Criminal Procedure Code –Paper 3

Q1. Discuss different classes of criminal court and their powers.

A Criminal Court is a court that has the jurisdiction and authority to try and punish the persons accused of
committing a crime as per criminal law. Generally, the government files a case in Criminal Courts against a person
who has committed any crime. The reason behind this is that whenever a crime is committed, it is considered an
act against a state and not only the victim. It is the paramount duty of the state to protect its citizens. Therefore the
state becomes operative when a crime is committed.
Classes /Types of Criminal Courts in India
Criminal courts can be categorised or classified, in the hierarchy, as given below:
1. Supreme Court.
2. High Court.
3. Sessions Court (also called Court of Session).
4. Judicial Magistrates of First Class (called Metropolitan Magistrates in metropolitan areas).
5. Judicial Magistrates of Second Class.
6. Executive Magistrates.
1. Supreme Court.
The Supreme Court of India has the jurisdiction to deal with criminal cases. The Constitution of India has created
this court for each state. Also, the jurisdiction and powers of this court are very well mentioned in the Indian
Constitution.
In addition to this, section 379 of the Criminal Procedure Code provides provisions related to appeal in the
Supreme Court under certain circumstances. And, section 406 of CrPC also grants the Supreme Court the power to
transfer cases and appeals from one High Court to the other High Court.
2. High Court.
Along with the Supreme Court of India, High Courts are also established for each state by the Constitution of
India. Article 227 of the Indian Constitution provides that except for the court formed for the armed forces, every
High Court must have supervision over all courts and tribunals throughout the territories over which it exercises
jurisdiction.
3. Sessions Court.
As per section 6 of the Criminal Procedure Code, apart from the Supreme Court, High Court, and the courts
composed under any law, the following courts must be present in every state:
 Sessions Court.
 Judicial Magistrates of the First Class (Metropolitan Magistrates in the metropolitan area).
 Judicial Magistrates of Second Class.
 Executive Magistrates.
The provisions related to the Court of Session are contained under section 9 of CrPC. It provides that the state must
establish a Court of Session for every Sessions Division, which is to be governed by a judge. The High Court
appoints the judge
4. Courts of Judicial Magistrates of First and Second Class.
The provisions regarding the Courts of Judicial Magistrates are described under sections 11 and 12 of the Criminal
Procedure Code. Section 11(1) of CrPC provides that the Court of Judicial Magistrates of the First Class and the
Second Class must be established in such number and at such places, as the High Court may by notification,
specify. The state government must consult with the High Court. However, these courts are not to be established in
a metropolitan area.
As given in section 11(2) of CrPC, the presiding officers of these courts are appointed by the High Court. Section
11(3) of CrPC also grants the power to the High Court to direct the powers of a Judicial Magistrate of the First
Class or the Second Class on any member of the Judicial Service of the state who is functioning as a judge in a
Civil Court.
5. Court of Metropolitan Magistrates.
The provisions related to the Court of the Metropolitan Magistrates are described under section 16 of the Criminal
Procedure Code. As per section 16(1), the state government is entitled to establish Courts of Metropolitan
Magistrates in every metropolitan area. The state government establishes such courts in such numbers and places,
as the High Court may specify.
6. Executive Magistrates.
Executive Magistrates are appointed by the state government and are known as Special Executive Magistrates. The
term for the appointment is decided by the state government (section 21, CrPC). These are appointed either to fulfil
special needs of particular areas or for serving particular functions in the specified areas.
Powers of Criminal Courts
1. The  Apex Court
The Supreme Court is the ultimate court, at the top of the Judicial system. It has the supreme judicial authority in
our country.
 Federal Court– Article 131 gives the power of original jurisdiction to the Supreme Court, to resolve
the dispute arising between the Centre and the States or between two States.
 Interpretation of the Constitution- Only the Apex Court has the power to settle a question based on
any issue related to the Constitution.
 Power Of Judicial Review (Article 137)- All the laws enacted are subjected to scrutiny by the
Judiciary.
 Court of Appeal – The apex court is the highest court for appeal in India. It has the power to hear
appeals from all the cases lying in the various High Courts and subordinate courts of our country.
2.  The High Courts
 Original Jurisdiction – In some issues, the case can be directly filed in the High Courts. This is
known as the original jurisdiction of the High Court. E.g., In matters related to fundamental rights,
Marriage and Divorce cases.
 Appellate Jurisdiction- The High Court is the Appellate Court for the cases coming up from the trial
court.
 Supervisory Jurisdiction- This refers to the power of general superintendence of the High Court over
the matters of all the subordinate courts.
Section 26 mentions the list of Courts which are eligible to try offences – According to Section 26, any offence
mentioned under the Indian Penal Code may be tried by:
 the High Court
 the Court of Session
 any other Court as specified in the First Schedule of the Code of Criminal Procedure
3. The Sessions Court
The State Government establishes the Sessions Court which has to be presided by a Judge appointed by the High
Court. The High Court appoints Additional as well as Assistant Sessions Judges. The Court of Sessions ordinarily
sits at such place or places as ordered by the High Court.
4. The Magistrate Court
The Magistrate judges are usually appointed by the High Court.
The jurisdiction in case of Juveniles (Section 27)– Any person who is below the age of sixteen years, who is a
juvenile is exempted from the death penalty and punishment for imprisonment for life. The Chief Judicial
Magistrate, or any other Court specially empowered under the Children Act, 1960 (60 of 1960) or any other law
for the time being in force which provides for the treatment, training and rehabilitation of youthful offenders, are
eligible for trying such cases.
Miscellaneous Powers
 Mode of Conferring Powers – Section 32 states that the High Court or the State Governments have
the power by virtue of an order to empower people by their titles.
 Withdrawal of Powers- According to Section 33, the High Court or the State Government, have the
power to withdraw the powers conferred by them under this code.
 Powers of Judges and Magistrate exercisable by their successors-in-office- According to Section
35, subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be
exercised or performed by their successors-in-chief.
Sentences which can be passed by the various courts
1. Sentences which the High Courts and Sessions Judges (Section 28) can pass the following sentences.
 Any sentence authorised by law can be passed by the High Court. 
 An Assistant Sessions Judge has the authority to pass any sentence which has been authorised by law.
Such judge cannot pass a death sentence, life imprisonment or imprisonment for more than 10 years. 
 2. Sentences passed by the Magistrates (Section 29) – The Court of Chief Judicial Magistrate is
authorised to pass any sentence approved by law except for death sentence, life imprisonment or
imprisonment for more than seven years.
 The Chief Metropolitan Magistrate has the powers of that of a Chief Judicial Magistrate as well as
that of a Metropolitan Magistrate, in addition to the powers of the First Class Magistrate.
3. The sentence for default of fine (Section 30)–  According to this section, the Magistrate has the power to pass
imprisonment for default of payment of fine as specified by law. But the following conditions need to be satisfied.
 The term should not go beyond the ambit of the powers of the Magistrate (under section 29).
 The term should not exceed one-fourth of the term of imprisonment which the Magistrate is competent
to award only if imprisonment awarded, is a part of the substantive sentence as punishment for the
offence.
Q2. What are the provision in the criminal procedure code regarding order for maintenance? Who can
claim maintenance under what circumstance the wise not be entitled to get maintenance?
The provisions of maintenance in the Cr.P.C. and the Hindu Adoption and Maintenance Act are independent
reliefs. Although, the right to claim maintenance under the Hindu Marriage Act is an independent right and it is not
being controlled by the Hindu Adoption and Maintenance Act, but the jurisdiction of the Court cannot be ousted on
the plea that the applicant under the Hindu Marriage Act is already getting maintenance under the Hindu Adoption
and Maintenance Act, but while fixing the quantum of maintenance that may be taken into consideration. Under
the Hindu Marriage Act, either spouse can seek maintenance, under the Code of Criminal Procedure and Hindu
Adoption and Maintenance Act, only the wife can claim maintenance.
Provisions under the Code of Criminal Procedure, 1973:
Section 125 of the Code provides that " if any person, having sufficient means, neglects or refuses to maintain....his
wife, unable to maintain herself...a Magistrate of the first class, may, upon proof of such neglect or refusal, order
such person to make a monthly allowance for the maintenance of his wife.
Provided that if such person offers to maintain his wife on condition of her living with him, and she refuses to live
with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order
notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation - "wife" includes a woman who has been divorced by, or has obtained divorce from her husband and
has not remarried.
If a husband has contracted marriage with another women or keeps a mistress, it shall be considered to be just
ground for his wife's refusal to live with him. No wife shall be entitled to receive an allowance from her husband
under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her
husband, if they are living separately by mutual consent.
The provision is secular in nature and covers the right of a wife professing Islam or any other religion. (Shamima
Farooqui Vs Shahid Khan decided on 06.04.2015 by Hon'ble Apex Court and Shamim Bano Vs Asraf Khan
decided on 16.04.2014 by Hon'ble Apex Court).
The sweep of provision has been extended by the Hon'ble Apex Court by observing that strict proof of marriage
should not be insisted as pre-condition for maintenance under Section 125 Cr.P.C. It includes those cases where a
man arid woman have been living together as husband and wife for long period of time (Chanmuniya Vs Virender
Kumar Singh Kushwaha JT 2010 (11) SC 132).
The second wife or a woman living as 'wife' is not entitled to get maintenance. If the marriage is void or
annulled under Section 12 of the Hindu Marriage Act, a wife is not entitled to maintenance. (Krishan Copal Vs
Usha Rani, 1982 Cr.L.J. 901 Del.).
Procedure For Maintenance Under Section 125 CrPC
The procedure for maintenance may be taken against any person:
1. Where such a person resides. or
2. Where he or his wife resides. or
3. Where he last resided (lived) with his wife or with the mother of the illegitimate child.
If a person tries to avoid appearing in court, the Magistrate may hear the case ex-parte. The order of ex-parte may
be set aside if the person shows good cause for not appearing in court. It can be set aside within three months from
the date of the ex-parte order.
Section 125 – Order for maintenance of wives, children and parents
1. If any person having sufficient means neglects or refuses to maintain.-
1. his wife, unable to maintain herself, or
2. his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
3. his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is,
by reason of any physical or mental abnormality or injury unable to maintain itself, or
4. his father or mother, unable to maintain himself or herself,
A Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate
thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such
allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child,
if married, is not possessed of sufficient means.
Explanation – For the purposes of this Chapter-
a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not
to have attained his majority;
b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not
remarried.
Section 126 – Procedure
1. Proceedings under section 125 may be taken against any person in any district-
1. where he is, or
2. where he or his wife resides, or
3. where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
2. All evidence to such proceedings shall be taken in the presence of the person against whom an order for payment
of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his
pleader, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is
proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may
proceed to hear and determine the case Ex-parte and any order so made may be set aside for good cause shown on
an application made within three months from the date thereof subject to such terms including terms as to payment
of costs to the opposite party as the Magistrate may think just and proper.
3. The Court in dealing with applications under section 125 shall have power to make such order as to costs as may
be just.
Who can claim and get maintenance?
Section 125 of Cr.PC 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.
Wife
In the case of Chanmuniya v Virendra Singh, Supreme Court has defined ‘Wife’ and it includes even those cases
where a man and woman have been living together as husband and wife for a reasonably long period of time. Strict
proof of marriage should not be a precondition of maintenance under Section 125 of the Cr.PC.
A wife can claim and get maintenance from her husband in the following conditions:
 She is divorced by her husband, or
 Obtained divorce from her husband, and
 She has not remarried, and
 She is not able to maintain herself.
Note: Muslim wife can also claim maintenance under Cr.PC though they have a separate Act (Muslim Women
Protection of rights on Marriage Act) for them.
A wife can not claim and get maintenance from her husband in the following conditions:
 Wife living in adultery, or
 Refuses to live with husband without any valid reasons, or
 Living separately by mutual consent.
Legitimate or illegitimate minor child
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 Cr.PC.
Daughter
If Minor Daughter (Legitimate or Illegitimate) is unmarried, then she is entitled to get maintenance from her father
and if she is married, then she is also entitled to get maintenance from his father but the magistrate has to be
satisfied that her husband has not essential and sufficient means for the maintenance of his minor wife. In the case
of Shahbuddin v State of UP, a minor daughter attaining majority during the pendency of the application for
maintenance was held entitled to maintenance up to the date of majority.
Legitimate or 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.
Father or mother
 Natural father and mother can claim maintenance.
 Mother includes adoptive mother, she can claim maintenance from adoptive son.
 Father can claim maintenance, it is a statutory obligation, this claim cannot be defeated by pleading
that the father failed to fulfil his parental obligation.
 A childless stepmother can claim maintenance.
In the case of Pandurang Bhaurao Dabhade v Baburao Bhaurao Dabhade, 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.
Essential conditions for granting maintenance
There are some essential conditions which should be fulfilled for claiming and granting maintenance:
1. Sufficient means for maintenance are available.
2. Neglect or refusal to maintain after the demand for maintenance.
3. The person claiming maintenance must be unable to maintain himself/herself.
4. Quantum of maintenance depends on the standard of living.
When can Maintenance can be denied to wife?( under what circumstance the wise not be entitled to
get maintenance)
In this article I will cover 5 grounds with Judgments holding in the field on the grounds how maintenance can be
denied to the wife.
The Five Ground are
1. Wife Living separately without sufficient cause.
2. Wife living in Adultery
3. Professionally qualified wife-Capable of earning
4. Separated by mutual consent
5. Earning wife
Wife Living separately without sufficient cause.
This ground is very simple but needs effective cross examination in this ground the onus is on the wife to explain
that why she is living seperately with the husband.
In the Judgement of Smt Teja Bai Vs. Chiddu Armo Jabalpur High Court it was observed
Wife living in Adultery
Now it is very interesting, the Husband has onus to prove that the wife living in adultery is not entitled to
maintenance. But the interesting thing about this ground is that it is not applicable to divorce wife.
Mariyumma vs Mohammed Ibrahim on 28 June, 1978
Professionally qualified wife-Capable of earning
If wife is capable of earning and is well qualified she is not entitled for maintenance now Three judgments are in
this field.
In a recent Judgement by Delhi Session court filed under appeal u/s. 29 of DV act the court ordered wife to find a
suitable job and held that maintenance order is valid for 1 year only .Case link Rajan Parmar Vs Mamta Parmar
In Padmja Sharma vs Ratan Lal Sharma on 28 March, 2000
Separated by mutual consent
Now if there is an agreement that both spouses are living seperately and will not claim maintainance then this can
be a ground to deny maintainence. But what about cases in which maintainence is granted after mutual consent
divorce
Earning wife
In the Judgement of Chaturbhuj vs Sita Bai on 27 November, 2007
In an illustrative case where wife was surviving by begging, would not amount to her ability to maintain herself. It
can also be not said that the wife has been capable of earning but she was not making an effort to earn. Whether
the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record.
Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C.
Q3. What is difference between the procedure of summon cases and warrant cases.
What are Summons?
Summons means A written notification issued by a civil court requiring that one must appear before the court in
prescribed manner.  It issued by a Court are in writing, in duplicate, signed by the presiding officer of Court or
other officer as the High Court may direct, and shall bear the seal of the Court. Its legal document issued by a
Court on a person involved in a legal proceeding. It severed on a person against whom legal action taken or any
witness of legal proceeding. In the Code of Criminal Procedure, section 61 to 69 deals with summons.
Summon-case?
Summons-case means a case relating to an offence, and not being a warrant-case.
Warrant-case?
Warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for
a term exceeding two years.
Difference between summon case and warrant case
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.
(i) In a warrant-case, a charge is to be framed against the accused. In a summons-case, no charge need be framed;
only the particulars of the offence of which he is accused must be conveyed to him.
(ii) In a warrant-case, after the charge is framed, the accused may plead guilty, and the Magistrate may, in his
discretion, convict him. (S. 241) In a summons-case, if the accused pleads guilty, the Magistrate must record the
plea of the accused, and may, in his discretion, convict him on such plea. (S. 252)
(iii) In a warrant-case, a Magistrate can discharge the accused —
(a) If the complainant is absent; or
(b) If no charge is framed; or
(c) If the offence is compoundable and non-cognizable. In a summons-case, the accused may be acquitted —
(a) If the complainant does not appear; or
(b) On the death of the complainant.
(iv) In a warrant-case, the complainant may, with the consent of the Court, withdraw the remaining charges against
an accused, if he is charged with several offences and convicted on one or more of them. In a summons-case, the
complainant may, with the permission of the Magistrate, withdraw his complaint against the accused.
(v) A warrant-case cannot be converted into a summons-case in the course of the trial. However, a summons-case
can be converted into a warrant-case.
(vi) When the charges reveal both a warrant-case and a summons- case, a warrant-case is to be preferred.
(vii) A charge under a warrant-case cannot be split up into its constituents for trial under a summons -case.
(viii) A Warrant-case comes into the picture when the offence is punishable with death or imprisonment for life, or
imprisonment for more than two years. All other cases are summons-cases. This distinction holds good irrespective
of the question whether summons was issued in the case, or the accused could be arrested without a warrant
Q4. What is public nuisance?
1) Public Nuisance
A public nuisance is defined under Section 268 of the Indian Penal Code, 1860. A public nuisance can be defined
as any act or omission which causes common danger, injury, or inconvenience to the public at large. Offences
against the public are done either by doing something that annoys the whole community or by neglecting 
something required to be done for common good. An act that is committed or an illegal omission   should cause
injury in common.
Illustration: Poisonous gases are released from a chemical factory which is harmful to the residents of that
vicinity. Hence, will amount to a public nuisance.
2) Private Nuisance
Whereas private nuisance can be defined as an interference with the right of an individual to enjoy his property. It
is an act that affects a particular individual or a few individuals and does not affect the public at large.
3 essential grounds that are necessary for the plaintiff to prove private nuisance:
 The plaintiff has a possessory interest in the land.
 The defendant performed an act that interfered with the plaintiff’s use and enjoyment of his property.
 Defendant interference was substantial and unreasonable.
Illustration: X planted a tree in his house, but its roots and branches extend to the house of Y. Hence, it amounts
to a private nuisance.  
Remedies of Public Nuisance
There are 2 kinds of remedies which can be provided:
1) Civil Law 
Civil remedies of public nuisance are mentioned in Section 91 of Civil Procedure Code, 1908.
It states that any wrongful act of a person is affecting the public can be stopped:
 By taking an injunction against its continuance or any other remedy as the court deems fit according to
the case.
 A suit can be filed against such an act either by the attorney in general or two or more persons from the
permission of a court.
2) Criminal Law
Under Criminal law there are three remedies given:
 Under Section 133 and 144 (Chapter X) of the CrPC
It contains a long list of sections in regard to public nuisance. But Section 133 is the most important one; it
provides conditional orders as a remedy for public nuisance. This section empowers a District Magistrate or Sub-
Divisional Magistrate or any other Executive Magistrate to pass a conditional order, on receiving a report from a
police officer after considering the evidence.
 The prosecution will be conducted under IPC (Chapter XIV)
Any person who commits public nuisance which affects the public health, safety and convenience will be liable
under Section 290 of IPC which prescribes a fine of two hundred rupees in cases of public nuisance.
Section 291 of IPC provides for simple imprisonment up to a term of six months or fine or both. This article is
going to focus with regard to CrPC. 
Public Nuisance Causing Some Advantage or Convenience
In the second paragraph of the section, it is stated that a common nuisance cannot be excused on the
ground that it causes some convienence or advantage. This means that it is no defence to a charge of
committing a common nuisance that the act in question was done to prevent or mitigate some harm to the
accused’s interest or to protect his own lands and crops.12 Slaughtering of cattle cannot be deemed to be
a public nuisance, unless the act is done in places and in a manner where it might prove to be a public
nuisance. Mere sale of meat or fish near or on a public road cannot.
be deemed a nuisance though the fact that such exposure is offensive to the religious susceptibilities may
be a matter for executive action.
Passive Smoking
In k Ramakrishnan vs state of Kerala, 14 IT WAS Argued that smoking of tobacco in any form of public
places makes the non-smokers ‘passive smokers’ and thereby causes public nuisance as defined under s
268 of the IPC. The Kerala high court, therefore, was urged to declare smoking of tobacco not only
illegal as it causes public nuisance but also unconstitutional. The high court held that tobacco smoking in
public places in the form of cigarettes, cigars, or beedis falls within the mischief of the penal provisions
relating to public nuisance. Relying upon the right to life guaranteed under article 21 of the constitutional
the high court declared that smoking of tobacco is unconstitutional.
Section 133, Cr.P.C. dealing with public nuisance does not stand impliedly repealed by Pollution
Acts: The area of operation in the Code and the pollution laws in question are different with wholly
different aims and objects; and though they alleviate nuisance that is not of identical nature. They operate
in their respective fields and there is no impediment for their existence side by side.While as noted above
the provisions of Section 133 of the Code are in the nature of preventive measures, the provisions
contained in the two Acts are not only curative but also preventive and penal.
Service or Notification of Order
 The order shall, if practicable, be served on the person against whom it is made, in the manner herein
provided for service of a summons.18 The order shall be served to the person against whom it is made in
the manner provided for service of summons.
 If such order cannot, be so served, it shall be notified by proclamation, published in such manner as the
State Government may, by rules, direct, and a copy thereof shall be struck up at such place or places as
may be fittest for conveying the Information to such person.
 Public Nuisance Private Nuisance
Meaning: Meaning:
According to Section 268 of IPC Public Nuisance Is a Criminal Private Nuisance means any illegal act of omission
Offence.  It means any illegal act or omission causing injury, causing injury or danger to any individual or his
obstruction, danger or annoyance to public in general or public at property in particular.
Large.
Definition: Definition :
A person is guilty of a public nuisance who does any act or is guilty           Private nuisance may be defined as unlawful
of an illegal omission which causes any common injury, danger or interference with another's use and enjoyment of
annoyance to the public or to the people in general who dwell or property or someone's right over or in connection with
occupy property in the vicinity, or which must necessarily cause property.
injury, obstruction, danger or annoyance to persons who may have
occasion to use any public right. (Section 268 Indian Penal Code)
Nature: Nature:
It affects the public at large. It affects only Individuals or determinate body thereof.
Right To sue: Right To sue:
Any public motivated or spirited person or organization or A private individual or his legal representative, to
association can sue. whom or to whose property injury is caused can sue.

Remedy: Remedy:
 Injunction restraining from doing any illegal act or omission.  Damages can also be claimed with injunction.
Short Notes :-1 –Investigation:-
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]
Overview of Procedure of Investigation
Cognizable and Non-Cognizable Offence
The cognizable offence has been defined in Section 2(C) of the Code, wherein a Police officer can arrest without
warrant. The offence is of serious nature and is a public wrong, where the prosecution is done at the discretion of
the state. Punishment is given with imprisonment of 3 years or more and with or without fine. Example – Dowry,
Rape, Murder, etc.
Non Cognizable offence and case have been defined in Section 2 (l) of the Code, wherein the police cannot arrest
without warrant. The offence is less serious in nature and the prosecution is done at the initiative of the parties.
Punishment may be given not exceeding 3 years of imprisonment. Example – Assault, Forgery, Defamation, etc.
Power of Police to Investigate
Section 156 of the code empowers the officer in charge of a police station to investigate a case in his territorial
jurisdiction without the order of the Magistrate if the offence is cognizable in nature. The officer may also initiate
an investigation on the orders of the Magistrate empowered under Section 190.
Cases consisting of both Cognizable and Non-Cognizable Offences
According to Section 155(4), when two or more offences are there in a case, of which at least one is of cognizable
nature, and other of non-cognizable nature, then the entire case has to be dealt as a cognizable case, and the
investigating officer will have all the powers and authority as he has in investigating a cognizable case.
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.
Sending a Report to the Magistrate (Section 158)
A report is sent to the Magistrate which is called the police report. It is sent by the superior police officer, so as to
make the Magistrate aware that a particular case is being investigated by a police officer. The main objective of
sending a report is to enable the Magistrate to control the investigation and give directions if required under
Section 159 of the Code.
The report should be sent to the Magistrate without any delay. In Swati Ram v. State of Rajasthan, it was held that
mere delay in sending the report does not throw away the prosecution case in its entirety.
At different stages of an investigation, different reports are to be submitted by the police to the Magistrate. These
reports are:
Section 157 of the CrPC requires the officer in charge of the police station to submit a report to the Magistrate,
called a preliminary report.
Section 168 of the CrPC requires a subordinate officer to submit a report to the officer in charge of the police
station.
Section 173 of the CrPC requires that a final report is to be submitted to the Magistrate as after the investigation
gets over.
Order of Investigation by the Magistrate
The Magistrate, under Section 159, has been empowered, if he feels necessary, after receiving the report to direct
investigation, or to conduct himself or direct a subordinate Magistrate to hold a preliminary inquiry. And as held
by the Supreme Court, the Magistrate has no power to stop the investigation after it has started.
Short Notes 2-Inquiry:-
Inquiry is defined under Section 2(g) of the Code of Criminal Procedure, 1973 referring to any inquiry other than
trial under this code, conducted by a Magistrate or a Court.
A Trial in every case initiates when the inquiry ends. The work of the police officer under the Code of Criminal
Procedure, 1973 cannot be termed as an inquiry but it is understood as investigation. Section 159 of CrPC (Code of
Criminal Procedure, 1973) explains an order given by the magistrate or Court to make a preliminary inquiry in
order to see whether the offence has been committed and if so, who are the people involved in the same.
The object of the inquiry
Inquiry under CrPC includes events and incidents relating to that offence, it also includes the people related to the
event and their knowledge about that incident or whatever they witness. Inquiry works as an imperative pillar
under CrPC, the main objective of inquiry is to extract valuable information and such information that helps to
prove whether the offence committed was criminal in nature.
Procedure of inquiry 
A brief to section 154
As we have observed in Section 154, that the police officer can only take action and investigate in cases of
cognizable offences. On the contrary, an order by a magistrate is needed to the police officers in order to
investigate non-cognizable offences. 
Procedure of preliminary inquiry (Section 157)
Section 157 of CRPC deals with the procedure of preliminary inquiry which explains that when certain
information about an offence is received by the police officer and the highlighting point of the offence is that it
should be a cognizable offence, so if any information regarding any cognizable offence is received by the police
officer, he is accountable to make the report of it and such report shall be sent to the magistrate of that jurisdiction. 
What is the need to send the report to the magistrate
There are certain reason why the report made by the police officer shall be sent to the magistrate of the jurisdiction
which are as follows:
1. As the district is under the magistrate, it is his responsibility to be aware of all the crime being
committed in the district and ensure speedy disposal of the same. 
2. A magistrate can supervise the investigation and inquiries of the police officer. 
3. If the magistrate finds that the investigation is not being held properly he can also give directions so
that the case can be disposed of easily and justice shall be rendered to all. 
Proviso of Section 157
Provided that:
(a) if the information regarding the case received by any person against any other person and if the offence is not
of a serious matter, the police in charge shall not proceed or may not depute any officer to further carry on any
investigation.
(b) if there is no sufficient reason for investigating, the police in charge shall not investigate the same. 
Information to Magistrate when no investigation occurs
According to the cases in (a) and (b) if there is no investigation held, the reasons for the same shall be mentioned
in the report sent to the magistrate and in the case of (b) the police officer shall inform the person who came up
with information regarding the offence; that no investigation shall take place with the cause of it. 
Short Notes 3-Discharge:-
Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been
maliciously charged. If the allegations which have been made against him are false, this Code provides the provisions for
filing a discharge application. If the evidence given before the Court is not sufficient to satisfy the offence and in the absence
of any prima facie case against him, he is entitled to be discharged.
Essential elements for Discharge
The Court will have to consider the Charge sheet and the Police Report submitted to it by the Police under Section 173,
following are the essential elements:
 The Magistrate may, if he deems fit, examine the Accused.
  Thereafter the arguments of both the Prosecution and the Accused Parties and their versions would be heard
versions.
 Grounds against the accused to be baseless- There should not be any evidence present against the accused. The
Court also has to assure itself that there is no prima facie case against the accused.
Discharge of accused in warrant cases on the basis of a police report
The regular procedure of law is that the police after completing its investigation files the final charge sheet under  Section
173 of the code. Thereafter trial against the accused begins by the concerned Court. However, Section 239 and 227 of CrPC,
provide provisions that before the charges are framed against an Accused person, he can be discharged. However, in warrant
cases only, these provisions can be used by the Accused.
Discharging of accused in warrant case instituted on a police report before Magistrate
The general procedure of law is that the police, after completing its investigation, files the final charge sheet against the
accused. Thereafter the accused is put to trial as the charges are framed against him, by the concerned Court. However, the
Code of Criminal Procedure grants a procedure that states that the Accused person can be discharged before the charges are
framed against him.
Section 239 of the  Code of Criminal Procedure states when accused shall be discharged.
Mandatory cases where Sessions Judge is bound to discharge:
1. Where he is precluded from proceeding because of a prior judgment of High Court,
2. Where the prosecution is clearly barred by limitation,
3. Where the evidence produced is not sufficient,
4. Where there is no legal ground for proceeding against the accused, or
5. Where no sanction has been obtained. 
           Acquittal                   Discharge
A person cannot be arrested for the same case in which he has been A person who has been discharged can be rearrested for
acquitted by the court. further inquiry.
When a Magistrate acts with the less grave offence, it amounts
An acquittal can also be an outcome of the non-appearance of the
to a discharge of serious charge, and the accused can be
complainant or compounding or withdrawal of offence.
commanded to be committed.
An order of discharge means that there is no prima facie
An order of acquittal is a decision that is taken by the court only after evidence against the accused which can justify further inquiry
full inquiry establishing that the accused is innocent. in link to the charge; such order does not prove or establish
anything regarding the guilt of the accused.
An acquittal forbids succeeding trial for the same offence with the same
facts, or for any other offence with the same facts for which different A discharge does not forbid the court from fresh proceedings if
charges made might have been made under Section 221(1) of CrPC new or better evidence is available against the accused.
against the accused.
Section B- Q.1- Explain the special offence in respect of juveniles which are in numerated under juvenile
justice act 1986

Section B- Q.2- Who is juvenile and what is the latest amendment in this regards.
Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law
of the land, can be held liable for his criminal acts. The juvenile is a child who is alleged to have committed
/violated some law which declares the act or omission on the part of the child as an offence.
Juvenile and minor in legal terms are used in different context. Juvenile is used when reference is made to a
young criminal offenders and minor relates to legal capacity or majority. To make the meaning more clear resort
can profitably be made to some other source.
The concept of the juvenile varies from State of State for convenience. In India, until passing of Children Act,
1960 there was no uniformity regarding age limitation of juvenile delinquent. Bombay Children Act 1948 defined
“Child” to mean a boy who has not attained the age of sixteen years or girl who has not attained the age of eighteen
years. The U.P. Children Act defined “Child” as a person under the age of sixteen years.
The East Punjab Act, Andhra Pradesh (Telangana Area) Children Act also prescribed the sixteen years age limit
but included the children who are in certified schools, though they have attained the age of 16 years. Under A.P.
Children Act 1920 “child” means a person under 14 years and when used to reference to send to certified school
applies to that child during while period of detention notwithstanding that the child attains the age of fourteen
before expiration of that period.
The Saurashtra & West Bengal defines a 'child” a person who has not attained the age of eighteen years. Haryana
Children Act has also maintained this difference in defining child as a boy who has not attained the age of sixteen
years and a girl who has not attained age of eighteen years. Juvenile Justice Act, 1986 defined a juvenile or child to
be a person who in case of a boy has not completed age of 16 years and in case of a girl 18 years of age.
The JJA Act, 1986 was repealed by 2000 Act and the distinction with regard to age between male and female
juveniles has been done away with by the Government of India in performance of its obligation to the international
obligations. Now age of juvenile in conflict with law for male and female has been fixed at 18 years. A juvenile in
conflict with law under the JJ (C & P) Act, 2000 is a juvenile who is alleged to have committed an offence and has
not completed 18 years of age as on the date of commission of such offence. Recently under the new Juvenile
justice act, 2015 In case of a heinous offence alleged to have been committed by a child, who has completed or is
above the age of sixteen years, the Juvenile Justice Board shall conduct a preliminary assessment with regard to his
mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the
circumstances in which he allegedly committed the offence.
Need for a new bill / latest amendment in this regards:
After the 2012 Delhi Gang Rape it was found that one of the accused was a few months away from being 18. So,
he was tried in a juvenile court. On 31 July 2013, Subramanian Swamy, a BJP politician filed a Public Interest
Litigation in the Supreme Court of India seeking that the boy be tried as an adult in a court. The Court asked the
juvenile court to delay its verdict.
After the Supreme Court allowed the juvenile court to give its verdict, the boy was sentenced to 3 years in a reform
home on 31 August 2013.The victim’s mother criticised the verdict and said that by not punishing the juvenile the
court was encouraging other teenagers to commit similar crimes. In July 2014, Minister of Women and Child
Development, Maneka Gandhi said that they were preparing a new law which will allow 16-year-olds to be tried as
adult.
Juveniles between 16-18 years apprehended under IPC
Crime 2003 2013
Burglary 1,160 2,117
Rape 293 1,388
Kidnapping/abduction 156 933
Robbery 165 880
Murder 328 845
Other offences 11,839 19,641
Total 13,941 25,804
Changes made in the act:
(1) The bill will allow a Juvenile Justice Board, which would include psychologists andsociologists, to decide
whether a juvenile criminal in the age group of 16–18 should tried as an adult or not.
(2) The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect
of Inter-country Adoption 1993 which were missing in the previous act.
(3) The bill also seeks to make the adoption process of orphaned, abandoned and surrendered children more
streamlined.
(4) The bill introduces foster care in India. Families will sign up for foster care and abandoned, orphaned children,
or those in conflict with the law will be sent to them. Such families will be monitored and shall receive financial
aid from the state. In adoption, disabled children and children of physically and financially incapable will be given
priority. Parents giving up their child for adoption will get 3 months to reconsider, compared to the earlier
provision of 1 month.
(5) A person giving alcohol or drugs to a child shall be punished with 7 years imprison and/or₹1,00,000 fine.
Corporal Punishment will be punishable by ₹10,000 or 3 months of imprisonment. A person selling a child will be
fine with ₹1,00,000 and imprisoned for 5 years.
(6) The bill allows for juveniles 16 years or older to be tried as adults for heinous offences like rape and murder.
Heinous offences are those which are punishable with imprisonment of seven years or more.
(7) The bill mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both
must have at least one woman member each.
(8) The decision to try a juvenile 16 years or older as an adult will be taken by the Juvenile Justice Board, which
will have a judicial magistrate and two social workers as members. If the board decides against it, the juvenile will
be sent for rehabilitation.
(9) The Child Welfare Committees will look at institutional care for children in their respective districts. Each
committee will have a chairperson and four other members, all specialists in matters relating to children.
(10) Any child that found committing any crime will now be send for a preliminary assessment for a period of
three months, up from the earlier one month. A clarification is added that the preliminary assessment is not a trial,
but to assess the child’s capacity to commit the crime.
(11) There will now be proper training of special juvenile units in the police force.
(12) NCPCR and SCPCR will be the nodal authorities to be responsible for monitoring implementation, the
publicity of the amended act, and to look into cases that arise out of the Act.
Section C- Q.1 What are the duties of a probation officer.
Who is a Probation Officer
A probation official is a court officer who regularly meets people sentenced to a supervised probation period.
Generally, these people are perpetrators and lower-level criminals. The majority of the offenders placed on
probation are first time offenders. Placing any one on probation is a way for the court to prevent offenders from
incarceration. Many that are on probation live in our neighbourhoods, stay home, are working or participating in an
educational program, and raise their children. The justice system’s objective is to have a person who is put on
probation as a responsible member of society while retaining contact with his or her family and community support
sources.
Appointment of Probation Officer
Section 13 of the Probation of Offenders Act states about the appointment of Probation Officer:
1. A person appointed by or recognized as a probation officer by the Government of the State.
2. A person to whom a company recognized on behalf of the State Government has made provision for
this reason.
3. Any other person who, according to a court, is fit to act, under the particular circumstances of the case,
as a probation officer in an exceptional case.
Responsibilities of Probation Officer
A probation officer will need to meet, on a monthly or sometimes weekly basis, their client. Based on an
assessment of risk/needs, the probation officer may decide the degree of supervision that a person requires
(minimum, medium or maximum). It helps to determine how much assistance a person requires. Evaluations assess
how a person is engaged in a group, often referred to as their community relations. The assessment also checks
how likely another person will commit more crimes. 
Duties of Probation Officer
Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details concerning the duties of probation
officers that, subject to such conditions and limitations as may be imposed, a probation officer is expected to do:
1. Investigate the circumstances or domestic environment of any person accused of an offence with the
intention, in accordance with any direction of the Court, to help the Court to determine and report the
most appropriately advised approach to his dealing with it;
2. Supervising probationers and other persons under his supervision and seeking suitable employment
where necessary;
3. Counselling and supporting victims in the payment by the Court of penalties or costs;
4. Advice and assist persons released pursuant to Section 4 in such situations and manner as may be
prescribed;
5. Perform the other duties prescribed as may be.
1. Investigation and Surveillance:
A thorough inquiry into the life history and past antecedents of the delinquent is necessary for the purpose of
securing information about his failures or successes. Proper investigation will enable further imposition of
restrictions on liberty of the delinquent in case he does not respond favourably to the reformative processes.
The probationer must be approached psychologically in order to extract as much information from him as possible
about his antecedents and it is on the basis of information so gathered that an assessment about the delinquent’s
chances of reformation through the process of probation can be made. Surveillance is basically the responsibility of
police but Probation Officer’s help and assistance in this police function would be very useful.
2. Supervision and Counselling:
It is neither possible nor feasible to maintain a continuous surveillance over the probationer’s activities. Therefore
supervision over the probation is possible only through field-visits and intermittent contacts.
The Probation Officer should thoroughly acquaint himself with the problems which are likely to impede offender’s
readjustment in society and suggest measures to overcome them. He must actively support the probationer in the
process of his rehabilitation. The probationer should not be made to feel that he is being constantly watched or
supervised.
3. Liaison with the Court:
Yet another important function of the Probation Officer is to act as a liaison between the probation and the Court,
his primary duty in this capacity being to safeguard the interest of the probationer under his charge. He may make
an application to the Court for varying the conditions of probation order or for the discharge of probationer’s bond.
When he finds that the probationer’s progress in adjusting himself to the normal life in society is satisfactory.
4. Decision-making:
While taking decisions about the probationer under his charge, the Probation Officer should bear in mind that his
decisions are of great importance to the offender as they not only affect the latter’s freedom but also have an
impact on the safety of community. These decisions generally involve calculated risks and. therefore, be exercised
with utmost caution and vigil.
5. Probation Officer Pre-sentence Report:
As provided in Section 7 of the Probation of Offenders Act, 1958, the Probation Officer is to submit a Pre-sentence
report containing relevant information about the offender proposed to be released on probation by the Court.
It is on the basis of this report that the sentencing Magistrate/Judge makes up his mind and pass order of sentence
or release of the offender on probation of good conduct. The Pre-sentence report submitted by the Probation
Officer must contain true and factual information regarding the character, personality, family and educational
background, employment particulars, general surroundings and past- antecedents of the offender.
Q.6- What is Juvenile Home, What are the aims and functions of Juvenile home.
Juvenile home means a juvenile detention home (a physically restricting facility used only for the detention of
children) approved by the department of human services or a juvenile shelter care home (a physically unrestricting
facility used only for the shelter care of children) approved or licensed by the department of human services
located in the state of Iowa. “Juvenile home” does not include those facilities that are actually operated by the
department of human services.
 Juvenile shelter homes in India which are strictly made to enforce protection, rehabilitation and restoration of
juveniles seem to have become a disastrous place. The juvenile homes have become homes where inmates, who
are kids below 18 years of age, are subjected to sexual assault on different levels. These kids are however, forced
to live in inhuman conditions are treated very badly in these so-called shelter/ correction homes. Also, there is no
authorized location for these juvenile homes and  are situated anywhere across India, be it a small town or the
national capital.
PURPOSE OF A JUVENILE HOME/Aims of Juvenile Home
1. A Juvenile home is commonly referred to as Juvie, and it is a place for people who are regarded as minority.
People in this category are usually teenagers found guilty of committing an offence.
2. However, they are not qualified to take the same punishment as older adults would. So, what the court would
do in this case, is to send them to a Juvenile home.
3. Sometimes, a Juvenile home is often called a correctional facility, and they are sent here for the purpose of
character reformation and the inculcation of good habits which would make them useful to the society.
4. The court system for Juveniles is however quite different conventional court system.
5. The Juvenile home places focus on providing help to young children and teenagers.
6. They act in their best interest, and they do not take the crime committee into consideration. Rather, they use
this platform to provide assistance and training to ensure that they stop criminal acts.
7. On a normal basis, the court does not charge juveniles, as a normal court process would. Rather, the motive is
to provide reorientation for them.
8. Punishing a Juvenile for a crime would deter from the main purpose of a Juvenile home.
9. A Juvenile court comes with a more informal process, than when contrasted with a conventional court process.
10. If a Juvenile is pronounced guilty of an offence committed, then the person is placed under adjudication which
is a form of hearing.
11. This is often confidential, so that the ability of the Juvenile to be integrated into the society properly, would
not be affected.
12. This is different from a regular criminal court in which the public and juries are present to hear the case. Then
what the judge does is, listen to the evidences presented in court.
13. There are other related forms of punishment that the juvenile would be required to perform. It could be a
detention center, compulsory counseling, community service and the likes.
14. There are a variety of options that Juvenile court judges select from a range of legal options, so that the safety
requirements of the public are met.
Functions and responsibilities of the child welfare committee (Section 30) - 
According to Section 30 of the Juvenile Justice Act, 2015,  The functions and responsibilities of the Committee
shall include -
(1) Taking cognizance of and receiving the children produced before it;
(2) Conducting inquiry on all issues relating to and affecting the safety and well-being of the children under this
Act;
(3) Directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-
governmental organizations to conduct social investigation and submit a report before the Committee;
(4) Conducting inquiry for declaring fit persons for the care of children in need of care and protection;
(5) Directing placement of a child in foster care;
(6) Ensuring care, protection, appropriate Rehabilitation or Restoration of children in need of care and protection,
based on the child’s individual care plan and passing necessary directions to parents or guardians or fit persons or
children’s homes or fit facility in this regard;
(7) Selecting a registered institution for placement of each child requiring institutional support, based on the child’s
age, gender, disability and needs and keeping in mind the available capacity of the institution;
(8) Conducting at least two inspection visits per month of residential facilities for children in need of care and
protection and recommending action for improvement in the quality of services to the District Child Protection
Unit and the State Government;
(9) Certifying the execution of the surrender deed by the parents and ensuring that they are given time to
reconsider their decision as well as making all efforts to keep the family together;
(10) Ensuring that all efforts are made for Restoration of abandoned or lost children to their families following due
process, as may be prescribed;
(11) Declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;
(12) Dealing with cases referred by the Board under sub-section ( 2 ) of section 17;
(13) Co-ordinate with the police, Labour department and other agencies involved in the care and protection of
children with the support of the District Child Protection Unit or the State Government;
(14) In case of a complaint of abuse of a child in any child care institution, the Committee shall conduct an inquiry
and give directions to the police or the District Child Protection Unit or labor department or childline services, as
the case may be;
(15) Accessing appropriate legal services for children;
(16) Such other functions and responsibilities, as may be prescribed.
Q.7- What is confidentially of the report of probation officer?
 The report of a probation officer referred to in sub-section (2) of section 4 or sub-section (2) of section 6 shall
be treated as confidential: Provided that the court may, if it so thinks fit, communicate the substance thereof to
the offender and may give him an opportunity of producing such evidence as may be relevant to the matter
stated in the report.
 Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report of the probating
officer is kept confidential. No Probation Officer’s report is necessary to apply Section 4 of the Probation of
Offenders Act but such report is must under Section 6 of Probation of Offenders Act if the offender is under 21
years of age. However, if such a report is available on the record, under Section 4 of the Act, the Court shall
not ignore it and that the Court shall take the report into consideration.
 The report of the Probation Officer which he submits to the Court is confidential in nature. However, if the
Court in its discretion deems it in the interest of the accused, the contents of the report may be disclosed to the
accused or any other person as the Court directs.
 The report referred to under this section is called Pre-sentence Report, which constitutes the basis for the trial
Court to decide whether to allow the benefit of release on probation to the accused or to sentence him.
 The report is prepared by the Probation Officer after a thorough investigation of the case-history of the
offender which includes his family background, surroundings, level of education, past criminal record and
other antecedents. The section does not make it mandatory for the Court to call for a Presentence report of a
Probation Officer for deciding about the release of accused on probation.
 It, therefore, follows that the Court is not bound by the opinion expressed by the Probation Officer in the Pre-
sentence report. In other words, the Court may accept it or even ignore it at its discretion. But generally the
report helps the Court in making a decision about grant of benefit of probation to the accused who is found
guilty of an offence by the Court.
 As stated earlier, in the case of Abdul Qayum v. State of Bihar, the accused aged 16 years pick-pocketed Rs.
56/-. The Probation Officer submitted a favourable report about the antecedents of the accused. But despite
that report, the Court denied the benefit of probation to the accused and sentenced him to six months’ rigorous
imprisonment because of his association with gangster pick-pockets.
 It may be stated that confidential nature of Probation Officer’s pre-sentence report under Section 7 of the Act,
may sometimes be unnecessarily damaging to the offender and is likely to deprive him of his right to liberty.
On the other hand, if the report is not to be treated as confidential, it may perhaps lead to more dangerous
consequences
 Thus it is bound to affect the true and frank reporting about the offender’s antecedents by Probation Officer to
the sentencing Court. The High Court of Goa in State v. Naguesh G. Govenkar had expressed a view that
consideration of the report of the Probation Officer is a condition precedent for the release of the accused on
probation. Similar view was expressed by the High Court of Mysore in Asstt. Collector of Central Excise v.
Basiklal Chandmal.
 Emphasising the significance of Pre-sentence report Mr. Justice V.R. Krishna Iyer of the Supreme Court (as he
then was ) quoting from an American case, observed in Dilbagh Singh v. State of Punjab as follows:—
 “For a Judge who wants to sentence persons on the best available information rather than on guess work,
inadequate information would undermine modern penological procedural policies that have been cautiously
adopted throughout the nation after careful consideration and experimentation.”
 The requirement of Pre-sentence report is mandatory in case of offenders who are below the age of 21 years
but not considered fit for release on probation under Section 6 (2) of the Act.
 The provisions regarding requirement of Pre-sentence report by the Court for releasing offenders on probation
are to be found in Sections 4 (2) and 6 (2) of the Probation of Offenders Act. Section 4 applies to a person of
any age whereas Section 6 expressly provides a more liberal application of probation law to offenders who are
under 21 years of age.
Q.8- Who are officers who are declared as public servants under the provision of the probation of offender
act 1958? What safe guard of protection has been given to public servants for their action done in good
faith.
Q.9- What is charge .What are the content of charge? Can a charge be altered by the court?
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.
The Court held that the purpose of framing of charge is to give intimation to the accused of clear, unambiguous
and precise notice of the nature of accusation that the accused is called upon to meet in the course of trail. (V C
Shukla Vs State 1979 AIR 962) A charge may be defined as precise formula of a specific accusation made against
a person of an offence alleged to have been committed by him. (Biricch Bhuian Vs Stae of Bihar AIR 1963 AIR
1120).
Purpose of Charge
Under the Code of Criminal Procedure, an accused should be informed of the offence of which he is charged. The
basic purpose of the charge is to let the accused know of the offence that he is charged with so that he can prepare
his defence. The accused should be informed of the charge against him at the very beginning. Every accused has
the right to know what the prosecution has against him.
The underlying principle of the criminal law on informing the accused of the charge against him is to provide an
equal opportunity to each and every individual to prepare his defence and avail justice.
In the case of V.C. Shukla vs. State, Justice Desai, while delivering the conclusive judgement opined, “the
purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the
nature of the accusation that the accused is called upon to meet in the course of a trial.”
Types of Cases Where Charges are Framed 
The question of framing a charge against the accused arises only when the accused is not entitled to a discharge
under Section 277 and 239 of the Criminal Procedure Code. 
Section 277 deals with the discharge of the accused in sessions cases. It states that if the judge, after hearing the
accused and the prosecution and after considering the record of the evidence and the documents submitted herein,
consider that there are not sufficient grounds to proceed against the accused, then the judge shall discharge him and
record the reasons for doing so in writing.
Section 239 of the code deals with the discharge of the accused in warrant cases. It states that the Magistrate shall
discharge the accused if, after considering the police report and the documents submitted under  section 173 of the
Code, comes to the conclusion that the charge against the accused is groundless.
In the following types of cases the charges are framed under the Criminal Procedure Code:
 Sessions cases under Section 228 of the Code;
 Warrant cases instituted on police reports under Section 240 of the Code;
  Warrant cases instituted otherwise on police report under Section 246(1) of the Code.
Content of Charge (Section 211 Crpc)
The initial requirement under the code for a free and fair trial is to inform the accused precisely and accurately, of
the offence he is charged him so as to give him a fair opportunity to prepare his defence.
Section 211 and 212 of the Code prescribe the forms and contents of the charge. However, when the nature of the
case is such that the offence in question cannot be described properly by the particulars as mentioned in the
aforesaid sections, so as to give the accused sufficient notice of the offence with which he is charged, then the
manner in which the offence was committed by the accused shall also be contained in the particulars of the charge.
According to Section 211 of the Criminal Procedure Code, every charge under the code shall include the
following:
 The offence with which the accused is charged;
 If any law gives the offence any specific name, then the description of that charge by that name only;
 The definition of the offence, under the law that does not give any specific name to the offence, so as to give
notice of the matter to the accused of which he is charged;
 The law and the section of the law against which the offence is said to have been committed.
The offence to be stated:-
1. It must state the offence with which the accused is charged.
2. If the law creates the specific name of the offence, the offence must described in the charge by the name.
3. If does not give any specific name, the definition of the offence must be state.
4. The law and section of the law against which the offence is said to have been committed must be mentioned in
charge.
5. The charge must be written in the language of the court.
Illustration (a) of this Section explains the above as follows:
If A is charged with the murder of B, it means that the offence is equivalent to the statement that the act of A fell
within the meaning of the definition of Murder which is mentioned in Section 299 and Section 300 of the Indian
Penal Code (45 of 1860). It also means that the act of A did not fall within any of the General Exceptions which
are mentioned in the Indian Penal Code. It also means that it did not fall in any of the five exceptions to Section
300 or that, if it did fall within Exception 1 or one or more than one of the three provisions to that exceptions
applied to it.
When the court alter or amend a charge (section- 216 Crpc)
The court may alter or add to any charge at any time before the judgment is pronounced in the matter. Every
charge read and explained to the accused. If in the addition or alteration to a charge is that in the opinion of the
court, proceeding immediately with the trail is not likely to be prejudice the accused in the defence or prosecutor in
the conduct of case, the court may in discretion proceed with the trial as if the altered or added charge had been the
original charge.
Court may alter charge.-
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the
opinion of the Court, to prejudice the accused in his defense or the prosecutor in the conduct of the case, the Court
may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or
added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the
Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the
trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is
necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already
obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
Q.10- State the procedure of trail hold by the session’s judge?
What is the procedure of Trial before Session court?
District court referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of
Criminal procedure, 1973. As per section 9 of Code of Criminal Procedure, 1973, the State government establishes
court for every sessions division. The court presided over by a Judge, appointed by the High Court of that
particular state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in
this  court. In India, the Sessions Court has responsibility for adjudicating matters related to criminal cases. The
court takes the responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases.
Trial to be conducted by Public Prosecutor (section 225)
In every trial before a Court of Session, the Public prosecutor shall conduct the prosecution.
Opening case for prosecution ( Section 226)
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.
Discharge (section 227)
After considering the documents and also records of the case. After hearing the statements of accused and the
prosecution.  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.
Framing of charge (section 228)
After consideration and hearing as aforesaid, the Judge thinks that case has ground for presuming that the accused
has committed an offence which is :
1. 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;
2. 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 asked to
confess the offence or crime.
Conviction on plea of guilty (section 229)
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
Date for prosecution evidence (Section 230)
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. On application of the prosecution, issue any process for
compelling the attendance of any witness or the production of any document or other thing.
Evidence for prosecution (section 231)
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.
Acquittal (section 232)
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.
 Entering upon defence (section 233)
 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.
Arguments ( section 234)
The examination of the witnesses (if any) for the defence gets complete. Then the prosecutor shall sum up his case
and the accused or his pleader shall entitled to reply. Provided that where any question of law raised by the accused
or his pleader. The prosecution may submit his statement on such question of law.
Judgment of acquittal or conviction ( section 235)
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.
Previous conviction (Section 236)
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 or section 235.
Q.11- Describe shortly the procedure of criminal court for the removal of public nuisances which are not of
an urgent nature?
Removal of Public Nuisance-Sec 133 of CR.P.C
Section 133 of the Code appears in Chapter X of the Code which deals with maintenance of public order and
tranquillity. It is a part of the heading “Public nuisance”. 
In Vasant Manga Nikumba v. Baburao Bhikanna Naidu (1995) 4 Suppl. SCC 54 it was observed that nuisance
is an inconvenience which materially interferes with the ordinary physical comfort of human existence. It is not
capable of precise definition. To bring in application of Section 133 of the Code, there must be imminent danger to
the property and consequential nuisance to the public. The nuisance is the concomitant act resulting in danger to
the life or property due to likely collapse etc. The object and purpose behind Section 133 of the Code is essentially
to prevent public nuisance and involves a sense of urgency in the sense that if the Magistrate fails to take recourse
immediately irreparable danger would be done to the public. It applies to a condition of the nuisance at the time
when the order is passed and it is not intended to apply to future likelihood or what may happen at some later point
of time. It does not deal with all potential nuisances and on the other hand applies when the nuisance is in
existence. It has to be noted that sometimes there is confusion between Section 133 and Section 144 of the Code.
While the latter is a more general provision the former is more specific. While the order under the former is
conditional, the order under the latter is absolute.
The above position was highlighted in Kachrulal Bagirath Agrawal v. State of Maharashtra (2005) 9 SCC 36).
Scope:
The provisions of Section 133 of the Code can be called in aid to remove public nuisance caused by discharge of
effluents and air discharge causing hardship to the general public. To that extent, the learned counsel for the
appellant is correct in his submission.
The above position is highlighted in State of M.P. v. Kedia Leather and Liquor Ltd. ((2003) 7 SCC 389).
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially
empowered in this behalf by the State Government on receiving the report of a police officer or other information
and on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or
channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the
health or physical comfort of the community, and that in consequence such trade or occupation should be
prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or
explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause
injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the
removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary;
or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as
to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a
conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or
occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent,
structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be
fixed in the order-
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or
occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be
directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or,
if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time
and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not
be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any civil Court. 
Explanation-
A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for
sanitary or recreative purposes.
Q.12- Discuss in detail the provision relating to anticipatory bail provided in the code of criminal procedure
1973?
What is Anticipatory Bail?
When a person granted bail in apprehension of arrest called anticipatory bail. This is an extra-ordinary measure
and an exception to the general rule of bail. When any person has a reason to believe that he may arrested for a non
bailable offence. He may, before arrest, apply to high court Or court of session for bail. The court may direct, if
considers it proper, release him on bail.  The Act contains no provision which specifically authorizes any court to
grant anticipatory bail. Therefore, application has to made under section 498 for Anticipatory Bail. Thus, the court
has wide powers in connection to Anticipatory bail.  Also can exercised by both the High Court Division and the
Court of Session in any case without any limitation.
Direction for grant of bail to person apprehending arrest (section 438)
Sub section 1 of section 438
When any person has a reason to believe that he may arrested for a non bailable offence. He may, before arrest,
apply to high court Or court of session for bail. The court may direct, if considers it proper, release him on bail.
The Court may, after taking into consideration, inter-alia, the following factors :
1. the nature and gravity of the offence;
2. the antecedents of the applicant including the fact as to whether he has previously undergone
imprisonment on conviction by a Court in respect of any cognizable offence;
3. possibility of the applicant to flee from justice; and.
4. where the accusation has made with the reason of injuring or humiliating by way of arrest. Either
reject the application or issue interim order for grant of Anticipatory bail.
Provided that if the High Court or court of session, has not passed any interim order or rejected the apllication.
Then the police in charge can arrest the person without warrant on the basis of the accusation apprehended.
1A. Where the Court grants an interim order, it shall sent the notice along with copy of such order to Public
prosecutor. It shall served within 7 days from the date of order.  So that Public prosecutor will have reasonable
opportunity to present his side when the application heard by the court.
1B. The applicant should compulsorily present for seeking anticipatory bail. The presence of the applicant
seeking anticipatory bail shall obligatory at the time of final hearing of the application and passing of final order. If
on an application made to court by the Public Prosecutor, the Court considers such presence necessary in the
interest of justice.
Sub section 2 of Section 438
When the High Court or the Court of Session directs that it may include such conditions in such directions in the
light of the facts of the particular case, as it may thinks fit, including a condition that
1. the person shall make himself available for interrogation by a police officer as and when required;
2. person shall not, directly or indirectly, make any inducement, threat or promise to any person who
can disclose the facts of the case to the court or police officer;
3. the person shall not leave India without the previous permission of the Court;
4. such other condition as imposed under Sub-Section (3) of section 437, as if the bail were granted
under that section.
Sub section 3 of Section 438
If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation,
and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall
be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the
first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court
under Sub-Section (1).
What is the need for such a provision?
The object of Anticipatory bail to prevent behind such a provision is to prevent those falsely implicated in criminal
cases to be subject to jail-time. The main factors considered while granting prayers for anticipatory bail are that:
 The full and free investigation of the offence should not be hampered.
 The accused must not be subject to harassment and unjustified detention.
Conditions under section 438 of the code involve the following things.
 The applicant filing for the anticipatory bail shall have the reasonable apprehension of getting arrested
 The arrest of such person shall be in respect of the accusation of him committing non-bailable offence
or cognizable offence and the courts having competent jurisdiction shall direct that in the event of the
arrest the person shall be released.
Following conditions are imposed on the person seeking the anticipatory bail by the courts having
competent jurisdiction
 It is the duty of the person to appear or make himself available whenever required by the police
officials for the investigation.
 He must not induce or threat for dissuading him from disclosing facts of the case.
 The applicant shall not go outside the territory of India without taking the prior permission of the court.
 Or if the following conditions stated in point one and two are fulfilled and such person is ready to give
bail, he should be released from custody subject.
Amiya kumar v. state of west Bengal 1978 Cri.LJ 288
In the instant case, it was held that section 438 of the code empowers both the high court and the session’s court to
grant the anticipatory bail. Both the high court and the Sessions court have the competency to grant this bail. If the
Sessions court rejects the petition filed by the applicant for the anticipatory bail then he can’t file the petition for
the same in the high court.
D.R. Naik v. the State of Maharashtra, 1989 Cri.LJ 252
In the instant case, it was held that if a person files an application for anticipatory bail and it is rejected by the
sessions court, this will not put the bar over the person filing the petition to approach High court. But if the person
first approaches the high court and the petition filed by him gets rejected, then he can’t approach the session’s
court for filing the petition on the same ground.
Q.13- Aim and objective of probation of offender act?
Aim and Objective of Probation
The main aim and objective of probation is to permanently reform the lawbreakers. It involves moulding the habits
into constructive ways by rehabilitation and reformation. The objective is to give a chance to the anti-social person
to willingly cooperate with society. This will also give him social protection and security. It is a substitution for
imprisonment. Imprisonment will not always serve the purpose of eliminating crime. The object of Probation Law
is more to reform the offender than to punish him. This is what we generally call Probation. Simply, it can be
understood as the conditional release of an offender on the promise of good behaviour.
The aim of this Section was to reform the young offender who might have committed the crime under the influence
of bad company or ignorance. The object is to remould and save them from the hardened criminals who might
distract them to the path of crimes. This Section also helps the persons of mature age who may have committed the
crime in influence. They are expected to be good citizens of the country. 
Statutory provisions under the Act
The provision is broadly classified into procedural and substantive general laws dealing with probation of the
offenders.The first provision to deal with probation was in Section 562 of the Code of Criminal Procedure,1898.
After the amendment in 1973, the probation was dealt with in Section 360 of the Code of Criminal Procedure. This
Section says that if:
1. Any person who is not below twenty-one years and is convicted of a crime for which the punishment is
imprisonment for seven years or is convicted for an offence punishable with fine.
2. Or any person who is below twenty-one years or if any women convicted of an offence not punishable
with imprisonment of life or death and no previous conviction is proved against the offender.
3. And appears before the court, regardless of the circumstances in which he has committed the offence,
the court might release the offender on the promise of good conduct.
In this case of Jugal Kishore Prasad v. The State of Bihar, the Supreme Court stated that the aim of the law is to
deter the juvenile offenders from turning into obdurate criminals as a result of their interaction with seasoned
mature-age criminals in case the juvenile offenders are sentenced to incarceration in jail
Admonition
Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to release the offender after
admonition. An Admonition, in literal terms, means a firm warning or reprimand. Section 3 says how the offender
is benefited on the basis of admonition after satisfying the following conditions: 
 When any person is found guilty of committing an offence under Section 379 or Section 380 or Section
381 or Section 404 or Section 420 of the Indian Penal Code,1860 or any offence punishable with
imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code, or
any other law
 An offender should not previously be convicted for the same offence.
 The Court considers the nature of the offence and the character of the offender. 
 The Court may release the offender on probation of good conduct applying Section 4 of the Act,
instead of sentencing him.and,
 The Court may release the offender after due admonition, instead of sentencing him.
Case laws
1. Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC 291 – In this case, the appellant was an
employee of the Railways at the Paldhi Railway Station. He abetted the execution of a charcoal theft
crime committed by Bhikan Murad in the case before the Special Judicial Magistrate First Class
(Railways), Bhusawal, on the charges of charcoal stealing.
Probation on good conduct 
Section 4 of the Probation of the Offenders Act,1958 talks about the release of the offender on the basis of good
conduct. It is a very important Section of the Act. The important points that must be remembered for the
application of this Section are: 
 Section 4 of the Act is not applicable if the offender is found guilty of an offence with death or
imprisonment for life.
 The Court has to consider the circumstances of the case including the nature of the offence and the
character of the offender.
 The court may pass a supervision order to release the offender on probation of good conduct. The
supervisory period is not to be shorter than one year. The probation officer must supervise the
individual for such a span in such a situation. In the supervisory order, the name of the probation
officer should be listed.
 The Court can direct the offender to execute a bond, with or without sureties, to appear and receive
sentence when called upon during such period which should not exceed a period of three years. The
court may release the offender on good behaviour.
Case laws
1. Smt. Devki v. The State of Haryana, AIR 1979 SC 1948  – In this case, it was observed that Section 4
would not be extended to the abominable culprit who was found guilty of abducting a teenage girl and
forcing her to sexual submission with a commercial motive. 
Cost and compensation
Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released under Section 3 or Section
4 of this Act, even then the court might order: 
 The offender to pay compensation to the victim for the loss or the injury occurred to him. Or 
 Cost of the proceeding as the court may think reasonable.
Case laws
1. Rajeshwari Prasad v. Ram Babu Gupta, AIR 1961 Pat 19  – The amount of compensation is purely on
the discretion of the court to grant if it thinks it is reasonable in the case. Thus, deciding the amount of
compensation, it is solely the court’s discretion to require payment and costs where it finds.
Report of probation officers
Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report of the probating officer is
kept confidential. No Probation Officer’s report is necessary to apply Section 4 of the Probation of Offenders Act
but such report is must under Section 6 of Probation of Offenders Act if the offender is under 21 years of age.
However, if such a report is available on the record, under Section 4 of the Act, the Court shall not ignore it and
that the Court shall take the report into consideration.
Salient features of the Act
The most important salient feature of the act is
1. The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by rehabilitating them
in the society and avoiding the progression of juvenile offenders into obdurate criminals under
environmental control by locking them in prison with hardened criminals.
2. This seeks to release first offenders, following proper admonition or notice with advice who are
suspected to have committed an offence punishable under Section 379, Section 380, Section 381,
Section 404 or Section 420 of the Indian Penal Code and even in case of any crime punishable with
incarceration for not more than two years, or with fine, or both.
3. The Act demands that the Court can order such compensation and the costs of the prosecution for
reimbursement by the accused as it finds fair for the damage or injury to the victim.
4. This Act empowers the Court to free those prisoners on probation in good behaviour if the crime
supposedly perpetrated is not punishable by death or imprisonment for life. He will, therefore, be kept
under control.
5. The Act gives the Judge the right to modify the terms of the bail after a prisoner is placed on probation
with good behaviour and to prolong the probation period not to exceed three years from the date of the
initial order.
6. The Act offers extra protection for people under the age of twenty-one to prevent sentencing him to
prison. However, a person found guilty of a crime punishable by life imprisonment can not have this
clause.
7. The Act empowers the Court to grant a warrant of arrest or summons to him and his guarantees
compelling them to appear before the Court on the date and time stated in the summons if the
defendant placed on bail refuses to comply with the terms of the bond.
8. Under the terms of this Act, the Act empowers the Judge to try and sentence the defendant to jail. The
High Court or any other Court may even make such an order when the case is put before it on appeal or
in revision.
9. The Act offers a significant function for probation officers to support the Court and oversee the
probationers under its supervision and to guide and support them in seeking appropriate work.
10. The Act applies to India as a whole except for Jammu State and Kashmir. This Act shall come into
force in a State on such date as the Government of the State may designate, by notice in the Official
Gazette.