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    CRPC Synopsis

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    Nisheeth Agrawal
    The Code of Criminal Procedure (CrPC ) is the main legislation on the procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, the collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offenses and maintenance of wife, child, and parents. At present, the Act contains 484 Sections, 2 Schedules, and 56 Forms. The Sections are divided into 37 Chapters

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    CRPC Synopsis

    Uploaded by

    Nisheeth Agrawal
    240 views4 pages
    The Code of Criminal Procedure (CrPC ) is the main legislation on the procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, the collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offenses and maintenance of wife, child, and parents. At present, the Act contains 484 Sections, 2 Schedules, and 56 Forms. The Sections are divided into 37 Chapters

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    The Code of Criminal Procedure (CrPC ) is the main legislation on the procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, the collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offenses and maintenance of wife, child, and parents. At present, the Act contains 484 Sections, 2 Schedules, and 56 Forms. The Sections are divided into 37 Chapters

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    240 views4 pages

    CRPC Synopsis

    Uploaded by

    Nisheeth Agrawal
    The Code of Criminal Procedure (CrPC ) is the main legislation on the procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, the collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offenses and maintenance of wife, child, and parents. At present, the Act contains 484 Sections, 2 Schedules, and 56 Forms. The Sections are divided into 37 Chapters

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    LEGAL ANALYSIS OF THE PROVISION OF

    ANTICIPATORY BAIL UNDER SECTION 438 OF


    CrPC

    A CRIMINAL PROCEDURE CODE- I PROJECT

    SYNOPSIS SUBMISSION

    SUBMITTED BY:
    NISHEETH AGRAWAL
    ROLL NO.: A005
    SY BBA LLB (HONS)
    BATCH: 2015-2020
    TRIMESTER VI
    SUBMITTED TO:
    PROF. SHRIKANT AITHAL
    DATE: 10/04/2017
    INTRODUCTION

    The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for
    administration of substantive criminal law in India. It was enacted in 1973 and came into
    force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension
    of suspected criminals, collection of evidence, determination of guilt or innocence of the
    accused person and the determination of punishment of the guilty. Additionally, it also deals
    with public nuisance, prevention of offences and maintenance of wife, child and parents.

    At present, the Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are
    divided into 37 Chapters.

    Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the
    Criminal Procedure Code. Law Commission of India in its 41st report recommended to
    incorporate this provision in procedure code. This provision allows a person to seek bail in
    anticipation of an arrest on accusation of having committed a non-bailable offence. On filing
    anticipatory bail, the opposing party is notified about the bail application and the opposition
    can then contest the bail application in court (public prosecutor can also be used to do this).

    LIST OF CASES

    (1) Gurbaksh Singh Sibbia v. State of Punjab (1980 AIR 1632)

    (2) Sunil Fulchand v. Union of India (1989 AIR 1529)

    (3) Balchand Jain Vs. State of M.P (1977 AIR 366)

    (4) Siddharam Satlingappa Mhetre V. State of Maharashtra {(2011) 1 SCC 694}

    (5) Savitri Agarwal Vs. State of Maharashtra ((2009) 8 SCC 325)


    OBJECTIVE

    The objective of this research project is to know-

    1. The necessity for granting anticipatory bail;


    2. Discretionary powers and competency of courts and to grant anticipatory bail;
    3. And analyse other provisions of the same section.

    REVIEW OF LITERATURE

    The researcher while in the making of this project will go through various books, various
    articles and journals, various e-resources to acquire the required information for the
    successful completion of this research project. Some of them are listed below:-

    R.V KELKAR, LECTURES ON CRIMINAL PROCEDURE INCLUDING


    PROBATION AND JUVENILE JUSTICE (Eastern Book Company 2015)
    BARE ACT: CODE OF CRIMINAL PROCEDURE, 1973

    METHODOLOGY

    There are two kinds of data- primary and secondary data. Data which is collected for the first
    time by an investigator to suit the purpose of his research is called primary data and the data
    collected by somebody else to suit some other purpose which may be used by the researcher
    is called secondary data.

    This is pure research essentially for academic purposes. A larger part of the paper is
    secondary research based. As the Judiciary has been active in interpreting the same in case to
    case basis, a major source of data is the Judgements. Besides these, papers by people whove
    similar research have been referred to. Comments on the judicial decisions have been cited
    from published books.

    RESEARCH QUESTIONS

    1. What principles are to be followed by Courts while granting/ rejecting Anticipatory


    Bails?

    RESEARCH HYPOTHESIS

    The section 438 of CrPC is a misnomer or in other words the term used anticipatory bail is
    inaccurate and wrong.

    TENTATIVE CHAPTERIZATION
    Introduction
    Research Methodology
    Legal Analysis Study of Relevant Legal Framework
    Role Of the Judiciary Judicial Activism and framing important declarations.
    Conclusion and Suggestions

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