Explain with the help of legal provision.

PAHUJA LAW ACADEMY

• Section 164 provides a special procedure for recording of confessions by magistrate in the course of investigation after ensuring that the confession are being made freely and voluntary.
• This section has to read along with S/281, 463 of CrPC and S/80 and 91 of evidence Act.
• Clause (5) of this section also provides for recording of other statements.
• The recording of confession has to be done by the magistrate in the manner provided U/281 CrPC.
• S/463 expressly provides for the cases in which there are irregularities in recording.

PAHUJA LAW ACADEMY

Cr.PC(section 164 Cr.PC) (EXTRA CLASSES NOTES)

safegurad

Safeguards to be taken by the magistrate while recording statement under section 164 CrPC

— The main concern of the magistrate is to ensure that confession is being made voluntarily and therefore applying his judicial prudence. The magistrate shall do all possible efforts to ensure the voluntary character of the confession.

1. The magistrate has to give warning under section 164(2). The warning shall be given properly so as to make the accused understand about the real purpose of the warning.

2. If after the warning, the recording of confession is postponed to some other day, fresh warning is necessary.

3. After giving warning, Magistrate should give him adequate time to think and reflect

4. If accused is coming from police custody then he should sent to judicial custody at least for a day before the confession is recoded. The object of giving such time for reflection to the accused is to ensure that he is completely free from police influence. Held in the case of Babu bhai parmar vs. state of Gujarat 2006, SC.

5. The magistrate shall examine the medical examination report of the accused and shall also get the accused medically examined, particularly where he finds injury, marks on the body of the accused.

6. The magistrate shall revel his identity to the accused and shall remove any police officer present in the recording room.

7. He shall also ensure that there is no interference by the co-accused or any 3rd person at the time of recording.

8. If the accused in handcuffed then magistrate shall order to remove the handcuff before recording of his confession.

9. if accused expresses his unwillingness to make confession when he is produced before the magistrate then he shall not be sent back to the police custody

10. If the accused knows how to write, then the magistrate may ask him to write his own confessional statement.

11. The confession shall be recorded in open court so as to ensure fearlessness and voluntary character of the confession.

12. The magistrate shall also explain to the accused of his constitutional right under section 22(1) section 303 of CrPC. Held in the case of State of Assam vs. Rabindarnath Guha.

PAHUJA LAW ACADEMY

Bullet Notes (CrPC)

Pre Questions

1. Which of the following statements can be used to corroborate the maker of a statement?

(i) A statement of witness in the inquest report

(ii) First information statement

(iii) Statement of witness during identification parade conducted by the police

(iv) Statement of witness recorded under section 164(5) of CrPC

(a) (i) and (ii) only

(b) (ii) and (iv) only

(c) (i), (iii) and (iv) only

(d) (i), (ii), (iii) and (iv)

2. Which of the following sections of the Code of Criminal Procedure, 1973 deals with medical examination of the victim of rape?

(a) Section 163A

(b) Section 164A

(c) Section 165A

(d) Section 166A

3. Which of the following is true and correct in context of section 162 of the Code of Criminal Procedure, 1973?

(a) Every omission is a contradiction

(b) A material omission may amount to contradiction

(c) An omission cannot amount to contradiction

(d) None of the above

4. In case where the witness turned hostile to the prosecution

(a) His statement under section 162 CrPC can be used by the prosecution

(b) His statement under section 162 CrPc cannot be used by the prosecution

(c) His statement under section 162 CrPC can be used by the prosecution only with the permission of the court

(d) None of the above

5. The bar contained in section 162 of the Code of Criminal Procedure 1973 is not applicable to

(a) Clause (1) of section 32 of the Indian Evidence Act, 1872

(b) The provisions of section 27 of the Indian Evidence Act, 1872

(c) Both (a) and (b)

(d) None of the above

6. Identification parade conducted by police is

(a) Hit by section 162 of the Code of Criminal Procedure, 1973

(b) Not hit by section 162 of the Code of Criminal Procedure, 1973

(c) Hit by section 9 of the Indian Evidence Act, 1872

(d) None of the above

7. Which of the following sections of the Code of Criminal Procedure, 1973 deals with the recording of a confession?

(a) Section 161

(b) Section 162

(c) Section 163

(d) Section 164

8. Confessions or Statements under section 164 of the Code of Criminal Procedure, 1973 can be recorded by the magistrate

(a) During the course of trial

(b) During the course of Investigation

(c) During the course of Investigation or trial

(d) During the course of investigation but before the commencement of Inquiry of trial

9. A confession made under section 164 of the Code of Criminal Procedure, 1973

(a) Shall be signed by the person making the confession

(b) Shall not be signed by the person making the confession

(c) May or may not be signed by the person making the confession

(d) None of the above

10. Can statements under section 164(5) of the Code of Criminal Procedure, 1973 be recorded after administering oath?

(a) Yes

(b) No

(c) Depends

(d) None of the above

PAHUJA LAW ACADEMY

Code of Criminal Procedure

Lecture – 5

Mains Questions

1. Evidentiary value of case diaries. [10 marks]

2. What is default Bail? Under what conditions this default bail can be granted? [20 marks]

3. Explain the duty of judicial magistrate in exercise of power Under Section 167.

4. Describe what different orders can be passed by magistrate Under Section 167.

5. A Company lodged the FIR for offence under Sections 408/420 I.P.C. against its former Divisional Manager. After completing the investigation, a report under Section 173 Cr. P.C. was sent to Magistrate stating that the case was of a civil nature. The company lodged a protest petition with Magistrate and sought permission to prove commission of offence by X. The Magistrate after pursuing the investigation records comes to the conclusion that prima facie case under Section 408/420 IPC was made out and consequently on the ground that Magistrate had no power to issue process without first complying with provisions of Sections 200 and 202 of the Code. Decide.

PAHUJA LAW ACADEMY

Bullet Notes (Cr PC)

TOPIC- S/167 r/w 57 Cr PC

• Section 167

SECTION 167 – REMAND

Provides procedure when investigation is not completed within 24 hours.

This provision has to read along with Section 57 Cr. PC.

It says:- person arrested shall not be detained more than 24 hours.

The detention Uunder section 57 can only be for a reasonable time and such reasonable time shall not be more than 24 hours without the permission of magistrate

Clause (1) whenever a person in arredted and investigation cannot be completed within 24 hours, then investigating officer or officer in charge of police station, immediately

police custody can only be granted in the 1^st fifteen days only.

Upon the completion of 1^st 15 days, there can only be judicial custody.

• The upper limit of the custody that can be granted before cognizance is
• 90 days [where offence is punishable with death/ life imprisonment/imprisonment for not less than 10 years], or
• 60 days [in other offence]

both of above said period shall be counted from the time of production for remand and it includes 1^st 15 days period.

On the expiry of the above said period

accused is entitled to default bail only if he furnishes bail.

• The right of default bail U/167, is irrespective of the right to obtain a regular bail under chapter-33 but such bail is granted upon hearing of bail application.
• If judicial magistrate is not available, then accused can also be produced before executive magistrate.
• Leading cases.
• Uday Mohan Lal Archrya State of Maharashtra [2001] SC
• Dinesh Dalmia v. CBI [2007] SC
• CBI v. Anupan J. Kulkarni [1992] SC
• State of W.B. v. Dinesh Dalma [2007] SC
• Section 172 [case diary]

Dairy of investigation recorded in a particular case for the purpose of personal records of the investigation officer.

Inquest Proceeding [174 – 176]

Inquest u/s 174 is done by police.

The purpose of such inquest is the Ascertainment of the cause of death in case of suicides,

unnatural death, death caused in commission of crime etc.

Whereas u/s 176 It is done by magistrate the purpose of such inquest is to ascertain the cause

of death accruing in police custody and other cases mentioned u/s 174

PAHUJA LAW ACADEMY

Code of Criminal Procedure

PRE-QUESTIONS

1. Section 167 of Cr PC authorizes remand of an accused in

(a) police custody

(b) judicial custody

(c) either (a) or (b)

(d) neither (a) nor (b).

2. Section 167 of Cr PC is applicable during

(a) investigation

(b) enquiry

(c) trial

(d) all of the above.

3. Under section 167 of Cr PC, the longest period for which an accused can be remanded to police custody is

(a) fifteen days

(b) fourteen days

(c) ten days

(d) twenty-eight days.

4. Where an accused is granted bail under section 167(2), proviso (a) of Cr PC and on filing on charge-sheet the investigation revealed that the accused has committed a serious offence, the bail so granted under section 167(2), proviso (a) of Cr PC

(a) cannot be cancelled in the absence of special reasons

(b) can be cancelled under section 437(5)

(c) can be cancelled under section 439(2)

(d) can be cancelled under section 437(5) or section 439(2).

5. Entries in the case diary maintained by an investigating officer under section 172 of Cr PC can be used

(a) as an evidence

(b) to explain contradiction

(c) for aiding the court to decide on a point

(d) both (b) and (c).

6. Under section 172 of Cr PC, the bar against production and use of case diary is intended to operate in

(a) an inquiry or trial for an offence

(b) civil proceedings

(c) writ proceedings

(d) all of the above.

7. What is the maximum period to which a magistrate is authorized to remand an accused to police custody?

(a) 15 days

(b) 30 days

(c) 60 days

(d) 90 days

8. What is the maximum period to which a magistrate is authorized to remand an accused to judicial custody where the investigation relates to an offence punishable with death as provided under section 167(2) of the Code of Criminal Procedure, 1973?

(a) 15 days

(b) 30 days

(c) 60 days

(d) 90 days

9. An accused must be held to have availed of his indefeasible right to bail under section 167(2) of the Code of Criminal Procedure, when

(a) He is released on bail

(b) His application is allowed

(c) He files an application for being released on bail and offers to abide by the terms an conditions of bail

(d) None of the above

10. On the expiry of the period of remand as provided under section 167(2) of the Code of Criminal Procedure, the accused person

(a) May be released on bail if he is prepared to and does furnish bail

(b) Shall be released on bail if he is prepared to and does furnish bail

(c) Shall be released on bail irrespective even if he does not furnish bail

(d) None of the above

11. An accused was arrested for the offence of murder and he was produced in the court. The magistrate remanded him to judicial custody. On the way to the sub jail, the accused sustained injuries in a road accident. He was hospitalised for 16 days. Meanwhile, on the 3rd day of his remand, police filed an application seeking custody of the accused. After the discharge of the accused from the hospital, the magistrate remanded the accused to police custody. Whether the order is legal?

(a) Yes, it is legal as the accused was in the hospital during the first 15 days

(b) No, magistrate has no authority to grant police custody after first 15 days of remand

(c) Yes, it is legal since the police had filed application within the stipulated time

(d) None of the above

12. An accused was produced before the magistrate with a remand report. Police filed an application for police custody. The magistrate allowed the police custody for 2 days only. After the expiry of two days the police filed an application for extension of police custody producing the accused through video conferencing. The magistrate rejected the application since the accused was not produced in person. The order of the magistrate is

(a) Legal

(b) Illegal

(c) Depends

(d) None of the above

13. The right of an accused to be released on bail after expiry of the maximum period of detention provided under section 167 of the Code of Criminal Procedure, 197 3 can be denied

(a) According to the discretion of the magistrate

(b) Only when an accused does not furnish bail

(c) Only when the prosecution strongly objects

(d) None of the above

14. Can a criminal court examine a case diary to find out whether any materials are there to make out a case against the accused as alleged by the police?

(a) Yes

(b) No

(c) Depends

(d) None of the above

15. Which of the following is mandated under section 173(8) of the Code of Criminal Procedure, 1973’?

(a) Re-investigation

(b) Fresh investigation

(c) Further investigation

(d) None of the above

PAHUJA LAW ACADEMY

Code of Criminal Procedure

Lecture – 6

Mains-Questions

1. A Company lodged the FIR for offence under Sections 408/420 I.P.C. its former Divisional Manager. After completing the investigation, a report under Section 173 Cr. C. was sent to Magistrate stating that the case was of a civil nature. The company lodged a protest petition with Magistrate and sought permission to prove commission of offence by X. The Magistrate after pursuing the investigation records, comes to conclusion that prima facie case under Section 408/420 IPC was made out and consequently on the ground that Magistrate had no power to issue process without first complying with provisions of Sections 200 and 202 of the Code. Decide.

2. Whether police officer has power to investigate after submitting the final report to magistrate?

3. Right a short note on closer report .

4. Explain what a charge sheet is there any difference between Challan and Chargesheet.

5. What do you understand by Inquest report?

• It contain the facts and conclusion drawn by the Police
• But the magistrate is not bound by the conclusion drawn by the police ie. He is expected to apply his judicial mind
• In Vasanti Dubey v. st of m.p [2012]
  sc held that the magistrate receiving the report has no power to direct the police to summit a particular kind of report
• If magistrate considers that the conclusion reached by the police officer is incorrect, he may
  direct the P.O to make further investigation U/156(3).
  

PAHUJA LAW ACADEMY

Code of Criminal Procedure

Pre-Questions

1. What is the maximum period to which a magistrate is authorized to remand an accused to police custody?

(a) 15 days

(b) 30 days

(c) 60 days

(d) 90 days

2. On the expiry of the period of remand as provided under section 167(2) of the Code of Criminal Procedure, the accused person

(a) May be released on bail if he is prepared to and does furnish bail

(b) Shall be released on bail if he is prepared to and does furnish bail

(c) Shall be released on bail irrespective even if he does not furnish bail

(d) None of the above

3. An accused was arrested for the offence of murder and he was produced in the court. The magistrate remanded him to judicial custody. On the way to the sub jail, the accused sustained injuries in a road accident. He was hospitalised for 16 days. Meanwhile, on the 3rd day of his remand, police filed an application seeking custody of the accused. After the discharge of the accused from the hospital, the magistrate remanded the accused to police custody. Whether the order is legal?

(a) Yes, it is legal as the accused was in the hospital during the first 15 days

(b) No, magistrate has no authority to grant police custody after first 15 days of remand

(c) Yes, it is legal since the police had filed application within the stipulated time

(d) None of the above

4. An accused was produced before the magistrate with a remand report. Police filed an application for police custody. The magistrate allowed the police custody for 2 days only. After the expiry of two days the police filed an application for extension of police custody producing the accused through video conferencing. The magistrate rejected the application since the accused was not produced in person. The order of the magistrate is

(a) Legal

(b) Illegal

(c) Depends

(d) None of the above

5. The right of an accused to be released on bail after expiry of the maximum period of detention provided under section 167 of the Code of Criminal Procedure, 197 3 can be denied

(a) According to the discretion of the magistrate

(b) Only when an accused does not furnish bail

(c) Only when the prosecution strongly objects

(d) None of the above

6. Can a criminal court examine a case diary to find out whether any materials are there to make out a case against the accused as alleged by the police?

(a) Yes

(b) No

(c) Depends

(d) None of the above

7. Can a case diary of another case, not pertaining to the trial in hand be summoned if the court trying the case considers that production of such a case diary is necessary or desirable for the purpose of trial under section 91 of the Code?

(a) Yes

(b) No

(c) Depends

(d) None of the above

8. Which of the following is mandated under section 173(8) of the Code of Criminal Procedure, 1973’?

(a) Re-investigation

(b) Fresh investigation

(c) Further investigation

(d) None of the above

9. Can a case diary of another case not pertaining to the trial in hand be summoned if the court trying the case considers that production of such a case diary is necessary or desirable for the purpose of trial under section 91 of the Code?

(a) Yes

(b) No

(c) Depends

(d) None of the above

10. Which of the following sub-sections to section 172 of the Code of Criminal Procedure, 1973 was/were inserted by the (Amendment) Act, 2008?

(i) 172(1A)

(ii) 172(1B)

(iii) 172(1C)

(iv) 172(1D)

(a) (i) only

(b) (i) and (ii) only

(c) (i), (ii), and (iii) only

(d) (i), (ii), (iii) and (iv)

PAHUJA LAW ACADEMY

CHARGE [PART-2]

• S/224  Withdrawal of remaining charges on conviction of one of the several charges.

This  Section  applies

1. When a charge containing more heads than one is framed against the accused.

2. He has been convicted of the main offence and the conviction stands, then there is no purpose served by containing with the trial for other smaller

   offences and therefore, the trial for other smaller offences may be given up.

PAHUJA LAW ACADEMY

Preliminary Questions

1. Error or omission in framing of charge

• is material in all circumstances shall vitiate the trial
• is material only if it has occasioned a failure of justice to the accused
• is material and the accused is liable to be acquitted
• both (a) & (c)

2. Addition or alteration of charge has been provided

• under section 214 of Cr PC
• under section 215 of Cr PC
• under section 216 of Cr PC
• under section 218 of Cr PC

3. Under section 216 of Cr PC, the Court has the power to

• add to the charge(s) already framed
• alter the charge(s) already framed
• only alter & not to add to the charge already framed
• add to and alter the charge both

4. Under section 217 of Cr PC, on addition or alteration of charge

• the prosecution has a right to re-call the witnesses already examined
• the accused has a right to re-call the witnesses already examined
• the prosecution has a right to call any further witness
• all the above

5. Joinder of charges is permissible

• under section 219 of Cr PC
• under section 220 of Cr PC
• under section 221 of Cr PC
• all the above

6. Joint trial of several persons is permissible. 

a. under section 219 of Cr PC

b. under section 223 of Cr PC

c. under section 221 of Cr PC

d. under section 222 of Cr PC

7. Which of the following is incorrect

• two diametrically different versions cab ne put to a joint trial
• two versions which one not mutually exclusive can be put to a joint trial
• the joint trial of several persons partly by applying one clause and partly by applying another clause of section 223 is authorised
• the various clauses of section 223, Cr PC are not mutually exclusive

8. If an accused is charged of a major offence, but on the facts established he cannot be held guilty of that major offence. At the same time the facts established indicate that a minor offence has been committed, the person so tried for major offence can be convicted for such minor offence. It has been so provided

• under section 220 of Cr PC
• under section 223 of Cr PC
• under section 222 of Cr PC
• under section 221 of Cr PC

9. The forms in which the charges may be framed are set forth in

• section 211 of Cr PC
• section 214 of Cr PC
• Ist Schedule of Cr PC
• 2nd Schedule of Cr PC

10. If one is accused of an act which may amount to theft, or receiving stolen property or cheating and is charged for theft only and from the evidence it appears that he has committed cheating, he can be convicted for cheating though no charge for cheating has been formally framed, by virtue of

• section 214 of Cr PC
• section 221 of Cr PC
• section 223 of Cr PC
• section 224 of Cr PC

PAHUJA LAW ACADEMY

MAINS QUESTIONS

1. What are the provisions of the Criminal Procedure Code regarding the place of trial in criminal cases? What is the correct place of trial in the following case:

2. “The rule that every offence shall be inquired into and tried by a court within the local limits of whose jurisdiction it was committed is not an absolute rule”. Comment and explain.

3. A stole B’s watch at Delhi and sold it to C at Calcutta. Can C be tried at Delhi for the receipt of stolen property?

4. A is travelling from Delhi to Bombay by train. During the night his suit-case is stolen. The theft is discovered at Bombay. B is caught with the stolen suit-case at Jaipur. Where B can be tried for theft?

5. Describe briefly the rules governing territorial jurisdiction of criminal courts in inquiries and trials.

PAHUJA LAW ACADEMY

[LOCAL JURISDICTION]

SECTION 177 – 189

• Þ This chapter determines which shall be the proper court to inquire into or try an offence.
• Þ The basic rule is contained in Section 177 which provides that ordinarily every offence is to be inquired into or tried by a court within whose local Jurisdiction it was committed.
• Þ The subsequent Sections [section 178 – 188], enlarge the ambit of local jurisdiction.
• Þ The rules laid down in this chapter are not mutually exclusive but cumulative and intended to provide wider choice for prosecution of offender.
• Þ The provisions of this chapter are not applicable to chapter – 8, 9, 10 [as these chapter does not deal with offences]

SECTION 177

“Every offence shall ordinarily be inquired into or tried by a court within whose local jurisdiction it was committed.”

Word “ordinarily” suggest that the section is general one and is subject to the other special provisions of the code or of any other law.

• Narumal vs. State of Bom [1960] SC

It was held that section 177 govern all criminal trials under the code including the trial of offences punishable Under Local or Special Laws.

•  This chapter has to be read along with section 462 Cr. PC. Which is intended to save decisions of courts which had no territorial jurisdiction to try the case

SECTION 178

 Place of Inquiry or Trial

• When it is uncertain in which of several local areas an offence was committed.

e.g.              A ————————————-à Gurgaon

Broad train G.T.B. Nagar                Theft/ pick pocket

It is uncertain- where offence was committed any court having jurisdiction over any such local area- can inquire or try it.

• Offence committed party in one local area and partly in other.
• Where offence is a continuing one and continues to be committed in more local areas that one.

e.g. Conspiracy to commit an offence

e.g. A (abduct Rohini)  ——————–    Faridabad     ——————–    Gurgaon

All the court will have jurisdiction

• Where an offence consists of several acts done in different local areas

e.g. A [put in fear of Injury at Mukherjee Nagar]  ——————–  delivery property [Rohini]

Both the courts will have jurisdiction.

In any of the above cases, it can be inquired into or tried by a court having jurisdiction over any of such local areas.

SECTION 179

Offence where act is done or consequence ensued

Where an act is an offence by reason of anything which has been done

and

of consequence

Offence can be inquired into or tried by any court i.e. where an act done or consequence follows.

The offences contemplated under this section are those offences which are not complete till a special consequence has ensued.

e.g. ‘A’ put in fear of injury at ‘X’ place and thereby induced to deliver the property at ‘Y’ place.

Here, for the offence of extortion, mere putting in fear of injury is not sufficient, delivery is important to complete this offence.

SECTION 180

Place of trial where act is offence by reason of relation to other act which is also an offence or which would be an offence if the doe were capable of committing an offence.
The 1^st mentioned offence may be inquired into or tried by any court within whose jurisdiction either act was done

e.g. ‘A’ abet ‘B’ to kill ‘C’ at Rohini

Faridabad

1^st mentioned offence of abetment can be tried at Faridabad or Rohini

• However, if the act abetted is not committed, the above rule cannot apply and in that offence of abetment can be tried only at a place where it has been committed. [in above e.g. in Faridabad]

• The 1^st mentioned offence under this section is the act which becomes an offence by virtue of its relation to any other act which is also an offence, it can inquired or tried into by any court, but it would not be vice versa.

e.g. In cases of offence of receiving stolen property, it can tried either where that property was stolen or where it was received.

But offence of theft can be tried only at a place where the theft was committed and not at the place of receiving, unless specifically provided in the code [like in section 181(3)]

Also

The place from where that journey starts or end

Provided, the accused or victim or thing is in journey

•  This section applies for the trial of offences committed in India only.

SECTION- 184

Place of trial for offences triable together

• Offences which can be joined together by virtue of Section 219, 220 or 221 of Cr. PC
• Offences committed by several persons, who can be joined by virtue of Section 223 Cr. PC inquired into or try by any court competent to inquire into or try.

SECTION- 188

When an offence is committed by a person outside India, he may be tried at any place at which he is found.

The object of requiring the sanction of the Central Government is to prevent the accused person being tried over again for the same offence in two different places.

But if a person has been convicted and sentence to nominal punishment or has been acquitted after a colourable trial in a foreign court, and if he afterwards found in India, the Central Government might give sanction to prosecute him in India for same offence

PAHUJA LAW ACADEMY

LECTURE -13

MAINS QUESTIONS

1. Any offence punishable under section 494 or section 495 of the Indian Penal Code may be inquired into or tried by a court within whose local jurisdiction

(a) The offence was committed

(b) The offender last resided with his or her spouse by the first marriage

(c) The wife by first marriage has taken up a permanent residence after the commission of the offence

(d) Any one of the above

2. In which of the following in which cases, it may be inquired into or tried by a court having jurisdiction over any of local areas?

I. When it is uncertain in which of several local areas an offence was committed

II. Where an offence is a committed partly in one local area and partly in another

III. Where an offence is a continuing one, and continues to be committed in more local areas than one

IV. Where it consists of several acts done in different local areas

(a) (i) and (ii) only

(b) (ii) and (ii) only

(c) (i), (ii) and (iii) only

(d) (i), (ii), (iii) and (iv)

3. When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a court

(a) Within whose local jurisdiction such thing has been done

(b) Within whose local jurisdiction such consequence has ensued

(c) Either (a) or (b)

(d) None of the above

4. Any offence of kidnapping or abduction of a person may be inquired into or tried by a court within whose local jurisdiction the person was

(a) Kidnapped or abducted

(b) Conveyed or concealed or detained

(c) Either (a) ot (b)

(d) None of the above

5. Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within whose local jurisdiction

(a) The offence was committed

(b) Any part of the property which is the subject of the offence was received of retained, or was required to be returned or accounted for, by the accused person

(c) Either (a) or (b)

(d) None of the above

6. Any offence which includes the possession of stolen property may be inquired into or tried by a court within whose local jurisdiction

(a) The offence was committed

(b) The stolen property was possession by any person who received or retained it knowing or having reason to believe it to be stolen property

(c) Either (a) or (b)

(d) None of the above

7. Which of the following cases may be dealt which in respect of an offences as if it had been committed at any place within Indian?

(a) By a citizen of India, whether on the high seas or elsewhere,

(b) By a person, not being. Such citizen, on any ship or airchraft registered in India,

(c) Both (a) and (b)

(d) None of the above

8. 8. Offences committed outside India shall not be inquired into or tried in India except with the previous sanction of the

(a) Central Government

(b) Chief Vigilance Commissioner (CVC)

(c) Government of the country where the offence has been committed

(d) None of the above

9. When an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere, he can be tried at

(a) Any court in India

(b) Delhi only

(c) Any place within India at which he may be found

(d) None of the above

10. When an offence is committed by a person, not being a citizen of India, on any ship or aircraft registered in India, he can be tried at

(a) Any court in India

(b) Delhi only

(c) Any place within India at which he may be found

(d) None of the above

PAHUJA LAW ACADEMY

MAINS QUESTIONS

1. What is the scope of criminal appeal and revision? When can a revision be filed and in which court and on what ground?

2. Whether an appeal lies against acquittal? If so, in what court?

3. To what extant does an appeal lie against conviction of plea of guilty?

4. Distinguish between reference and revision.

5. What is an interlocutory order? Does a revision lie against such order?

PAHUJA LAW ACADEMY

MAINS QUESTIONS

APPEAL

• It is statutory right and there can be no inherent right of appeal unless it is expressly provided by the law itself held in

National Commission for women v. State of Delhi [2011] SC

• Section 372 :- No appeal unless provided in the codes or by any other law.
• Appeal is provided under/373, 374, 377, 378, 379, and 380.

Apart from these general sections. There are other provisions giving the right of appeal in some specific areas e.g. Section/86, 237(7), 250(6), 341, 351(1), 449 etc.

 



 



 



 



 



Unless – accused opportunity of showing cause against such enhancement

The right to appeal under/this section has been given only to state and not to complaint or any other person.

However, they can move H.C or C.O.S under/their revisional powers and the courts are competent to enhance the sentence.

PAHUJA LAW ACADEMY

LECTURE -14

PRE-QUESTIONS

1. Which of the following sections of the Code of Criminal Procedure deals with the abatement of appeals?

(a) Section 394

(b) Section 391

(c) Section 392

(d) Section 399

2. 2) Every appeal under section 377 or section 378 of the Code of Criminal Procedure shall finally abate on the death of the accused. The statement is

(a) True

(b) False

(c) Partly

(d) None of the above

3. Under section 394(2) of the Code of Criminal Procedure every appeal expect an appeal…………….shall finally abate on the death of the appellant.

(a) Against acquittal

(b) Against conviction

(c) From a sentence of fine

(d) None of the above

4. Which of the following sections of the Code of Criminal Procedure imposes a ban on using revifsional power against an interlocutory order?

(a) Section 397(1)

(b) Section 397(2)

(c) Section 397(3)

(d) Section 397(4)

5. In which of the following cases the Supreme Court defined the term ‘interlocutory order’?

(a) Madhu Limya v State

(b) Joginder Singh v State

(c) R k Jain v Sate

(d) None of the above

6. Principles relating to abatement of appeal are applicable to revision also. The statement is

(a) True

(b) False

(c) Partly Correct

(d) None of the above

7. ‘Revision is maintainable only when a question of law is involved in the case’. The statement is

(a) True

(b) False

(c) Partly Correct

(d) None of the above

8. Does a revision petition abate on the death of the petitioner?

(a) Yes

(b) No

(c) Depends

(d) None of the above

9. Which of the following jurisdictions can be exercised by the court ‘suo motu’?

(a) Appellate

(b) Revisional

(c) Both (a) and (b)

(d) None of the above

10. Can a revision court re-appreciate evidence like the appellate court?

(a) Yes

(b) No

(c) Depends

(d) None of the above

PAHUJA LAW ACADEMY

LECTURE -15

MAINS QUESTIONS

1. Discuss the rules relating to trial before a Court of Sessions.

2. Suppose you are a public Prosecutor in a sessions court. A murder case has been entrusted to you. What steps will you take during the course f the trial till its conclusion?

3. Can a Court of Session pass a sentence without hearing the accused? If not, what is the effect?

4. 4) On what ground can a Court of Session discharge an accused?

5. Briefly discuss, whether a detailed speaking order is required to be passed before framing charges by Court of Sessions?

The court may refuse to issue summons if:

1. vexation

2. delay

3. defeats the ends of justice

The accused himself is a competent witness and can give evidence on oath in disprove of charges made against him [under section 315].

The defense may also submit a written statements in reply to prosecution evidences. [section 233(2)]

PAHUJA LAW ACADEMY

LECTURE -15

PRE-QUESTIONS

1. 1) What is the maximum amount of compensation which can be awarded by a judicial magistrate of the first class for accusation without reasonable cause under section 250 of the Code of Criminal Procedure, 1973?

(a) Rs 1, 000

(b) Rs 5, 000

(c) Rs 10, 000

(d) Rs 15, 000

2. What is the maximum period of default sentence which can be awarded for non-payment of compensation for accusation without reasonable cause under section 250 of the Code of Criminal Procedure, 1973?

(a) 15 days

(b) 30 days

(c) 60 days

(d) 90 days

3. Which of the following sections of the code of Criminal Procedure, 1973 authorizes a magistrate to award compensation for accusation without reasonable cause?

(a) Section 248

(b) Section 249

(c) Section 250

(d) Section 251

4. Section 256 of the Code of Criminal Procedure deals with the acquittal of accused for

(a) None-appearance of the complaint

(b) Death of the complaint Either (a) or (b)

(c) Either (a) or (b)

(d) None of the above

5. Can the magistrate dispense with the first appearance of the accused in response to a summons from the magistrate?

(a) Yes

(b) No

(c) Depends

(d) None of the above

6. The trial in summons cases commences with the

(a) Appearance of accused

(b) Framing of charge

(c) Examination of witness

(d) None of the above

7. When a complaint is dismissed by a magistrate under section 256(10) of the Code of Criminal Procedure, the proper remedy available to the complainant is to

(a) File a restoration petition

(b) File a criminal revision

(c) File a an appeal by special leave

(d) File a petition under section 482

8. 8) On a complaint filed by A, the accused B was summons by the magistrate. B failed to appear in court in obedience of summoned and hence, non bailable warrants were issued against him, from time to time. The warrants were r returned unexecuted. On one of the days on which warrant was returned unexecuted, the complaint was absent. The magistrate passed the following order:

   ‘Accused absent warrant retuned unexecuted. Complainant absent. No

   representation. I do not find any reason to adjourn the case further. In the result,

   acquitted the accused under section 256(1) Cr.PC.’ Decide the legality of the order?

(a) The order is legal sic complainant was not present

(b) The order is illegal since on that day the presence of complainant was not necessary

(c) The order is legal since complainant was not represented

(d) None of the above

9. Under section 257 of the Code of Criminal Procedure a complaint can be withdrawn

(a) Before the substance of accusation is read over to the accused

(b) Before the examination of witnesses

(c) Any time before a final order is passed

(d) None of the above

10. The complainant died during the proceedings in a complaint case. Can the magistrate allow the legal heirs to continue the prosecution?

(a) Yes

(b) No

(c) Depends

(d) None of the above

PAHUJA LAW ACADEMY

LECTURE -16

MAINS QUESTIONS

Trial of Warrant Cases by Magistrate

1. Discuss in detail the procedure followed in a warrant trial.

2. What are the ways and means for the speedy disposal of Warrant Cases?

3. Give Procedure to be adopted by the magistrate in the trial of a warrant case instituted on a police report.

4. Describe the procedure in respect of trial of warrant cases by magistrate instituted on a police report and instituted otherwise than on a police report.

5. What is a summon case? State the procedure laid down by the Code of Criminal procedure for trial of summon cases.

PAHUJA LAW ACADEMY

LECTURE -16

Trial of Warrant Cases by Magistrate

[Non compliance will not vitiate the trial but will be merely an irregularity curable under section 465]

For framing of charge under section 240, three conditions are necessary:

1. Magistrate competent to try that offence

2. Sufficient grounds

3. He can be adequately punished by the Magistrate

1. fix date for prosecution evidence [section 242]

2. Issue process

a. witness b. documents

3. Exam of witness or documents

4. Defer cross — exam of any witness or re-call any witness

Section 314 oral arguments and memorandum of argument on behalf of prosecution.

Section 313: Personal examination of accused

Section 243: Evidence for defense

Unless, if court refuses on the grounds

a. vexation

b. delay

c. defeats the ends of justice

Proviso:

Re-calling of prosecution witnesses by the court on application of defense will not be allowed

unless magistrate thinks it necessary for the ends of justice.

4. The magistrate may require reasonable expenses to be deposited in court for the purpose of issuing of summon to witnesses or documents

PAHUJA LAW ACADEMY

LECTURE -16

MAINS QUESTIONS

1. Which of the following sections of the Code of Criminal Procedure authorizes the magistrate to discharge an accused in a warrant case, instituted on a police report?

(a) Section 239

(b) Section 240

(c) Section 245

(d) No such power exists in warrant cases

2. An accused has no right to cross-examine the witnesses examined by the prosecution under section 244 of the Code of Criminal Procedure. The statement is

(a) True

(b) False

(c) Partly Correct

(d) None of the above

3. Which of the following conditions is/are required to be satisfied before discharging the accused under section 249 of the Code of Criminal Procedure?

(a) Proceedings must have been instituted upon complaint

(b) The offence may be lawfully compounded or non-cognizable

(c) Both (a) and (b)

(d) None of the above

4. In which of the following cases, the magistrate can issue summons to witnesses before the framing of charge?

(a) In any warrant case instituted on police report under section 240 of Cr.PC

(b) In any warrant case instituted otherwise than on police report under section 244 of CrPC

(c) In any summons case instituted otherwise than on police report under section 253 of CrPC

(d) None of the above

5. To discharge an accused under section 245 of the Code of Criminal Procedure, the magistrate has to consider

(a) Whether a prima facie case is made out

(b) Whether the charges are groundless

(c) Whether any case against the accused is made out, which, if un-rebutted, would warrant his conviction

(d) None of the above

6. 6) In a warrant trial instituted otherwise than on police report, the complainant gets two opportunities to lead evidence firstly, before the charge is framed and secondly, after the charge. The statement is

(a) True

(b) False

(c) Partly Correct

(d) None of the above

7. A had prosecuted B on charges of cheating, criminal breach of trust, etc. B was acquitted of the charges by the pressing officer of the charges by the presiding officer of the court who issued simultaneously a notice to A as pay compensation under section 250 of the Code of Criminal Procedure. By the time A could give his response, the pressing magistrate ordered Rs The succeeding magistrate ordered Rs 6000 as compensation to the accused. Examine the legality of the order?

(a) The order is legal

(b) The order is illegal since he had no jurisdiction to award compensation of more than Rs 5000/-

(c) The order is illegal since a succeeding magistrate has no jurisdiction to invoke powers under section 250

(d) None of the above

8. In which of the following cases, the Supreme Court held that in appropriate cases the magistrate can allow an accused to make even the first appearance through a counsel?

(a) J K International v State

T C Mathai v District and Sessions Judge

(c) Bhasker Industries Ltd v Bhivani

(d) None of the above

9. Which of the following precautions the court should take in a situation when the personal appearance of the accused is dispensed with?

(a) An undertaking from the accused that he shall appear any time be taken

(b) An undertaking from the accused that he shall not dispute identity of accused, be taken from accused

(c) Both (a) and (b)

(d) None of the above

10. Can a complaint be dismissed for a singular default in appearance on the part of the complainant?

(a) Yes

(b) No

(c) Depends

(d) None of the above

PAHUJA LAW ACADEMY

LECTURE -Cr.PC

SECTION -31Cr.PC

Clause (1) It applies only when:-

(a) A person is convicted for two or more sentences at one trial, and

(b) The prescribed punishments which the court is competent to inflict, consist of imprisonment.

If the above conditions are fulfilled, then the court may sentence firm to imprisonment for such
offences and each of such sentence shall commence after the expiration of other in such order as the court may direct.

Therefore, normal rule is they will run consecutively unless the court directs that they shall run concurrently i.e. where the court omits to mention whether they will run consecutively or concurrently, the sentences will run consecutively.

The expression “imprisonment” includes L.I. as well. [Kamalanantha vs. State of Tamil Nadu] 2005 SC.

This clause enjoins a further direction by the court to specify the order in which one particular sentence shall commence after the expiration of the other.

The problem arises only when one or more sentence of imprisonment for life along with after sentences are imposed. In such a case the court will have to further direct that the sentence of imprisonment for life will commence only after the expiration of other imprisonment.

many cases the court had errored in sentencing L.I. first and after imprisonment thereafter.

Sub- section (2) applies only in a case where consecutive sentence is passed and that too by a court of limited sentencing jurisdiction. it says that if the aggregate punishment for the several offences directed to be suffered consecutively, in excess of the punishment which the court is competent to inflict, then it shall not be necessary for the court to have recourse to section 325 Cr. PC.

Ahamed Koya vs. State of Kerala [1991]

A personal of section 28 and 29 Cr. PC reveals that unlike a CJM or JMI or JM II class or Assistant S.J., the H.C., S.J. or Additional S.J. have unlimited sentencing power and they can pass any sentence authorised by law. Thus clause (2) has no app in to the H.C., S.J. or Additional S.J. the proviso (a) and (b) thereof also is not applicable to above said court.

Proviso (a) providing 14 year limit applies only to consecutive sentence imposed by Magistrate’s courts and Assistant session court. However S.C. has applied the said proviso to session judges and Addition Session Judges

In Chatar Singh vs. State of Madhya Pradesh.

The Session Judge, ordered total period of consecutive sentence of 40 years. On appeal, H.C. reduced the sentence to total period of 20 years.

The S.C. relying on the proviso (a) to section 21(2) criticized the trial court and H.C. decision for passing sentence exceeding 14 years and directed that the 12 years already undergone by the convict would be sufficient.

[like in cases, where sentence in passed by Session or Additional Session Judge under his proviso exceeds 14 years, then in such cases sentences imposed should run concurrently and not consecutively. [Duryodhan Rout vs. State of Orissa (2014)]

The above proposition is in direct conflict with Section 31(1).

Another aspect which has been overlooked in the aforesaid decision is that in order to stick 14 years rule of sentence prescribed by clause (a), the Apex Court over looked the fact that the 14 years rule would stand breached even if concurrent sentence is ordered in those cases where the life convict survives for mere that 14 years.

Conclusion: when under clause (1), it is permissible for the S.J. to order consecutive sentence and the said power cannot be taken away or defeated by relying on clause (2) or its proviso.

PAHUJA LAW ACADEMY

TENDER OF PARDON (SECTION 306-308)

This section deal with tender of Pardon to an accomplice. Such a person is also known as approver.

With a view to obtaining the evidence of any person supposed to have directly or indirectly concerned in or pricy to any of the offences.

Pardon under this section can be granted in respect of offences Under Indian Penal Code or under other Law (POCA).

This Section grants conditionals Pardon (on condition that he will make full and true disclosure of all the circumstances relating to offence).

This Section is an exception to the rule that

1. No inducement should be offered to a person to disclose what he knows.

2. Also that the statement of an offender cannot be taken as evidences against his co-accused unless they are tried jointly and other conditions mentioned Under Section 30.

Pardon can be granted at any stage i.e. investigation, inquiry or trial.

It can only be granted w.r.t. offence under Subsection (2) of Section 306.

Following courts and Magistrate have the power to grant pardon

1. CJM

2. MM

3. M 1st class, inquiring into or trying the offence at any stage of inquiry or trial

4. Court to which commitment is made, before judgment.

It can be granted only in respect of following offences.

1. Offences tribal executively by a C.O.S.

2. Offences punishable with imprisonment for seven years or more

3. Offences tribal under Criminal Law Amendment Act, 1952

While granting pardon, the magistrate has to record reasons. Failure to do so is an irregularity

An approver cannot be released on bail till the trial is over (in order to protect….)

When he accepts tender of pardon he is implied discharged not only in respect of an offence in which pardon was granted but also for any offence in connection with the same matter.

He is competent witness against other accused

If he does not comply with the condition of full and complete disclosure, he shall be tried for the offence in respect of which the pardon was granted.

Also, he can be tried for giving false evidence.

PAHUJA LAW ACADEMY

COMPOUNDING OF OFFENCES

It means to forbear from prosecution for consideration

It is not possible to compound each and every offences

The offences mentioned in Sub Section (1) can be compounded without the leave of the Courts whereas those mentioned in Sub Section (2) can only be compounded with the leave of the Court. Rest are not compoundable. Offences Under other Laws also cannot be compounded.

The Reason for allowing compounding is there are certain class of offences which affects individuals only and not society, so they may be sufficiently redressed by composition.

The offences can be compounded by the persons mentioned in column (3) of the sub Section (1) and (2)

As per sub Section (4), if that person is minor, idiot etc, they any person competent may with the leave of the Court, compound the offence.

Where such person is dead, then Legal representative may do so with the leave of the Court.

Under Sub Section (1), the Court has no option but to allow the compromise.

Under this Sub Section, compounding can be done at any stage even before filing of complaint.

But under Sub Section (2), no compromise unless the court has granted leave and sanctioned the compromise. This can be done at any stage before judgment is pronounced. [Court must record reasons to enable Superior Court to determine whether the discretion has been exercised properly.]

Effect — acquittal (even if no formal order of acquittal is passed)

Bar of Section 300 apply

If more that one offence has been compounded one or more — compoundable and Rest — non compoundable a composition in respect of compoundable with not acquit the accused of the non compoundable one.

Compounding in non Compoundable Cases

 

The Supreme Court in Case of Narinder Singh and Other v. St. of Punjab and Another. [2014]

There are cases where the power of the H.C. Under Section 482 of CrPC to quash the proceedings in those offences which are non compoundable has been recognized.

 

Further it said that

“Quashing of an offence on the ground of settlement between the victim and offender is not the same thing as compounding of offence. However, this power to be exercised sparingly.

 

Recently Supreme Court in the Case Unni Krishanan@unnikutta vs. State of Kerala. [2017] for the 1st time, court has permitted compounding of an offence against the society [section 394, voluntary causing hurt while committing Robbery.

 

In this case, appellant was convicted under 394, and sentenced to 3 years Rigorous Imprisonment High Court reduced it to 2 years. During SLP, the compromise between the parties was reached, and an application under Section 320 was filed. Section 394 is not listed either under 320(1) or (2).

 

Earlier Court had made it clear that crime against the society cannot be compounded.

 

Similarly, quashing Under 482 was held to be exercisable in criminal cases having a predominantly civil flavor, particularly offences arising from commercial financial, mercantile, partnership or such like transaction.

 

Or in offences arising out of matrimony or family disputes where wrong is basically private [J. Ramesh Kamath v. Mohera Karup [2016]]

 

Recently the Supreme Court in the Case of Bhagyani Das v. St. of Uttrakhand. [2019] agreeing with the view of Uttrakhand H.C., observed that Merely because an offence is compoundable under 320 CrPC, still discretion can be exercised by the Court having regarding to the nature of the offence. Facts: Accused — Govt. Servant — working as a village development officer — she was found indulged in grabbing the amount meant for the development of the poor villagers.