Lectures of CR.PC

Lectures of CR.PC

PAHUJA LAW ACADEMY

Code of Criminal Procedure


MAINS QUESTIONS
 

 

  1. Distinguish between

(i) Cognizable and Non-Cognizable Offences

(ii) Bailable and Non-Bailable Offences

(iii) Summons Cases and Warrant Cases

 

              
  1. The code of criminal procedure came into force on 1st April, 1974.
  2. The subject of criminal procedure lies in the concurrent list.
  3. The criminal law, in its wide sense, consist of both the substantive and procedural criminal law.
  4. Applicability of CrP.c discussed.
  5. What are the inherent powers of court.
  6. Explain the policy and object of Cr.Pc.
  7. Clearly explain the difference between Investigation, Inquiry and Trial.
  8.  


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

      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;

    • (A) State of Nagaland
    • (B) 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 ;
    • diagram1

    PAHUJA LAW ACADEMY

    Code of Criminal Procedure

    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

     

    1. Judicial proceeding includes any proceedings in the course of which evidence is or may be legally taken.

    (a) In camera

    (b) On oath

    (c) Upon affidavit

    (d) Before a Police officer authorized by Magistrate

     

    1. “No court shall take cognizance of an offence, after the expiry of the period of limitation which shall be three years, if the offence is punishable with imprisonment for a term exceeding_____ year but not exceeding year”

    (a) Two, three

    (b) One, three

    (c) Two, one

    (d) Three, four

     

    1. What is the condition prerequisite for Section 311A Indian Evidence Act, 1872?

    (a)No order shall be made unless the person has at some time been arrested

    (b)No order shall be made unless charges are farmed

    (c)No order shall be made unless evidence are taken

    (d)None of the above

     

     

    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?

     

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

     

     

     PAHUJA LAW ACADEMY

     

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    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

     

    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).

     

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

    (a) Enquiry

    (b) Inquiry

    (c) Investigation

    (d) None of the above

     

    1. In a summons case, the trial begins when the
    2.  

    (a) Accused appears

    (b) Charge is framed

    (c)Witnesses are examined

    (d)None of the above

     

    1. 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

     

    1. 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

    1. 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

    1. 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

    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?

     

    1. What do you understand by cross FIR?

     

    1. 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
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  • 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

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    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.

     

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    Section 161 Examination of witness by the police

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    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

     

    1. 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

     

    1. 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

     

    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

    (a) Legal

    (b) Illegal

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

    (d) 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,

    (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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

    4

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    • 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.

     

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

     

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

     

    1. 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.

     

    1. 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.

     

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

     

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

     

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

     

    1. 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

     

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

     

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

     

    1. 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)

     

    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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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]

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

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

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

    1. 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

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    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.
  •  

     

    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).

     

    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.

     

    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. 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

     

    1. 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

     

    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. 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.

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

    1. Right a short note on closer report .

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

    1. What do you understand by Inquest report?

     

     

    PICTURE10

     

    PICTURE10
    • 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

     

    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

     

    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 sub-sections to section 172 of the Code of Criminal Procedure, 1973 was/were inserted by the (Amendment) Act, 2008?
    2. (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

    Code of Criminal Procedure

    PAHUJA LAW ACADEMY

    MAINS QUESTIONS

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

     

    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.

     

    1. Discuss the guiding principles for the grant of bail in bail in bailable and non-bailable cases.

     

    1. What is the difference between ordinary bail/ and anticipatory bail?

     

    1. Whether bail can be refused in bailable cases. If yes, then under what circumstances?

     

    PICTURE12
    • 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.

     

    PICTURE13

     

    • 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.

    PICTURE01

     

    PICTURE01

     

    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

     

    1. Which of the following sections of the Code of Criminal Procedure deals with anticipatory bail?

    (a) Section 437

    (b) Section 488

    (c) Section 439

    (d) Section 436

     

    1. Exercise of power to gang bail to prisoners by the High Court judges while inspection of jails was disapproved by the Supreme Court in disapproved by the Supreme Court in

    (a) Joginder Kumar v. State

    (b) D K Basu v. State

    (c) Jasbir Singh v. State of Punjab

    (d) None of the above

     

    1. Can the High Court cancel the bail ‘suo motu’?

    (a) Yes

    (b) No

    (c) Depands

    (d) None of the above

     

    1. Filing of FIR is a condition precedent to the exercise of power under Section 438 of the Code of Criminal procedure. The statement is

    (a) True

    (b) False

    (c) Partly Correct

    (d)None of the above

     

    1. The provision for granting anticipatory bail is not applicable to the offences under

    (a) The Domestic Violence Act

    (b) The Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act

    (c) The Prevention of food Adulteration Act

    (d) None of the above

     


    PAHUJA LAW ACADEMY

    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?

     

    1. Can a private person arrest any other person and what will be the procedure of such arrest .

     

    1. Can a police officer during investigation seize any property without the permission of court? Describe described what procedure is required to followed before such seizure.

     

    1. Explain the procedure of arrest by magistrate.

     

    PICTURE01

    Arrest (S/41-60 A)

    ARREST 

     

     

    • Section/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).

      PICTURE01

    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.

     

    Section-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.

     

    PICTURE01

    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.

      PICTURE01

    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.

     

    PICTURE01

     

    PAHUJA LAW ACADEMY

    ARREST

    (EXTRA CLASS NOTES)

     

     

    Meaning of the term arrest.

    Word “Arrest” as such has not been defined in the CrPC. In general sense it means apprehension of person by legal authority, So as the cause deprivation of his liberty. It is an important tool for bringing an accused before the court as well as to prevent a crime or prevent a person suspected of doing crime from running away from the law. Cr. PC deals with 2 types of arrest:

    1. Arrest made in execution of warrant issued by the Magistrate
    1. Arrest w/o warrant in accordance with law.

    Section 46 provides the mode of arrest clause (1) unless the person being arrested consents to the submission to custody by words or actions, the arrest shall actually touch or confine the body of the person to be arrested. The submission to custody may be by express words or action. Eg. If the accused proceeds towards the P.S as directed by the P.O, he has submitted to the custody.

    Clause (2): if such person forcibly resist the endeavor to arrest him, or attempts to evade the arrest, such P.O or other person may use all means necessary to effect the arrest.

    Further Section 49 Provides that an arrested person must not be subjected to more restraint than is necessary to prevent escape.

    Clause (3): There is no right to cause the death of the person who is not accused of an offence punishable with death or life imprisonment, while arresting that person.

    Clause (4): Forbids the arrest of woman after sunset before sunrise except in exceptional circumstances, in which case the arrest can be done by a woman P.O after making a written report and obtaining a prior permission from the concerned JM 1st class.

    Cr. PC gives wide power to the P.O for arresting a person. Such powers w/o appropriate safeguarded for the arrested person will be harmful. To ensure that this power is not used arbitrarily, several restraints have been put on it, which can be seen as recognition of the rights of a person arrested. There rights meets the needs of “fair trial” of an arrested person following are there one following rights which meets the need of partial as

    1. Right to know the grounds of arrest [Section 50(1)]

    Every P.O and other person arresting any person shall forthwith communicate to him

    full particulars for which he is arrested or other grounds.

    If any subordinate

    P.O is deputed by senior P.O then as per section 55, such subordinate P.O must notify the person arrested of the substance of the written order given by the

    senior P.O, which specify the offence for which he is being arrested

    Similar provision exist, in case of arrest made under a warrant under section 75.

  • Harikishan vs. Sate of Maharashtra, 1962, S.C.
  • held that which grounds of arrest must be communicated to the persons in the
    language he understands, other wise it would not amount to sufficient

    compliance with the provision of constitution and CrPC.

    1. Right to be informed of the provision for bail [section 50(2)]

      It provides that where a P.O arrest any person other than a person accused of a non

      bailable offence without warrant, he shall inform the person arrested that he entitled to

      be released on bail and that he may arrange sureties on his behalf.

    1. Right to be taken to Magistrate without delay (bare act language of 5.57) Section 57 provides, when a person is arrested without warrant, he shall not be

      detained in custody for a longer period than under all the circumstances of the case is

      reasonable and such period shall in the absence of an order under section 167, exceeds

      24 hr. excluding the time of journey.

      Similar provision exist under section 76, in case of arrest with warrant.

  • Khatri vs. State of Bihar [1981] SC
  • This provision allows the magistrate to keep check on police.

    1. Rt. to consult legal practitioner: [section 303]
    1. Rt. to free legal aid [304]
    1. Rt. to be informed about his arrest to his relatives or friends. [section 50 A]
    2. Clause (1): Information of arrest to any friend, relative or such other person as nominated by the person arrested.

      Clause (2): P.O shall inform arrested person of his right under clause (1).

      Clause (3): he must note down the names and addresses of the person who were informed about the arrest.

      To make sure that there is no violation of the this right, clause (4) makes it a duty of magistrate to verify that the provisions of this verify that the provision of the sections were complied with.

      1. Rt. to be examined by a medical practitioner: [section 54] Clause (1) gives the accused a right to get himself examined by a registered medical practitioner.

      1. In Non Cog. cases, arrest are made with warrant therefore, of arrest should fulfill certain right such as a should be in writing, signed and should have seal of court.
      1. Under Section 41: P.O have a power to arrest a person without warrant as prompt and
        immediate action is necessary. Because of misuse of power conferred by this section
      2. some and were made and certain proviso were added like [41 A-D] by 209 amendment Act

        Section 41 A: Notice of appearance before P.O can be made if reasonable complaint has been made, credible Information has been received and suspicion exist of cog. Officer and if concern person continues to comply with such notice and appears, then arrest is not necessary.

        Section 41 B: Every P.O. while making an arrest must be bean clear and visible identification of his name. A memo of arrest should be made at the time of arrest, attested by one witness family member/members of locality) and counter signed by arrested person.

        Section 41 C: Name of person arrested should be displayed at the control rooms.

        Section 41 D: Right of arrested person to meet an advocate of his choice during interrogation.

        1. Section 55 A: Duty of a person having custody of an accused to take reasonable care of the health and safety of the accused.

          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).

           

          1. The categories of persons who can be arrested without a warrant is described in section…..of the Code of Criminal Procedure, 1973.

          (a) Section 41

          (b) Section 42

          (c) Section 40

          (d) Section 50

           

          1. An accused arrested can be kept in custody without Producing him before the magistrate, after his arrest for a Period of……..

          (a) 12 hours

          (b) 24 hours

          (c) 48 hours

          (d) 90 hours

           

          1. The members of Armed Forces cannot be arrested except after obtaining the consent of the

          (a) Directors General of police

          (b) Central Government

          (c) Chief of the concerned Armed Force

          (d) Magistrate

           

          1. Every police officer while making an arrest shall

          (a) Bear an accurate, visible and clear identification of his name which will facilitate easy identification

          (b) Prepare a memorandum of arrest

          (c) Inform the person arrested unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest

          (d) All the above

           

          1. Every police officer while making an arrest shall prepare a memorandum of arrest which shall be attested by at least……….

          (a) One witness

          (b) Two witnesses

          (c) Three witnesses

          (d) Four

           

          PAHUJA LAW ACADEMY

          CR.PC (EXTRA CLASS NOTES)

           

          Meaning

          Cognizance of an offence means taking judicial notice of the commission of the act by Magistrate. The notice is taken for the purpose of further proceedings. At the stage of cognizance, the magistrate applies his judicial mind-to see whether any further proceedings are required in the case or not. Cognizance is the stage of inception of the inquiry proceedings. At the time of taking cognizance the court is not required to closely scrutnise the evidence but it has only to satisfy itself that a prima facie case is made out against accused.

          However, mere perusal of the case by the Magistrate in itself is not sufficient to prof. cognizance rather the cognizance has to be evidenced by some further proceedings by the Magistrate, which can be in the nature of some further orders in the direction of inquiry. For instance in a PR case, the concern is whether the evidence available an sufficient to justify the next proceedings of I.O.P., or in the complaint case – whether the Magistrate has ordered the complaint proceedings, also in the case of information whether he has ordered Issue of Process or not.

           

          PICTURE01

          JM 1st class can take cognizance whether he is competent to try or not, unless specifically prohibited like-

          JM 2nd class – doesn’t have per se power to take cognizance unless conferred by CJM. The CJM may conferred the competency only with respect to those offences which the JM 2nd class is competent to inquire into or try, Whereas,

          For JM Ist Class, there is no such limitation i.e., he can take cognizance even those offence for which he may not be competent or try inquire into.

          U/S (190) – the word ‘any offence’ suggest that the Magistrate can take cognizance not only of the offence suggested in the complaint or PR, or on information, but even of those offences which he upon the application of his Judicial mind deems to have been committed by the accused.

          This section starts with the words ‘subject to the provision of this chapter’ means if certain section requires certain conditions to be fulfilled then cognizance will not be taken unless those conditions an fulfilled.

          PICTURE01

           

          U/S 460 (e), it is specified that if a Magistrate is not empowered to take cognizance u/190 (1) (a) or (b) take such cognizance in good faith the proceeding will not vitiate. On the other hand, u/s 461 (R), it is provided that if a Magistrate not competent to take cognizance u/190 (1) (c), the proceeding will vitiate even if cognizance was taken in good faith.

           Criminal Revision can be filed against an order of taking cognizance held in Himanshu Aadya vs. State of Madhya Pradesh [M.P.H.C] 2017


    PAHUJA LAW ACADEMY

    LECTURE -9

    COGNIZANCE, COMPLAINT

    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?

     

    1. What do you understand by taking cognizance of an offence?

     

    1. How can it be taken by magistrate? On what magistrate can take cognizance?

     

    1. Can an additional session judge take direct cognizance of offence, describe how and under which provisions?

     

    PICTURE23

    Cognizance , Complaint

     

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

     

    PICTURE23

    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)

     

    PICTURE23

     

     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 .

     

    PAHUJA LAW ACADEMY

    CODE OF CRIMINAL PROCEDURE

    Clause 2: No summons or warrants shall be issue against the accused unless the list of witnesses filed

    —Non filing of list of prosecution witness is curable irregularity and not a ground of dismissal.

    Clause 3: Every warrant or summon shall be accompanied by a copy of complaint (if complaint in writing) —This applies on complaint proceeding only.

    Clause 4: No issue of process until process fees is paid

    if not paid, within reasonable time

    dismiss of complaint

    Clause 5: Nothing in this sect, shall affect the provision of section 87

    PAHUJA LAW ACADEMY

    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

     

    1. Any magistrate of the first class, may take cognizance of any offence upon

    (a) Receiving a complaint of facts which constitute such offence

    (b) A police report of such

    (c) Information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed

    (d) All of the above

     

    1. Taking cognizance of an offence by a magistrate is

    (a) A judicial act

    (b) Not a judicial act

    (c) A quasi-judicial act

    (d) None of the above

     

    1. Cognizance is taken of the

    (a) Offence

    (b) Offender

    (c) Both (a) and (b)

    (d) None of the above

     

    1. Once the magistrate takes cognizance of the offence he can proceed under

    (a) Section 156(3) of CrPC

    (b) Section 202 of CrPC

    (c) Section 190 of CrPC

    (d) Any of the above

    1. Power under section 202 of the Code of Criminal Procedure are to be invoked

    (a) Before cognizance us taken on a complaint

    (b) Before issuance of process

    (c) After issuance of process

    (d) Any one of the above


    PAHUJA LAW ACADEMY

    LECTURE – 10

    MAINS-QUESTIONS

     

    1. What do you understand by “plea bargaining”? State the procedure for initiating the plea in court.

    1. State in what cases plea bargaining is not available?

    1. Whether all provisions of plea bargaining apply in respect of all types of offences and all types of victims?

    1. What should a magistrate do in a case in which “plea bargain” has been initiated,
    2. i. but no satisfactory disposition is made out

      ii. a satisfactory disposition is made out.

    1. Explain the procedure of plea bargain under chapter 21A.

    PAHUJA LAW ACADEMY

    Chapter – 21A

    LECTURE – 10

     

    PLEA BARGAINING

    (SECTION 265 A-L)

    A plea bargain is an agreement between the defense and the prosecutor in which a defence pleads guilty or no contest to criminal charges. In exchange, the prosecutor drops some charges, reduces a charge or recommends that the judge enter a specific sentence that is acceptable to the defence. As criminal courts become ever more crowded, prosecutors and judges feel increased pressure to move cases quickly through the system. Trails can take days weeks or sometimes months while quality pleas can often be arranged in minutes. Also, the outcome of any given trail is usually unpredictable but a plea bargain provides both prosecution and defense with some control over the result. Further, majority of the criminal cases ultimately and in acquittal. For these reasons and others, and despite its many critics, plea bargaining is being in many countries. Driven by these factors now there is an increasing demand to adopt this practice in Indian legal system as well.

    Plea bargaining is a radical concept where an accused can plead guilty and give compensation to the victim for a milder punishment.

    Then there are a host of countries, including India which allow plea bargaining only in certain cases, typically those involving lesser crimes.

    The Law Commission of India in its 142nd Report (1991), suggested to introduce “plea bargaining” as is in vogue in many states in the U.S. The Law Commission in its report on Concessional Treatment of Offenders who on their own initiative choose to plead guilty, without any bargaining, considered the question of introduction of the concept of concessional treatment for those who choose to plead guilty by way of plea bargaining.

    Further Justice Malimath Committee on Criminal Justice Reforms also welcomed the recommendation of Law Commission. It favored concessional treatment of offenders who, on their own volition, plead guilty and has suggested comprehensive changes to the 140-year-old Indian Penal Code (IPC). Based on the Law Commission Report and Malimath Committee Report, legislature introduced the Criminal Law (Amendment) Bill, 2003, under which a new chapter XXIA named as ‘Plea Bargaining’ (containing sections 265A to 265L) has been inserted in the Code of Criminal Procedure.

    Plea bargaining can be broadly classified into two types: A charge bargain where the accused is allowed to plead guilty to a lesser charge; and a sentence bargain where an accused can bargain for a lesser sentence (for the stated charge rather than a reduced charge). Both can be granted only with the trial judge’s approval.

    Implementation of plea bargaining is expected to benefit the huge number of under trails languishing in jails as well as cut down on the backlog of cases which has reached unmanageable proportions. Since pleas bargaining would not impact cases where the punishment exceeds seven years, serious offenders would be outside the purview of the system. Certain categories of crimes such as crime against women and children, and crimes such as crime against SCs and STs are also excluded.

    Justification for Plea Bargaining

    Delay in administering law is seen as a hindrance in crime prevention. The crime loses its gravity with the increase in the gap between the incidence of crime and the punishment of the offender. Plea bargaining has, thus, been introduced in the realm of the Indian criminal jurisprudence owing to the result of the prolonged trials and endless cases that pile up over the years.

    The justification for introducing plea bargaining given by the 12th Law Commission in its 142nd Report are:

    1. It is not just and fair that an accused who feels contrite and wants to make amends or an accused who is honest and candid enough to plea guilty in the hope that the community will enable him to pay the penalty for the crime with a degree of compassion and consideration should be treated on par with an accused who claims to be tried at considerable time-cost and money-cost to the community.<.LI>
    1. It is desirable to infuse life in the reformative provisions embodied in Sec. 360, Cr.P.C and in the Probation of Offenders Act which remains practically unutilized as of now.
    1. (3) It will help the accused who have to remain as under trial prisoners awaiting the trial for years to obtain speedy trial with attendant benefits such as –
    2. (a) End of uncertainty;

      (b) Saving in litigation cost;

      (c) Saving in anxiety cost;

      (d) Being able to know his fate and to start off fresh life without fear of having to undergo a possible prison sentence at a future date disrupting his life or career;

      (e) Saving avoidable visits the lawyer’s office and to court on every date or adjournment.

    1. (4) It will, without detriment to public interest, reduce the back-breaking burden of the court cases which have already assumed menacing proportions. Further, it will reduce congestion in jails.
    1. Under the present system, 75% to 90% of the criminal cases if not more, result in acquittals.

    Rejecting the argument that the scheme would not be successful in India due to illiteracy, which is comparatively much higher than in the US and thus people would not adequately understand the consequences of pleading guilty (and innocent people would yield and forego their right to trial), the Commission opined that the contention fails to distinguish between literacy and common sense. The proposed scheme accounts for this objection by providing for judicial officers to be plea judge who would explain to the accused persons the consequences of pleading guilty. Also, that the application was made by the accused of his own volition and not as a result of coercion or duress.

    Further, to the argument that the incidence of crime might increase due to criminals being let-off easily, the Commission regarded it as unfounded as the authority considering the acceptance or otherwise of the request for concessional treatment would weigh all pros and cons and look into the nature of the offence and exercise its discretion in granting or rejecting the request.

    Merits of Plea Bargaining :-

  • Relief to thousands of under trials

  • Lesser jail term (lighter sentence)
  • Getting out of jail
  • Speedy and less expensive justice
  • Having fever or less serious offences on one’s record
  • Having a less socially stigmatizing offence on one’s record
  • Avoiding publicity
  • Reduction of the burden on Indian judicial system Keeping others out of the case
  • Assured conviction
  • The outcome of any given trial is usually unpredictable but a plea bargain provides both prosecution and defence with some control over the result.
  • Victims would be assured of expeditious relief, plus compensation to victims.
  • The exchequer would gain.
  • It introduced into the corporate system, the negotiated settlement process is likely to substantially reduce the burden on the judiciary.
  • DeMerits of Plea Bargaining :-

  • A setback to deterrent effect of law.
  • An unconstitutional short-cut; it may amount to waiver of the right to fair trial by the accused (however, supporters say that accused are adults who should be given the option of foregoing the right in return for benefits and that it was not for the state to force the right upon the accused).
  • Arrangement can be misused by an accused to get reduced term in connivance with the prosecutor an investigating agency (Supporters, however, argue that prosecutors always have the option of refusing to enter the plea bargaining process for truly appalling crimes, ensuring that the trial goes all the way).
  • Victim can be bribed to agree to settle for a lesser charge (however, with pressure from victims’ rights groups in many places, victims are now allowed to have inputs in the plea bargaining process).
  • Plea bargaining may condone criminal activities on payment of a fine or compensation or both. This would encourage criminals, increase crimes and breed corruption.
  • Courts could turn into an auction house. So plea-bargaining should be done before an independent committee set up in all courts.
  • The burden of a ‘convict’ even for a petty offence. If one wishes to avail plea bargaining, one will have to plead guilty and get convicted.
  • There is a possibility of innocent defendants pleading guilty (on account lengthy pre-trial delays, guilty pleas may be entered upon the promise that the plea will be accepted swiftly, and the sentence will be for no more than the amount of time already served). It is hard to see how the prosecution can derive more than a pure statistical benefit from the conviction so obtained.
  • 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.
      1. Reduce the Burden of the court
      1. It saves time
      1. It is cost effective
      1. It is compensatory or restorative justice i.e., restoring the victim back to his original position by giving compensation to him by the accused.

    PIC10

    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-

     

    PIC11

      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-

        1. 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.

       

      1. 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?

     

    1. Write a shot note on joinder of charges.

     

    1. How charge is framed? When more one offences may be charged together and what persons may be charged jointly?

     

    1. Define “charge“ and enumerate the contents of charge.

    PICTURE01

    PICTURE01

     

    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.

     

    PICTURE01

    S/ 464

    charge-4

     

     

    S/216

     

    charge-5

     

    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.

    ” connect=”76″]

    PAHUJA LAW ACADEMY

    CHARGE [PART-2]

    part 1

     

     

    • 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.
    1. 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)

     

    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. 

    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

     

    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

    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:

    1. “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.

    1. 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?

    1. 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?

    1. 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 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)]

     

    PIC1 PIC1

     

    PIC1

     

    PIC1

    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

    1. 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)

    1. 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

    1. 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

    1. 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

    1. 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

    1. 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

    1. 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

    1. 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

    1. 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?

     

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

     

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

     

    1. Distinguish between reference and revision.

     

    1. 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.

      PIC1

       

      PIC2

       

      PIC3

       

      PIC4

       

      PIC5

       

      PIC6

      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

      1. 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

      1. 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

      1. 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)

      1. 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

      1. 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

      1. ‘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

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

      (a) Yes

      (b) No

      (c) Depends

      (d) None of the above

      1. 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

      1. 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.

     

    1. 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?

     

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

     

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

     

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

     

    PIC1 PIC2 PIC3 PIC4 PIC5 PIC6 PIC7

    The court may refuse to issue summons if:

    1. vexation
    1. delay
    1. 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)]

    PIC8 PIC9

     

    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

     

    >
    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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.

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

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

    1. 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.

    1. 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

    PIC

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

    PIC2

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

    1. Magistrate competent to try that offence
    1. Sufficient grounds
    1. He can be adequately punished by the Magistrate

     

  • If he can’t be adequately be punished — then submission to CJM under section 325
  • If all the above three conditions are fulfilled then charge — framing will be done and then plea of guilt will be taken.
  • PIC3
    1. fix date for prosecution evidence [section 242]
    1. Issue process
    2. a. witness b. documents

    1. Exam of witness or documents
    1. 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

    PIC4

    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.

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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

     

    1. 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.
    1. 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
    1. MM
    1. M 1st class, inquiring into or trying the offence at any stage of inquiry or trial
    1. 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.
    1. Offences punishable with imprisonment for seven years or more
    1. 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.

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