INDORE INSTIUTE OF LAW

(Affiliated to DAVV & BCI)

Session 2019-20
LL.B. (Hons) IIIrdSEM
Criminal Procedure Code

Crash Course
QUESTION-1:- Discuss the Rights of an arrested person?

ANSWER: - Cr P C gives powers to the police for arresting a person with such power
Cr P.C also provides rights to an arrested person. Rights of an arrested are as follows
–

1. Right to know the grounds of arrest – Section 50(1) – According to this

provision, every police officer or other person arresting any person without
warrant shall forthwith communicate to him full particulars of the offence
for which he is arrested or any other grounds for such arrest.
In case of Udaybhan Shuki vs State of UP 1999 CrLJ, All HC held that right
to be notified of grounds of arrest is a precious right of the arrested person.
This allows him to move the proper court for bail, make a writ petition for
habeas corpus, or make appropriate arrangements for his defence.

2. Right to be informed of the provision for bail –Section 50(2), provides that
where a police officer arrests any person other than a person accused of a non-
bailable offence without warrant, he shall inform the person arrested that he is
entitled to be released on bail and that he may arrange for sureties on his behalf.

3. Right to be taken to magistrate without delay – Section 57,of CrPC. It says that,
No police officer shall detain in custody a person arrested without warrant for a

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longer period than under all the circumstances of the case is reasonable, and such
period shall not, in the absence of a special order of a Magistrate under Section
167, exceed twenty four hours exclusive of the time necessary for the journey from
the place of arrest to the Magistrate’s court.

In case of, Khatri (II) vs State of Bihar 1981 SCC, SC has strongly urged upon the
State and its police to ensure that this constitutional and legal requirement of
bringing an arrested person before a judicial magistrate within 24 hours should be
met. This allows magistrates to keep a check on the police investigation. It is
essential that the magistrates should try to enforce this requirement and when
they find it disobeyed, they should come heavily upon the police.

Further, in case of, Sharif bai vs Abdul Razak, AIR 1961, SC held that if a police
officer fails to produce an arrested person before a magistrate within 24 hours, he
shall be held guilty of wrongful detention.

4. Right to consult Legal Practitioner – Under section 303 it is mentioned that any
person accused of offence before a Criminal Court or against whom proceedings
are instituted under this Code, may have right to be defended by a pleader of his
choice.

5. Right to free legal aid – Section 304 provides that where, in a trial before the
Court of Session, the accused is not represented by a pleader, and where appears
to the Court that the accused has not sufficient means to engage a pleader, the
Court shall assign a pleader for his defence at the expense of the State. In Suk Das
vs Union Territory of Arunachal Pradesh 1986, SCC, SC has held that non-
compliance of this requirement or failure to inform the accused of this right would
spoil the trial entailing setting aside of the conviction and sentence. The right of an
accused to consult his lawyer begins from the moment of his arrest. The
consultation with the lawyer may be within the presence of a police officer, but not
within the police officer’s hearing. SC also held that it is the duty on all courts and
magistrates to inform the indigent person about his right to get free legal aid.

6. Right to be informed about the right to inform of his arrest to his relative or
friend – Section 50 A (1) provides that once the arrested person is brought to the

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police station, the police officer must inform a relative or a friend, or any other
person of the arrested person’s choice, about his arrest. He must also tell the place
where the arrested person has been kept. Further, as per Section 50 A (3) he must
note down the name and address of the person who was informed about the arrest.
To make sure that there is no violation of this right, section 50 A (4) makes it a duty
of the magistrate to verify that the provisions of this section were complied with.
This allows the arrested person and his well wishers to take appropriate legal steps
to secure his release.

7. Right to be examined by a medical practitioner – While Section 53 allows a

police officer to get the accused examined by a registered medical practitioner,
Section 54(1) gives the accused a right to get himself examined by a registered
medical practitioner. According to Section 54 (1), when a person who is arrested,
whether on a charge or otherwise, alleges, at the time when he is produced before
a Magistrate or at any time during, the period of his detention in custody that the
examination of his body will afford evidence which will disprove the commission by
him of any offence or which Magistrate shall, if requested by the arrested person
so to do direct the examination of’ the body of such person by a registered medical
practitioner unless the Magistrate considers that the request is made for
thepurpose of vexation or delay or for defeating the ends of Justice.

In case of Sheela Barse vs State of Maharashtra 1983 SCC, SC held that the arrested
accused person must be informed by the magistrate about his right to be medically
examined in terms of Section 54(1).

QUESTION 2:- Elaborate the trial of Warrant of cases by a Magistrate?

Answer: - There are two different procedures prescribed for trial of warrant cases
by a Magistrate:

(1) Procedure of trial of warrant cases instituted on a police report.

(2) Procedure of trial of warrant cases instituted otherwise than on a police report.

Sections 238 to 243 both inclusive relate exclusively to the procedure of trials in
cases initiated on police report whereas sections 244 to 247, both inclusive, relate

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exclusively to the procedure in cases initiated otherwise than on police report.
Section 248 relates to both.

A.-Cases instituted on a police report

Section 238 – Compliance with section 207

When in any warrant-case instituted on a police report, the accused appears or is

brought before a Magistrate at the commencement of the trial; the Magistrate shall
satisfy himself that he has complied with the provisions of section 207 of the act.

A case instituted upon a police report means a case initiated on a charge-sheet

submitted by the police officer in a cognizable case. Any other case initiated in any
other manner is a case initiated otherwise-than on a police report.

Before proceeding with the case, the Magistrate has to ascertain as to whether the
copies of documents require to be supplied to the accused according to Section 207
have been complied with. If they have not been so complied, the Magistrate should
get them supplied and then proceed with the case.

If a warrant case is tried as a summons case, the trial vitiates.

Section 239 – When accused shall be discharged

If, upon considering the police report and the documents sent with it under section
173 and making such examination of the accused as the Magistrate thinks
necessary and after giving the prosecution and the accused an opportunity of being
heard, the Magistrate considers the charge against the accused to be groundless,
he shall discharge the accused, and record his reasons for so doing.

Under Section 239, Magistrate has the power to discharge the accused if upon the
consideration of the documents sent to him under Section 173 and the examination
of the accused, if any, he thinks necessary and after giving an opportunity to the
prosecution and the accused being heard, he considers that the charge against the
accused is groundless. If on the consideration of the documents and after the
examination of the accused and after hearing the prosecution and the defence, the
Magistrate is of opinion that there is a ground for presuming that the accused has

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committed an offence triable under this chapter with such Magistrate is competent
to try and which he can adequately punish, he shall frame in writing a charge.

The examination of the accused under sections 239 and 240 is meant only to get
explanation from the accused of the incriminating circumstances appearing in the
documents sent up under Section 173. It is discretionary with the Magistrate to
examine the accused. It is not obligatory to examine an accused.

The Magistrate has to record reasons for discharging the accused. Failure to record
the reasons makes the order illegal. The recording of reasons for discharge is
essential so that the Higher Courts may be able to know as to be of opinion that
the charge should not be framed and the accused should be discharged.

Section 240 – Framing of charge

If, upon such consideration examination and hearing, the Magistrate is of opinion
that there is ground for presuming that the accused has committed an offence
triable under this Chapter, which such Magistrate is competent to try and which, in
his opinion could be adequately punished by him, he shall frame in writing a charge
against the accused.

Then, the charge shall be read and explained to the accused, and he shall be asked
whether he pleads guilty of the offence charged or claims to be tried.

A Magistrate shall frame a charge if there is a ground for presuming that the
accused has committed an offence, the offence is triable under this chapter, the
Magistrate is competent to try it and the accused can be adequately punished by
him.

A Magistrate can frame a charge in a case where is ground for presuming that the
accused has committed an offence triable under this Chapter, that is to say, The
offence must be punishable to imprisonment for a period exceeding two years. If
the offence which appears to be triable as a summon case, no charge should be
framed, though the accused may be tried without framing any charge as a
summons case, similarly if the case is triable as a Sessions trial, no charge can be
framed by the Magistrate.

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A Magistrate can frame a charge under Section 240 only when he is competent to
try the case. A Magistrate may not be competent to try the case if the offence has
been committed beyond the local jurisdiction of his Court.

The charge framed shall be read over and explained to the accused and he should
be asked whether he pleads guilty or not. Charge shall be read over the accused
and not the pleader. It has been held that the charge may be explained to the
counsel of the accused and he may be allowed to plead or not to plead on behalf
of the accused. But this view is not correct. The charge has to be explained to the
accused and the accused has to plead guilty or not.

Section 241 – Conviction on plea of guilty

If the accused pleads guilty, the Magistrate shall record the plea and may, on his
discretion, convict him thereon.

If the accused pleads guilty, the Magistrate should record his plea in his own words
and clearly.

The Magistrate has discretion to convict an accused on his plea of guilty. But the
plea of guilty must be clear. It is admission of all the facts on which the charge is
founded and also the admission of guilt in respect of them. When the accused
pleaded not guilty at the time of charge being read over to him and the Magistrate
proceeded to take evidence but afterwards the accused accepted the guilt, it was
held that he could not be convicted under Section 241.

The plea of the accused must be recorded as much as possible in the very words of
the accused so that the higher courts may determine whether the plea of the
accused really amounted to a confession of the guilt.

Section 242 – Evidence for prosecution

If the accused refuses to plead or does not plead, or claims to be tried or the
Magistrate does not convict the accused under section 241 the Magistrate shall fix
a date for the examination of witnesses.

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Provided that the Magistrate shall supply in advance to the accused, the statement
of witnesses recorded during investigation by the police.

The Magistrate may, on the application of the prosecution, issue a summons to any
witnesses directing him to attend or to produce any document or other thing,

On the date so fixed, the Magistrate shall proceed to take all such evidence as may
be produced in support of the prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to
be deferred until any other witness or witnesses have been examined or recall any
witness for further cross-examination

When the accused does not plead guilty or claims to be tried or even on plea of
guilty the Magistrate does not convict him, he shall fix a date for the examination
of witnesses. It is for the benefit of the accused that this provision for fixing a date
has been provided. If the Magistrate after the statement of accused not pleading
guilty, straight way proceeds with the case, the accused may be prejudiced and
such proceeding certainly makes the trial illegal.

On the date so fixed, the Magistrate is bound to take all the evidence by the
prosecution. The provision of Section 242(3) is mandatory. There can be no doubt
that the Magistrate is bound to take all such evidence as may be produced in
support of the prosecution. A Magistrate is not competent to acquit the accused
without taking all the evidence which is offered by the prosecution. If he does
acquit without taking all the evidence, the order is illegal.

Under section 242(3) which is in very wide term, the Magistrate is bound to take all
such evidence as may be produced in support of the prosecution. There is ample
authority in support of the view that if in the course of the trial, the prosecution
thinks it necessary to file additional documents or statements of witnesses on
which they proposes to rely, the non-supply of copies does not prevent them from
filing the documents or examining the witnesses.

It is not the bounden duty of the court to compel the attendance of the witnesses
Suo-moto and examine them under Section 311, even if the prosecution does not

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care to produce them. The court may help the prosecution in securing the
attendance of the witnesses. The prosecution has to give the list of the witnesses
and pray for issue of summons and the summons being infructuous, the
prosecution has to approach the Court for warrant etc. If the prosecution fails to
take steps and does not produce evidence, the court may close the prosecution
evidence and proceed further and may acquit the accused.

The term examination means the examination, cross-examination and re-

examination. Consequently, when a witness is examined by the prosecution on the
date fixed for taking evidence, the witness has to be cross-examined by the
accused. But in suitable cases the Magistrate may postpone the cross-examination
of a witness who has been examined by the prosecution till other witness or
witnesses have been examined. This provision is for the benefit of the accused to
give him opportunity to cross-examine all the witnesses in continuation.

Section 243 – Evidence for defence

The accused shall then be called upon to enter upon his defence and produce his
evidence; and if the accused puts in any written statement, the Magistrate shall file
it with the record.

If the accused, after he had entered upon his defence, applies to the Magistrate to
issue any process for compelling the attendance of any witness for the purpose of
examination or cross-examination, or the production of any document or other
thing, the Magistrate shall issue such process unless he considers that such
application should be refused on the ground that it is made for the purpose of
vexation or delay or for defeating the ends of justice and such ground shall be
recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of
cross-examining any witness before entering on his defence, the attendance of
such witness shall not be compelled under this section, unless the Magistrate is
satisfied that it is necessary for the ends of justice.

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The Magistrate may, before summoning any witness on an application under Sub-
Section (2), require that the reasonable expenses incurred by the witness in
attending for the purposes of the trial be deposited in Court.

B.-Cases instituted otherwise than on police report

Section 244 – Evidence for prosecution

When, in any warrant-case instituted otherwise than on a police report the accused
appears or is brought before a Magistrate, the Magistrate shall proceed to hear the
prosecution and take all such evidence as may be produced in support of the
prosecution. The Magistrate may, on the application of the prosecution, issue a
summons to any of its witnesses directing him to attend or to produce any
document or other thing.

Section 245 – When accused shall be discharged

If, upon taking all the evidence referred to in section 244 the Magistrate considers,
for reasons to be recorded, that no case against the accused has been made out
which, if unrebutted, would warrant his conviction, the Magistrate shall discharge
him.

in this section shall be deemed to prevent a Magistrate from discharging the

accused at any previous stage of the case if, for reasons to be recorded by such
Magistrate, he considers the charge to be groundless.

Section 246 – Procedure where accused is not discharged.

If, when such evidence has been taken, or at any previous stage of the case, the
Magistrate is of opinion that there is ground for presuming that the accused has
committed an offence triable under this Chapter, which such Magistrate is
competent to try and which, in his opinion, could be adequately punished by him,
he shall frame in writing a charge against the accused.

The charge shall then be read and explained to the accused, and he shall be asked
whether he pleads guilty or has any defence to make.

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If the accused pleads guilty, the Magistrate shall record the plea, and may, in his
discretion, convict him thereon.

If the accused refuses to plead, or does not plead or claims to be tried or if the
accused is not convicted under Sub-Section (3) he shall be required to stale, at the
commencement of the next hearing of the case or, if the Magistrate for reasons to
be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine
any, and if so, which, of the witnesses for the prosecution whose evidence has been
taken.

If he says he does so wish, the witnesses named by him shall be recalled and, after
cross-examination and re-examination (if any), they shall be discharged.

The evidence of any remaining witnesses for the prosecution shall next be taken
and after cross-examination and re-examination (if any), they shall also be
discharged.

Section 247 – Evidence for defence.

The accused shall then be called upon to enter upon his defence and produce his
evidence; and the provisions of section 243 shall apply to the case.

C.-Conclusion of trial

Section 248 – Acquittal or conviction

If, in any case under this Chapter in which a charge has been framed, the Magistrate
finds the accused not guilty, he shall record an order of acquittal.

Where, in any case under this Chapter, the Magistrate finds the accused guilty, hut
does not proceed in accordance with the provisions of section 325 or section 360,
he shall, after hearing the accused on the question of sentence, pass sentence upon
him according to law.

Where, in any case under this Chapter, a previous conviction is charged under the
provisions of Sub-Section (7) of section 211 and the accused does not admit that
he has been previously convicted as alleged in the charge, the Magistrate may, after

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he has convicted the said accused, take evidence in respect of the alleged previous
conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Magistrate nor shall the
accused be asked to plead thereto nor shall the previous conviction be referred to
by the prosecution or in any evidence adduced by it, unless and until the accused
has been convicted under Sub-Section (2).

Section 249 – Absence of complainant

When the proceedings have been instituted upon complaint, and on any day fixed
for the hearing of the case, the complainant is absent, and the offence may be
lawfully compounded or is not a cognizable offence, the Magistrate may, in his
discretion, notwithstanding anything hereinbefore contained, at any time before
the charge has been framed, discharge the accused.

Section 250 – Compensation for accusation without reasonable cause.

If, in any case instituted upon complaint or upon information given to a police
officer or to a Magistrate, one or more persons is or are accused before a
Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the
case is heard discharges or acquits all or any of the accused, and is of opinion that
there was no reasonable ground for making the accusation against them or any of
them, the Magistrate may, by his order of discharge or acquittal, if the person upon
whose complaint or information the accusation was made is present, call upon him
forthwith to show cause why he should not pay compensation to such accused or
to each or any of such accused when there are more than one or, if such person is
not present direct the issue of a summons to him to appear and show cause as
aforesaid.

The Magistrate shall record and consider any cause which such complainant or
informant may show, and if he is satisfied that there was no reasonable ground for
making the accusation, may, for reasons to be recorded, make an order that
compensation to such amount not exceeding the amount of fine he is empowered
to impose, as he may determine, be paid by such complainant or informant to the
accused or to each or any of them.
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The Magistrate may, by the order directing payment of the compensation under
Sub-Section (2) further order that, in default of payment, the person ordered to
pay such compensation shall under go simple imprisonment for a period not
exceeding thirty days.

When any person is imprisoned under Sub-Section (3), the provisions of sections
68 and 69 of the Indian Penal Code (45 of 1860) shall, so far as may be, apply.

No person who has been directed to pay compensation under this section shall, by
reason of such order, be exempted from any civil or criminal liability in respect of
the complaint made or information given by him:

Provided that any amount paid to an accused person under this section shall be
taken into account in awarding compensation to such person in any subsequent
civil suit relating to the same matter.

A complainant or informant who has been ordered under Sub-Section (2) by a

Magistrate of the second class to pay compensation exceeding one hundred
rupees, may appeal from the order as if such complainant or informant had been
convicted on a trial held by such Magistrate.

When an order for payment of compensation to an accused person is made in a

case which is subject to appeal under Sub-Section (6), the compensation shall not
be paid to him before the period allowed for the presentation of the appeal has
elapsed, or, if an appeal is presented, before the appeal has been decided; and
where such order is made in a case which is not so subject to appeal the
compensation shall not be paid before the expiration of one month from the date
of the order.

The provisions of this section apply to summons-cases as well as to warrant cases.

QUESTION 3:- Discuss the provisions of tender of pardon?

SECTION 306-Tender of pardon to accomplice

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The purpose of this section is to grant pardon to an accused where a serious offence
is alleged to have been committed by many persons so that with the help of the
evidence of such accused, the offenders may be punished.

The pardon can be granted when the offences are triable by the Court of Session
or by a court of special Judge appointed under the Criminal Law (Amendment) Act
1952 and the offences punishable with imprisonment which may extend to 7 years
or with a more severe sentence nor exclusively triable by a Court of Session. The
provision of this section cannot be enlarged. Pardon can only be tendered with
respect to the categories of offences mentioned in the section and to none others.
The jurisdiction to tender pardon is strictly limited to the offences mentioned in the
section.

The Chief Judicial Magistrate or a Metropolitan Magistrate or the Magistrate of first

class may grant pardon with the only difference that the Chief Judicial Magistrate
or a Metropolitan Magistrate may grant pardon in any case whether they have
taken cognizance of it or not. They may grant pardon at any stage of investigation
or inquiry into or trial of the offence even if the trial is proceeding before the Court
of Session. But the Magistrate of first class can grant pardon only in the cases which
he is enquiring or trying and he can grant pardon only at any stage of the inquiry or
trial. A Magistrate of First Class cannot grant pardon at the stage of the
investigation, nor can do so in a case which is not before him for inquiry or trial.

The only conditions required for granting pardon are that the accused should make
a thorough and complete disclosure of all the facts within his knowledge throwing
light upon the offence or the offences about which he promises to give evidence.
The Magistrate granting pardon has power to add any condition. The Magistrate
may make a condition that if the approver fails to make a full disclosure of the facts,
he may be prosecuted.

It is discretionary with the Magistrate to grant pardon. But he should exercise the
power in exceptional circumstances. If no approver is examined as a witness the
other accused will go free, pardon may be granted. When there are a number of
witnesses, of fact, the pardon should not be granted to an accused. In any case no
pardon should be granted to the main offender.
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It often happens that the police does not charge sheet one of the accused and
examines him as a witness. The evidence of such a witness is not irrelevant, but
such course should be deprecated.

The Magistrate granting pardon shall explain all the conditions to the accused. He
has to make it clear to the accused that if he does not fulfill the conditions and if
he conceals any material fact or if he tells anything false, he may be tried. The
Magistrate shall record his reasons and should also mention as to whether the
pardon was accepted. The Magistrate has also to supply a copy of this procedure
to the accused if asked for. If the manner of pardon is substantially complied with,
though it is not very regularly recorded, the procedure is legal.

Before an accused can be examined against a co-accused not only that a pardon
should be tendered to him, but it is necessary that he should accept it. If the pardon
is not accepted by a person, his position remains that of an accused. The
acceptance of pardon need not be in writing. It may be evidenced by the conduct.
A person can be said to have accepted a pardon only when he sticks to the
conditions imposed.

The Magistrate tendering pardon has to record the reason for granting pardon. The
reasons that the accused is granted pardon so that evidence may be available
against the other accused is a good reason. The giving of the reason is not a
condition precedent for granting a pardon. It is only a matter of procedure and the
failure to record reason is only an irregularity which does not affect the pardon. It
has been held that recording of reason is mandatory provision. If the reasons are
not recorded the order of Magistrate can be quashed.

The expression ‘any person supposed to have been directly or indirectly concerned
in or privy to an offence’ does not necessarily mean a person against whom a
charge sheet has been submitted nor is it necessary that he should know exactly
what crime has been committed. The ground of granting a pardon is not the extent
of complicity of a person in the offence. The fact that the person concerned does
not implicate himself to the same extent as he does others is no bar in granting a
pardon.

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The pardon granted is not limited to the offences for which the trial is being held,
rather it extends to all the offences which were so connected with the offence for
which the pardon was tendered. The approver on acceptance of the pardon is
required to make a complete disclosure of all the facts within his knowledge
bearing upon the offence or offences as to which he gave evidence. Pardon
protects the offender from being prosecuted for the offence for which pardon is
granted.

In some cases, pardon once granted and accepted cannot be withdrawn.

If the person to whom pardon is tendered has not been released on bail prior to
granting him pardon, he shall be detained in custody until the termination of the
trial. The provision to keep him in custody is mandatory and neither the Magistrate
nor the Judge nor even the High Court can grant him bail.

Custody, under this section, means a judicial custody. A person who is granted
pardon has not to be sent to police custody. He has to be kept in judicial lock-up.

Even if the pardon has been refused at one stage, a further request can be
entertained and considered only if fresh or additional facts are placed by the parties
concerned.

A tender of pardon and its acceptance is a matter entirely between court concerned
and the person to whom it is made. The other person against whom an
investigation or enquiry is going on in connection with the same offence have no
right to object to the making the tender of pardon.

Under the old Code, it was held by the Delhi High Court that the order tendering
the pardon was an administrative order and so it was not revisable. This case was
over ruled and the order was revisable. Under the present law, the order tendering
the pardon and order declining to tender pardon are interlocutory orders and so
no revision lies.

There are two ways open to the prosecution to examine a co-accused against the
others without granting him pardon. The public prosecutor may withdraw from the
prosecution against that accused under Section 321, get him discharged and then

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examine him. The second course open to the prosecution is to separate the case of
that particular accused from that of the other accused and then examine him in the
case against the other accused. The police carrying investigation may make an
accused a witness by giving him assurance that he would not be prosecuted. A
person liable to be summoned under Section 319 is a competent witness if not
summoned as an accused under that Section 55.

The release of the approver on bail by the High Court does neither affect pardon
granted to him nor the trial.

SECTION 307-Power to direct tender of pardon

At any time after commitment of a case, but before judgment is passed, the Court
to which the commitment is made may, with a view to obtaining at the trial the
evidence of any person supposed to have been directly or indirectly concerned in,
or privy to, any such offence, tender a pardon on the same condition to such
person.

SECTION 308-Trial of person not complying with conditions of pardon

The prosecution of an approver can be started only on the certificate of the public
prosecutor to the effect that the person has not complied with the conditions of
the pardon by willfully concealing anything essential fact or by giving false
evidence. The sole basis for the prosecution of the approver is the certificate of the
public prosecutor.

The provision of this section pre-supposes that the pardon which had been
tendered was accepted and thereafter the approver has willfully concealed
anything essential or has given false evidence. There must be acceptance of the
pardon and the person must be examined. If the pardon has not been accepted,
the trial of the approver without certificate is illegal and it is also illegal to try him
with other accused.

The approver may be tried for the offence in respect of which pardon has been
tendered, or the other offence which might have been committed in connection
with the same matter and for giving false evidence.

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The trial of a person who has not complied with the condition of the provision must
not be held jointly with other accused of the case, but if the pardon has not been
accepted by him, he may be jointly tried.

The trial for perjury cannot be started without the sanction of the High Court. The
High Court is not bound to accord the sanction in each and every case. The High
Court before granting sanction should consider all the circumstances in the case
and decide the main question whether the previous statement or the confession
was true and voluntary. If it is of opinion that the previous statement and
confession was true, the sanction may be accorded. If the statement at the time of
pardon is not true, the inference may be that the statement was obtained by force
and sanction is not to be granted.

For the trial of an approver only the sanction of the High Court is needed. Neither
an enquiry under Section 340 nor a complaint by the Court under Section 195 is
needed. The approver shall be tried on the charge-sheet submitted by the police.

At the trial of the approver, the statement at the time of accepting the pardon, the
statement made by the approver under section 164 after accepting the pardon and
the statement at the committal proceeding and at the trial shall be relevant against
the accused at his trial for perjury. The statement to be admissible under this
section should be made after the acceptance of the pardon.

The accused has a right to plead at the trial that he fulfilled the conditions of the
pardon and if he so pleads, the burden to prove that he did not comply with the
pardon either by willful concealment of essential fact or giving false evidence, lies
on the prosecution.

A Sessions Judge or Magistrate trying an approver has to ask the approver whether
he pleads that he had complied with the conditions of the pardon. The Judge has
to put this question before he examines the witnesses; failure to follow this
procedure would vitiate the trial. Sub-sections (4) and (5) of Section 308 make it
clear that in the trial of an approver who has forfeited the pardon, the question
whether he pleads that the conditions of pardon have been complied with by him
has to be first decided before he is tried for original offence. It is imperative for the

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Sessions Courts to ask the accused whether he pleads that the conditions of pardon
have been complied with before the charge for the original offence is read out. If
he so pleads, a clear finding on the question of compliance or non-compliance of
the conditions of pardon would be condition precedent to his protection for the
original offence after he forfeits his pardon.

The Court has power to record the plea of the approver and for the sake of justice,
it has to record it in full.

The court after recording the plea of the approver will proceed with the trial, but
before passing any judgment, it has to decide whether or not the approver has
complied with the conditions of the pardon.

If the Court comes to the conclusion that the prosecution could not prove that the
approver did not comply with the conditions of the pardon, it has to pass a
judgment of acquittal. Only when the finding is against the approver, he may
convict the accused.

Question4. What do you mean by FIR? In what circumstances a Magistrate can

make an order for investigation of an offence? OR What are the ingredient of
FIR? What are the effects of delay in filing FIR?

INTRODCTION:-First information report and investigation plays an important role

in administering of criminal justice. It is expected that it should be recorded with
utmost care and caution. It should be recorded without any delay so that
manipulation of facts does not arise. FIR & Investigation determines that a prima
facie case exist against the accused or not. Sections 154 of Cr.P.C.-1973 described
in detail about FIR, but fi word is not as such written in this section.

ESSENTIAL ELEMENTS OF F.I.R.

Although the definition of FIR is no given in the Cr.P.C. however it may be as

follows:-

i) It is information which is given at the first stage to the Police Officer In- charge of
the Police station.

18
ii) Information must relate to a cognizable offence.

iii)It is on the basis of this information that investigation into the offence
commences.

v)The FIR could be in any type i.e. written or oral. It can also be given on telephone.
Sunil v/s State of MP, 1997.

It is essential that a detailed explanation of the happening should be given in FIR.

In a case of NavratanMahanto v/s State of Bihar-1980, the court observed that the
prosecution cannot be dismissed merely on the basis that FIR does not contains
the complete explanation of happening as only gist of the happening in factual
position needs to be mentioned.

Section 154 says- As soon as the Officer-in-charge receives information of

commission of a cognizable offence entry to this effect shall & immediately be
made in the Register maintained for this purpose without delay.

If any information is given orally, it should be recorded and then to read and
obtained the signature of the person giving information.

In a case of State of A.P v/s P. Ramulu, 1993, the court observed that FIR cannot
be refused to be recorded on the ground that the offence was committed not
within the jurisdiction.

There should be no delay in registering FIR (Gnash Bhawan Pated v/s State of
Maharashtra, 1979.).

CIRCUMSTANCES WHEN MAGISTRATE ORDERS FOR INVESTIGATION: –

Investigation begins with the FIR. If the FIR is regarding any non-cognizable offence
then such information shall be recorded in the register maintained for this purpose
and the person who is giving the information will be referred to the Magistrate. In
other words investigation cannot be done without the order of the Magistrate.

Section 155 of the Code of criminal procedure provides that:-

1.No Police Officer shall investigate a Non-cognizable case without the order of the
Magistrate having power to try such case or commit the case for trial.
19
2.Any Police officer receiving such order may exercise the same powers in respect
of the investigation (except the power to arrest without warrant) as an Officer–in-
charge of a police station may exercise in cognizable case.

3.Where a case relates to two or more offences of which at least one is cognizable,
the same shall be deemed to be a cognizable case, notwithstanding that the other
offences are non-cognizable.

4.An investigation in a non-cognizable offence made under the order of Magistrate

is treated as in investigation under chapter-XII and the report will be submitted to
the Magistrate under section 173(2).

In cases of cognizable Offences, there is no need of the orders of the Magistrate to

begin the investigation. However it has also been made clear by the Supreme Court
a new provision under the code under section 155(4) which incorporates a view of
Supreme Court that where a case relates to two or more offences of which at least
one is cognizable the case shall be deemed to be a cognizable case, in-spite of the
fact that other offences are non-cognizable, where there are both cognizable and
non-cognizable offences mixed together the Police Officer can investigate even if
there is single cognizable offence.

QUESTION-5. Discuss the provisions relating to Information to the police and their
powers to investigate.

INTRODUCTION: – Section 154 speaks of information relating to the commission of

a cognizable offence given to an officer-in-charge of a Police Station. This section
has a three-fold object that to inform the District Magistrate and Supdtt. Of Police
who are responsible for maintaining peace and safety of the District. It is also
pertinent to brought it in the notice of judicial officers before whom the case is
ultimately tried. And the most important to safeguard the accused against
subsequent variations or additions.

1.INFORMATION IN CONIZABE CASES:- Every information relating to the

commission of a cognizable offence if given orally to an officer-in-charge of a Police
Station, shall be reduced to writing by him or under his direction and be read over
to the informant. Every such information, whether given in writing or reduced to
20
writing as aforesaid, shall be signed by the person giving it. The officers receiving
make the entries of the substance thereof in the prescribed Register available with
him.

2.Copy of the Information as recorded shall be given forthwith free of cost to the
informant.

3.Refusal to record the information: - If any officer-in-charge of police station

refuses to record the information the informant may send to substance of such
information to the Supdtt. Of Police concern who further on his satisfaction will
investigate the case himself or direct to his subordinate.

4.The information given to Police Office and reduced to writing as required under
the section is called FIR. When any information discosing cognizable offence is laid
before the Officer I/c of a Police Station, he has no option but to register the case
of that base as held in State of Haryana v/s Ch.Bhajan Lal-1992.In a case of
Gurpreet Singh v/s State of Punjab-2006:- It was held that merely non-disclosure
of the names of witnesses in the daily diary as well as mortuary register cannot
affect the prosecution of case.

Case State of A.P. v/s V.V. Panduranga Rao-2009: It was held that statement given
on telephone is to be treated as FIR because cryptic telephonic message of
cognizable offence received by Police would not constitute FIR. The mere fact that
the telephonic message was first in point of time does not by itself clothe it with
character of FIR.

5.Where FIR is lodged and what Object: - Generally the information about the
offence committed is given to the Police Station of the place concern, but it does
not mean that it cannot be lodged elsewhere. In a case of PunatiRaube v/s State
of A.P.-1993: The police constable refused to record the complaint on the ground
that the said police station had no territorial jurisdiction over the place of crime.
Any lack of territorial jurisdiction could not have prevented the constable from
recording information about the cognizable offence and forwarding the same to
concern police station.

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6.The object of FIR: the main object of the FIR is to complain of any of the offence
to a Police officer so that criminal law could be applied. Where the FIR was found
o have been written after the inquest report was prepared the court held that it
has lost its authenticity in the case of Balaka Singh v/s State of Punjab-1975.

7. IMPORTANCE OF FIR:- On consideration its important from every angle it is

noticed that FIR is a very important from the occurrence of an offence. It should be
given immediately after the offence is committed. The delay in giving information
is viewed with grave suspicion as held in the case of Modivalappa -1966. There is
no need to give the names of witnesses or other minute detail.

8. Duty to register FIR: - In a case of Rajender Singh Katoch v/s Chandigarh

Administration & Others-2008, that although the officer-in-charge of Police station
is legally bound to register a FIR in term of sec.154. It was also held in
AlequePadamsee and Others v/s Union of India-2007:- that in case of inaction of
police officials in registering FIR person aggrieved can adopt modalities contained
in sec.190 read with 200 Cr.P.C by laying complaint before the magistrate concern
to take cognizance of offence.

9.Delay in filing FIR: – Delay in giving FIR can be condoned if there is satisfactory
explanation as held in Aprenjospeh v/s State of Kerla-1973.

Whether the delay is so long as to throw a cloud of suspicion on deeds of the

prosecution case must be depend upon a variety of actors, Case Ram Jog v/s State
of UP-1974.

10. Delay in lodging FIR in rape cases:- In State Of Himachal Pradesh v/s Shrikant
Shekari-2004: That mere delay in lodging FIR does not anyway render prosecution
version brittle.

11. Powers to investigate: -Under section156 the police are empowered to

investigate into a cognizable offence without order of a Magistrate or without a
formal first information report. If the police do not investigate the Magistrate can
order for the investigation as in case of Abhyanand Jha v/s Dinesh Chandra-1968.
Sec. 156(2) provides that no proceeding of a Police Officer in any such case shall at

22
any stage be called in question on the ground that the case was one which such
officer was not empowered under this sec. to investigate, case Hari Singh v/s State
of UP-2006. Sec.156(3) Any magistrate is empowered under sec.190 may order
such an investigation, case Bateshwar Singh v/s State of Bihar-1992.

QUESTION-6. Brief the Jurisdiction of criminal Courts in inquiries &Trials. OR

“Every offence shall ordinarily be inquired and tried by court within the local
limits of whose jurisdiction It was committed.” Explain the statement and state
its exception.

INTRODUCTION: – A Magistrate within whose local jurisdiction the offence is

committed is competent to take cognizance and to try the case. The jurisdiction of
the Magistrate does not come to an end by transfer of the locality, where the crime
was committed to another district. The court having jurisdiction to try the offences
committed in pursuance of the conspiracy can try the offence of conspiracy even if
it was committed outside its jurisdiction under section 177.

It makes it clear that an offence shall be inquired and tried by a court within the
local limits of whose jurisdiction the offence was committed. B.Patnaik v/s
Smt.Binand, 1970, it was held that court decided that offences shall be tried by a
court within the local limits of whose jurisdiction the offence was committed.

1.Place of inquiry or trial in certain matters: - Sec.178, when it is uncertain in which

of several local areas an offence was committed. The offence is committed partly
in one local area and partly in another. Where an offence is continuing one and
continues to be committed in more local areas than one. Then it may be inquired
or tried by a court having jurisdiction over any of such local areas. State of M.P. v/s
K.P.Ghiyara-1957.

2.Offence triable where act is done:- 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 within whose local jurisdiction such thing has been
done or such consequence has ensued under sec. 179.

23
Case Lalchand v/s State -1961is suitable example a gang was created for dacoity in
a district but was committed in another district, it was decided that the case can be
tried by the court of any of the two districts.

3. Place of trial act is offence by reason of relation to other offence: - When an

act is an offence by reason of its to any other act which is also an offence or which
would be an offence if the door were capable of committing an offence the offence
which is done first may be inquired into or tried by a court within whose local
jurisdiction either act was done, under sec.180. MunnaLal v/s State of Rajasthan-
1964: committing theft and receiving stolen property, such matter can be tried by
a court of any of the two places.

4. Place of trial in case of certain offences: -Any offence of being a thug or murder
committed by a thug of dacoity, of dacoity with murder of belonging to a gang of
dacoits or of escaping from custody may be inquired into or tried by a Court within
whose local jurisdiction the offence was committed or the accused person is found.
Under sec.181.Jaswant Singh v/s Emperor, 1918, in a matter of abduction of
married woman for the purpose of unlawful intercourse, it can be tried that court
within whose local jurisdiction the woman was detained.

5.Offences committed by Letters etc:- Any offence which includes cheating may if
the deception is practiced by means of letters o telecommunication message be
inquired into or tried by any court within whose local jurisdiction such letters or
messages were sent or were received and may offence of cheating and dishonesty
including delivery of property may be inquired into or tried by a court within whose
local jurisdiction the property was delivered by the person deceived or was
received by the accused person under sec.182. Tekumalla Muneiah v/s
C.B.Ammanamma, 1991: it was a case of bigamy the court held the complainant
could be entertained by the court having territorial jurisdiction over that place.

6.Offence committed on journey or voyage: - When an offence is committed while

the person by or against whom or the thing in respect of which the offence is
committed is in the course of performing a journey or voyage the offence may be
inquired into or tried by a court through or into whose local jurisdiction that person
or thing passed in the course of that journey or voyage, u/sec.183.
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7.Place of trial for offences triable together: - Sec.184 says, where the offence
committed by any person are such that he may be charged with and tried at one
trial for each such offence by virtue of the provisions of seec.219 or sec.220 or
sec.221. The offence or offences committed by several persons are such that they
may be charged with and tried together by virtue of the provision of sec.223.Case:
Pursottam Dalmia v/s State of W.B.-1961.

8.Offences Committed Outside India: - When offences is committed outside India

by a citizen of India, whether on the high seas or elsewhere or by a person not being
such citizen on any ship or aircraft registered in India, he may be dealt with in
respect of such offence as if it had been committed at any place in India at which
he may be found.

QUESTION-7. DISCUSS THE JOINDER OF CHARGES UNDER CODE OF CRIMINAL

PROCEDURE.

INTRODUCTION: - The object of the rule embodied in the sec. 218 of Cr. P. C., is to
ensure a fair trial and to see that the accused is not bewildered or perplex to
confuse by having been asked to defend several unconnected charges or distinct
offences lumped together in one charge or in separate charges. We will read the
rules relating to joinder of charges described in different part of this section. There
is no exception to the rule that there should be separate charge for each offence.
The detail study of this section is as under:-

DEFINITION: – For every distinct offence of which any person is accused there shall
be a separate charge and every charge shall be tried separately. Where the accused
person by an application in writing, so desires and the Magistrate is of opinion that
such person is not likely to be prejudiced thereby, Magistrate may try together all
or any number of the charges famed against such person.

1.Effect of Contravention of Sec.218:- The effect of the contravention of the

provisions of this sec. has been considered by the Supreme Court in following
number of cases:-Sushil Kumar v/s Joy Shankar-1971: It was held that charges
under 408 and 477A of IPC could be tried together. In this case several persons
accused on several items of embezzlement were tried jointly. There was no failure

25
of justice in consequence of the joinder of charges had occurred. In V.N. KAMDAR
v/s DELHI MUNICIPALITY-1973: It was held, “that the provisions of sec. 218 to 224
would indicate that separate charge and separate trial for such distinct offence is
the normal rule and joint trial is an exception when the accused have committed
separate offence.”

2.Failure to Explain injuries on the accused: - When the prosecution fails to explain
satisfactorily the injuries sustained by the accused there are number of judicial
pronouncements on this point. Case State of Gujrat v/s Bai Fatima-1975: It was
held that the accused had inflicted the injuries on the members of the prosecution
party in exercise of the right of self-defenses.

3.Three offences of the same kind within year may be charged together:- under
section 219 of Cr. P. C. when a person is accused of more offences than one of the
same kind committed within the space of twelve months from the first to the last
of such offences, he may be charged with and tried at one trial for any number of
them not exceeding three. Provisions of section are only enabling provisions, it
applies where offences are of the same kind but it does not apply where offences
are not of the same kind such as criminal breach of trust and falsification of
accounts. Rahmat v/s State of U. P.-1980.

4.Trial for than one offence:- If in one series of Acts so connected together as to
form the same transaction more offences than one are committed by the same
person, he may be charged with and tried at one trial for every such offence as
provided under section,220 of the Cr. P.C. Case Krishna Murthy v/s Abdu Subhan-
1965. Case of Kanshiram v/s Jhunjhunwala-1935, with the same it was necessary
to ascertain whether they are so connected together as to constitute a whole which
can properly be described as a transaction.

5.Where it is doubtful what offence has been committed: – Sec.221 provides for
the cases where it is doubtful what offence has been committed. It applies to the
cases in which the facts are not doubtful but the application of law to the facts is
doubtful as held in a case of Abdul Hamid -1935. This sec. applies where the doubt
is about the nature of the offence and not about the facts as held in case Jatinder
Kumar v/s State of Delhi-1992.
26
6.When the offence proved included in offence charged: – Sec.222 considered the
conviction of minor offence included in the offence charged in either of two cases,
where the offence charged consists of several particulars and combination is
proved but the remaining particulars are not proved as held in Maung Ba v/s the
King-1938. And where the facts are proved which reduce the offence charged to a
minor offence as held in case of, Emperor v/sAbdul Wahab-1945.

7. What persons may be charged jointly: - Under sec.223 joint trail of several
persons is permissible and applies only to trials and not to inquires. A joint trial of
several persons under this section is not vitiated merely by the facts that at the end
of the trial the facts found happen to be different from those on the basis of which
the charges were originally framed as held in case of Trilok Chand v/s Rex-1949. It
was also held in case of A.R.Autulay v/s R.S.Nayak-1988.

8.Withdrawal of remaining charges on conviction on one of several charges: –

When a charge containing more heads than one is framed against the same person
and when a conviction has been had on one or more of them, the complainant or
the Officer conducting the prosecution may with the consent of the Court withdraw
the remaining charge or charges. The court of its own accord may stay the inquiry
into or trial of such charges. Court may proceed with the inquiry into or trial of the
charge or charges so withdrawn.

QUESTION-8. Discuss the provisions of trail before a Court of Session.

INTRODUCTION: – The procedure of trial of offences before court has been

described in section 225 to sec. 237 of the Criminal Procedure Code-1973. Here it
is important that any matter does not come directly for trial before the Court of
Sessions. Such matter is committed for trial to Court of Session. Any matter is
committed to Court of Session when it has the exclusive jurisdiction to try such
offence.

1.CONDUCTION OF TRIAL: - In every trial before a Court of Session, the prosecution

shall be conducted by a Public Prosecutor as laid down in sec.225 of the code.

2.OPENING THE CASE FOR PROSECUTION:- When the accused appears or brought
by before the Court in pursuance of a commitment of the case under section 209
27
the prosecutor shall open his case by describing the charge brought against the
accused and stating by what evidence he purposes to prove the guilt of the accused
under sec. 226 of Cr. P. C. case of Hukam Singh v/s State of Rajasthan-2001.

3. DISCHARGE: – If upon the consideration of the record of the case and the
documents submitted therewith and after hearing the submission of the accused
and the prosecution in this behalf, the Judge considers that there is not sufficient
ground for proceeding against the accused he shall discharge the accused and
record his reasons for doing so. As held in case of T.V.Sharma v/s R.Meeriah-1980.
It is called charge arguments; court has to consider the complete case carefully
before giving order to discharge State of J&K v/s Romesh chandra-1997. These are
the provisions of sec.227.

4.Framing of charge: – While framing charges court shall only see that there is a
prima facie case against accused or not. At this juncture there is no need for
praising witnesses as held in case of State of M.P. v/s S.B. Johri-2000. Where the
judge frames any charge, the charge shall be read and explained to the accused and
accused shall be asked whether he pleads guilty of the offence charged or claims
to be tried as provided in section 228 of Cr. P.C.

5.Conviction on Plea of Guilty: – If the accused pleads guilty the judge shall record
the plea and may in his discretion convict him thereon. The plea of guilty only
amounts to an admission that the accused committed the acts alleged against him.
It was held in case of Tyron Nazarath v/s State of Maharashtra-1989. This is more
so in case persons tried jointly when some plead guilty and the others claim to be
tried, case of Bantra Kunjana-1960. These are provisions available in sec. 229 of
Cr.P.C.

6.Date for Prosecution Evidence:- If the accused refuses to plead or does not plead
or claims to be tried or is not convicted under sec.229, the Judge shall fix a date for
the examination of witnesses and may on the application of the prosecution issue
any process for compelling the attendance of any witness or the production of any
document or other thing. Case MukipadMandal v/s Abdul Jabbar-1973, it is the
duty of court to take all necessary steps to compel the attendance of witnesses.

28
The accused cannot be acquitted on the ground of failure of the witnesses to
appear before the court, under sec. 230.

7.Evidence for Prosecution:- On the date fixed, the judge shall proceed to take all
such evidence as may be produced in support of the prosecution sec.231. when
any witness appears before the court there shall be no delay as possible in his
examination but if any delay happens in the examination of any witness the merely
on this ground the prosecution matter cannot be suspended case of Guddu v/s
State of M.P-2004.

8.Acquittal: –If after taking the evidence for the prosecution examining the accused
and hearing the prosecution and he defence on the point the Judge considers that
there is no evidence that the accused committed the offence the judge shall record
an order of acquittal under sec. 232. The accused can either be convicted or
acquittal but not discharged.

9.Entering Upon Defence: - Where the accused is not acquitted under sec.232 he
shall be called upon to enter on his defence and adduce any evidence he may have
in support thereof. It the accused puts in any written statement the judge shall file
it with the record. If the accuse applies for the issue of any process for compelling
the attendance of any witness or production of any document or thing the judge
shall issue such person unless he considers such application for the purpose of
vexation or delay or for defeating the ends of justice. Case State of MP v/s Badri
Yadav-2006. These are the provisions in sec.233.

10. Arguments: - When the examination of witnesses for the defence is complete
the prosecutor shall sum up his case and accused shall be entitled to reply. During
his process where any point of law is raised by the accused the prosecutions mazy
with the permission of judge make his submissions with regard to such point of law
under sec. 234. It is called arguments.

11.Judgment: -After hearing both the parties the judge shall give a judgment in the
case under sec.235.Case: AlluddinMian Sharif Mian v/s State of Bihar-1989.

29
12.Previous Conviction: – If the accused is charge of previous conviction and the
accused does not admit that then judge may take evidence in respect of the alleged
previous conviction and record a finding thereon under sec. 236.

13.Procedure in cases instituted under Sec. 199: -Sec.237 of the code provides the
procedure for trial of such matters which have been instituted under sec.199 (2).
Sec.199 (2) provides for prosecution of defamation matters. If any matters of
defamation is alleged to have been committed against the President of India, Vice-
President, Governor of State, Administrator of UT, Minister of Union or State or
Any other Public servant. If during trial court finds scope of acquittal he may pass
such orders.

QUESTION-9.For every distinct offence of which any person is accused there shall
be a separate charge and every such charge shall be tried separately. Explain are
there any exceptions to this rule, if so what?

INTRODUCTION: - Provisions relating to charge are aimed at giving complete

information to the accused about the offence of which he is being charged. It gives
the accurate precise information about the accusations made against him. Every
charge shall state the offence with which the accused is charged. The charge shall
be written in the language of the Court. The language of the charge should be
specific and clear.

WHAT IS CHARGE: – Sec.2 (b) of Cr.P.C.-1973 provides the definition of charge but
it is neither definition as per dictionary meaning nor it is directing any meaning. It
only says that, “Charge induces any head of charge when the charge contains
more heads than one.” Charge is such a written statement of the information of
offence against the accused person which contains the grounds of charge along-
with time, place, person and things in relation to which offence is committed. The
charge is a precise formulation of the specific accusation of an offence against the
accused person. Accused prepares his defenses on the basis of it.

Components of Charge: - Sec.211 says that: -

1.Every charge shall state the offence with which the accused is charged.

30
2.If the law which creates the offence gives it any specific name, the same may be
described by that name, like theft, robbery, dacoity or murder etc.

3.If law does not give any specific name so much of the definition of the offence
must be stated for giving the notice to accused.

4.The Law and section of the law against which the offence is committed shall be
mentioned in the charge.

5.The fact that the charge is made is equivalent to a statement that every legal
condition required by law to constitute the offence is fulfilled.

6.The charge shall be written in the language of the court. Case of Krishan v/s State
of Kerla-1958.The court said that charge should be in Court’s language.

7.The previous conviction if any of the accused must be stated in the charge i.e.
place, date and the fact of the offence.

According to Sec. 212:- Particulars as to time place and person:-

1. The time of commission of the offence be given in the charge.

2. The place of commission of the offence may also be recorded in charge.

3. The person against whom or thing in respect of which it was committed.

4. The manner of committing offence must be stated in the charge u/s 213.

5. The words must be of sense of law under which offence is punishable u/s214.

Effect of Errors: – Section 215 of the code says that there should be no error in
stating either the offence or the particulars required to be stated in the charge,
there should also be no omission to state the offence or those particulars which at
any stage of the case as material unless the accused was in fact misled by such error
or omission which may results the failure of justice. Then such charge shall be
considered faulty and the trial on the basis of such charge shall also be faulty.

Court May alter the charge: Under sec.216, any court may alter or add to any
charge at any time before the judgment is pronounced.

31
Recall of Witnesses when charge altered:- under section 217, whenever the
charge is altered or added to by the Court after the commencement of the trial the
prosecutor and the accused shall be allowed to recall or re-summoned and examine
the alteration and addition any witness who may have been examined.

Separate charges for distinct offence: – The object of sec.218 is to ensure a fair
trial and to see that the accused is not bewildered by having been asked to defend
several unconnected charges or distinct offences lumped together in one charge,
case of Aftab Ahmad Khan v/s State of Hydrabad-1954.

Same offences of same kind within one year may be charged together: – sec. 219
provides that offences punishable under sec.379 and 380 IPC shall be deemed to
be offences of the same kind. Criminal breach of trust and falsification of accounts,
when the offence is committed by a single accused and is not applicable where
several persons are tried jointly.

Trial for than one offence: - Sec.220 provides If in one series of acts so connected
together as to form the same transaction, more offences than one are committed
by the same person, he may be charged with, and tried at one trial for every such
offence. Case State of Biahar v/s Simranjit Singh-1987.

Framing of charge where it is doubtful what offence has been committed:-

sec.221 of the code provides for the framing of charge in those matters where there
is doubt of what offence has been committed. In such matters, charge shall be
framed as follows:-

All offences committed as a result of the nature of Act.

All or any of such offences charged in the alternative with having committed some
one of the said offences. Goverdhan v/s Kanilal-1953.

When offence proved included in offences charged:- When a person is charged with
an offence consisting of several particulars or an offence and facts are proved which
reduce it to a minor will be convicted of the minor, case of State of Maharashtra
v/s Rajendra Janmal Gandhi-1997, SangarobinaSreenu v/s State of A.P.-1997.
These are the provisions of Sec.222 of the code.

32
Withdrawal of remaining charges on conviction on one of several charges:-
Sec.224 of the code says that when a charge containing more heads than one is
framed against he same person and when a conviction has been had one or more
of them the applicant or prosecution with the consent of court withdraw the
remaining charges or court of its own accord may stay the inquiry or trial.

QUESTION-10. What do you mean by Judgment? What are the contents of

judgment? Discuss the powers of High court to confirm death sentence?

INTROUDCTION: – After hearing both the parties the Judge give a judgment in the
case. The judgement in every trial in any criminal court of its own jurisdiction shall
be pronounced in the open court by the presiding officer immediately after the
termination of the trial or at some subsequent time of which notice shall be given
to the parties or their pleaders.

1. Section 353 of the cr. procedure code-1973 provides:-The judgment in every

trial in any criminal court in its own jurisdiction shall be pronounced in open court
by the presiding officer immediately after the termination of the trial or at some
subsequent time of which notice shall be given to the parties or their pleaders. Case
Anthony v/s State-1993. It was also held in a case of Yechury Manohar v/s State
of A.P-2005, that electronic media cannot provide any guiding factors.

2.Language and contents of Judgment: – That every judgment shall be written in

the language of the Court. It may also contain the point or points for determination,
the decision thereon and the reasons for the decision, as provided in sec. 354 of
the code. Case of Ram Bali v/s State of U.P. -2004. The language and the contents
of the judgment must b self-contained and must also show that the court has
applied its mind to the facts and the evidence, as held in case of Niranjan V/s State
-1978. Failure to signing of judgment at the time of pronouncing it is only a
procedural irregularity curable as per instructions provided in the code.

3. Judgment of Metropolitan Magistrate: – That instead of recording a judgment

in the manner provided a metropolitan magistrate shall record the serial number
of the case, the date of commission of the offence along-with the name of the
complainant. The name of the accused person his parentage and residence

33
mentioning the plea and examination of accused. The date of final order may also
be recorded as provisions laid down in sec.355.

4. Order for notifying address of previously convicted offender: – Sec. 356 of the
code provides that, when any having been convicted by a court in India of an
offence punishable. If such conviction is set aside on appeal or otherwise such order
shall become void. State Govt., can make rules to carry out the provisions relating
to the notification of residence.

5.Order to pay compensation: -The quantum of compensation is to be determined

by taking into consideration the nature of the crime, injury suffered and the
capacity of the convict to pay in case of Manish Jalan v/s State of Karnatka-2007.
These are the provisions of the section 357.

6.Scheme for compensation to victim:-In every state with the coordination with
the central Govt., shall prepare a scheme for providing funds for the purpose of
compensation to the victim or his dependents who have suffered loss or injury as
a result of the crime and who require rehabilitation under sec.357A.

7. Compensation to persons groundlessly arrested: – Sec. 358 provides that

whenever any person causes a police officer to arrest another person if it appears
to the Magistrate by whom the case is heard that there was no sufficient ground of
causing such arrest. The Magistrate may award such compensation not exceeding
1000/- rupees as held in case of Parmod Kumar v/s Golekha 1986.

8. Order to pay costs in non-cognizable cases: – Sec.359 says that whenever any
complaint of a non-cognizable offence is made to a court, the court if it convicts
the accused can order to pay the penalty along-with cost incurred by the
complainant and in case of default of payment the accused can sentence simple
imprisonment for a period not exceeding 30 days.

9. Order to release on probation of good conduct after admonition:-Sec.360 says

that this section is a piece of beneficent legislation. It applies only to first offenders.
It enables the court under certain circumstances to release the accused who has
been convicted on probation of good conduct as in a case of VedParkash v/s State
of Haryana-1981.
34
10.Special reasons to be recorded in certain cases: – Where in any case the court
could have dealt with an accused person under the provisions of offenders Act a
youthful offender may tried by any other law for the time being in force for the
treatment training or rehabilitation of youthful offenders as held in case of Nanna
v/s State of Rajasthan-1989, under sec. 361.

11.Court not to alter Judgment:- According to section 362 of the code that any
other law for the time being in force no court when it has signed its judgment or
final order disposing of a case shall alter or review the same except to correct a
clerical or arithmetical error, case of Naresh& others v/s State of U.P.-1981.

12. Copy of the judgment to be given to the accused and other persons: – Section
363 says that a copy of the judgment shall immediately after the pronouncement
of the judgment be given to him free of cost, as held in case of LadliParsad Zutsi-
1932.

13. Judgment when to be translated: – Sec.364 provides that the original judgment
shall be filed with the record of proceedings and where the original is recorded in
different language from that of court and so requires it may be translated in to the
language of the Court.

14. Court of Session to send copy of finding and sentence to District Magistrate:
– In the case tried by the court of session or a CJM the court or such magistrate as
the case may be shall forward a copy of its or his finding and sentence if any to the
District Magistrate as said in sec. 365 of the code.

14 Submission of death sentences for confirmation: -Sec.366 When a Court of

Session passes a sentence of death the proceedings shall be submitted to H/C, it
cannot be executed unless it is confirmed by H/C. Sec.371 procedure laid down that
the Proper officer without delay after the order of confirmation or other order has
been made by H/C send a copy of the order under seal of H/C duly attested to
S.Court

35
QUESTION-11. Examine the law relating to appeal in criminal case. Make a
difference between Appeal & Revision in criminal cases.

INTRODUCTION:-Appeal is an important remedy for person’s dissatisfied from

judgment finding and orders of the trial court. Under section 372 of the Cr.P.C., it
is provided that relation to appeal it is necessary to know that no appeal shall lie
from any judgment or order of a criminal court except as provided by this code or
any other law for time being in force, case Garikapati v/s Subhash coudhari-1957.
However the provisions regarding making an appeal are the following:-

1. Appeal from orders requiring security or refusal to accept or rejecting surety

for keeping peace or good behavior: – Any person who has been ordered to give
security for keeping the peace or for good behavior or who is aggrieved by any
order refusing to accept or rejecting a surety on the basis of sec.373.

2. Appeals from Convictions: – According to section 374 of code that any person
convicted on a trial by a H/C in its extraordinary original criminal jurisdiction may
appeal to Supreme Court similar any person convicted by session judge or on a trial
held by any other court which sentence or imprisonment is more than 7 years may
appeal to High court. Case Panchi v/s State of U.P.-1998, In C.Gopinathan v/s State
of Kerala-1991

3. Appeal by State against sentence: – Under sec.377, the state Government may
in any case of conviction on a trial held by any court other than a H/C direct the
Public Prosecutor to present an appeal against the sentence on the ground of its
inadequacy to Court of Session if the sentence is passed by the Magistrate or to the
H/C if the sentence is passed by any other Court. When an appeal is filed against
the sentence on the ground of its inadequacy court shall not enhance the sentence
except after giving to the accused a reasonable opportunity of sowing cause against
such enhancement. Case of Nadir Khan v/s State-1976.

4.Appeal in case of Acquittal :- In an appeal against acquittal under sec.378 the

H/C has full power to review at large the evidence on which the acquittal is based
and to reach the conclusion that the order of acquittal should be reversed as held
in case of Mohandas v/s State of MP-1973, but exercising his power the H/C should

36
give proper weight and consideration to the view of the trial judge as to the
credibility of witnesses, presumption of innocence in favour of the accused. And a
right of the accused to the benefit of any doubt. It was also held in State of U.P. v/s
Gambir Singh-2005 case of appeal against acquittal if on same evidence two views
are possible, the one in favour of accused must be preferred.

During the hearing of appeal from the order of acquittal it should be taken into
consideration that there is no miscarriage of justice, case Allahrakha K. Mansuri
v/s State of Gujrat-2002. The order of acquittal cannot be dismissed merely on the
ground that a second approach could have been applied in the case and it means
that the accused could have been convicted on considering another view a case of
Chandra Singh v/s State of Gujrat-2002.

5.Appeal against conviction by H/C in certain cases :-Where an H/C has on appeal
reversed an order of manifest on record of acquittal of an accused person and
convicted him and sentenced him to death or to imprisonment for life or to
imprisonment for a term of ten years or more, he may appeal to the Supreme
Court under sec. 379.

6.Special right of appeal in certain cases:- In Shingara Singh v/s State of Haryana-
2004, when more persons than one are convicted in one trial and an appealable
judgment or order has been passed in respect of any of such persons, under section
380.

7. Appeal to court of session how heard:- Appeal to the court of session shall be
heard by the sessions judges or by ASJ u/s 381.

8.Petition of appeal:-Every appeal shall be made in the form of a petition in writing

presented by the appellant or his pleader u/s 382.

QUESTION-12.DIFFERENCE BETWEEN APPEAL & REVISION.

APPEAL:

1.Any person convicted on a trail held by H/C may appeal to S/C.

37
2.Any person convicted on a trial by a Session judge or on a trial held by any other
court for more than 7 years may appeal to the High Court

3. Any person convicted on a trial held by metropolitan Magistrate or Magistrate

Ist. Class may appeal to Session Judge.

4. If the appellant is in jail he present his petition of appeal through Officer I/c jail.

5. Pending an appeal by accused person the appellate court shall suspend the
execution of order of sentence & if he is in confinement he be released on bail.

REVISION:

1.The correctness, legality or proprietary of any finding sentence or order of any

lower court.

2.The regularity of any proceedings of such court.

3.The powers of revision cannot be used through interlocutory orders.

4.During the hearing of Revision argue of the person applying for revision should
be considered seriously even though it they are too brief. Case Pal George v/s state

QUESTION-13. What is bail? State the provisions of Bail under Cr.P.C. Can a
person get order to be released on Bail without judicial or Police custody? Refer
case law.

INTRODUCTION:-It is travesty of justice that many poor accused i.e. ‘little Indians’
are forced into long cellular servitude for little offences because the bail procedure
is beyond their meagre means and trails don’t commence and even if they do, they
never conclude. Our bail system suffers from a property oriented approach which
means to proceed on the erroneous assumption that risk of monetary loss is the
only deterrent against fleeing from justice.

What is bail?-When any person who is accused of any offence other than non-
bailable offence, he shall be released on bail under sec.436 of the code provided
he has been arrested or detained without warrant by an Officer I/C of Police station

38
or he appears or is brought before a court and he must be prepared any time whine
in the custody or at any stage of the proceeding before a court.

However the following are the provisions of getting Bail under Cr.P.C. Offences can
be classified into two classes on the basis of bail:-

(i)Bailable offences: – Bailable offences are of general nature and in these offences
it is right of accused to be released on bail. Sec.436 of Cr.P.C. pertains to Bailable
offences.

(ii) Non-Bailable offences: – These offences are of severe nature and bail cannot
be claimed as right in them. In such cases bail depends upon the discretion of the
court. Sec. 437 relates to Non-bailable offences.

1.Grant of Bail in Non-bailable offences: – Sec. 437 provides that when any person
accused of or suspected of commission of any non bailable offence is arrested or
detained without warrant by an Officer I/C of a Police station or appears or is
brought before a court other than the High Court or court of Session he may be
released on bail. Thus section 437 empowered a Magistrate to take bail in non
bailable offences. The provision of this makes it clear that bail in non bailable
offences depends upon the discretion of the court.

(i) When bail shall be granted: – sec.437 (1) lays down two situation in which bail
shall not be granted by magistrate:1) reasonable grounds for believing that he has
been guilty of offence punishable with death or imprisonment for life. 2. When
offence is cognizable and he had been convicted with death, imprisonment for life
or imprisonment for 7 years or more or he has been convicted on two or more
occasion.

(ii) There are exceptions to receive bail:- this section also provided with few
exceptions where magistrate can receive bail in following cases:-

(a) Where the accused is under the age of 16 years.

(b) If she is a woman.

(c) Sick or infirm

39
Thus in the above cases the bail application can be accepted even though the
accused in guilty of offence punishable with death or imprisonment for life or has
been convicted earlier. Case Venkataramanappa v/s State of Karnatka-1992.

Conditions for Bail:- Under sec. 437(3) that where a person accused or suspected
of the commission of an offence punishable with imprisonment which may extend
to 7 years or more or for an offence, abetment of or conspiracy or attempt to
commit any such offence is released on bail, the court may impose any condition
which the court considers necessary, as in the case of Gurbaksh Singh v/s State of
Punjab-1980:-

·In order to ensure that such person shall attend in accordance with the conditions
of the bond executed under this chapter.

· That such person shall not commit an offence similar to an offence of which he is
accused or suspected.

· That otherwise in the interest of Justice.

Can a person get order to be released on Bail without judicial or Police custody:-

Where any person has reason to believe that he may be arrested on accusation of
having committed a non-bailable offence he may apply to the High Court or the
Court of Session for a direction under sec. 438 that in the event of such arrest he
shall be released on bail.

It was held in Dharam dass v/s State of W.B-2005; it was held that it is exercised in
case of an anticipated accusation of non-bailable offence. The object of this section
is that the moment a person is arrested if he has already obtained an order from
High court of Court of Session he shall be released immediately on bail without
being sent to jail.

It was also held in VamanNarainGhiya v/s State of Rajasthan-2009, direction u/s

438 that the applicant shall be released on bail whenever arrested for whichever
offence whatsoever such a blanket order should not be passed.

40
It was further observed that direction under sec.438 is to be issued at pre-arrest
stage, with some conditions:-

i) That the person shall make himself available for interrogation by a Police officer
as and when required. ii) The person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case.
iii) That the person shall not leave India without the previous permission of the
court. iv) If such person is thereafter arrested without warrant by Police on such
accusation and is prepared either at the time of arrest or at any time while in the
custody of police station to give bail, he shall be released on bail.

QUESTION-14:-Discuss the provisions relating to revision to criminal cases. Can

High Court exercising revision powers?

INTRODUCTION: – Revision is also a judicial remedy which has been mentioned in

sec.397 of the code. The main object of revision is to examine the purity, validity,
relevancy or regulation or any order, finding or sentence. This section gives powers
to High Court and the Session Judge to call for and examine the record of any
proceeding before any inferior Criminal Court within its or his local jurisdiction. The
followings are the provisions regarding when the revision shall be done:-

1. Calling for records to exercise powers of revision: – The High court or the
Session Judge may call for and examine the record of any proceeding before any
inferior criminal court of his jurisdiction for the purpose of satisfying as to the
correctness, legality or propriety of any finding, sentence or order recorded or
passed, u/s 397 of the code. Case Johar& Others v/s Mangal Prasad and another-
2008, it was held that trial court is not found to be passed without considering
relevant evidence or by considering irrelevant evidence.

In a case of BadriLal v/s State of M.P.-1989: The powers under this section are
undoubtedly wide and the Session Judge can take up the matter Suo moto, it must
be seen that the criminal law is not used as an instrument of private vengeance.

Kuldeep Singh v/s State of M.P.-1989: It was held that the order framing charge
could not be lightly interfered with in revision.

41
In vinod kumar v/s Mohawati-1990: That the court of Session has similar powers
as of High Court in revision and as the High Court is authorized to take additional
evidence in revision.

In Gram Sabha Lakhanpur v/s Ram Dev-1993:- It was held that the complainant
may or may not have a legal right of being heard but the rule of prudence and
natural justice requires that the aggrieved party must be afforded an opportunity
of hearing.

In a case of Mahavir singh v/s Emperor-1944: The regularity of any proceedings of

such inferior court where the finding sentence or order is illegal or improper and
where the proceedings are irregular.

Case of T.B.Hariparsad v/s State-1977, it was held that the powers of revision
cannot be used through interlocutory orders passed in any appeal inquiry, trial or
other proceedings under sec. 397(2).

In a case of Paul George v/s State-2002, it was held that during the hearing of
Revision argue the person applying for revision should be considered seriously even
though if they are too brief.

2. Order of Inquiry:- Sec. 398 of the code provides powers of issuing order of
inquiry to High Court or court of Session. Accordingly on examining any record
under sec.397 or otherwise the High Court or Session Judge may direct CJM by
himself or by any of Magistrate subordinate to him to make inquiry of any
complaint which has been dismissed under sec.203 or the case of any person
accused of an offence who has been discharged.

3.Powers of Revision of Court of Session: – Sec.399 provides powers of revision to

court of session in the case of any proceeding the record of which has been called
for by himself. The session judge may exercise all or any of the powers which may
he exercised by the High Court.

Where an application for revision is made by or on behalf of any person before the
session judge the decision of the session judge shall be final and no further
proceedings by way of revision a the instance of such person shall be entertained

42
by the High Court or any other court. These powers of revision have been provided
to the Addl. Session Judge under sec.400.

4. Powers of Revision of High Court: – Sec.401 of the code provides powers of

revision to High Court that in case of any proceeding the record of which has been
called by itself or which otherwise comes to its knowledge, the High Court may
exercise any of the powers conferred on a court of appeal by sec. 386, 389, 390 and
391 or on court of session by sec. 307. Thus during revision High Court shall be able
to exercise all powers which an appellate court can do. In case of Vimal Singh v/s
Khuman Singh-1998: Supreme Court restricted the area of revision generally the
order of acquittal is not interfered. Powers of revision can be exercised in following
situations:-i)Where severe illegality has occurred by trial court.

ii) Where the order of trial court has failed to provide justice.

iii) Where the trial court has tried a case which fall beyond its jurisdiction.

iv) Where the trial court has stopped taking evidence unlawfully.

Here it is pertinent to mention that any party has applied for revision believing that
no appeal lies there but an appeal lies there then the court shall consider such
application for appeal in the interest of justice u/s 401(2). The order of acquittal
cannot be reversed into an order of conviction in revision as held in case of Singher
Singh v/s State of Haryana-2004, u/s 401(3).

5. Power of High Court to withdraw or transfer revision cases:-whenever one or

more persons convicted at the same trial makes an application to High Court for
revision. The High Court shall direct that the applications for revision made to it be
transferred to the Session Judge who will deal with the same as if it were an
application made before him, under sec. 402 of this code.

6.Copy of the order to be send to lower court:- Sec. 405 of the code provides that
where any case is revised by High Court or court of session, it or he shall in the
manner provided by sec.388, certify its decision or order to the court of by which
the finding, sentence or order revised was recorded or passed and the court to
which decision or order is so certified shall thereupon make such orders as are

43
confirmable to the decision so certified and if necessary record shall be amended
in accordance there with.

QUESTION-16: Analyse the provisions of grant of Anticipatory bail. Can

anticipatory bail be allowed in Murder case? If so when?

INTRODUCTION: – Anticipatory bail has an important place in the series of Bail. Its
main object is to protect the innocent persons from arrest under sec. 438 of the
criminal procedure code-1973 lays down the provisions regarding grant of
anticipatory bail.

· What is Anticipatory Bail: – In-spite of the fact that the Cr.P.C., has not defined
Anticipatory Bail but it means that when a person has a reason to believe that he
may be arrested on accusation of having committed a non-bailable offence, he may
apply to High Court or to the court of Session that in the event of such arrest he
shall be released on bail at that time it is anticipatory bail. It is also called
Apprehension Bail on the basis of provisions laid down in sec. 438 of cr.P.C.

·Object of the Anticipatory Bail:- The object of Anticipatory bail is to protect a

person from arrest. A person against whom a warrant of arrest has been issued
shall first be arrested kept in custody for few days and then released on bail, it
means where there is no purpose for the arrest he shall not be arrested.

·When anticipatory Bail would be Accepted:- Section 438(1) says that, “when any
person has reason to believe that he may be arrested on an accusation of having
committed a non-bailable offence, he may apply to the High Court or court of
Session for a direction under this sec.438(1) and court if thinks it fit, can direct that
in event of such arrest he shall be released on bail.” Case of Gurbaksh Singh v/s
State of Punjab-1980, he was not granted anticipatory bail merely on fear of arrest.
In a similar case of Ashok kumar v/s State of Rajasthan-1980, that anticipatory bail
should not accepted until there is a definite fear of arrest and such fact has come
before the court.

It is pertinent to mention here that reason to believe does not mean mere fear, i.e.
mere ‘fear’ is not sufficient cause. Grounds on which belief is based must be
capable of being examined.
44
· Who shall accept the Anticipatory Bail:- Sec. 438 (1) that the following authorities
may accept the anticipator bail application:

i. High Court

ii. Court of Session

That any accused of an offence and in custody be released on bail on acceptance

of bail application in the above said courts u/s 439 of Cr.P.C.

·Conditions of Grant Anticipatory Bail:-Court can impose reasonable conditions for

grant of anticipatory bail. Those conditions have been mentioned in section 438(2).
When the High Court or Court of Session make a direction with some conditions in
the light of the facts of the particular case as it may think fit for bail:-

a. That the person shall not leave India without previous permission of the court.

b. That person directly or indirectly make an inducement threat or promise to any

person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the court or to any police Officer.

c.That the person shall make himself available for interrogation by a police officer
as and when required.

d.That any such other condition as may be imposed under sec.437 if the bail is
granted under this section.

ANTICIPATORY BAIL IN MURDER CASE: – There is no set principle fixed for grant of
anticipatory bail. It is basically depends upon the facts and circumstances of every
case and the nature of the case. Generally the anticipatory bail is not to be granted
in the matters like murder, unnatural death, dourly death.

A case if Samunder Singh v/s State of Rajasthan -1987, the court held that the
anticipatory bail cannot be accepted in dowry death cases especially where father-
in-law and mother-in-law caused unnatural death of the daughter-in-law.

45
Similarly refusing to grant of anticipatory bail in the matters of atrocities to
schedule tribe and schedule caste was held to be constitutional in a case of State
v/s Ram kishore Batolia-1995.

Anticipatory bail has also been refused in the matters of FERA, a case of
DukhishyamVenupanni v/s Arun Kumar Bajoria-1998.

Even the facts mentioned above the anticipatory bail can be granted in Murder
cases on the basis of following circumstances: -

i)When there is no apprehension about the absconding of the accused.

ii) When there is no apprehension of inducing or enticing witnesses by the accused.

iii) When there is no apprehension of the accused for moving abroad.

iv)Where the offence is not the severe or deadly nature.

QUESTION -17-explain the following:-

(a)ARREST OF A PERSON:

Introduction: – Generally, a person is arrested by the order of the magistrate or by

a warrant. A police officer cannot arrest a person arbitrarily or without the order of
magistrate or without warrant. But this rule has few exceptions to it which means
that under certain circumstances a person can be arrested without the order of the
magistrate or without warrant.

Arrest without warrant:- Sec. 41 of the Criminal Procedure Code 1973 provides
that a police officer can arrest a person without the orders or warrant of the
magistrate in following situations:

1-When any person has been concerned in any cognizable offence or against whom
a reasonable complaint has been made or credible information has been received
or a reasonable suspicion exists. Of his having been so concerned.

2- When any person has in his possession without lawful excuse any implement of
house-breaking.

46
3-When any person in whose possession anything is found which may reasonably
be suspected to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such things.

4- When any person obstructs a police officer while in the execution of his duty, or
who has escaped, or attempts to escape from lawful custody.

5-When any person is reasonably suspected of being a deserter from any of the
armed forces of the union.

6-When any person being a released convict, commits a breach of any rule made
under sub-section (5) of section 356;

7-When for any persons arrest any requisition, whether written or oral, has been
received from another police officer, provided that the requisition specifics the
person to be arrested.

Thus, in this way a police officer under sec 41(1) can arrest any person without the
order or warrant of a magistrate.

(b)APPEALS & ITS LIMITATION PERIOD:-

INTRODUCTION:-Appeal is an important remedy for person’s dissatisfied from

judgment finding and orders of the trial court. Under section 372 of the Cr.P.C., it
is provided that relation to appeal it is necessary to know that no appeal shall lie
from any judgment or order of a criminal court except as provided by this code or
any other law for time being in force, case Garikapati v/s Subhash coudhari-1957.
However the provisions regarding making an appeal are the following:-

1.Appeal from orders requiring security or refusal to accept or rejecting surety for
keeping peace or good behavior: – Any person who has been ordered to give
security for keeping the peace or for good behavior or who is aggrieved by any
order refusing to accept or rejecting a surety on the basis of sec.373.

2. Appeals from Convictions: – According to section 374 of code that any person
convicted on a trial by a H/C in its extraordinary original criminal jurisdiction may
appeal to Supreme Court similar any person convicted by session judge or on a trial

47
held by any other court which sentence or imprisonment is more than 7 years may
appeal to High court. Case Panchi v/s State of U.P.-1998, In C.Gopinathan v/s State
of Kerala-1991

3.Appeal by State against sentence: – Under sec.377, the state Government may
in any case of conviction on a trial held by any court other than a H/C direct the
Public Prosecutor to present an appeal against the sentence on the ground of its
inadequacy to Court of Session if the sentence is passed by the Magistrate or to the
H/C if the sentence is passed by any other Court. When an appeal is filed against
the sentence on the ground of its inadequacy court shall not enhance the sentence
except after giving to the accused a reasonable opportunity of sowing cause against
such enhancement. Case of Nadir Khan v/s State-1976.

4. Appeal in case of Acquittal :- In an appeal against acquittal under sec.378 the

H/C has full power to review at large the evidence on which the acquittal is based
and to reach the conclusion that the order of acquittal should be reversed as held
in case of Mohandas v/s State of MP-1973, but exercising his power the H/C should
give proper weight and consideration to the view of the trial judge as to the
credibility of witnesses, presumption of innocence in favour of the accused. And a
right of the accused to the benefit of any doubt. It was also held in State of U.P. v/s
Gambir Singh-2005 case of appeal against acquittal if on same evidence two views
are possible, the one in favour of accused must be preferred.

During the hearing of appeal from the order of acquittal it should be taken into
consideration that there is no miscarriage of justice, case Allahrakha K. Mansuri
v/s State of Gujrat-2002. The order of acquittal cannot be dismissed merely on the
ground that a second approach could have been applied in the case and it means
that the accused could have been convicted on considering another view a case of
Chandra Singh v/s State of Gujrat-2002.

(c) COMPLAINT CASE:

DEFINITION: – Sec. 200 says, that the preliminary procedure which a Magistrate
shall follow on receiving a complaint. It is obligatory to examine the complainant
and the witnesses and a summary dismissal without them is not legal. The

48
substance of such examination shall be reduced to writing and shall be signed by
the complainant and the witnesses and also by the Magistrate. If a public servant
acting or purporting to act in the discharge of his official duties or a court has made
the complaint or the magistrate makes over the case for inquiry or trial to another
Magistrate under sec.192.

1.Procedure by Magistrate not competent to take cognizance of the case: If a

complaint made to a Magistrate who is not competent to take cognizance of the
offence he shall return it for presentation to the proper court with an endorsement
to that effect or where the complaint is not in writing then he will direct the
complainant to the proper court as provided in sec.201 of Cr.P.C.Case of Rajinder
Singh v/s State of Bihar, 1989.

2.To Postponement of issue of Process:- Sec.202 of the code provided that where
it appears to the magistrate that the offence complained is triable exclusively by
the court of Sessions or where the complaint has not been made by a court unless
the complainant and the witnesses present have been examined on oath under
sec.200. If an investigation is made by a person not being a Police officer he shall
have for that investigation all the powers conferred by this code on an officer in
charge of a police station except the power o arrest without warrant. Sec. has
provided to ascertain the following:

i) to ascertain the facts constituting the offence.

ii) To prevent abuse of process resulting in wastage of time of the court and
harassment to the accused.

iii) To help the magistrate to judge if there is sufficient ground for calling the
investigation and for proceeding with the case. Case: Bal raj Khanna v/s Motiram-
1971.

3.Dismissal of Complaint: – A Magistrate may dismiss a complaint if after

considering the statement on oath of the complainant and of the witnesses and the
result of inquiry or investigation under sec.202. But where there is sufficient ground
for preceding the Magistrate cannot dismiss the complaint under sec.203 of the
code. If he finds that no offence has been committed, if he distrusts the statement
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or if he distrusts the complainant may direct for further inquiry. In such cases he
may refuse to issue process. Case Sulab Chandra v/s Abdula-1926. These are the
provisions under sec.203 of Cr.P.C.

(d) POWERS OF CRIMINAL COURTS:

INTRODUCTION: – Chapter III of the criminal procedure code deals with the Powers
of Courts to take cognizance of the offences. For this purpose the offences are
divided into two groups, i) Offences under IPC, and ii) offences under any other law.
The courts by which these two offences are triable are specified below:-

Courts by which these two offences are triable: – As per provisions laid down in
section 26 of the cod, the courts by which offences are triable:-

(a) Any offence under IPC-45 may be tried by High Court. B) Session Court. c) Any
other court by which such offence is shown in the first schedule to be triable.

Any offence under any other law, when any Court is mentioned in this behalf in
such law, is tried by: i) High Court. ii) Any other court by which such offence is
shown in the first schedule.

Section 27: Jurisdiction in the case of Juveniles: Any offence not punishable with
death or imprisonment for life who at the date when he appears or is brought
before court under the age of 16 years may be tried by the court of CJM or any
other court which specially empowered.

Sentences which High Courts and Session Judges may pass: – As per provision laid
down in Sec. 28 of the code that:- (i) High Court may pass any sentence authorized
by law. (ii) Session Judge or ADJ may pass any sentence authorized by law but any
sentence of death passed by such judges shall be subject to confirmation by the
High Court.

Sentences which Magistrates may pass:- Sec.29 of Code, The court of CJM may
pass any sentence authorized by law except sentence of death or of imprisonment
for life or imprisonment for a term exceeding 7 years.

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The court of Magistrate of First Class may pass a sentence of imprisonment for a
term not exceeding three years or of fine not exceeding Rs.10, 000.

The court of 2nd Class Magistrate may pass an imprisonment for a term not
exceeding One year or of fine not exceeding Rs.5000/- or of both.

Sentence of Imprisonment in default of fine:-The court of Magistrate may award

such term of imprisonment in default of payment of fine as authorized by law under
sec.30 of the code, not exceeding one fourth of the term of imprisonment and also
not excess of the powers.

(e) SUMMARY TRIALS:

On the basis of provisions under section 260 of the code, power to try summarily:
– notwithstanding anything contained in this code, Any CJM, Any metropolitan
Magistrate or any Magistrate of the first class specially empowered in this behalf
by the High Court, may if thinks fit try a summary way in all or any of the following
offences. Summary trial can also be done by the magistrate of second class u/s 261
of the code; the High Court may confer on any magistrate invested with the powers
of a Magistrate of the second class. If any from the above Magistrate’s thinks fit,
may try in a summary way for all or any of the following offences:-

1. Offences not punishable with death imprisonment for life imprisonment for a
term exceeding two years.

2. Theft under sec. 379, 380 and 381 of IPC where the value of the property stolen
does not exceed two thousand rupees.

3.Receiving of retaining of stolen property under sec.411, IPC, where the value of
the property does not exceed two thousand rupees.

4.Assisting in the concealment or disposal of stolen property under sec. 414 of IPC,
where the value of such property does not exceed two thousand rupees. 5.
Offences under section 454 and 455 of IPC.

6. Insult with intent to provoke a breach of the peace under sec. 504 and with
imprisonment for term which may extend to two years or with fine or with both,

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under sect. 506 of IPC. 7. Abetment of any of the foregoing offences. 8. An attempt
to commit any of the foregoing offences when such attempt is an offence.

The mode of trial is sought to be altered under this sub-section the trial must from
its inception to be conducted in the regular manner, case of State v/s D.N.Patel-
1971. The Magistrate under this section as a discretion o try the offences specified
in this section in a summarily way.

Procedure of summary trials: – Under sec. 262 of the code is related to the
procedure for summary trial, shall be the same as in summons case except in so far
as it is modified by the provisions. In the case of summary trial the limit of term of
sentence of imprisonment is three months. However if the court is considers it
necessary that a longer sentence is necessary in the interest of justice in any case
the trial should be held as in a warrant case or as a summon case according to the
nature of the offence.

(f)PLEA BARGAINING:- Under section 265A of the code, described that the
application of the provisions of this section in respect of accused against whom the
report has been forwarded by the officer in charge of Police station under sec.173,
the offence appears to have been committed by him and the Magistrate has taken
cognizance of an offence on complaint other than an offence for which the
punishment of death or life imprisonment or imprisonment for a term exceeding
seven years and examining complainant and witnesses issued the process as per
law.

Application for plea bargaining: Sec.265B of the code lays that a person accused
of an offence may file application for plea bargaining in the court in which the
offence is pending for trial. The application accompanied by an affidavit sworn by
the accused stating therein that he has voluntarily preferred after understanding
the nature and extent of punishment provided under the law for the offence the
plea bargaining in his case and that he has not previously been convicted by a court
in a case which he had been charged with the same offence.

FINALITY OF THE JUDGEMENT: - The judgment delivered by the court under section
265G shall be final and no appeal except the special leave petition under article 136

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and writ petition under article 226 and 227 of the Indian constitution shall lie in any
court against such judgment.

POWER OF THE COURT IN PLE BARGAINING: - A court shall have for the purposes
of discharging its functions under the provisions in section 265H, all he powers
vested in respect of bail, trial of offences and other matters relating to the disposal
of a case in such court on the basis of above provisions.

Juvenile Justice System in India :-

Introduction – Emergence of Juvenile Justice Act in India In the past few decades,
there has been an unprecedented increase in the crimes by children who are below
the age of 16 years. And the reasons advocated for the development of such
behaviour among children are- The upbringing environment of the child, economic
conditions, lack of education and parental care. An even more astonishing part of
this aspect is that the children are being used as tools for the commission of a
crime, and this age group includes especially children aged between 6-12 years, as
at this point of time, the minds of innocent children can be manipulated in an easier
way.

Under the law – Child is someone who has not attained the age of 18 years and is
also not capable of understanding wrong and right or arriving at a reasonable
conclusion. In the modern age of law, most of the countries dealing with juvenile
acts have adopted the principle of “Doli Incapax” which by the very definition
means that the person incapable of understanding the commission of a crime.

Emergence in India

The development of the Juvenile Justice Act in India can be dated back to the British
Era. This is because it was during the British period when certain laws were enacted
to address the issue of Juvenile delinquency. An example of this can be that of the
introduction of the Whipping Act of 1864. This law was passed to punish the
juveniles by the way of whipping them for the wrong committed by them and
further creating a deterrence in the minds of juveniles in order to bring an end to

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such acts. The Indian Penal Code, 1860 and the Criminal Procedure Code, 1861,
further took this forth by treating the child differently throughout their numerous
provisions. The juvenile justice system is considered to be a direct consequence of
reforms and developments in western countries.

Existing Juvenile Justice System in India

Juvenile Justice Act was enacted by India in the year 1986. Following this, the
general assembly of the United Nations adopted the convention which dealt with
the rights of a child, and it was in 1992 when India ratified the UNCRC. The main
concern of the convention was to uphold and cherish the right of the child to
reintegrate with the society without any judicial proceedings initiated or running
against him and in order to attain this the government felt, there was a need to
rewrite the existing law. And therefore in the year 2000, the old law was replaced
by the new – Juvenile Justice(Care and Protection of Children) Act. And there
existed wide differences between the old and the new law. And the changes were
made in order to secure the interest of the Juveniles. One of the important changes
to be taken into consideration was regarding the role of NGOs.

Section 8, 9, 34, 37 and 45 of the Juvenile Justice Act dealt with the role of NGOs
and other organisations – Voluntary organisations may be certified to maintain
homes under this act.

Section 45 of Juvenile justice act – The state government is empowered to make

rules in order to ensure effective linkages between various governmental, non-
governmental, corporate and other community agencies for the sake of
rehabilitation and social integration of the child.

Role of NGOs and Social Workers – The basic notion which the NGOs are required
to carry forth is offer care and compassion to a child and in addition to this also
ensured that his rights are acknowledged and protected. Since the year 1980 the
juvenile justice board has seen a shift from welfare to Justice approach, and
irrespective of this shift the social workers have continued to pour in all the efforts
and have been active participants in health, education and other welfare activities
relating to children for a period of past seven years.

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And, hence the Juvenile Justice Board which is usually headed by Metropolitan
Magistrate or Judicial Magistrate of the first class has an additional requirement to
appoint two social workers on board and these social workers should be the
selection committee and further, their appointment is made by the state
government. The amendment of 2000 is moreover elevated the position of social
workers to being a part of the bench which constitutes the Juvenile Justice Board.

Juvenile Justice and Constitution of India

The Constitution of India is the Superior law of the land and the constitution lays
down the rights and duties of its citizens which are to be followed. The working of
government machinery is also provided by the constitution. And in addition to all
this, Part IV of the Indian Constitution provides for Directive Principles of State
Policy DPSP- and this is provided mainly to ensure the smooth functioning of the
society. And regarding the rights and welfare of the children following has been
provided by the constitution

Right to Free and compulsory education to all the children aged between 6 to 14
years of age – Article 21A

Right to be protected from any hazardous employment under the age of 14 years
– Article 24 of the Indian Constitution.

Right to be provided with proper Standard of living and Good Nutrition – Article 47
of the Indian Constitution.

Right to be protected from Human Trafficking and Forced Labour – Article 39 of the
Indian Constitution.

The lawmakers while drafting the Juvenile Act of 2015 have hence taken into
consideration all the provisions which have been laid down by the constitution for
the welfare and protection of the rights of children. And for the same reason
chapter IV of the Juvenile Justice Act lays down numerous provisions which have
focussed their attention on the betterment and welfare of children and also the
reformation and rehabilitation of juveniles in every possible circumstance.

Indian Penal Code and Criminal Procedure Code

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The Indian Penal Code came into being on 1st May 1861 and it was considered to
be the first establishment of codified law in colonial India, and the IPC dealt with
both adult and juvenile offences. Section 82 of IPC lays down – “Nothing is an
offence which is done by a child under seven years of age”. And section 83 of IPC
enshrines – ‘Nothing is an offence which is done by a child who is above 7 years of
age and under 12 who has not attained the sufficient maturity of understanding in
order to judge the nature and consequence of his act on that particular occasion’.

Further, there are Section 315 and 316 under IPC which discuss the offence of
foeticide and infanticide. If a person does an act which amounts to culpable
homicide which results in the quick death of an unborn child then the person will
be charged with the act of Culpable Homicide.

There are numerous sections in IPC which discuss the matter of Kidnapping and
Abduction. Section 361 states that if a male minor who hasn’t yet attained the age
of 16 and a female minor who hasn’t attained the age of 18 if removed from their
lawful guardians without their consent then the act is termed as the offence of
kidnap.

Section 27 of the Criminal Procedure Code deals with the clause of – Jurisdiction in
case of Juveniles, it lays down that – Any offence which is not punishable with death
or imprisonment for life, which is committed by a person below the age of 16 years,
may be tried by a court which is specially empowered under the children act to
decide on such, matters. Or it can be dealt with by any other law for time being in
force which is providing for treatment, training and rehabilitation of young
offenders.

Section 437 of the Criminal Procedure Code lays down that a child in conflict with
law can apply for an Anticipatory Bail. Justice Narayana Pisharadi of Kerala High
Court held that the child in the conflict of law has all the rights to apply for
anticipatory bail and there is no bar on this by any provisions of Juvenile Justice Act.
The anticipatory Bail of a child in conflict with law is maintainable in the High Court
or the Court of Sessions.

Juvenile Justice – Is it a Criminal Justice or Social Justice?

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This aspect of Juvenile Justice laws draws the attention of critics because in most
of the countries of the world the concept of juvenile justice is considered to be that
of Criminal Justice, but at the same time the ministry or the department which is
responsible for making laws and implementing them is the one from the
Department of Social Justice. Further, the results arising out of it because of this
mismatch are the following

There arises a tension between the Protective and Rehabilitative approach of

Juvenile Justice and the traditional approach of dealing with the crime.

There will be ample scope for discrimination among the juveniles which will be
based on the nature of the offence at every stage.

There even arises a confusion in the law and its administration.

Changes brought in JJ Act in the wake of recent developments

The frightful Nirbhaya Case of December 16, 2012, brought the whole nation under
shock and there was a dire need to make changes in the then existing juvenile laws
as one of the convicts of Nirbhaya case was six months away from the completion
of 18 years during the time of commission of the crime and he was considered to
be the one accused with being most heinous with regard to the crime.

It was on December 22, 2015, that the Rajya Sabha finally passed the juvenile
justice bill.

The new law permits juveniles between the age of 16-18 years to be tried as adults
if they are accused of committing an offence of heinous nature.

That group of 16-18 years will be further examined by the juvenile justice board
and this is done in order to know if the crime was committed by that person as an
adult or a child.

The juvenile justice board is required to consist of a team of psychologists and social
experts and this is made in order to ensure that the rights of a juvenile are
protected if the crime was committed by him as a child.
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Every district in the country must have a Juvenile Justice and additionally a child
welfare committees, which come into play as a consequence of the passage of the
bill.

Juvenile Justice Systems in other countries

It was on 20th November 1989 that the General Assembly of the United Nations
adopted the conventions of rights of a child, and this convention even prescribes a
set of standard to be adhered by all the member states and should strive to serve
the best interest of a child. It can also be said that international conventions and
instruments have contributed in an immense way to the prevention of child abuse.
This, in turn, helps on a larger scale for the well-being and development of the child.
In addition to this, even international bodies have paid much attention and laid
their emphasis on the aspect of the overall development of the child.

Juvenile justice system in the US

The juvenile justice system is considered to be more flexible and easily enactable
in the US when compared to other countries. There are two important stages in the
juvenile justice system in India which are to be taken note of- In the first stage the
police officer has complete rights to keep the child in his own custody or can even
immediately release him or even admonish the offender in order to stop him for
commission of further crimes of similar nature.

After the completion of the trial in the court, the juvenile offenders are sent either
to children homes or any certified schools and this will be based on the order
passed by the court.

Under the juvenile justice system in the US, a juvenile will be tried as an adult only
in cases where the age of the juvenile is close to adulthood or when the juvenile is
found out to be a habitual offender.

Juvenile justice systems in the UK

Juvenile courts came into existence in the year of 1908 in England and their primary
aim was to provide the required care and protection to the children. In addition to
this, they also focus their attention on removing all the unnecessary aspects from
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the environment around a child, as this can provide a great opportunity for the
reformation of the offenders.

There were two important acts which were brought into being by the English courts
which will we be discussed in the following article.

The Children and Young Offenders Act, 1993 under this act the juvenile courts of
England are conferred with special civil powers to take into account the matter in
dispute. In addition to this, it also provides that the cases where the wrongs have
been committed by young and child offenders should be tried in the juvenile courts
itself and not in any other courts.

The Criminal Justice Act 1948, this act is considered to be a new development in
the Legislation of England and this act deals with the rights of juvenile offenders.
The prime motto of the act was to provide security to a class of offenders and
ensure their rehabilitation by sending them to remand homes.

Causes of Juvenile Delinquency in India

There are numerous causes and reasons put forth for juvenile delinquency in India,
and it is often difficult to recognise and correct such a behaviour amongst children,
and this happens because every individual has a different behavioural matter and
especially among children it tends to change over time and hence, it becomes
difficult to identify such a behavioural pattern. Following are the causes listed for
Juvenile delinquency in India.

Economic Instability and poverty– Abject poverty and economic instability among
families in India are considered to be the major contributing factors to the
increased juvenile delinquency. Non-availability of basic resources among
numerous people gives rise to delinquency and this further results in habitual
tendency to continue in the same line.

Sexual Indulgence– Children who were subject to unwanted sexual activities or any
kind of sexual assault in the early years of their childhood end up exhibiting a
repulsive behaviour. Too much sexual variance among boys may further lead to the
commission of crimes by them like that of kidnapping and rapes.

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The disintegration of Family– Lack of parent control and care towards their
children and disintegration of families add to be the main causes for delinquency.
Divorce of the parents and the absence of a caring and affectionate environment
in the homes also act as promoters of juvenile delinquency in India.

The advent of modern lifestyles– The rapidly growing and evolving times make it
difficult for a majority of kids and adolescents to cope with and this may further
lead to delinquency among the children.

Migration– Migration acts as one of the major causes of the commission of an

offence by the juveniles. For example- migration of boys to deserted and slum areas
brings the in contact of anti-social elements and they are very much prone to get
affected by them in many possible ways.

How to curb the wrongs committed by juveniles?

Juvenile delinquency in India is defined as the habitual commission of criminal acts

or offences by young persons, who are usually below the legal age of maturity. In
order to curb the wrongs committed by the juveniles, there are various
developments brought into being by the juvenile justice act, and they are discussed
as under

Juvenile Justice Board

Whenever an inquiry satisfies the juvenile justice board that the offence committed
by the child was a petty offence then they are required to take the following
measures

Allow the child to return home after admonishing him or after properly advising
him or her.

Order to the child to perform community service, as this helps in instilling good
values among the children and such a measure is to be undertaken when the
offence is of quite a graver nature.

Get the child to participate in group counselling and similar types of activities as
this greatly helps in the rehabilitation of the child.

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The child is required to be released on probation if he was seen to exhibit good
conduct.

When the offence is not of a petty nature and quite grave, then the child should be
sent to a special home for a period not exceeding 3 years.

The child or even his parents can be advised to pay fine, and this further acts as a
deterrence.

Proper observational homes and facilities for juveniles

The constitutional guarantees to the juveniles are the same as those promised to
the adults and one of the important guarantees among them being a fair trial.
However, it is an accepted notion that the adults usually secure the bail faster when
compared to that of juveniles. Merely because the juveniles are not punished does
not mean their constitutional rights are taken away from them. It is rather a duty
cast on the government to ensure the rehabilitation of such offenders happens. In
order to ensure this, governments are required to provide proper observational
homes. The observational homes come to act as transit points and hence it is
important for them to offer vocational training and education to the juveniles and
further make sure there is a good atmosphere maintained in the homes in order to
benefit the transformation of the juveniles.

Rehabilitation of Juveniles in India

Taking into consideration the prevailing scenario it can be said that there many
loopholes when it comes to rehabilitation of juveniles in India. The Juvenile Justice
(Care and Protection of Children) Act 2000, is indeed a very good law but at the
same time, it lacks the demanded infrastructure. Further, dragging one’s attention
to the statistics released every year in India it can again be said that, the juvenile
boards in are less than the expected numbers in various districts of India and are
also not up to the mark in terms of their efficiency.

The prime essence of juvenile justice boards in India is to have a group of medical
officers, social activists who have been adequately trained, counsellors and
psychiatrists. The presence of these people would help the board in arriving at the

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right decision in terms of future actions to be taken with regard to the juveniles
committing crimes in India. But the sad reality again is that there is a dearth of
these experts and this, in turn, is resulting in not attaining the excepted results by
the board. Now, it is the work of each state government to implement all the
requirements and ensure there is proper working of the broad in each and every
district and it is also leading to the attainment of the desired results.

The aspect of media is also to be taken into account. The attention of media being
dragged to the child as either a victim or an offender is very damaging to the child
as the children are of tender age and are not generally expected to have the
required maturity. Hence, in order to be in line with this, the juvenile justice act
had issued the guidelines that, the child’s identity should not be disclosed
anywhere in the media and the photographs of the child are not be published
anywhere. If there is an inquiry held against a child under the JJ act, then there
should be no report in the newspaper or magazine or any news sheet which is
allegedly disclosing the name, school or identity of the child. The act further allows
such a report to be made only if it is in the interest of the child.

Conclusion

The measures to be taken for the benefits of juveniles can be brought into reality
only if there exists a proper linkage between the state and various district
governments. Additionally, there is also a requirement for the child rights activities
and groups to take up the initiatives of the transformation of juvenile offenders
and this would further boost the process and help in bringing the desired change
on a larger perspective. The increasing crime rated among the juveniles in the
recent times and absence of deterrence among them creates an alarming situation
which is to be given full attention to the earliest.

The measures mentioned in the article regarding the curbing of offences by

juveniles require special attention and implementation of the same. With the
current rate of crimes by juveniles, it is expected to be on a rise in the forthcoming
years and therefore needs to be stopped in its initial stages itself.

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 HOD

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