Question bank for Criminal Procedure Code , 1973

Unit 1:
1. Discuss about object of criminal procedure code.
Ans. The basic purpose of the Criminal Procedure Code, among other things, is to
ensure a fair trial where none of the rights of the accused are compromised nor are
they unjustifiably favoured. Furthermore, to ensure that the judge concerned hears all
parties who are relevant to the trial, their presence at the trial is obviously important.
That is why an entire chapter of the Code concerns itself with the process of ensuring
the attendance of any person concerned with the case, including an accused or a
witness, through various measures, viz. summons, warrant, proclamation and
attachment of property. The latter two are used when the former do not yield
satisfactory results. Many would argue that the simplest way to ensure the presence of
a person, especially an accused, would be to arrest him in all circumstances and detain
him so that his presence is beyond doubt. However, such an action would go against
the fundamental right that this Constitution provides with, the right to personal liberty
under Article 21. Criminal law hinges on that right and no person can be deprived of
this right unless very cogent reasons are present which argue against his release. This
is why the Code envisages both warrant and summons to procure the attendance of
persons concerned. In this project, I will look into the four variants used to procure
the attendance of persons for trial. Of course, since the provisions are mostly
procedural in nature, few substantive issues arise but interpretation of these provisions
nevertheless gives rise to various issues. Moreover, the way they are used by the
various functionaries involved viz. the judiciary and the police, also has given rise to
substantive literature on this. Furthermore, I will give special attention to procurement
of attendance of witnesses and how the provisions have been used by the
functionaries in ensuring that witnesses attend the trial.

2. Discuss about the nature of Criminal Procedure code.

3. Define :
Bail
Ans. The term bail is not defined under CRPC. Bail is a kind of security which is given by
the accused to the court that he will attend the proceedings against the accusations made upon
him and include personal bond and bail bond.

Bail is a mechanism used to ensure that the accused is present before the court.

The two authorities that can grant bail are police and courts.
The basic and fundamental object of bail is to ensure the attendance of accused at the trial
before court.

The sections from 436 to section 439 deal with the provisions of bail.

Cognizable offence

Ans. A cognizable offence is an offence in which the police officer as per the first schedule or
under any other law for the time being in force, can arrest the convict without a warrant and
can start an investigation without the permission of the court. Cognizable offences are
generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death
etc. The first information report (FIR) is registered only in cognizable crimes.

Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an
FIR in case of a cognizable crime. He can also conduct some kind of preliminary inquiry
before registering the FIR. In these offences, a convict is arrested and produced before the
magistrate in the stipulated time. Owing to the serious nature of the crime, court?s approval is
implicit in cognizable offences.

Charge
Ans. Every charge under the code of criminal procedure, 1973 shall state the offence with
which the accused is charged. The motive behind a charge is precisely and succinctly to let
know the accused individual, the issue for which he is being charged. It is necessary to pass
on to the accused absolutely clearly and with certainty what the prosecution has accused him
of or what the prosecution has against him. The underlying principle of criminal law is based
on the fact that it is the right of the accused to be informed about the exact nature of the
charge levelled against him.

Hence we see that knowing the charge which is levied against the accused is important for
him to be known so that he can prepare his defence and so that justice is done by him. It is in
the very beginning only that the accused is informed of his accusation in the beginning itself.
It is to be kept in mind that in case of serious offences the statute requires the accusations to
be formulated and reduced to writing with great precision & clarity. It is also necessary that
the charge be then read and explained to the accused person.

Under section 2(b) CrPc, 1973, ‘charge’ includes any head of charge when the charge
contains more heads than one. Hence it can be interpreted that when a charge contains more
than one heads, the head of charges is likewise a charge.
 Inquiry
Ans.
Investigation
Ans. “Investigation”, according to the Code, includes all proceedings under it for the
collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf. [Section 2 (h)].

Investigation consists of steps taken by a police officer other than a Magistrate to ascertain
whether any offence has been committed at all and, if so, by whom and what is the evidence
on which the prosecution can be based. Investigation can also be made by a person specially
authorized by a Magistrate to do so. The case is only started if investigation by the police
reveals that an offence has been committed by the accused, otherwise not.

Offence
Ans.
Victim
Ans. In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as
the principal Act), after clause (w), the following clause shall be inserted, namely:
—‘(wa) “victim” means a person who has suffered any loss or injury caused by
reason of the act or omission for which the accused person has been charged and the
expression “victim” includes his or her guardian or legal heir;’

Discharge
Ans. The word "discharge" has not been defined in the Code of Criminal Procedure but
nevertheless the word "discharge" connotes different meanings in different contexts. When an
accused is discharged pursuant to a final report that means that the accused has been
discharged from custody under section 500 of the Code and not discharged from the case.
The legal position is that a second prosecution is permissible if the order of discharge was not
passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no
objection to the proceedings at all and in a proper case an application for revival also may
amount to a fresh complaint. (NurulHoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC
(HCD) [8057])
The accused can be discharged under that provision as well as under the provisions of
sections 241A and 265C, of the Code. There is real distinction between the discharge of an
accused on acceptance of the final report submitted by the police and discharge of an accused
by the Magistrate when it finds that the charge against him is groundless or by the Court of
Sessions that there is no sufficient ground for proceeding against the accused under section
241A or 265C of the Code as the case might be. Cognizance is taken by the Magistrate on the
basis of a complaint, Police report or information from any person other then a Police Officer
or upon his own knowledge or suspicion that such offence has been committed. Discharge of
an accused under section (2B) of section 202 of the Code is made before taking of cognizance
into the case as the Police finds nothing after investigation against the accused. But discharge
of the accused under section 241A is made by the Magistrate and under section 265C by the
Court of Sessions after cognizance is taken. Section 241A and 265C provide for giving
hearing to the parties and examination of the accused and consideration of the record and the
documents submitted therewith. Thus discharge under the provisions of these two sections is
of different character than the discharge of the accused under sub-section (2B) of section 202
where discharge is made before taking of the cognizance. There is no scope for making
further enquiry after discharge if the accused under section 241A or 265C of the Code as the
same is made after taking cognizance. Moreover, at the time of hearing under section 241A
or under section 265C the Court considers the record of the case, the documents submitted
therewith and the submissions made by both parties. So, all necessary materials are before the
Court and as the order is passed on consideration of all such materials, there is no scope for
passing any order for holding further inquiry.

FIR
Ans. An FIR (First Information Report) is the earliest form and the first information of a
cognizable offence recorded by an officer-in-charge of a police station. The underlying
reason for documenting an FIR is to a set criminal law into motion and not to express all the
small details therein.

Though this term is not used in the Criminal Procedure Code however, ‘An information given
under sub-section (1) of section 154 CrPC is commonly known as first information report
(FIR)’

The information given to the Police Officer for registration of a case must be authentic and
bona fide. It should be traceable to an individual who should be responsible for imparting
information and not be gossip. It may or may not be hearsay but the person who reports of the
said hearsay should take responsibility for it and mention the source of information.   FIR
should not be result of an irresponsible rumour.

If the information given by the woman against whom an offence u/s 326A,326 B ,354 ,
354A-D,376,376A-E and 509 of Indian Penal Code is alleged then such information shall be
recorded by a women police officer.

Summons
Ans. “Summon” is a document that commands a person to whom it is served to
appear before the court and to answer the complaint made against him. Summon is
issued by the Magistrate to the accused under section 204(1) (a) of Cr.P.C, 1973.
“Summon case” means a case relating to an offence, not being a warrant case[1].
Summon cases can be referred from the definition of the warrant case i.e., offences
 punishable with death, imprisonment for life and imprisonment for the terms
exceeding two years called as warrant cases[2]. So summon cases are those in which
punishment will not exceed imprisonment for two years. It can be said that summon
cases are not of serious nature, so it needs to be decided speedily, without dispensing
the requisites of the fair trial. The procedure to deal with such matter provided in
section 251 to 259 of Cr.P.C, 1973 which is not as serious/formal as other trials
(Session trial, warrant case instituted on the police report and warrant cases instituted
otherwise than on police report).

4. What is the difference between

Summons case and warrant case

Ans. 1. The Code of Criminal Procedure prescribes two procedures for the trial of a warrant
case by Magistrates, namely, one adopted by the Magistrate in case instituted on a Police
Report while the other in case instituted otherwise than on a Police Report. But in trial of
summon case, only one procedure followed, whether instituted on a Police Report or a
complaint.
2. The procedure for summons cases is simpler and speedier. While the procedure for warrant
cases are complicated and slower. Warrant cases deal with offences graver than those
in summons cases. Such cases cannot tried in the same simple and speedy way
as summons cases.
3.  In a warrant case, the accused gets more than one opportunity to cross- examine the
prosecution witnesses. While in a summons case he gets only one opportunity to cross-
examine the prosecution witnesses.
4. The Magistrate empowered to convert a summons case into a warrant case under the Code.
While a warrant case cannot converted into a summons case.
5. In a summons case, after the issue of summons, the accused may plead guilty by post
without appearing before the Magistrate. But no such provision exists in trial of a warrant
case.
6.  In warrant case charge cannot split up into its constituents for trial under a summons case.
7. In warrant case, it gives greater opportunities for defense. While in summon case, it does
not gives greater opportunity for defense.
8. The difference between the two forms of trial is not therefore merely one of form
importing more irregularity curable u/S. 537 of the Criminal Procedure Code. On the other
hand, it is so vital that there is an almost indefeasible presumption of prejudice to the accused
if a warrant case is tried as a summons case.
9. In summons cases where the personal attendance of the accused has dispensed with, either
under Section 205 or under Section 540-A, the court should have a power to dispense with
his examination. While even where his personal attendance has dispensed with, the accused
should  examined personally.
10.  In warrant case, framing of a formal charge necessary. In summon case, framing of a
formal not necessary in a summons case.
 Discharge and acquittal
Ans.

Acquittal Discharge

A person who has been acquitted cannot be

A discharged person can be rearrested and
arrested for the same case in which he has been
committed for a further enquiry.
acquitted by the Court.
An acquittal may also result from absence of the When a Magistrate proceeds with less serious
complainant, or withdrawal or a compounding of offence, it amounts to a discharge of graver charge
offence. and the accused can be directed to be committed.
An order of discharge simply implies that there is
An order of acquittal is a judicial decision taken no prima facie evidence against the accused to
after full inquiry establishing the innocence of justify further enquiry in relation to the charge;
accused. such order does not establish anything regarding
the guilt of the accused.
An acquittal bars second trial on the same facts and
for the same offence, or on the same facts for any A discharge does not bar the institution of fresh
other offence for which different charges from the proceedings when new or better evidence becomes
one made against the accused might have been available against the accused.
made under Section 221(1) of CrPC.

Investigation and inquiry

Ans.

INQUIRY INVESTIGATION

According to Section 2(h) of the CrPC

investigation includes all proceedings under the
According to Section 2(g) of CrPC, it means every
CrPC for collection of evidence conducted by a
inquiry other than trial conducted under the CrPC
Police Officer or any person (other than a
by a Magistrate or Court.
Magistrate) authorized by a Magistrate in this
behalf.
An investigation refers to the proceedings or steps
taken by an authority like Police Officer. An
Inquiry refers to proceedings conducted by a Court
investigation is not conducted by Magistrate, it is
or a Magistrate.
conducted by a person authorized in this behalf by
the Magistrate.
An Inquiry primarily aims at determining the truth Investigation mainly comprises the process of
of reported crime or falsity of facts if any. collection of evidence.
Inquiry can either be Judicial or non-Judicial. Investigation cannot be a judicial process.
Proceedings under Chapter X (D) [maintenance of Investigation involved the following process:
public order and tranquility] and Section 176
 –          Reporting at the incident of crime

–          Ascertaining facts and circumstances of the

case

–          Discovery and arrest of suspected persons

[inquiry by Magistrate into cause of death] is an
Inquiry.
–          Collection of evidence

–          Determining whether on the basis of facts

and evidence collected there is a case to put the
accused on trial or file a chargesheet.

Bailable and non bailable offence

Ans. Difference between Bailable and Non-Bailable Offences
Bailable Offences Non-Bailable Offence
Bailable offence means an
offence which is shown as
bailable in the FirstNon-Bailable Offence means any other
Schedule or which is madeoffence.
bailable by any other Law
for the time being in force.
Bailable offences areBailable offences are grave and serious
regarded as less grave andoffences, For example- offence of
less serious. murder.
Under bailable offences,
Under Non-bailable offences, bail is a
bail is claimed as a matter
matter of discretion.
of right.

Cognizable and non cognizable offence.

1. Ans. The offence in which the police suomotu takes cognizance of crime and
also does not need approval of court, known as a cognizable offence. While, in
non-cognizable, police has no authority to arrest a person for crime on its own,
without prior approval of court.
2. In cognizable, the police can arrest a person without any warrant. While, in case
of non-cognizable offence, a warrant must needed for arrest of person.
3. In cognizable, court’s order is not required to start an investigation. Conversely,
in the non-cognizable offence, first of all, court’s order should be obtained for
undertaking an investigation.
4. Cognizable are heinous crimes, whereas non-cognizable offences are not so
serious.
5. Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc.
On the contrary, non-cognizable offences include offences like forgery, cheating,
assault, defamation and so forth.
6. For a cognizable, one can file FIR or make a complaint to the magistrate.
Unlike, in case of non-cognizable offence one can only make a complaint to the
magistrate.

5. Discuss about the classification of offences on the basis of baliable and non baliable
offences

Ans.Definition of Bailable offence

Section 2(a) of CrPC defines bailable offences as the offence that has been shown in
the First Schedule as bailable or which is made bailable by any other law for the time
being in force. The first schedule of the CrPC is divided into two parts wherein the
first part deals with the offences given under IPC and the second part deals with the
offences under other laws. As per the last item of the First Schedule, an offence in
order to be bailable would have to be an offence which is punishable with
imprisonment for less than three years or with fine only. Some of the common
bailable offences are: Simple Hurt (Section 337; IPC), Bribery (Section 171E; IPC),
Public Nuisance (Section 290; IPC), Death by Rash or Negligent Act (Section 304A;
IPC).

Definition of Non-Bailable Offence

As per Section 2(a) of CrPC, non-bailable offence includes all those offences which
are not included in bailable offence in the First Schedule. Further, the First Schedule
in its Second part at its end has defined non-bailable offence as the offences which
are punishable with death, imprisonment of life or imprisonment for more than seven
years.

Anticipatory Bail
In case a person is of the apprehension that he might be arrested on the accusation of
a non-bailable offence, he can apply to High Court or Court of Session for bail under
Section 438 of CrPC. The grant of bail will be on the discretion of the Court subject
to certain conditions, including conditions that the person shall:
1. Make himself available for interrogation by Police Officer as and when required.
2. Not make any inducement, threat or promise to any person so as to deter him from
 disclosing any material facts to the Court or any police officer.
3. Not leave India without prior permission of the Court.

Procedure for Anticipatory Bail

In order to apply for Bail under Section 437 or Section 438 of CrPC, the accused is
required to fill the Form No. 45 given in the First Schedule and apply for bail. After
that, it will be the discretion of the Court whether it grants or rejects the application
for bail.

6. Discuss classification of offences on the basis of cognizable and non cognizable

offences
1. Ans. Cognizable and non-cognizable Offences
The Criminal Procedure Code provides for two categories of offences – cognizable and non-
cognizable. Clauses (c) and (l) of Section 2 of the Code defines cognizable and non-
cognizable offences respectively as follows:
Section 2(c): “cognizable offence” means an offence for which, and “cognizable case” means
a case in which, a police officer may, in accordance with the First Schedule or under any
other law for the time being in force, arrest without warrant;
Section 2(l): “no- cognizable offence” means an offence for which, and “no- cognizable
case” means a case in which, a police officer has no authority to arrest without a warrant[4].
As indicated by the above definition, cognizable offences are those where the police
can suomotu take action without the need for any authorized permission from the Magistrate.
These offences are serious in nature and the society cannot afford wasting time on legal
formalities and to allow the offender to conceal evidence or worse; abscond.
With respect to the meaning of cognizable offence under the Code, the Calcutta High Court
made certain observations in State of West Bengal v. JoginderMallik. The court held that
where the alleged offence is not cognizable according to the First Schedule to the Code or if
it has not been made cognizable by the Act creating the offence, it will not be considered as
cognizable simply because the police was empowered to arrest the person for commission of
offence without a warrant[5].
On the contrary, in case of a non-cognizable offence, the police do not have the power or the
authority to arrest a person without a warrant nor can the police officer initiate the
investigation without a specific order of the Magistrate.

In all cases of non-cognizable offence, the person reporting the offence is referred to the
Magistrate and a complaint has to be filed before the Magistrate under Section 190 of the
Cr.P.C. Besides certain exceptions, “the non-cognizable offences are considered more in the
nature of private wrongs and therefore, the collection of evidence and the prosecution of the
offender are initially left to the initiatives and efforts of private citizens”[6]. However, if a
Judicial Magistrate “considers it desirable that a non-cognizable case should be investigated
by the police, he can order the police to do so”[7].
 7. Discuss classification offences on the basis of heinous serious and petty offences
8. What is meant by summons case and warrant case?
Ans. “Summon” is a document that commands a person to whom it is served to appear before
the court and to answer the complaint made against him. Summon is issued by the Magistrate
to the accused under section 204(1) (a) of Cr.P.C, 1973. “Summon case” means a case
relating to an offence, not being a warrant case[1]. Summon cases can be referred from the
definition of the warrant case i.e., offences punishable with death, imprisonment for life and
imprisonment for the terms exceeding two years called as warrant cases[2]. So summon cases
are those in which punishment will not exceed imprisonment for two years. It can be said that
summon cases are not of serious nature, so it needs to be decided speedily, without
dispensing the requisites of the fair trial. The procedure to deal with such matter provided in
section 251 to 259 of Cr.P.C, 1973 which is not as serious/formal as other trials (Session trial,
warrant case instituted on the police report and warrant cases instituted otherwise than on
police report).
A summons case relates to an offence not being in a warrant case. Warrant cases are those
that include offences punishable with death penalty, imprisonment for life or imprisonment
exceeding more than two years. The criteria that differ a summons case from a warrant case
is determined by the duration of punishment in any offence. The case of Public Prosecutor V.
Hindustan Motors, Andhra Pradesh,1970, is a summons case as the convicted is sentenced to
pay a fine of Rs. 50. The issue of summons or warrant, in any case, does not change the
nature of the case, for instance, a warrant issued in a summons case does not make it a
warrant case as observed in the case of PadamNath V. Ahmad Dobi, 1969. A trial in a
warrant case begins by either filing a First Information Report or FIR in a Police Station or
filing it directly before the Magistrate.

Section 238 to 250 of the Criminal Procedure Code, 1973 (CrPC) deals with the trial of
warrant cases by magistrates. Trial of warrant cases are of two types:

1. By a police report- Section 173 of CrPC mentions a police report as a report

forwarded by a police officer to the Magistrate. In this case, the accused appears or
is brought before a magistrate at the commencement of trial. Section 173(2)
(i) mentions that as soon as the police investigation is completed, the police station
must forward it to the Magistrate empowered to take cognizance of the offence.
2. By other than a police report- The complaint is filed directly with the Magistrate in
this case.

9. Discuss about the constitution of criminal courts in India.

Ans. Administration of justice is the most important function of the state. For this purpose
our constitution has set up a hierarchy of courts. The Supreme Court is the apex body,
followed by 24 High Courts which have been created by the constitution of India, and their
jurisdiction and powers are well defined in the constitution itself.
Article 124 of Indian constitution says that there shall be a Supreme Court of India its
constitutional powers and jurisdictions have been defined from article 124-147. The Supreme
Court is meant to be the highest court of appeal which takes up appeals against the verdict of
High Courts. There are 24 High Courts in the country which regulates the working of the
Sessions court. The Constitution, by Article 227, provides that every High Court shall so
exercise superintendence over all courts and tribunals. It further provides that the High Court
shall exercise its powers judiciously in order ensure proper working of judicial mechanism.

CLASSES OF CRIMINAL COURTS

Apart from the Supreme Court and High Courts, the following criminal courts have been
described under section 6 of Criminal Procedure Code, 1973:-

1. Court of Session
2. Judicial Magistrate of first class and, in any metropolitan area Metropolitan
Magistrates
3. Judicial Magistrate of second class; and
4. Executive Magistrates
Section 7(1) of Criminal Procedure Code 1973 states that “The State Government shall
establish a Court of Session for every session’s division. The judge of the Sessions court is
appointed by the High Court. In the hierarchy Sessions court is followed by Judicial
Magistrate Class I and then judicial magistrate of Class II. In metropolitan areas, it is
followed by Chief Metropolitan Magistrate and metropolitan magistrate. An Executive
Magistrate is one of the classes of courts only while performing judicial functions.

POWER OF COURTS TO TRY OFFENCES

Chapter III of CrPC deals with power of Courts. One of such power is to try offences.
Offences are divided into two categories:

1. those under the Indian Penal Code; and

2. those under any other law.
According to Section 26, any offence under the Indian Penal Code, 1860 may be tried by the
High Court or the Court of Session or any other Court by which such offence is shown in the
First Schedule to be triable, whereas any offence under any other law shall be tried by the
Court mentioned in that law and if not mentioned, it may be tried by the High Court or any
other Court by which such offence is shown in the First Schedule to be triable. This Section is
a general Section and is subject to the other provisions of the Code.

Power of the Court to pass sentences

Sentences which may be passed by the criminal have been mentioned under section 28 & 29
of the criminal procedure code.
 1. Sentences which High Courts and Sessions Judges may pass

According to Section 28, a High Court may pass any sentence authorised by law. A Sessions
Judge or Additional Sessions Judge may pass any sentence authorised by law, but any
sentence of death passed by any such judge shall be subject to confirmation by the High
Court.

An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of
death or of imprisonment for life or of imprisonment for a term exceeding ten years. Thus,
Section 26 of the Code enumerates the types of Courts in which different offences can be
tried and then under Section 28, it spells out the limits of sentences which such Courts are
authorised to pass.

2. Sentences which Magistrates may pass

Section 29 lays down the quantum of sentence which different categories of Magistrates are
empowered to impose. The powers of individual categories of Magistrates to pass the
sentence are as under:

 The Court of a Chief Judicial Magistrate may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment for a term
exceeding seven years.
 A Magistrate of the first class may pass a sentence of imprisonment for a term not
exceeding three years or of a fine not exceeding five thousand rupees, or of both.
 A Magistrate of the second class may pass a sentence of imprisonment for a term not
exceeding one year, or of fine not exceeding one thousand rupees, or of both.
A Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial
Magistrate and that of a Metropolitan Magistrate, and the powers of the Court of a Magistrate
of the First class.

3. Sentence of imprisonment in default of fine

Where a fine is imposed on an accused and it is not paid, the law provides that he can be
imprisoned for a term in addition to a substantive imprisonment awarded to him, if any.
Section 30 defines the limits of Magistrate’s powers to award imprisonment in default of
payment of fine.

It provides that the Court of a Magistrate may award such term of imprisonment in default of
payment of fine as is authorised by law provided the that the term:

 is not in excess of the powers of the Magistrate under Section 29; and
 where imprisonment has been awarded as part of the substantive sentence, it should
not exceed 1/4th of the term of imprisonment which the Magistrate is competent to
inflict as punishment for the offence otherwise than as imprisonment in default of
payment of the fine.
 4. Sentences in cases of conviction of several offences at one trial

Section 31 relates to the quantum of punishment which the Court is authorised to impose
where the accused is convicted of two or more offences at one trial.

(1) When a person is convicted at one trial of two or more offences, the Court
may, subject to the provisions of section 71 of the Indian Penal Code (45 of
1860), sentence him for such offences, to the several punishments prescribed
therefor which such Court is competent to inflict; such punishments when
consisting of imprisonment to commence the one after the expiration of the
other in such order as the Court may direct, unless the Court directs that such
punishments shall run concurrently.

10. Discuss about Judicial magistrates and Executive magistrates and their powers.
Ans. Executive Magistrates

In every district and in every metropolitan area. The State Government

may appoint as many persons as it thinks fit to be Executive
Magistrates and shall appoint one of them to be the District Magistrate.
 The State Government may appoint any Executive Magistrate to be an
Additional District Magistrate, and such Magistrate shall have such of
the powers of a District Magistrate under this Code or under any other
law for the time being in force, as may be directed by the State
Government.
Whenever, in consequence of the office of a District Magistrate
becoming. Vacant, any officer succeeds temporarily to the executive
administration of the district, such officer shall, pending the orders of
the State Government, exercise all the powers and perform all the
duties respectively conferred and imposed by this Code on the District
Magistrate.

The State Government may place an Executive Magistrate in charge of a

sub-division and may relieve him of the charge as occasion requires; and
the Magistrate so placed in charge of a sub-division shall be called the
Sub-divisional Magistrate.
 The State Government may, by general or special order and subject to
such control and directions as it may deem fit to impose, delegate its
powers under sub-section (4) to the District Magistrate.
 Nothing in this section shall preclude the State Government from
conferring. Under any law for the time being in force, on a Commissioner
 of Police, all or any of the powers of an Executive Magistrate in relation to
a metropolitan area.

Unit 2
1. Discuss in brief about pre trial procedure

Ans.Once the Office of the Prosecutor (OTP) has sufficient evidence against an
individual, it submits a request to the Pre-Trial judges to issue a warrant of
arrest or summons to appear. 

The judges of the Pre-Trial Chamber will issue a warrant of arrest if there
are reasonable grounds to believe that the person has committed a crime
within the Court's jurisdiction and that the person will not appear voluntarily
before the Court, will endanger the proceedings or investigation, or will
continue committing crimes if not arrested. If the judges believe that the
person will cooperate and come to the Court voluntarily, they can issue a
summons to appear. Once either an arrest warrant or a summons to appear is
issued, a case enters the Pre-Trial stage, during which the Pre-Trial Chamber
judges determine whether or not there is sufficient evidence for the case to
proceed to trial. 

First is the initial appearance hearing. The judges confirm the suspect's

identity and make sure that he or she understands the charges. Other practical
issues are decided on, such as in which language the suspect will be able to
follow the proceedings. The second major hearing is the confirmation of
charges hearing, during which the Prosecution and Defence each present their
case, and the Legal Representatives of Victims present the victims' views and
concerns. If there is sufficient evidence to establish substantial grounds to
believe that the person committed the crimes charged, the judges can decide
to commit the case to trial. If not, the judges either decide to close the case or
ask the Prosecution for additional evidence or amended the charges. These
decisions may be appealed under specific conditions and with the judges'
authorisation.

2. What is investigation? how is investigation made? Discuss with the help of relevant
provisions.

Ans. An investigation is an important segment of criminal procedure. The first

step after a crime is committed or information received by a police officer
about the commission of an offence is “investigation.” The purpose is to
identify the offender and proceed him for trial so as to serve him with
punishment as per the provisions of the Code. Section 156 of the Code of
Criminal Procedure confers powers on police officers to investigate cognizable
cases. In Non Cognizable cases, the police officer has no authority to
investigate without warrant and has to obtain a warrant under Section 155
(2) of the Code. The term “investigation” has been defined in section 2(h) of
the Code. Chapter XII (Sections 154 to 176) of the Code deals with
information to police and their powers to investigate.

The term ‘investigation’ has been defined in Section 2(h) of the Code of
Criminal procedure, Investigation includes all the proceedings under this
Code for the collection of evidence conducted by a police officer or by any
person (other than a Magistrate) who is authorised by a Magistrate in this
behalf. [1]

The investigation of an offence consists of:

1. Proceeding to the spot.

2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
o Examination of persons concerned and reducing their
statement to writing.
o Search and seizure of places and things respectively
considered necessary.
5. Formation of opinion as to whether there is a case for trial, and
taking necessary steps accordingly. [2]

Procedure of Investigation

Section 157 of the Code lays down the procedure of investigation to be

followed by the police, for collection of evidence. The investigation of a
cognizable case begins when a police officer in charge of a police station has
reason to suspect the commission of a cognizable offence on the basis of FIR
or any other information so received. It requires that prompt intimation of
the FIR be sent to the Magistrate. The officer shall then proceed in person to
the spot for investigation of facts and circumstances, or shall depute one of
his subordinate officers for the same, and if required, measures for the
discovery and arrest of the person shall be taken.

When the information received by the police officer is not of serious nature,
the officer need not proceed in person or depute some subordinate officer to
investigate on the spot. And if no sufficient ground exists for entering on an
investigation, he shall not investigate the case. And shall state in its report
for not complying with the requirements of this section, and notify the
informant that he will not investigate the case or cause it to be investigated.

He shall then send this report to the Magistrate empowered to take

cognizance of such offence.

3. Discuss about examination of witnesses by police and examination of witnesses on oath

with the relevant provisions.

Ans. Examination of witnesses by police

Section 161(1) Any police officer making an investigation under this

Chapter, or any police officer not below such rank as the State

Government may, by general or special order, prescribe in this behalf,

acting on the requisition of such officer, may examine orally any person

supposed to be acquainted with the facts and circumstances of the case.

Section 161(2) Such person shall be bound to answer truly all questions
relating to such case put to him by such officer, other than questions the
answers to which would have a tendency to expose him to a criminal
charge or to a penalty or forfeiture.

Section 161(3) The police officer may reduce into writing any statement
made to him in the course of an examination under this section; and if he
does so, he shall make a separate and true record of the statement of
each such person whose statement he records.

4. Discuss about confessionary statement before the magistrate with the help of relevant
provisions. .
5. What is meant by search and seizure.Discuss broadly.

Ans. Search– The term ‘search’ denotes that action of government machinery
which includes looking through or examining carefully a place, area, person,
object etc. in order to find something concealed or for the purpose of
discovering evidence of a crime. Such search of a person or vehicle or premises
or of any other thing can only be done by taking proper and valid permission of
law.

Seizure– The act of seizing is well known as seizure. It is a forceful action in

which an object or person is suddenly taken over, grabbed, removed, or
overwhelmed.

As regards to English approach in previous days, in the Miller v. United States it

was stated that “The poorest man may in his cottage bid defiance to all the force
of the Crown. His cottage may be frail, its roof may shake, the wind may blow
through it, the storms may enter, the rain may enter but the king of England
cannot enter. No matter the nature of forces, they dare not cross the threshold of
the ruined tenement.”

Provisions:

6. Discuss about arrest and the procedure to make an arrest with the help of relevant
provisions.

Ans. This term “Arrest” is very common term that we pick up a lot in our day today
life. Normally, we see a person, who do or have done something against the law,
get arrested. The term ‘arrest’ means apprehension of a person by legal authority
so as to cause deprivation of liberty.
As per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible
restraint; an exercise of the power to deprive a person of his or her liberty; the
taking or keeping of a person in custody by legal authority, especially, in
response to a criminal charge.”

In criminal law, arrest is a important tool for bringing an accused before the
court and to prevent him from absconding. Thus, after arrest, a person’s
liberty is under the control of arrester. Every deprivation of liberty or physical
restraint is not arrest. Only the deprivation of liberty by legal authority or at least
by apparent legal authority, in a professionally competent and adept manner
amounts to arrest. However, a person against whom no accusation of crime has
been made may be arrested /detained under a statute for certain purposes like
removal in safe custody from one place to another, for example – removal of a
minor girl from a brothel. One thing to be noted that ‘custody’ and ‘arrest’ don’t
have same meaning. Taking of a person into judicial custody is followed after the
arrest of the person by Magistrate on appearance or surrender. In every arrest there
is custody but not vice versa. Thus, mere taking into custody of a person an
authority empowered to arrest may not necessarily amount to arrest.

The mode of arrest is been mentioned under section 46 with or without warrant. In
making an arrest the police officer /other person making the same actually touches
or confines the body of the person to be arrested unless there be a submission to
custody by words or action.  When the police arrests a person in execution of a
warrant of arrest obtained from a magistrate, the person so arrested shall not be
handcuffed unless the police have obtained orders from the Magistrate in this
regard.

1. In making an arrest the police officer or other person making the same shall actually
touch or confine the body of the person to be arrested, unless there be a submission to
the custody by word or action.
Provided that where a woman is to be arrested, unless the circumstances indicate to
the contrary, her submission to custody on an oral intimation of arrest shall be
presumed and, unless the circumstances otherwise require or unless the police officer
is a female, the police officer shall not touch the person of the woman for making her
arrest.
2. If such person forcibly resists the endeavour to arrest him, or attempts to evade the
arrest, such police officer or other person may use all means necessary to effect the
arrest.
3. Nothing in this section gives a right to cause the death of a person who is not accused
of an offence punishable with death or with imprisonment for life.
4. Save in exceptional circumstances, no women shall be arrested after sunset and before
sunrise, and where such exceptional circumstances exist, the woman police officer
shall, by making a written report, obtain the prior permission of the Judicial
 Magistrate of the first class within whose local jurisdiction the offence is committed
or the arrest is to be made.

7. Discuss about rights of the accused.

Ans. ·Presumption of Innocence: In Blackstone’s famous words, "it is better that ten guilty
persons escape than that one innocent suffer". The essence of criminal trial lies in that the
accused is to be presume innocent until a charge is proved against him without any
reasonable doubt.

·Right To Know The Grounds of Arrest: As per Section 50(1) of Cr.P.C., where a person
arrested without warrant is entitled to know the full particulars of offence for which he is
being arrested and where a person is arrested with warrant, he must be notified the
particulars of such warrant, or even show such warrant if needed. Sec. 75 of Cr.P.C.

·Right to have Bail: Any person who is arrested without a warrant and is

accused of a bailable offence has to be informed by the police officer that he is
entitled to be released on bail on payment of the surety amount.

·Right to Be Taken before a Magistrate without Delay: Irrespective of the fact,

that whether the arrest was made with or without a warrant, the person who is
making such arrest has to bring the arrested person before a judicial officer
without any unnecessary delay. By Sec 56 and 76 of the code, an accused has to
be produced before a magistrate within the 24 hrs.

·Right to free, fair and speedy trial: As justice delayed is justice denied, the
concept of speedy and expeditious trial was introduced by which the accused
person is given fair and impartial justice quickly.

·Right to Consult a Legal Practitioner: This has been enshrined as a

fundamental right in Article 22(1) of the Constitution of India, which cannot be
denied in any case. Section 50(3) of the Code also lays down that the person
against whom proceedings are initiated has a right to be defended by a pleader
of his choice.

·Right of Free Legal Aid: A duty is imposed on all magistrates and courts to
inform the indigent accused of his right to get free legal aid.It is clear that unless
refused, failure to provide free legal aid to an indigent accused would vitiate the
trial entailing setting aside of the conviction and sentence.

·Right to Be Examined by a Medical Practitioner: Section 54 of Cr.P.C.

enumerates this right. 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 the purpose of
vexation or delay or for defeating the ends of justice.

·Right to privacy and protection against unlawful searches: The police

officials cannot violate the privacy of the accused on a mere presumption of an
offence. The property of an accused cannot be searched by the police without a
search warrant.

·Right to be present during trial: Section 273 of the Code provides that all
evidence and statements must be recorded in presence of the accused or his
criminal lawyer.

·Right to get Copies of Documents: The accused has the right to receive copies
of all the documents filed by the prosecutor in relation to the case.

·Right to be present at the trial: The accused person has the right to be

present during his trial and have testimony presented in front of him.

·Right to cross-examination: The accused has the right to be cross-examined by

the prosecutor to prove his innocence.

Right to Appeal: The rights of arrested persons include the right to file an appeal
against his conviction in a higher court.

·Right to Humane Treatment in Prison: The accused has a right to have all his
human rights when in prison and be subjected to humane treatment by the
prison authorities.

Cases
In, NandiniSathpathy v. P.L.Dani 1978 SCR (3) 608,wherein it was held that no
one can forcibly extract statements from the accused and that the accused has
the right to keep silent during the course of interrogation (investigation).

In, D.K. Basu v. State of W.B (1997) 1 SCC 416,the Supreme Court, in this case,
issued some guidelines which were required to be mandatorily followed in all
cases of arrest or detention which include, the arresting authority should bear
accurate, visible, and clear identification along with their name tags with their
designation, the memo be signed by the arrestee and family member, the family
or the friend must be told about the arrest of the accused, The arrestee may be
permitted to meet his lawyer during interrogation, though not throughout the
interrogation and many other.
8. Discuss about arrest without warrant with the help of relevant case laws

Ans. a person can be arrested by police officers or any private person without
warrant ordered by the court. Particularly the police officers may arrest a
person without a warrant under certain conditions. The conditions to arrest a
person without warrant mentioned under Section 41 of the Code of Criminal
Procedure are as follows.

 A person who is concerned with any cognizable offences such as

murder, rape, theft etc. can be arrested without a warrant.
Cognizable offences are the offence, for which a police officer in
accordance with the first schedule of CrPC or guided by any other
law for the time being in force, can arrest without warrant.
 Cognizable offences are those offences which are very serious in
nature. Example unnatural offences, rape, kidnapping etc. If any
cognizable offence has been committed, a police officer can
investigate without the magistrate’s permission.

Section 154 of CrPC provides that, “under a cognizable offenses, if the police

officer receives any information relating to the commission of a cognizable
offence, if given orally shall be reduced to writing and be read over to
informant, whether given in writing shall be reduced to writing and shall be
signed by the informant and substance shall be entered in a book to be kept
by officer in form prescribed by state government”.

Section 154 provides further that, “if any person aggrieved by a refusal on

the part of the officer in charge of police station, may send the substance of
such information by post to Superintendent of Police, who is satisfied that
such information discloses any commission of cognizable offences, shall
either investigate himself or direct an investigation to be made any police
officer subordinate to him”.

 Who has been in possession of any housebreaking weapon without

any lawful excuse?
 Who has been proclaimed as an offender either under CrPC or any
other order by State government or any law in force?
 Who obstructs any police officer while performing his duty or who
have escaped or make attempts to escape from lawful custody.
 Who has been concerned in any law or against whom a reasonable
complaint has been made or credible information has been received,
 of his having been involved in an act committed at any place outside
India, if committed in India would be punishable of an offence and
for which he is under law relating to extradition or otherwise, liable
to be apprehended or detained in custody of India.
 Who is reasonably suspected of being a deserter from any of the
Armed forces of Union?
 Who, being released as a convict, commits a breach of any rule
mentioned under sub-section 5 of section 356 i.e. the state
government may be notification make rules to carry out the
provisions of this section relating to the notification of residence or
change of or absence from, residence by released convicts.
 For whose arrest any requisition has been received from another
police officer, provided that the requisition must specify the person
to be arrested and the reason for which the arrest is to be made and
therefrom it appears that the person must be lawfully be arrested
without a warrant.

The police also have the power to arrest a person if he denies giving his
correct name and residential address or the police have a reason to believe
that the furnished information is wrong. Police are empowered under section
42 of the Code of Criminal Procedure to arrest a person to identify the actual
place of residence. Provisions in section 42 are:  

“(1) When any person who, in the presence of police officer has committed
or has been accused of committing a non-recognizable offence refuses on
demand of such officer, to give his name and residence or gives a name or
residence which such officer has reason to believe to be false, he may be
arrested by such officer in order that his name or residence may be
ascertained”.

The police officers are empowered by virtue of section 151 of the Code of
Criminal Procedure to arrest a person to prevent the commission of
cognizable offences. Provisions under section 151 are:

“(1) A police officer knowing of design of any cognizable offence may arrest
the person so designing it, without any orders from a magistrate and without
a warrant, if it appears to such officer that the commission of offence cannot
be prevented otherwise.

(2) No person arrested shall be detained in custody for a period exceeding

twenty-four hours from the time of his arrest unless his further detention is
required by any other provisions of Code or any law for the time being in
force”.

9. What is meant by bail? Discuss about types of bail.

Ans. The term bail is not defined under CRPC. Bail is a kind of security which is
given by the accused to the court that he will attend the proceedings against the
accusations made upon him and include personal bond and bail bond.

Bail is a mechanism used to ensure that the accused is present before the court.

The two authorities that can grant bail are police and courts.

The basic and fundamental object of bail is to ensure the attendance of accused
at the trial before court.

Types of bail:

There are commonly 3 types of bail in India which a person can apply depending upon the stage
of the criminal matter:

1. Regular Bail: A regular bail can be granted to a person who has already been arrested
and kept in police custody. A person can file a bail application for regular bail under
Section 437 and 439 of the CrPC.
2. Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is granted
to an accused before the hearing for the grant of regular bail or anticipatory bail.
3. Anticipatory Bail: A person who discerns that he may be arrested by the police for a
non-bailable offence, can file an application for anticipatory bail. It is like an advance bail
obtained under Section 438 of the CrPC. A bail under Section 438 is a bail before arrest
and a person cannot be arrested by the police if the anticipatory bail has been granted by
the court.

10. Discuss in detail about security for keeping peace and good behaviour with the help of
relevant provisions.
Ans. Chapter 8 of the criminal procedure code discusses the provisions related to
the security for keeping the peace and for good behaviour. In the essence of the
code, here security refers to furnishing guarantee to the satisfaction of the Court
that a certain conduct is mandatory to be maintained for a certain period by a
certain person concerning a certain thing. This procedure takes place in the
shape of a bond to be executed by such person from whom security is
demanded. It may occur with sureties or without sureties.

The law has vested this discretionary power upon the court. It is not an
administrative proceeding. Rather it is a judicial proceeding. Neither it is
repugnant to the Fundamental rights under the Constitution nor it is
discriminatory in character. It is a give and take procedure where the accused
gives the security while the security is taken by the court. Such security
proceedings are taken after undergoing a judicial inquiry. Hence security
proceedings are judicial proceedings

 An exhaustive and comprehensive procedure has been provided by the Code on
the subject of Security covering various circumstances which the legislative
wisdom could encompass at the time of enacting this law in its 21 provisions,
divided into three parts.The following sections enumerate the provisions related
to the topic:

A) Section 106– Security for keeping the peace on conviction.

B) Section 107– Security for keeping the peace in other cases.

C) Section 108-Security for good behaviour from persons disseminating

seditious matters.

D) Section 109– Security for good behaviour from suspected persons.

E) Section 110– Security for good behaviour from habitual offenders.

In MadhuLimaye&Ors vs. Sub-divisional magistrate,Monghyr&Ors., the

constitutional validity of chapter VIII was challenged and gist of the chapter
that it is for prevention of crimes and prevention of public tranquillity and to
curb breach of peace was held.

11. What is meant by charge? Discuss elaborately about framing charges with the help of
relevant provisions.
Ans. Charge defined under section 2(b) of The Code of Criminal Procedure (in
short Crpc) include any head of charge when the charge contains more heads
than one. charge simply means accusation. A charge is a formal recognition of
concrete accusation by magistrate or a court based upon a complaint or
information against the accused.

Framing of charges :

Section 240- Framing of charge:

The magistrate shall frame a charge, upon considering the police report and the
documents sent with it under Section 173 and after examining the accused and
hearing the parties, if the magistrate is of the opinion that the accused has
committed an offence which he is competent to try and could be adequately
punished by him. The accused shall be explained the charge by reading it over
to him and he shall be asked whether he pleads guilty or claims to be tired.  

It is well settled that at the stage of framing of charge the trial Court is not to
examine and assess in detail the materials placed on record by the prosecution
nor is it for the Court to consider the sufficiency of the materials for the purpose
of seeing whether the offence alleged against the accused persons is made out.
At the stage of charge the Court is to examine the materials only with a view to
be satisfied that a prima facie case has been made out against the accused
persons.

Where the material on record as product by the prosecution was sufficient for
framing the charge of corruption, the Court need not wait for the public servant
to satisfactorily explain the assets position. 

Where the accused, in collusion with others, defrauded the bank to the tune of
over 2 crore rupees, the Supreme Court observed that a blanket order enabling
the accused not to appear before the court during investigation and even at trial
 should not be passed. His presence may become necessary for example, at the
time of framing of charge. 

12. What is the difference between charge sheet and framing of charges.

1. Ans. Charge is a formal document stating the offence and charge sheet is just the
report submitted by investigating officer.
2. While charge is formed by a Magistrate, charge sheet is prepared by the police.
3. Charge is judicial but charge sheet is not.
4. Trial follows charge and inquiry follows charge sheet.
5. Charge is framed after inquiry and charge sheet is framed after investigation.
Judicial Precedent
The Supreme Court in the case of NityaDharmananda @ K. Lenin v. Sri Gopal Sheelum
Reddy @ NithyaBhaktananda, has observed that “it is clear that while ordinarily the
Court has to proceed on the basis of material produced with the charge sheet for dealing with
the issue of charge but if the court is satisfied that there is material of sterling quality which
has been withheld by the investigator/prosecutor, the court is not debarred from summoning
or relying upon the same even if such document is not a part of the charge sheet. It does not
mean that the defence has a right to invoke Section 91 CrPC de hors the satisfaction of the
court, at the stage of charge.

13. A, a police officer is informed by an individual that a gruesome murder has taken place in a
broad day light. Can A take cognizance of the case and start investigation? Discuss with the help of
relevant provisions and case laws
14. .A,B,C,D and E are accused of committing domestic violence on F, who is a new bride of B. A, C
and D are women .Discuss in detail the procedure of arrest in such case with the help of relevant
provisions and case laws

UNIT: 3 WHAT IS MEANT BY TRIAL OF CASES? DISCUSS IN DETAIL WITH THE HELP OF RELEVANT
PROVISIONS

The term “trial” has not been defined in the Code. It is the examination and determination of a cause
by a judicial tribunal which has jurisdiction over it. It is a judicial proceeding which ends in conviction
or acquittal but not discharge.

In a warrant case the trial begins with the framing of the charge when the accused is called upon to
plead thereto : but in a summons case, as if is not necessary to frame a formal charge, the ‘trial’
starts when the accused is brought before the Magistrate and the particulars of the offence are
stated to him. In a case exclusively triable by a court of session the trial begins only after the
committal proceedings by the Magistrate. The term “trial” includes appeal and revision, which are a
continuation of the first ‘trial’.
The function of a court in a criminal trial is to find out whether the person arraigned before it as the
accused’ is guilty of the offence with which he is charged. For this purpose it scans the material on
record to find whether there is any reliable and trustworthy evidence on the basis of which it is
possible to found the conviction of the accused and to hold that he is guilty of the offence with
which he is charged.

According to CrPC, there are three types of criminal trial in India, which are as follows:-

I. Warrant trial,

II. Summon trial, and

III. Summary trial

WARRANT TRIAL:-

Warrant cases are those that include offences punishable with death penalty, imprisonment for life
or imprisonment exceeding more than two years. The criteria that differ a summons case from a
warrant case is determined by the duration of punishment in any offence.

The provisions deals with the trial in warrant cases by Magistrates, may, therefore, be conveniently
divided into three groups:-

1. provisions mainly applicable in respect of cases instituted to a police report; [Section 238-
243]

2. provisions exclusively applicable in respect of warrant cases instituted otherwise than on a

police report; [Section 244-247] and

3. Provisions which are commonly applicable to all warrant cases whether instituted on a
police report or otherwise. [Section 248 - 250]

SUMMONS TRIAL:-

Those cases in which an offense is punishable with an imprisonment of fewer than two years is a
summon case. A summon case doesn’t require the method of preparing the evidence. Nevertheless,
a summon case can be converted into a warrant case by the magistrate if after looking into the case
he thinks that the case is not a summon case.

A case in which the offense is a minor one for which a police officer may without arrest notify a
person to appear in court at a fixed time and place.

SUMMARY TRIAL:-

A summary trial is the name given to trials where cases are disposed of speedily and the procedures
are simplified and recording of such trials are done summarily. In summary trials only small offences
are tried and complicated cases are reserved for summons or warrant trials.

The principle of the summary trial is based on the legal maxim ‘justice delayed is justice denied’.

According to section 260 of CrPC, following Magistrates may try in a summary way:-
 i. Any Chief Judicial Magistrate,

ii. Any Metropolitan Magistrate, and

iii. Any Magistrate of first class specially empowered by the High Court.

Further, according to section 261, any Magistrate of second class empowered by the High Court may
summarily try an offence which is punishable only with fine or with imprisonment of a term not
exceeding six months with or without fine.

WHAT IS THE DIFFERENCE BETWEEN TRIAL IN SUMMONS CASE AND TRIAL IN WARRANTS CASE :-

WARRANT CASE SUMMON CASE

The Code of Criminal Procedure prescribes There is only one procedure followed,
two procedures for the trial of a warrant whether instituted on a Police Report or a
case by Magistrates, namely, one adopted complaint.
by the Magistrate in case instituted on a
Police Report while the other in case
instituted otherwise than on a Police Report.
The procedures of warrants cases are The procedure is simpler and speedier.
complicated and slower.
In a warrant case, the accused gets more In summons case accused gets only one
than one opportunity to cross-examine the opportunity to cross-examine the
prosecution witnesses. prosecution witnesses.
Warrants case cannot be converted into Magistrate is empowered to convert
summons case. summons case into a warrants case.
Warrants case give greater opportunity for Summons case does not give greater
defence. opportunity for defence.
In warrant case, framing of a formal charge In summon case; framing of a formal charge
is necessary. is not necessary.
 DISCUSS IN DETAIL ABOUT THE TRIAL BEFORE THE COURT OF SESSIONS .

Sessions Court is the court that deals with criminal cases at a district level. To be more precise, it
deals with the more serious warrant cases. It cannot take cognizance directly of any offense except
in cases of defamation as given u/s 199 of CrPC. In rest other, a competent magistrate takes
cognizance and commits the case to the court for trial.

1. Parties:-In every trial before a Court of Session, the Public prosecutor shall conduct the
prosecution. As regards the defence, every accused person has a right to be defended by a
counsel of his choice, and where it appears to the court that the accused has not sufficient
means to engage a pleader, it shall assign a lawyer for his defence at the expense of the State.

2. Opening case for prosecution:-When the Accused appears or is brought before the Court, the
prosecutor will open or start the case by describing the charge of offence. Also stating the
evidence by which he proposes to prove guilt of the accused.

3. Discharge of accused:-After considering the documents, records of the case and hearing the
statements of accused and the prosecution if the judge thinks that case does not have sufficient
grounds for proceeding against the accused. Then he may discharge the accused and record the
reason for same.

4. Framing of charge:- After consideration and hearing as aforesaid, the Judge thinks that case has
ground for presuming that the accused has committed an offence which is :

i. Not exclusively triable by the Court of Session. He may order transfer of the case to the
Chief Judicial Magistrate or any other Judicial Magistrate of the first class. He may also
direct the accused to appear before the Chief Judicial Magistrate, or the Judicial
Magistrate of the first class. Magistrate shall try the offence in accordance with the
procedure for the trial of warrant-cases instituted on a police report;

ii. Exclusively triable by the Court of Session, he shall frame in writing a charge against the
accused.

Where the Judge frames any charge, the charge shall read and explained to the accused. The
accused shall be asked to confess the offence or crime.

5. Explaining the charge to the accused and enquiring about plea:-Where the charge has been
framed against the accused as mentioned above, it shall be read and explained to him, he shall
then be asked whether he pleads guilty of the offence or claims to be tried.

6. 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 Supreme Court has further classified that if an accused who has not been confronted with
the substance of allegations against him, pleads guilty to the violation of a provision of law, that
plea is not valid at all.

7. Date for prosecution-evidence:-If the accused refuses to plead, or does not plead, or claims to
tried or not convicted under section 229, the Judge shall fix a date for the examination of
witnesses.

8. Evidence for the prosecution:-On the date so fixed, the Judge shall ask for all such evidence
which needs in support of the prosecution. The Judge may also permit the cross-examination of
any witness. Until any other witness or witnesses have examined or recall any witness for
further cross-examination.

9. Arguments on behalf of prosecution:-Any party to a proceeding, may after the close of his
evidence, address concise oral arguments. If the court considers that such oral arguments are
not concise or relevant, it may regulate them.

10. Examination of accused:- In every enquiry or trial, for the purpose of enabling the accused
personally to explain any circumstances appearing in the evidence against him, the court –

a) may at any stage put such questions to him as the court considers necessary.

b) shall, after the witnesses for the prosecution have been examined and before he is
called on for his defence, question him generally on the case; however in summons case
where the court has dispensed with the personal attendance of the accused, it may also
dispense with his examination under this clause.

11. Acquittal of accused after hearing the parties:-After taking the evidence for the prosecution,
examining the accused and hearing the prosecution and the 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.

12. Evidence for the defence:-

 The accused may called upon to present his defence, if not acquitted under section 232 . He
also needs to produce evidence in support.

 The Judge may file any written statement produced by the accused, as record.

 If the accused applies for compelling the presence of any witness or the production of any
document or thing, the Judge shall issue such process. Unless he considers that such
 application should refused as made for the purpose of vexation or delay or for defeating the
purpose of justice.

13. Court witnesses:-According to section 311, any court at any stage of an enquiry or a trial
summon any person as a witness or re-examine any person who has already been examined.

14. Arguments:-After the recording of the defence-evidence, the prosecutor shall sum up his case
and the accused shall be entitled to reply. Further, where any law point is raised by the defence,
the prosecution may be allowed to make its submission with regard to such point of law.

15. Judgment:-The Judge shall pass its judgment in the case, after hearing arguments and points of
law (if any). If the accused is convicted, the Judge shall, unless he proceeds in accordance with
the provisions of section 360 hear the accused on the question of sentence, and then pass
sentence on him according to law.

16. Procedure to follow the order of the conviction:-If the court convicts the accused person, it may
release the offender after probation of good conduct in accordance with section 360. If the
offender is not so released, the court shall hear him on the question of sentence and then pass
sentence on him according to law.

17. Procedure in case of previous conviction:-In a case where 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 Judge may, after he has convicted
the said accused under section 229 or section 235, 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 Judge 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 section 229 and section 235.
 WHAT IS MEANT BY INQUIRY? WHAT IS THE DIFFERENCE BETWEEN INQUIRY AND TRIAL?

INQUIRY:-

An Inquiry is either done by a magistrate or by the court. It is not to be done by police officials.
Inquiry is different from Investigation.

Inquiry according to the Code includes every inquiry other than a trial conducted under this Code, by
a Magistrate or court. It relates to proceedings of Magistrates prior to trial. [Section 2 (g)]

Section 159 of the Code empowers a Magistrate on receipt of a police report under Section 157,
Cr.P.C. to hold a preliminary inquiry in order to ascertain whether an offence has been committed
and, if so, whether any persons should be put upon their trial.

The cases which are triable by the court of sessions, the commencement of proceedings takes place
before a Magistrate, which are in the nature of an inquiry preparatory to sending the accused to
take his trial before the Court of Session.

The Magistrate in such cases is bound to either discharge the accused or commit him for trial, but he
has no power to declare an accused either guilty or innocent of the offence with which he is
charged.

DIFFERENCE:-

TRIAL INQUIRY
A trial is always for an offence. An inquiry does not necessarily relate to
offences. Example:- Inquiry relating to
immovable property like maintenance of
wife etc.
A trial ends in either acquittal on conviction An inquiry into a offence never ends in a
of accused. conviction or acquittal.
Trial is the examination and determination Inquiry includes every inquiry other than a
of cause by Judicial Magistrate. trial conducted by a Magistrate or a Court.
Trial follows inquiry. Inquiry precedes trial.
Trial is the third stage. Inquiry is the second stage in criminal case.
 DISCUSS ABOUT PROTECTION OF WITNESSES UNDER CrPC.

Witnesses are regarded as one of the most indispensable element in the criminal justice system.The
inputs provided by the witness may have direct bearing on the conviction or acquittal of an accused,
hence it is desired that such witness be protected from the wrath of extraneous factors that have
the capability to change his stance over a particular case.

‘Witness’ has nowhere been defined in the Code of Criminal Procedure Code, 1908. The Witness
Protection Scheme, 2018 defines ‘witness’ as: “‘Witness’ means any person, who possesses
information or document about any crime regarded by the competent authority as being material to
any Criminal proceedings and who has made a statement, or who has given or agreed or is required
to give evidence in relation to such proceedings.”

In the words of Jeremy Bentham “Witnesses are eyes and ears of the Courts”, hence, it becomes
imperative on part of the State to provide adequate protection to the witness to ensure ideal
working of the wheel of justice.

CASE:-ZAHIRA HABIBULLA AND ANOTHER VS. STATE OF GUJARAT:- (FAIR TRIAL)

The Hon’ble Supreme Court stated that “If the witnesses get threatened or are forced to give false
evidence that also would not result in fair trial”.

PROTECTION OF WITNESS:-

Types of measures taken to protect the witness are as follows:-

1) Accused and witness not to be put up together during a trial.

2) Contacting Telephone Company to allot the witness an unlisted telephone number.

3) Giving adequate security to the witness.

4) Change in identity of witness and suppressing the original identity.

5) Changing the residence of witness to somewhere else.

6) Providing a government vehicle to and from the court on date of hearing.

7) To ensure presence of additional person at the time of recording statements of the witness.

8) Holding of in camera trials.

9) Using specially designed court rooms equipped with separate passage to witness and accused
along with options to modify the face or voice in order to suppress identity.

10) Giving financial aids to witness from Witness Protection Fund.

 WHAT IS MEANT BY MAINTENANCE? DISCUSS IN DETAIL ABOUT THE SCOPE OF SECTION 125 OF
Cr.P.C

Maintenance is an essential factor that is taken into consideration by the Courts while deciding on
Divorce Proceedings in India. The Hon’ble Supreme Court, in a recent case, has stated that the
Family Courts must not delay the grant of maintenance to a wife estranged from her husband and
that the husband cannot shy away from the responsibility of sustaining the wife irrespective of the
status of their relationship. The Court went on to state that a delay in such adjudication by the Court
is against human rights and also against the basic dignity of an individual.

The word “Maintenance” is not defined in CrPC. ‘Maintenance’ in legal meaning is money that
someone must pay regularly to a former wife, husband or partner, especially when they have had
children together. It is the duty of every person to maintain his wife, children and aged parents, who
are not able to live on their own.

SECTION 125 CrPC:-

Section 125 of the Code of Criminal Procedure is an economic umbrella that makes provisions for
maintenance to be provided to divorced wives to help them to maintain and support themselves
both during and at the conclusion of Divorce Proceedings.

The essential object of the provision of law is to help improve the economic condition and alleviate
the status of divorced and neglected wives who are unable to support themselves.

Section 125 is a secular provision governing maintenance laws across all personal laws. The Supreme
Court has held that the maintenance rights of a wife cannot be limited by personal laws.
Maintenance provision under Section 125 is not treated as a means to punish the husband but as a
means to ensure support for the estranged woman who is unable to support herself.

CASE:-MANPREET SINGH BHATIA VS. SUMITA BHATIA:-

The factors that are taken into consideration by the Courts for granting interim maintenance have
been reiterated by the Delhi High Court in this case, which are as follows:-

i. Reasonable needs of spouse claiming maintenance.

ii. Status of the parties.

iii. Independent income and property owned by spouse claiming maintenance.

iv. The number of persons spouse providing maintenance apart from claimant.

v. Lifestyle the spouse claiming maintenance enjoyed in her matrimonial home.

vi. The liability of the spouse claiming maintenance.

vii. Basic necessities of the spouse claiming maintenance.

viii. Payment capability of spouse providing maintenance.

ix. The Court may use its discretion when all specific sources of income of the spouse providing
 maintenance are undisclosed.

x. The spouse paying maintenance must discharge the cost of litigation of the divorce
proceedings

Under Section 125 of the CrPC, if any person having sufficient income refuses to maintain
his wife who is not capable of maintaining herself sufficiently, the Magistrate upon hearing
this must award a monthly allowance to wife the amount of money which he/she deems fit.

Under this provision, the definition of a wife has been interpreted by the Courts in various
cases. ‘Wife’ includes any legally wedded woman who has obtained a divorced from her
husband.

After divorce, if the wife has remarried, no maintenance can be claimed by the wife. Also, a
second wife cannot claim maintenance under Hindu law unless the fact of the husband’s first
marriage was not known to her at the time of marriage.

Section 125 extends the rights of Muslim women to receive maintenance from her husband. Under
the Muslim laws, a Muslim wife must be provided maintenance only for the period of Iddat and not
beyond it. Section 125, however, extends its provision to Muslim women extending their right to
maintenance up to remarriage.
DISCUSS IN DETAIL REGARDING MAINTENANCE OF CHILDREN BY FATHER IN THE LIGHT OF SECTION
125 CrPC

Maintenance is an essential factor that is taken into consideration by the Courts while deciding on
Divorce Proceedings in India. The Hon’ble Supreme Court, in a recent case, has stated that the
Family Courts must not delay the grant of maintenance to a wife estranged from her husband and
that the husband cannot shy away from the responsibility of sustaining the wife irrespective of the
status of their relationship. The Court went on to state that a delay in such adjudication by the Court
is against human rights and also against the basic dignity of an individual.

The word “Maintenance” is not defined in CrPC. ‘Maintenance’ in legal meaning is money that
someone must pay regularly to a former wife, husband or partner, especially when they have had
children together. It is the duty of every person to maintain his wife, children and aged parents, who
are not able to live on their own.

Section 125 of CrPC deals with “Order for maintenance of wives, children and parents”. According to
Section 125(1), the following persons can claim and get maintenance:

 Wife from his husband,

 Legitimate or illegitimate minor child from his father,

 Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and

 Father or mother from his son or daughter.

LEGITIMATE OR ILLEGITIMATE MINOR CHILD:-

1) SON: - ‘Minor’ means a person who, under the provisions of Section 3 of the Indian Majority Act,
1875 is deemed not to have attained his majority i.e., above the age of 18 years.
Minor Son (Legitimate or Illegitimate) is entitled to get maintenance under Section 125 of CrPC.

2) Daughter: - If Minor Daughter (Legitimate or Illegitimate) is unmarried, then she is entitled to

get maintenance from her father and if she is married and her husband has not essential and
sufficient means for the maintenance of his minor wife then also she is entitled to get
maintenance from his father.
CASE:-ALOK BANERJEE VS. ATOSHI BANERJEE:-
In this case, it was held that If the husband of a minor daughter does not have sufficient means
to maintain her, then it is the duty of her father to give maintenance. In these circumstances,
married minor daughter is entitled to get maintenance from the father.

3) Legitimate of illegitimate abnormal child who has attained majority: - If any major child
(Legitimate or Illegitimate) is abnormal (mentally or physically unfit), then the father of that child
has to maintain him and he can claim maintenance on this ground of abnormality.
DISCUSS IN DETAIL THE SCOPE OF SECTION 125 CrPC IN MAINTENANCE OF OLD PARENTS BY THEIR
CHILDREN

Maintenance is an essential factor that is taken into consideration by the Courts while deciding on
Divorce Proceedings in India. The Hon’ble Supreme Court, in a recent case, has stated that the
Family Courts must not delay the grant of maintenance to a wife estranged from her husband and
that the husband cannot shy away from the responsibility of sustaining the wife irrespective of the
status of their relationship. The Court went on to state that a delay in such adjudication by the Court
is against human rights and also against the basic dignity of an individual.

The word “Maintenance” is not defined in CrPC. ‘Maintenance’ in legal meaning is money that
someone must pay regularly to a former wife, husband or partner, especially when they have had
children together. It is the duty of every person to maintain his wife, children and aged parents, who
are not able to live on their own.

Section 125 of CrPC deals with “Order for maintenance of wives, children and parents”. According to
Section 125(1), the following persons can claim and get maintenance:

 Wife from his husband,

 Legitimate or illegitimate minor child from his father,

 Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and

 Father or mother from his son or daughter.

FATHER OR MOTHER:-

1) Natural father and mother can claim maintenance.

2) Mother includes adoptive mother, she can claim maintenance from adoptive son.

3) Father can claim maintenance, it is a statutory obligation, this claim cannot be defeated by
pleading that the father failed to fulfill his parental obligation.

4) A childless stepmother can claim maintenance.

CASE:-PANDURANG BHAURAO DABHADE VS. BABURAO BHAURAO

DABHADE:-

In this case, Bombay High Court has held that the father or mother can claim maintenance
under Section 125(1)(d) if he or she is unable to maintain himself or herself. But it is also
important that if parents claim maintenance to their children, children must have sufficient
means to maintain their parents and yet neglects or refuses to maintain the father or mother.
 DISCUSS IN DETAIL ABOUT TREATMENT OF UNDER TRIAL PRISONERS

The term ‘Under-trial’ denotes an unconvicted prisoner i.e. one who has been detained in prison
during the period of investigation, inquiry or trial for the offence s/he is accused to have committed.

Under trial prisoners are technically under judicial custody but for all practicalpurposes are kept in
the same prison especially in India. The purpose of keeping undertrials in the custody is to ensure
fair trial so that they cannot be in a position to influence or induce the witnesses.

In India Undertrials are kept in the same prisonand they are treated as convicts in practice which
amounts to a gross violation ofhuman rights.

Standard Minimum Rules has elaborated the rights of undertrial prisoners in regard to their
treatment. It clearly says that untried prisoners shall be kept separate from convicted prisoners. The
other provisions of Standard Minimum Rules regarding undertrials treatment may be summarized as
follows:

1) Undertrial prisoners shall sleep singly in separate rooms, with the reservation of different local
custom in respect of the climate.

2) Undertrial prisoners may, if they so desire have their food procured at their own expense from
outside, either through the administration or through the family or friends. Otherwise, the
administration shall provide their food.

3) An undertrial prisoner shall be allowed to wear his own clothing if it is clean and suitable. If he
wears prison dress, it shall be different from that supplied to convicted prisoners.

4) An untried prisoner shall always be offered opportunity to work, but shall not be required to
work and if he chooses to work, he shall be paid for it.

5) An untried prisoner shall be allowed to procure at his own expense or at the expense of a third
party such books, newspapers, writing materials and other means of occupation as are
compatible.

6) An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if
there is reasonable ground for his application and he is able to pay any expenses incurred.

7) An untried prisoner shall be allowed to inform immediately his family of his detention and shall
be given all reasonable facilities for communicating with his family and friends and for receiving
visits from them.

Similar provisions have been made in the Punjab Jail Manual on the lines of Standard Minimum
Rules. However, there is a considerable gap between theory and practice. Majority of
undertrialrespondents (87 percent) have expressed dissatisfaction over treatment and this has
surprisingly been endorsed by the Prison officials. The officials find it difficult to manage the prisons
and to initiate reformative activities.
DISCUSS IN DETAIL VICTIM COMPENSATION WITH THE HELP OF RELEVANT PROVISIONS AND CASE

Any person, group, or entities who have suffered harm, injury or loss due to illegal activities of
others is called a victim of crime. The harm done must be economical, mental or physical. Thus, any
person who has suffered harm because of violation of criminal law is victim.

A person will be considered as a victim even when the offender is not identified or prosecuted.Not
only the person who suffered loss or injury are the victim, but in some cases, the near and dear of
victims such as family membersare also the victims.

VICTIM COMPENSATION:-

A victim of the offence can get compensation in India which shall be ordered by the court.
Compensation is awarded for material as well as non-material damages.

Material damages include medical expenses, loss of livelihood, etc. Non-material damages include
pain, suffering, mental trauma, etc. In criminal cases, the victims can directly apply for the
compensation, and it is the duty of the lawyer representing the victim to demand such
compensation.

SECTION 357: -According to Section 357 of the Code, if a court passes any sentence that includes a
payment of fine, the court may order that the fine be used for any of the following purposes:

1) Compensation for expenses incurred during litigation: - Litigation costs in India are arbitrary.
The lawyers charge hefty amount and thus court compensate victim by providing them the
expenses incurred during litigation.

2) Compensation of loss or injury to be recovered by civil court: - If victim incurs any loss or
injury by the offence the fine amount can be used to pay such compensation which can later
be recovered from the accused itself.

3) Compensation in case of death: - In case of death caused due to the offender, the family of
the victims is entitled to compensation under Motor Vehicles Act, 1988.

4) Compensation of victim of crime in offences like theft, cheating etc: - In this type of case the
Court either tries for recovery of goods and in the case where recovery is not possible court
orders for compensation for the price of such goods.
COMPENSATION WHEN FINE IS NOT PART OF SENTENCE :-

When fine not part of sentence, the court can direct the accused person to pay certain sum as
compensation to victim of crime.

CASE:-BHAJAN KAUR VS. DELHI ADMINISTRATION: -

[A writ petition was filed in Delhi High Court for paying compensation to the dependents of those
killed in the riots after the assassination of Smt. Indira Gandhi as the State had a duty to protect the
life of its citizens.
The Delhi High Court held that the expanded meaning attribute to Article 21 of the Constitution, it is
the duty of the State to create a climate where member of the society belonging to different faiths,
caste and creed live together and therefore the State has a duty to protect their life, liberty, dignity
and worth of an individual which should not be jeopardized or endangered. If in any circumstances
the state is not able to do so, then it cannot escape the liability to pay compensation to the family of
the persons killed during the riots. The High Court directed the State government to pay a sum of Rs.
2 Lakhs with interest and also gave a general direction that the order should apply to similar cases
also.]