Lectures of CRPC

Lectures of CRPC

PAHUJA LAW ACADEMY

Code of Criminal Procedure

Lecture – 1

 

MAINS QUESTIONS

 

  1. Distinguish between

(i) Cognizable and Non-Cognizable Offences

(ii) Bailable and Non-Bailable Offences

(iii) Summons Cases and Warrant Cases

 

  1. Clearly explain the difference between Investigation, Inquiry and Trial.

 

 

 

 

PAHUJA LAW ACADEMY

Code of Criminal Procedure

                                                               

Lecture – 1

              

  • The code of criminal procedure came into force on 1st April, 1974.
  • The subject of criminal procedure lies in the concurrent list.
  • The criminal law, in its wide sense, consist of both the substantive and procedural criminal law.

Substantive criminal law defines, the offence and punishment for the same, while the procedural criminal law is to administer the substantive law.

IPC dowry prohibition act, etc, constitutes substantive criminal law whereas the code of criminal procedure has been designed to look after processes of the administration and enforcement of the substantive law.

  • The code of criminal procedure provides the machinery for detection of crime, apprehension of suspected criminals, collection of evidence, determination of the guilt or innocence of the accused and imposition of punishment. In addition, prevention of offences and public nuisance.
  • The entire Cr. P.C, is based upon the consideration that

1 . Accused should get a fair trial in accordance with the provision of the natural justice e.g, section 57 of the code .which requires the producing of accused within 24 hour of arrest before the magistrate. This provision is in light of constitutional requirement of protecting the individual from arrest.

  1. Every effort should be made to avoid delay. Though there is no express provision with respect to the same but the Hon’ble Supreme court in

A.R. Antule vs R.S Nayak (1992) SC , also in P. Ramchandra Rao vs State of Karnataka (2002) SC has held that ,there is no fixed upper limit of investigation , there can be an interference by the court

  1. The procedure should ensure fair trial to the poor section of the community e.g. free legal aid.
  • Short, extent and commencement it extends to whole of India except the state of Jammu and Kashmir and some state of Nagaland and some of the tribal areas.

It does not apply to the state of Jammu and Kashmir because of the special status given to that state by virtue of the article 370 of the constitution.

The provision also shall apply to;

  • State of Nagaland
  • Tribal areas

 

Because of social condition prevailing in these areas provided, the concerned state government has been empowered to apply all or any of the provision of these areas.

But the provision of the chapter VIII, X and XI will apply to these areas

The Supreme Court ,has held that  even though the provision of Cr. P c are not applicable in certain district of the state of Nagaland but the authorities would be governed by the substance of these rules.

  • Though the act is exhaustive .however if the court finds that the code has not made specific provision to meet emergencies of any situation, the court has inherent power to mould the procedure to enable it to pass such orders as ends of justice may require.

The subordinate court does not have any inherent power.

The high court has inherent power U/S 482 of the code.

  • Applicability of the act

Broadly speaking, the Cr. PC is applicable in respect of the investigation, Inquiry or Trial of every offence under the substantive law (Whether such offence is punishable under IPC or under any special or local law).

However, the rule is not unduly rigid i.e. the code make room for such special law and procedure and gives procedure to it over general procedure provided in the code. Section 4 and 5 manifest this provision.

  • Difference between cognizable and non- cognizable offences
  • Offences under IPC; Whether the offence is cognizable or non cognizable, it is provided in 1st schedule of the code.
  • Offence under other laws; Generally, offences punishable with less than 3 years, are non cognizable whereas offences punishable with 3 or more years are cognizable offences.

But this general rule is subject to that special law.

 

  • Differences between Investigation , Inquiry and Trial ;

 

Police                                                      C                                                     Issue

O

Offence                                  Magistrate                                            G                                                       of

N

Magistrate Information                         I                                                     process

Z

A

B

L

E

 

PAHUJA LAW ACADEMY

Code of Criminal Procedure

Lecture – 1

 

PRE-QUESTIONS

  1. Which classification of offence comes under Criminal Procedure Code

(a) cognizable & non-cognizable

(b) bailable & non-bailable

(c) summons cases & warrant cases

(d) all the above.

 

  1. Cognizable offence under IPC has been defined

(a) under section 2(a) of Cr.P.C.

(b) under section 2(c) of Cr.P.C.

(c) under section 2(i) of Cr.P.C.

(d) under section 2(1) of Cr.P.C.

 

  1. In a cognizable case under IPC, the police has the

(a) authority to arrest a person without warrant

(b) authority to investigate the offence without permission of the Magistrate

(c) both (a) & (b)

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

 

  1. In a cognizable case under IPC, the police will have all the powers to

(a) investigate except the power to arrest without warrant

(b) investigate including the power to arrest without warrant

(c) investigate and arrest without warrant only after seeking permission from the Magistrate

(d) investigate and arrest without warrant only after informing the Magistrate having jurisdiction to inquire into or try the offence.

 

  1. Classification of summons case & warrant case

(a) is useful to determine the trial procedure to be adopted

(b) is useful to determine the investigation procedure to be adopted

(c) is useful to decide the question of issuance of process to the accused

(d) (a) & (c) are correct.

 

  1. Complaint, as provided under section 2(d) of Cr PC

(a) can be in writing only

(b) can be oral

(c) either in writing or oral

(d) can be by gestures.

 

  1. The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) came into force on

(a) 22nd June, 2006

(b) 21st June, 2005

(c) 23rd June, 2006

(d) 23rd July, 2006

 

PAHUJA LAW ACADEMY

Lecture – 2

 

 

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?

 

  1. What is the scope and extent of magisterial power to order investigation under section 156(3)?

 

 

 PAHUJA LAW ACADEMY

 

  • S/ 156 Police officer’s power to investigate cognizable Case

 

Any magistrate

Police officer                      If P.O not having jurisdiction             empowered U/190 may order

incharge                                              to investigate                          such an investigation

 

Investigate                                         Investigate                                [Pre-cognizance investigation]

 

Without order of              such an investigation cannot be

Magistrate                          questioned

 

  • Cognizable offence

 

Police                                    Magistrate [as Complainant]                       Magistrate Information

 

FIR                          Cognizance         No cognizance   order investigation                                                                                                          [190(1)(a)]                                          [S/156(3)]

 

 

Investigate         Complaint proceedings                 Police investigate

[200-203]

 

Police report                                                                      Report submit

Submit

 

Magistrate                                          Magistrate             cog (190(1)(c)    no cog    Order Investigation

[S/156(3)]

 

 

cog.                       No cognizance                                                                                        Police investigate

(190(1)(b)

Further investigation      Cognizance               No Cog.                                      Police Report

U/156(3)                         [190(1)(b)]

Magistrate

Cog (190(1)(b)                     No cog

 

Police officer investigation

 

Doubt as to whether        knows it to be a non                     believes it to be a cog.

offence                                  cog. Offence                                    offence

 

Cog / non cog                     Police investigation                         after investigation

Without the order

investigation                      of magistrate                                     turns out to be a non

cog. offence

after investigation           Such an investigation

 

 

offence- Non                          illegal                                               shall be deemed to be a

cog offence                                                                                        complaint U/2(d) Explanation.

 

that police report

 

shall be deemed to be

a complaint as per

S/2(d) Explanation

 

 

PAHUJA LAW ACADEMY

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

 

  1. 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.

 

  1. 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).

 

  1. 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).

 

PAHUJA LAW ACADEMY

Lecture – 3

 

MAINS QUESTIONS

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

 

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

 

  1. (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?

 

 

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

 

 

Written

orally

 

If given orally

 

 

duty of P.O incharge

himself

reduced into writing

subordinate

shall be signed by the informant

 

read over and explain to the informant

 

so that he may suggest correction

  • U/154(2) copy free of cost-be given to the informant
  • U/154(3) if P.O. refuses to lodge FIR remedy is provided under this clause
  • Police officer is duty bound to lodge FIR. [Lalita kumari v. state of U.P] therefore he has to decide whether he will investigate or not
  • Effect of delay in lodging FIR
  • It raises suspicion in the mind of count
  • Delay is allowed in some cases
  • If information does not contain full detail
  • Superintendent of police, CBI V. Tapan kumar singh (2003) held:- FIR is not encyclopaedia, which must disclose all the detail, but its must disclose information as to cognizable offence.
  • Cryptic Information
  • Tapinder Singh V. St. of Punjab [1970] SC .

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

Evidentiary Value of FIR

FIR

 

Any informant                                    victim

 

 

Eye witness     hearsay                 Prosecution            Non confessional                    Confessional

Relevant under                                  witness                                                                      FIR

S/6- same transaction

S/145-contradiction                           Relevant           admissional                             hit by S/25 of

S/157-corroberation                              S/145                                                                 IEA

S/159-Refreshing memory                    S/157             relevant U/21 of IEA

S/159            S/8- subsequent conduce            If discovery

S/6- same transaction

But if victim dies

(Relevant as Dying Declaration U/32 (1) of                                 Relevant

the Indian evidence Act [substantive piece of evidence]       U/S 27 of IEA

 

 

  • 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  160

Police officer’s power to require attendance of witness

Written order
Own police station or adjoining police station
Witness includes victim and accused also

 

Power to order appearance except

(1) child below 15 years

(2) woman

(3) Male above 65 years

(4) physically or mentally disabled

 

Order U/160 cannot be enforced by police officer i.e. he cannot arrest, seize etc.
Witness bound to appear

 

 

Section 161 Examination of witness by the police

I.O or any officer authorized                      witness                                        P.O. may reduced into

By I.O                                                                                                             writing any statement

Made to him and he if

Examine orally                                                                                                and he if he does so

Bound

Who is                                                       to give true answers

Aquainted

With the facts of the case                    except questions which can                               shall make a

expose him to                                                  true and

(1) criminal charge  or proceeding                     separate

(2) penalty                                                              record.                                                                  (3) forfieture

 

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
  2. Superintendent of police
  3. Magistrate having jurisdiction
  4. Any police officer above the rank of station house officer who refused to record the information
  5. None of the above

 

  1. Which of the following is an essential ingredient of a first information report
  2. It must contain the name of the accused
  3. It must be given by a person aggrieved
  4. It must be an encyclopaedia of the prosecution case
  5. None of the above

 

  1. Which of the following statement is correct regarding the evidentiary value of a first information report (FIR)?
  2. It is a substantial piece of evidence
  3. It can be used to corroborate the maker
  4. It can be used only to contradict the maker
  5. None of the above

 

  1. 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
  2. Legal
  3. Illegal
  4. FIR if it was registered after verifying the truth of the information
  5. None of the above

 

  1. 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,
  2. Police shall register a new FIR
  3. There is no need for registering a new FIR , only report shall be filed
  4. The second FIR should be treated as the original FIR
  5. None 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?

        Explain with the help of legal provision.

 

PAHUJA LAW ACADEMY

Bullet Notes (Cr PC)

Lecture no. 4

Topic – S/162 and S/164

Section 162

Witness

 

in the course of investigation of that very case,

in which the appears as a witness before the court

 

made a statement to the I.O with

the offence U/Investigation

 

Oral                                                                                                                       reduce to writing

 

No use, i.e no evidentiary value

in the Inquiry or Trial of that case

If such witness appears as a prosecution

Witness, then one value, ie can be used

For contradiction by

 

 

Defence     or                      prosecution [when he turned hostile]

 

 

Section 164

Confessions

 

Judicial Confessions                        Extra Judicial Confessions

 

 

J.M or M.M U/S 164 CrPC             in court during trial

 

 

To police U/25     To any 3rd          To anyone U/29     To magistrate

of E.A                  person in                  of E.A              [private capacity]

police custody

S/26 of IEA

  • 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

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)

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

 

PAHUJA LAW ACADEMY

Code of Criminal Procedure

Lecture – 5

 

Mains Questions

 

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

 

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

 

 

 

PAHUJA LAW ACADEMY

Bullet Notes (Cr PC)

TOPIC- S/167 r/w 57 Cr PC

  • Section 167

Provides for the procedure when investigation cannot be completed with 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 U/S57 can only be for a reasonable time and such reasonable time can be less than 24 hours or more than 24 hours and in the latter case, the maximum detention without magisterial permission shall not exceeds 24 hours.

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

 

Transmit a copy of case diary                                    and                        produced accused before the nearest

Magistrate [whether or not such

magistrate is having the jurisdiction

to try or not]

  • Magistrate can grant

 

Judicial custody                       or                          police custody

 

 

For the first fifteen days

but

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

Upon the completion of 1st 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 1st 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.

Purpose is to keep a check on police.

This section provides for the evidentiary value of such diaries.

It is a document under section 91 that can be summons by the court.

Clause (3) of section 172 imposes restriction on the use of such case dairy.

 

 

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).

 

  1. Section 167 of Cr PC is applicable during

(a) investigation

(b) enquiry

(c) trial

(d) all of the above.

 

  1. 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.

 

  1. 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).

 

  1. 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).

 

  1. 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.

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.

 

 

Offence

Accusation is well founded

 

 

Accusation well founded
Accusation or information is not well founded

 

But investigation is completed within 24 hours

 

 

Follow sec. 169
But investigation cannot be completed within 24 hours
Follow sec.167

 

 

On submission of report to magistrate u/s 173
If it appears to the P.O, that accusation is not well founded

 

Sec. 169 Release of accused when evidence is deficient

 

Release such person on executing a bond to appear before Magistrate if & when so required
If magistrate disagrees with the police
Finds evidence adequate

 

 

Discharge           cognizance

 

 

Sec. 170  Cases to be sent to Magistrate when evidence is sufficient

Accusation well founded + investigation completed in 24 hrs
Police forward accused before magistrate
To execute a bond
Send the original bond
Magistrate with report
In either of the cases
Also send weapons or other articles + require the complaint & other witness
Copy of the bond
Person executing it
If offence is bailable
Release him & take security for his appearance before magistrate on the day fixed .

 

 

  • S/173 police Report:- it is the report of the investigation which is filed at the end of

the  investigation.

 

Positive report

Charge sheet/challan

Negative Report

Final report/ closure Report

It is opinion upon investigation

Since it is part an investigation

Judiciary is not bound to take cognizance upon such police 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).

 

Inquest Proceeding [174-176]

 

Inquest under section 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 under section 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 under section 174.

 

 

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

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

Lecture – 7

 

Mains Questions

  1. Distinguish between

Bailable and Non-Bailable Offences

 

  1. ‘A’ was charged with murder of ‘B’. When ‘A’ was taken into custody, he sought bail. The Sessions Court denied him bail. He approached the High Court.  The High Court granted him bail under Section 437 of Cr.P.C. The complainant wants to question the bail. Examine and decide:

(a) Whether complainant can question the bail?

(b) On what grounds can the bail be cancelled?

(c) What does the term ‘judicial discretion’ imply?

(d) Can bail be granted on parity of reason?

 

  1. What is anticipatory bail? Under what circumstances can anticipatory bail be granted? Discuss with reference to important Court decisions.

 

 

Pahuja Law Academy

Bail

Bail

 

Regular Bail                                                        Default Bail                                        Anticipatory Bail

(S/ 436, 436A, 437, 439)                                [S/ 167(2)]                                           (S/ 438)

 

 

Bailable       None Bailable                    Right of accused

Offence                offences                              to get

 

Right of                Court’s discretion

Accused               to grant bail                        Whether the offence

Is bailable/ non-bailable

Bailable Offences Non-Bailable Offences
1.       Offences which are shown as bailable is 1st schedule or made bailable by any other Law.

2.       Bail is granted as a matter of right.

3.       Only requirement is that the offence should be bailable.

1.       Any other offences

 

2.       Discretion of court

3.       Court will hear the prosecution and defence before granting bail.

 

  • The Law f bails relates to the balancing of individual and societal interest. The provision of bail is to restore the liberty of arrested person without jeopordising the objective of arrest. The general Rule is “Bail not jail”.

 

  • The object of arrest and detention of the accused is primarily to secure his appearance at the time of trial. If his presence at the trial could be reasonable ensured otherwise that by his arrest and detention, it would be unjust and unjair to deprive him of his liberty.

 

  • In bailable offences, statute recognized that individual’s right to personal liberty has to be give priority over societal interest as the offence is not grave and does not have wide social implications.

 

  • In Non bailable offences, the balancing of interest is not by the statute as such rather the discretion lies with the court.

 

  • Bail as such has not been defined in the CrPC. Generally, it has been defined as Security for the appearance of the accused person, on giving which, he is released pending trial or investigation. It is a temporary release from the custody.

 

 

  • S/436 This applies in cases of Bailable offences

 

Under this section, bail is granted as a matter of right by

 

Police officer                               Court

 

  • S/ 436A Maximum period for which or under- trail prisoner can be detained:
  1. This Section applies in non-bailable offence and where accused is in custody.
  2. He must not be accused of an offence for which death penalty is provided as one of the punishments provided for that offence.
  3. If accused has remained in custody for half of maximum imprisonment provided for that offence, then he shall be released on bail.
  4. This court may with recorded reasons extend the period of detention but only after hearing the public prosecutor.
  5. That the accused shall not be detained in custody for a period mere than what is provided for that offence.
  6. In computing the period, the period taken by the accused in delaying the trial shall be excluded.

 

S/437 When bail may be taken in non-bailable offences

Under this section, bail is not granted as a matter of right but it is granted at discretion.

Bail

 

As right                                                discretion

167(2) proviso,                                  S/439

436                                                         437(1)

436A                                                      437(2)

437(2)                                                   395

437(6)                                                   397

437(7)                                                   389

 

 

                                                       Cancellation of Bail

 

S/436                     437(5)   439(2)   439(1) C.O.S./H.C.

437 Magistrate/ P.O.

436 Magistrate/ P.O.

167(2) Proviso.

  • Various guidelines have been given by court for granting and cancellation of regular Bail.
  • Can there be successive Bail Application filed

 

Rajesh Ranjan @ PappuYadav

v.

Kalyan Chandra Sarkar [2005] SC.

 

Anticipatory Bail : S/438

 

Bail in                    granted in            Non-Bailable                      High Court/                        Court

anticipation        anticipation        offences                              Court of

of arrest               of arrest                                                               Session

 

Reject                   interim

Anticipatory       Anticipatory

Bail                         Bail

Application

 

 

Pahuja Law Academy

Pre Questions

  1. Which of the following classification of offences is not there in the first schedule of Code of Criminal Procedure, 1973?

(a) Bailable and Non-bailable offences

(b) Cognizable and Non-cognizable offences

(c) Compoundable and Non-compoundable offences

(d) None of the above

 

  1. Which of the following sections of the Code of Criminal Procedure, 1973 defines the term ‘bailable offence’?

(a) Section 2(a)

(b) Section 2(b)

(c) Section 2(c)

(d) Section 2(d)

 

  1. Regarding the offences under special enactments, if it is not specifically mentioned whether an offence is bailable or not, which of the following Schedules of CrPC is applicable?

(a) Schedule-1 (Part 1)

(b) Schedule-1 (Part 2)

(c) Schedule-2 (Part 1)

(d) Schedule-2 (Part 2)

 

  1. Where it is not specifically mentioned whether an offence under a special enactment is bailable or not, according to Schedule 1 of the Code of Criminal Procedure, 1973, such offence is bailable if it is punishable with an imprisonment for less than ……………. Years.

(a) Two

(b) Three

(c) Five

(d) Seven

 

  1. ‘All cognizable offences are non- bailable’. The statement is

(a) True

(b) False

(c) Partly Correct

(d) None of the above

PAHUJA LAW ACADEMY

CODE OF CRIMINAL PROCEDURE

Lecture – 8


Mains-Questions

 

  1. In what cases may a police officer arrest without a warrant?

 

  1. What are the guidelines laid down by the Supreme Court for the police while arresting person?

 

 

PAHUJA LAW ACADEMY

Arrest (S/41-60 A)

Arrest

 

Who has power the arrest
Constitutional Safeguards
Guidelines given in cases
Safeguards
Meaning of arrest (not defined in CRPC )
Can a person be arrested in a non cog offence? S/42

 

Mode of arrest s/46  r/w  s/49
 CRPC- S/ 50, 50A, 54, 55, 57, 303, 304, 41A, B, C, D

 

 

  • S/60 A

No arrest shall be made except in accordance with the provision of Cr.P.C. or any other law providing for arrest, as accused’ personal life and liberty is at stake, balancing of individual interest and societal interest is necessary (restricted interpretation of arrest as provided).

  • S/41

When PO may arrest w/o warrant-

Any PO may arrest

  • In his presence (b) not in the presence of

PO but PO receives

any person

reasonable           credible                   Suspicion

information          information

cognizable offence

 

Less than or equal to 7 years           or         more than 7 years or deaths

(i) PO has a reason to believe that

he has committed said offence.

(ii) PO is satisfied that arrest is

necessary.

 

  • To prevent further offence,
  • For proper investigation,
  • To prevent tampering of evidence,
  • To prevent him from making threat, inducement etc.
  • Unless arrested, his presence can’t be ensured.

In the above case police has to gives reasons in writing.

 

  • Proclaimed offender U/Cr.P.C. or by order of state Govt;
  • In whose possession stolen property is found or he is suspected of having committed an offence with respect to that property;
  • Who obstruct PO in execution of his duty or, who escape or attempts to escape from lawful custody;
  • Who is a deserter from armed forces; (The person who has absconded w/o permission)
  • A crime committed out of India and if committed in India it will be punishable and as per extradition laws he must be apprehended or detained in custody in India;
  • Who is a released convict and he commits a breach of condition U/356 (5);
  • A request whether written or oral by other PO to arrest a person and offence is such that requesting PO has a power to arrest such person w/o warrant.

 

  • S/48 (pursuit of offenders into other jurisdiction)

If PO wants to arrest any person accused of an offence then he may pursue and arrest him at any place in India.

 

  • S/60 (Power on escape, to pursue and re-take)
  • If person is escaped or rescued

 

then PO from whose custody he escaped or rescued

 

arrest such person from any place in India.

  • For the purpose of clause(1), he can make search etc as per S/47 and can arrest w/o warrant.

 

  • S/41 Clause (2)

If PO officer has received

 

 

Reasonable                     credible                        suspicion

information                 information

 

non cog. offence

PO can’t arrest w/o warrant

  • S/42 (Arrest on refusal to give name and residence)
  • When any person who in the presence of PO commits N/C offence

Or,

Who is accused of committing N/C offence

 

refuse on demand of such PO

 

to give his name and residence

or,

gives his name and residence – which PO believes to be false.

 

He may be arrested

(Purpose is to ascertain his name and residence. Arrest is not for committing crime but for not furnishing his information.) for not furnishing his information.)

  • Such person shall be released upon personal bond with or w/o sureties.

When true name and residence is ascertained.

Proviso : If accused not resident of India then bond must be with sureties who are resident of India.

  • If within 24 hrs accused fails to furnish bond or securities or PO fails to ascertain his name and address.

accused must be taken to nearest magistrate.

  • S/43 (Arrest by Pvt. Person and Procedure on such arrest)

                                                              may arrest

  • Any Pvt. Person

Cause to be arrested

any person (who in his presence)

cognizable

commits                                        non-bailable offence   or,

who is a proclaimed offender

Makeover such person to PO, if not available (PO) takes such person to nearest police station.

  • If matter falls U/41, the PO shall re-arrest such accused.
  • If matter falls U/42, PO may arrest him and if no offence is made out he shall be released.

 

  • S/44 (Arrest by magistrate)
  • Person – commits

executive M’  or,

                          In presence of

Judicial M’

 

Such M’ may arrest himself

or,

Order any person to arrest

  • M or, J.M

 

Local Jurisdiction

 

Offence committed earlier and M’ is empowered to issue arrest warrant against such person

 

The such magistrate can arrest himself

or,

order any person to arrest.

 

  • S/45 (Protection of members of the Armed forces)
  • No member of armed force’s – if discharging his official duties after containing consent of control Govt.  

 

Shall not be arrested by provisions U/41 to 44.

  • State Govt. U/S 54 (1) by notification shall apply to class or category of the member of the force.

 

Charged with the maintenance of public order

 

Whenever may service

 

apply as if for C/Govt. and S/Govt. substituted

 

 

PAHUJA LAW ACADEMY

CODE OF CRIMINAL PROCEDURE

Pre-Questions

  1. According to section 41A(1) of Cr. PC as inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) and amended in August 2010 the Police Officer shall issue a notice directing the alleged accused though he has committed a cognizable offence, to appear before him or at such other place as specified in notice in all the cases where the arrest of a person is not required under the

(a) provisions of sub-section (1)(a) of section 41

(b) provisions of sub-section (1)(b) of section 41

(c) provisions of sub-section (1)(c) of section 41

(d) provisions of sub-section (1) of section 41

 

  1. Within the meaning of provisions under section 41C(1) of the Criminal Procedure Code which was inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) every State Government shall establish a Police Control Room (PCR) in

(a) every district

(b) State level only

(c) both district and at State level

(d) State Secretariat only.

 

  1. Arrest means

(a) every compulsion or physical restraint

(b) total restraint and complete deprivation of liberty

(c) both (a) & (b)

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

 

  1. A person can be arrested without warrant

(a) for securing attendance of accused at trial

(b) as a preventive or precautionary measure

(c) for obtaining correct name & address

(d) all the above.

 

  1. Which of the following is correct

(a) Magistrate cannot arrest a person

(b) a private person cannot arrest a person

(c) a police officer can arrest a person

(d) both (a) & (b).

PAHUJA LAW ACADEMY

CODE OF CRIMINAL PROCEDURE

Lecture – 9

 

Mains-Questions

 

  1. What are the conditions when a Magistrate may take cognizance of any offence? State also the cases where no court shall take cognizance unless some conditions are fulfilled.

 

  1. Whether the Court of Sessions is competent to take cognizance of any offence directly against any person in the course of taking evidence who was previously not made accused? Explain with procedure?

 

 

PAHUJA LAW ACADEMY

CODE OF CRIMINAL PROCEDURE

Cognizance , Complaint

Cognizance

 

  • Cognizance means taking of judicial notice of the commission of the act by the magistrate , to see Whether further proceeding are required or not.

 

                                      Who can take cognizance S/190

 

Any Judicial Magistrate 1st Class

 

Judicial Magistrate   2nd class (only when empowered by the CJM)
Upon

Ø  Complaint

Ø  Police report

Ø  Information

 

 

  • Cognizance taken by the Magistrate not empowered

 

Incurable regularity S/461(K)
Curable Irregularity u/460 (e)
Police report
Information
Complaint

 

Cognizance

 

  • Section 191

 

  • When Magistrate takes cognizance upon information u/s 190 (1) (c) , then accused has the right to get his case transferred to some other Magistrate.

 

  • When the case is transferred to other Magistrate as may be specified by the CJM , it is known as “Making over “.
  • Transferring case to CJM- it is submission .
  • Transferring case to C.O.S. – it is committal

 

  • If the procedure given in s/191 is not followed

 

Incurable irregularity(s/461(k) )

Complaint to Magistrate (s/200-203)

 

Time of cognizance upon complaint
Evidentiary value
Irregularity

 

  • S/190 (1) (a) :- Magistrate may take cognizance of an offence upon complaint in both

 

 

 

Section 2(d) defines complaint as

 

 

Allegation                      Magistrate

orally or in writing     With a view of taking action           accused

commited an offence

known                unknown

 

Shall not be a police report

  • S/200

Provides for examination of witnesses . This examination done on oath . But the purpose of oath is not for granting any evidentiary value to it rather for providing credibility to the complaint proceeding .

 

Irregularity

Non Examination

 

Complainant                         Witness

 

Complaint dismiss

Issue of process     Complaint dismiss         Issue of process

incurable

Curable under s/465 crpc                         Incurable                      Curable

 

  • S/202

It applies only when there is a postponement of issue of process U/ s 204

 

After examination U/200

 

No substance                            Substance but some doubts

203

S/202

204

  • S/203 Dismissal of complaint

 

U/200 Examination

 

Insufficient grounds                                                     require inquiry or investigation u/202

Dismiss U/203         If fees not paid u/s 204(4)                After that no ground

 

Dismiss u/203

 

PAHUJA LAW ACADEMY

CODE OF CRIMINAL PROCEDURE

Pre-Questions

  1. Under the scheme of Cr PC the original jurisdiction to take cognizance of an offence is vested in

(a) the Court of Sessions

(b) the Court of Magistrate

(c) the High Court

(d) all the above.

 

  1. If the police does not take action on complaint in respect of cognizable offences, the complainant

(a) has right under section 190 of Cr PC to complaint before local Magistrate

(b) has no right under section 190 of Cr PC to complaint before local Magistrate

(c) has right under section 290 of the Cr PC to complaint before Magistrate

(d) has right under section 390 of the Cr PC to complaint before Magistrate.

 

  1. Under Section 190 of the Code of Criminal Procedure, 1973, cognizance of offence is taken by the:

(a) judicial Magistrate

(b) Session Judge

(c) High Court

(d) District Magistrate

 

  1. Which Court may take cognizance of offences under Section 190 of the Criminal Procedure Code

(a) Any Court

(b) Any Magistrate of the first class

(c) Any Magistrate of the second class specially empowered in this behalf

(d) Both (b) or (c)

 

  1. Section 190 of the Code of Criminal Procedure provides for taking of cognizance by the Magistrate

(a) upon receiving a complaint of facts which constitutes such offence

(b)upon a police report under Section 173of the Cr PC

(c )suo motu

(d)All of the above

PAHUJA LAW ACADEMY

Chapter – 21A

Lecture – 10

 

Plea Bargaining

(S/265 A-L)

Added by 2006 amendment w.e.f., 5 July, 2006

[Plea – Bargaining means a bargain between accused the victim with respect to the sentence and it depends upon the accused pleading guilty to the victim and offering him compensation, for the hiring done to him.]

  • In India and England there is concept of sentence Bargaining.
  • In US, there is a concept of charge bar.
  • In S/B the punishment is reduced as per the compromise and in accordance with the law.
  • The effect of such reduction is not acquittal as in the case of compounding under section 320 rather the accused still be convicted but Res punishment shall be reduced.
  • Reduce the Burden of the court
  • It saves time
  • It is cost effective
  • It is compensatory or restorative justice i.e., restoring the victim back to his original position by giving compensation to him by the accused.

Section 265-A: Application of this chapter

Clouse (i) This chapter shall apply-

  • Cases upon P.R.- where such offence is not punishable with

 

Death               L.I              more than 7 years

 

  • Cases upon complaint and M has taken cog, but such offence is not punishable with-

 

Death                L.I          more than 7 years

 

In clause (a) it is not provided that whether M’ has taken cog, or not but practically. Plea bargaining is possible only when such M’ has taken cog, upon such P.R.

In clause (b) an application for plea bargaining can be made when after the complaint proceedings the M’ issues process against the accused.

 

This chapter- doesn’t apply-

  • Where such offence affects the socio-eco conditions of the country.
  • Where such an offence committed against women.
  • Where such an offence committed against child below 14 years of age.
  • Offence punishable with death, L-I, or emp. More than 7 years.

Clause (2) The central Govt. shall notify what are socio-economic offences.

Section 265-B:   Application for Plea – Bargaining

Clause (1) Such application can be made in a court in which such offence is pending for trial.

Clause (2) Application shall contain brief description of the case which includes-

  • Offence to which the case relates
  • Affidavit of accused stating that

 

He has voluntarily                            he has not previously convicted by a court

Preferred such                                  in a case in which he has been charged with same

Application.                                        offence.

P.P.  or

Clause (3) court issue notices to the                         complaint &                        to appear on a fixed date.

accused

 

Clause (4) On the date to fixed

Court examine           accused in camera

As to check voluntariness.

AND

Where    (a) court —–    (b) not voluntary  => court shall proceed according to Cr. P.C.

Satisfy- application is voluntary.

The court shall provide time to the P.P./ complainant and

accused to work out a mutually satisfactory disposition of

the case which includes compensation of the case which

includes compensation to the victim and other expenses

and then fix a further date.

 

Section 265-C: Guidlines for mutually satisfactory disposition

 

Under the broad supervision of the court and it can also appoint an officer. The court shall follow, the following procedure-

  • In P.R. cases- Notice to PP, investigating officer, accused and victim to participate in the meeting.

Proviso: Duty of the court to ensure that entire process is completed voluntary.

Proviso: Accused can appear with his lawyer.

 

  • In complaint case- notice to victim and accused to participate in meeting.

Proviso: duty of court to ensure that the process is completed voluntary.

Proviso: both accused and victim may participate with their lawyer.

 

Section 265-D:

Report of the mutually satisfactory disposition to be submitted before the court.

  • Where satisfactory disposition is assured at

 

Court shall prepare a report

 

Signed by the presiding officer of the court-

Also by all persons who participated in the meeting

 

  • If no such disposition is arrived at court shall record such observation

 

 

Proceeding accordance with Cr. P.C.

 

Section 265-E:  Disposal of the case

Where such disposition is arrived at U/ 265-D

  • The court shall convict the accused upon the charge and shall require him to pay the agreed compensation to the victim and thereupon it will conduct the proceeding of sentence U/360, Cr. P.C.
  • If accused falls U/ 360, it will release the accused on probation etc. OR
  • If court finds that minimum punishment has provided U/ law for that offence, it may sentence the accused to half of such minimum punishment. OR
  • If the court finds that the offence is not covered U/(b) or (c), it may sentence the accused to 1/4th of the make sentence …. for that offence.

Section 265-FJudgment of the court.

Pronounced in an open court 8 it should be signed by the presiding officer.

Section 265-G: finality of the judgment

Such judgment is final and no appeal except SLPU/ Article 136, writ U/226 and 227 of the constitution.

Section 265-H: Power of the court in plea Bargaining

All powers which are provided in Cr. P.C. for conducting a trial, process issue, bail, etc.

Section 265-I: if the accused already under gone the custody then such period shall be taken into account while sentencing such imprisonment.

Section 265-J : Sowing d. the proceeding of Chapter-21A has been given notwithstanding position upon the rest of Cr. P.C.

Section 265-K: Statement of accused not to be used – Statement made by the accused in the application shouldn’t be used against the accused in any proceeding. It is implicit that any other statement made by the accused in the course of reaching satisfactory disposition also shalln’t be used against them.

Section 265-L : None-application of chapter – not apply to juvenile or child.

The provision adopted in India are suffering with ambiguity and not clear as to what stage plea bargaining can be applied. Reading on the provision conjunctionally it reveals that proper stage for the application of plea- banging shall be after the change us frame.

PAHUJA LAW ACADEMY

Lecture – 11


Charge

Mains Questions

 

  1. Define ‘Charge ’ and enumerate the contents of charge? Is a defective ‘charge’ necessarily fatal to conviction?

 

  1. Can a Court alter the ‘charge’? If so how and upto what stage?

 

 

Charge

 

Purpose and                                               Defect in                                              Joinder of                                              Stay of

Importance of                                            charge S/215                                      charge and                                            charge

Change                 Principles of               r/w   S/464          attraction               accused

change framing                                 of charge S/216        [218-223]

[S/211-214]                                                         +                                                  Additional

recalling of                                        Prosecution

Charge S/217                                        [S/319]

 

 

  • Charge is the beginning of tribal stage
  • It is the precise formulation of accusation against accused.
  •                  S/211 [Content of charge]

 

 

Offence               if law specify       Definition of      Law and                                        written in

any particular        offence             section                                         language of

name                                                                             Details of                court

prima facie                               provisions

evidence                                   conviction

 

S/212 – Charge should contain time and place of offence and also person and thing against whom offence is committed.

 

S/213 – Manner of committing offence must be stated manner is to be stated when S/211 and 212 are not sufficient.

 

Defect in framing charge [S/215 r/w  S/464]

S/215   Effect of errors

 

               Not material unless accused was mislead

 

S/464(1)     irregularities in charge

 

Error in               omission in                                             errors or

charge                 charge                 No charge             irregularities

framed              eg – mis-joinder of charge

– not read over

S/215                                                                         – no plea of guilt

Charge is framed                                                                – not signed by signed by the accused

But not in accordance                                                      – no heading on framing of charge

With S/211-213

 

 

S/ 464

 

S/216   ,                                 S/217  ,                       S/319

attraction                              recalling of                additional

+                                                witnesses                            prosecution

addition of

charge

 

S/216

 

 

                                                  Read over and                                                                                               if such altered

Addition or                   explained to the      If alteration or                                                        or added charge

alteration                         accused                        addition

of charge                                                                                                                                                  need sanction

caused no prejudice

court stay until

sanction is

obtained.

 

court proceeds                  if caused prejudice

 

new trial                              adjourn

 

S/217     Recalling or Re summoning of witness

 

The section is consequential upon S/216

 

 

Court order                                                                                                                                         fresh witnesses                                                                                                                                                                                 can also be                                                                                                                                                                                          called

Recalling or Re summoning

 

Unless

 

Vexation         delay           defeating the ends

of Justice

 

S/319    Power to proceed against other person appearing to be guilty (additional prosecution)

  • It is a case wherein a new accused is being added together with the existing accused in the some trial
  • Applies only where Inquiry or Trial have been commenced
  • The court is free to take independent proceedings also against the additional accused.
  • For the application of this section, it shall be proved that the present accused and the additional accused may be tried together in the same trial U/223 Cr.P.C.

 

 

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)

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. Joint trial of several persons is permissible
  • under section 219 of Cr PC
  • under section 223 of Cr PC
  • under section 221 of Cr PC
  • under section 222 of Cr PC

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. 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

Charge [Part 2]    

Lecture – 12

 

Joinder of charges                   –                     [218-222] r/w 71, IPC, 31 & 300 Cr.P.C

and Joinder of Persons                  –                     [S/223] 

 

  • S/218 (1) [separate charges for district offence]

 

Meaning of distinct offence

 

Different ingredient              fall U/same section                  offence of same kind

and punishable                       but committed on                     but committed against

U/different sections             different occasion                     different persons

But the above General rule has following exceptions i.e. S/219, 220, 221 and 223

 

  • S/219 Three offences of same kind within an year may be charged together.

 

Same kind when punishable with same punishable under same section of IPC or any other special law.

Proviso Aggravated forms of offences, also attempt of offences.

 

shall be deemed to be of same kind.

 

  • S/220 [Trial for more than one offence.]

 

Criminal breach

Different  offence          of trust                                                                                             several acts of

+                     Mis-appropriation                                     which one or more

in same transaction      falsification        of property               offence falling

of accounts                      +                      U/2 or more             itself makes an

charged and tried                                          falsification                   separate                offence and when

together                                                           of accounts                  definition               combined

Nothing in this

charge and              different                                  section shall

charged and tried together               tried together            offence                 affect S/71, IPC

 

charge and tried

together

 

  • S/221 when it is doubtful as to what offence has been committed.

 

He may be charged with

 

All               or          any of them

 

and may be tried at

 

once                             alternative

Clause (2)  In case of alternative charges

 

If one is proved

 

Other charges – [automatic abandonment for charge]

  • S/222    When offence proved is included in the offence charged

 

charged frame               accused charged with                accused charged with              if extra ingredient

Bigger offence                   an offence                                    an offence

required for minor

but on same                    facts proved                                  facts proved                                 offence

essentials

reduce minor                                   attempt                                    no conviction

smaller offence               offence                                                                                               framing fresh charge

proved                                                                                    convicted for such

an attempt

convicted of

minor offence

 

 

Joinder of Persons

  • S/223        The following person may be charge and tried together

 

persons             who has                                                                accused of

accused           committee          accused of                                theft, extortion

of same           main offence      more than                                 cheating or           accused of

offence                      +                 one offence                                criminal                S/411 and

committed      who abetted      of same kind    accused of      appropriation          S/414

in same                      +                                            different                  +                                                   accused of

transaction          who                  committed      offence in       persons- receiving                         chapter 12 IPC

attempted           jointly with        same              retaining, assisting,                                 +

1 year              transaction       concealment                                 who abets and

+                                                      attempt

who abetted &

Attempted above

offences

 

  • 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


[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 shoes 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.

  • Þ 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.

  • Þ 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 1st 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

 

1st 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 1st 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)]

 

SECTION- 181

 

Place of trial in cases of certain offences

 

  • Any offence being of thug, murder committed by thug, dacoity, dacoity with murder,

belonging to gang of dacoits or escaping from custody.

 

 

Inquired into or tried

 

Offence committed                                        Place where such accused found

 

  • Offence of kidnapping or abduction

 

 

Inquired or tried

 

Place from where that person                                    Was conveyed or concealed

was kidnapped or abducted                                        or detained

 

  • Offence of theft, Extortion or Robbery

 

 

Inquired or tried

 

Where offence committed                                          Where stolen property possessed,

Or

Where it was received or retained

  • Offence of misappropriation or criminal breach of trust

 

Inquired or tried

 

Offence committed                                                        Property received or retained

or required to be returned or

accounted for

 

  • Any offence which includes the possession of stolen property

 

Inquired or tried

 

Offence committed                                                        Where it was possessed by any

Person who received or related

 

 

SECTION- 182

 

  • Cheating by means of letter

 

Letter sent                                          Letter received

 

Cheating and dishonestly inducing delivery of property

 

Where property was delivered                                   received by accused person.

 

  • Offence of Bigamy [Under Section 494 or 495 of IPC]

 

 

Inquired or tried

 

Offence committed                        Offender last resided                     Wife of 1st marriage has

Taken up permanent

Residence after offence

[Facilitate the 1st wife.

Held in A. Subhash Babu vs.

                                                                                                                                                State of A.P. (2011) SC]

 

 

SECTION- 183

 

Offences committed on journey or voyage

 

If an offence is committed by accused against any

 

Person                                  Property

 

In the course of journey or voyage

 

 

Offence can be tried or inquired into by any court through or into

whose local jurisdiction.

Such person or passes

Also

The place from where that journey starts or end

Provided, the accused or victim or thing is in journey

  • Þ 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 – 14


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.

  • Section 376 :- No appeal in petty cases.

 

 

In summary trial

H.C sentence not                   C.O.S. or M.M

exceeding 6 months              sentence not                      M’ 1st class              Magistrate

or                                        exceeding                           only fine                   passes only

fine not exceeding                 3 months or,                      not exceeding        fine not exceeding

1000Rs. or both                     fine not exceeding           100 Rs.                       200 Rs.

200 Rs. or both

 

Proviso – Appeal may be made in above case where other punishment it combined with it.

But no appeal under the proviso merely on the ground

 

 

Person convicted                              direction for imprisonment                          more than one sentence

In default of payment                                  of fine is passed and

Ordered to jurnish                              of fine is included                                         the amount of both does

Security for keeping                           in the sentence                                             not exceed the above

peace                                                                                                                                    stated amounts [clause(1)]

 

Section 375         No appeal where accused is convicted on his plea of guilt

 

 

If the conviction is by H.C.                            or                            if by C.O.S, MM, JM 1st class or 2nd class

 

Except upon the legality of sentence

 

 

Section 374   Appeals from conviction

 

  • Appeal to S.C Clause (1) r/w Section/379 subject to restriction mentioned in the chapter (e.g., 376, 372 etc) ,

 

Any person convicted by H.C in its original criminal Jurisdiction

 

Appeal to S.C

 

  • Section/379 where H.C on appeal,

 

Reverse the order of acquittal and convict the accused and sentence

 

 

 

Death                                                  L.I.                                                 10 years or more

 

 

Appeal to S.C.

  • 132 Appeal to S.C.

 

from any judgment, decree or final order of H.C.

 

if the H.C. certifies that if involves substantial question of law.

  • 134(1) Appeal to S.C.

 

if the H.C has withdrawn for trial any case from any subordinate court

 

and in such trial convicted the accused and sentence him to death.

  • 136 Special leave to appeal to S.C

 

from any order, judgment, decree, sentence, determination

 

made by any court or tribunal

 

 

Appeals to H.C (Clause 2) subject to restrictions

Any person convicted by

 

Session judge                                  Add. Session Judge                               any other court

In which sentence passed

is more than 7 years

Appeals to C.O.S clause (3)

Any person convicted

 

by M.M or Ass. Session                                       Sentenced                                 sentenced under/section

Judge or M 1st class or                                         under/325                                 360 by any magistrate

M 2nd class

 

Appeal to C.O.S

Section/380  Special Right to appeal :-

Notwithstanding anything contained in this chapter

Where more than one are convicted

and

an appealable judgment, passed against any such person

 

all or any of them

right to appeal

Section/377 Appeal by government against inadequacy of sentence

Clause (1) State Government direct public prosecutor to present appeal to

 

 

C.O.S                                                                                                    H.C

If sentenced passed by                                                                  if sentence passed by

magistrate                                                                                           any other court

 

 

Clause (2) If conviction is related to an offence, investigated by the Delhi special police establishment

 

Then central Government direct pub. Prosecution to file appeal

 

C.O.S                                                                                                                   H. C.

 

If sentence passed                                                                                           if sentence passed

by magistrate                                                                                                     by any other court

 

Clause (3) No enhancement by C.O.S or H.C

 

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.

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