2-2-22

HISTORICAL DEVELOPMENT OF CRPC, 1973

➔ Root of this particular law can be traced back to the historical period.
➔ The Stone Age had no differentiation between living and non-living beings.
➔ Animals were punished for committing acts against humans.
➔ Gradually law evolved that merely punishing a particular animal would not work and
thus, the law changed.
➔ In the Vedic period, the principles of dharma guided the law in settling the disputes but
no place for mens rea.
➔ The law was based on the wisdom and thinking of the kings and thus, had no concept of
amendments.
➔ Amendments only took place with the change of the kings.
➔ In the 11th-16th century- conflict arose between Hindu and Muslim kings to apply the
rule of law.
➔ In the British era: they were not interested in introducing the law especially in the arena
of religious principles.
➔ In 1857- Mutiny War: the First Criminal Procedure Act was introduced: 1852-1865.
➔ In 1861- the Criminal Procedure was introduced.
➔ These laws will not cause any changes in the religious principles.
➔ After 1857- Lord Cornwallis reformed the existing law.
➔ The first uniform procedural law was introduced in India in 1882- the procedure which
was given under criminal proceedings applicable from the lower courts.
➔ The Governor General had the power of drafting laws; this was changed in 1882 which
mandated the courts to settle law and lay down the procedure.
➔ Enforced on 1st April, 1974.
➔ Earlier procedural laws were only applicable in particular territories.
➔ Part III of the Constitution provided that Article 20, 21, 14, 19- are the mechanisms of
core values of the Fundamental Rights which reflect the Judicial Administration.
➔ The person is bound to follow the laid procedure.
➔ The laid down procedure needs to be checked in light of the fundamental rights and thus,
the Kapoor Committee was set up.
➔ In 1969- Basic Consideration Report: Recommended by KAPOOR COMMITTEE.
- Fair Trial and the Principle of Natural Justice.
- To Avoid Delay in Investigation.
- Procedure should not be complicated: Third Recommendation.
➔ Fair Trial and the Principle of Natural Justice were the First recommendations.
➔ The Kapoor Committee recommended the Fair Trial and Principle of Natural Justice
because the accused person was not getting the proper rights for the disposal of justice.
➔ To Avoid Delay in Investigation: Second Recommendation- Section 169 and 170
mandates early execution of investigation; however, there was considerable delay in the
investigation process leading to denial of fair trial and non-adherence to the principle of
natural justice.
➔ Procedure should not be complicated: Third Recommendation- the Court of law
should keep the procedure as comprehensible as possible.
➔ Section 41 and 42 of Ipc and Local and Special Jurisdictional Powers do not affect the
Crpc laws and are thus not applicable.
➔ Chapter 8, 10 and 11 are not applicable in Nagaland and Tribal Areas but the State
governments have the power to apply the same with certain modifications.
➔ It is an adjective and a procedural law.
➔ It is applicable to all offences of IPC and all offences need to be investigated.
➔ Salient Features:
- Uniform organisation of criminal courts.
- Fair Trial is a paramount concern of the Court of Trial.
➔ Fair Trial is the Protection of the accused from punishment and arbitrary detention with
free legal aid that will lead to the principle of natural justice.
➔ Objectives:
- Opportunity for the accused for a fair trial.
- To prevent delay in investigation.
- Provides the attendance of person witness summoned by warrants. The accused
has the power to raise objections from the witness.
- The detailed scheme of judicial administration.
3-2-22
DEFINITION CLAUSE

➔ The criminal procedure which is supposed to be followed by all the agencies for the
administration of the criminal justice system.
➔ It should not go beyond article 21 of the constitution.
➔ The offences are broadly categorised:
- Bailable and Non-Bailable
- Cognizable and Non-Cognizable.
➔ Section 2a: Bailable Offences- Bailable as mentioned in the first schedule. The granting
of bail depends upon the jurisdiction of the court.
➔ Case Law:
- Rasiklal v. Kishore Khanchand Wadhwani AIR 2009 1341.
➔ Non- Bailable offences- granting or rejecting the bail is the sole discretionary power of
the court of law.
➔ Section 436-437 onwards: there are different kinds of provisions in relation to bail.
➔ Section 436- duty of the court in bailable offences to convey the accused the right to get
bail either on surety or non-surety.
➔ Person is in custody for non-bailable offences.
➔ In bailable offences the person in custody will be given the access to the right to get bail.
➔ Two types of Custody:
- Police Custody Remand- person is kept in police lockup.
- Magistrate Custody Remand- The person is kept in the jail.
7-2-22
BAILABLE AND NON-BAILABLE OFFENCE

➔ Section 2a- it is the matter of the right of the accused person to get the bail in the bailable
offence.
➔ In a non-bailable offence- the person may be released on the basis of the personal bond.
In a non-bailable offence, if the accused is a habitual offender, then the accused is not
released.
➔ Case Laws:
- Rasiklal v. Kishore Khanchand Wadhwani AIR 2009 1341- in two situations- the
court is bound to release the person in a bailable offence. In a non-bailable
offence, the court holds a discretionary power. The offence, the nature and gravity
of the offence, mens rea, habitual offender and the participation of the accused are
the factors that determine the bail of the person. Such factors need to be
reasonable in nature.
- Sona Goyal v. Vipul Nagpal- bailable offence where there is an absolute right for
the person to get a bail.
- Basheer M. v. The State of Kerala- Kerala HC held that the right of the accused
has to be given utmost priority and supremacy. It is the duty of the court to
provide bail to the accused so far as the bailable offence is concerned. The court
will impose certain conditions in the interest of the victim but will not deny the
accused the right for bail in a bailable offence.
- Stefan Mueller v. State of Maharashtra-
➔ Surety- the person who takes the responsibility on part of the accused and takes the
assurance on his or her behalf.
➔ Section 2b: Charge- an accusation made at a person in response to the offence. It is the
initial stage of the judicial proceedings. It is basically an allegation which discloses the
involvement of a person in a particular offence.
➔ Case Laws:
- V.C. Shukla v. State 1980 AIR 962- a charge is a legal notice to the accused
describing the nature of the offence and the facts for which the accused is called
for the trial.
9-2-22
➔ Charge is nothing but a kind of accusation made by the person in a court of law based on
facts and evidence.
➔ It is an allegation made by the court of law against the accused person where the court is
under the assumption that the offence is committed by the accused person.
➔ Section 211- how the charge is levied on an individual.
➔ Based on the investigation report, the court frames charges against the accused.
➔ It is the final police report that defines the offence of the accused, thereafter, the court
makes a scrutiny of all the documents.
➔ Either the person is acquitted or if the offence is proven beyond reasonable ground, then
the person is found guilty.
➔ Case Law:
- V.C. Shukla v. State 1980 AIR 962- a charge is a legal notice to the accused
describing the nature of the offence and the facts for which the accused is called
for the trial. The court gave the notice about the involvement of the accused in a
particular offence.
- Illustration: X kills Y, police records the offence then the court scrutinizes all the
doucments and concludes the offence of murder. The section stated by the police
is based on facts, while the court frames charges on the basis of all the documents
and then thereby, accuses an individual under particular sections of law.
- Rajesh Yadav v. State of UP, 2020- the court observed that the investigation report
submitted by the police is not a substantive element to rely on to charge an
individual for an offence. Such reports are only to assist the work of the judiciary.
The court has to uphold the policy of Fair Trial and Fair Justice.
➔ Defining factors of Cognizable and Non-Cognizable offence:
- First Schedule
- Stipulated under any Local Law
➔ Section 2c: Cognizable Offence- first schedule cognizable offences. An offence for which
a “cognizable case” means a case in which a police officer in accordance with the first
schedule or under any law, arrests any person or the accused without a warrant.
➔ A FIR is lodged and the accused is arrested when the offence is a cognizable offence.
➔ Non- Cognizable Offence- first schedule cognizable non-cognizable offences.An offence
for which a “cognizable case” means a case in which a police officer in accordance with
the first schedule or under any law, cannot arrest any person or the accused without a
warrant and the permission of the magistrate.
➔ If the police arrests an accused for a non-cognizable offence, it leads to illegal detention
giving rise to an appeal under Article 226 in the Court of Law by issuing the Writ of
Habeas Corpus.
10-2-22
➔ Section 2d: Complaint- an allegation made orally or in writing to a magistrate. It does not
include a police report.
➔ It is a report made by the police officer for a particular case in a non-cognizable offence.
➔ No prescribed form of complaint. However, the court considers the oral form of
complaint in the Court of Law.
➔ Reports submitted by the Police are known as the Charge Sheet under Section 143.
➔ Sometimes or during the course of recording the FIR, the police officer observes that
prima facie the accused has committed a cognizable offence and lodges the FIR. Now, if
under any circumstances, the facts do not qualify as the cognizable offence, the
non-cognizable offence report shall be submitted and the police officer shall be recorded
as the complainant.
➔ A complaint in a criminal case is a plaint in a civil case.
➔ Requisites of a Complaint:
- Oral or Written Allegation of an offence under purview of criminal wrong.
- Right to file a complaint against a known or unknown person.
- All the complaints must be made to the Magistrates. Territorial Jurisdiction and
the Jurisdiction in particular to the offence. The State government already
demarcates the jurisdiction of the offences.
- The complaint must be made with the object. The court will decide the case on the
basis of the facts and evidence.
- No prescribed form of a complaint.
- The word complainant and informant cannot be used interchangeably. Information
can be given by anybody. The person informing is in no way concerned with the
offence. However, the complaint is always made by the person who is the victim
and the person is himself or herself involved in the offence.
➔ Section 2e: High Court.
➔ Section 2f: India.
➔ Section 2g: Inquiry- investigation is made by a police officer but the inquiry is different
from investigation. It means every inquiry other than the trial always conducted by the
Magistrate or the Court.
➔ It means all the procedures from lodging of the FIR to the Trial shall amount to an
Inquiry. It is a Judicial act.
➔ Case Laws:
- Vijay Dhanuka v. Najma Mamtaj 2014 14 SCC 638.
12-2-22
➔ Inquiry differs from case to case and person to person.
➔ Specific inquiries are made under Section 202 of the Crpc.
➔ In an inquiry, the judges are not supposed to make an investigation.
➔ The police officers conduct the investigation and the judges conduct the inquiry.
➔ Once the chargesheet is filed in the Court of Law, then the inquiry shall be conducted by
the Court of Law.
➔ Magistrate is supposed to do the inquiry in connection to the offence.
➔ Section 2h: Investigation- it includes all the proceedings of the Court for the collection of
the evidence.
➔ The information given to the police station is a fact. The evidence is collected showing
the connectivity of the offence and the accused which is then documented and the same is
known as the evidence.
➔ Such evidence is proved which aids the Court of law in announcing the sentence.
➔ Differences between Inquiry and Investigation:
- Inquiry is done by the Magistrates while Investigation by the Police Officers.
- Inquiry is related to the determination of truth while investigation is connected
with the collection of evidence.
- Inquiry is a judicial process while Investigation is a non-judicial process since
police officers are not the judicial authority.
- Former is a second stage followed by the investigation while the investigation is
the primary stage.
- An oath is necessary before the inquiry while no oath is necessary for the
investigation.
➔ Section 2i: Judicial Proceeding- inclusive of inquiry and the trial and not investigation. It
covers the entire process of the proceeding where evidence may or may not be taken for
the oath.
➔ Section 2j: Local Jurisdiction- High Court has territorial jurisdiction over the state. For
the convenience of judicial activity, the district is divided in sessions while the district is
headed by the District and Sessions Judge. The High Court holds the power in
adjudicating and regulating the territorial jurisdiction for the sake of the business.
14-2-22
➔ Section 2k: Metropolitan Area- declared a metropolitan area under Section 8.
Metropolitan Area declared by the state government for population exceeding 1 million,
so far only 4 metropolitan areas exist- Bombay, Calcutta, Madras and the City of
Ahmedabad having a metropolitan court.
➔ Section 2l: Non-cognizable offence- police have no authority to arrest without a warrant.
➔ Section 2m: Notification- published in the official gazette.
➔ Section 2n: Offence- crime is a general term while offence is a specific term. Section 40
of IPC specifically speaks about the offences which are punishable under IPC, while
Section 2n speaks about the offences which are punishable under any law where crpc is
applicable as a procedural law.
➔ Section 2o: Officer in charge of a police station- hierarchy of police officials: Police
Inspector is the incharge of the police station. State governments divide the police
stations in four categories: A, B, C and D category police stations.
➔ Case Law:
- Sunita Kumari Case.
➔ Investigative officers shall be called upon rather than the Police Inspector since IO
controls and supervises the investigation.
15-2-22
➔ Section 2o to Section 2y- talks about the investigation procedure commencing at the
police station and the supervision led by the Inspection Officer.
➔ During the collection of evidence, if the police officer finds that certain criteria are not
fulfilled as per the offence in the facts, in that case, the police officer will file a charge
sheet as per the evidence.
➔ A police report is a kind of exercise done by the police officer submitted by the police
officer to the magistrate.
➔ As per the territorial jurisdiction of the Police and the Magistrate, the police is required to
submit a charge sheet to the magistrate.
➔ The magistrate scrutinises the documents and the evidence decides on the offence and the
punishment as such.
➔ The magistrate also decides upon whether the court has the jurisdiction over the case or
not as per the territorial jurisdiction.
➔ Appropriate court is the court where the case is pending.
➔ Offence against human body or more particularly against women and children especially
sexual offences, the amount of fine is such that to mitigate the medical treatment of the
victim.
17-2-22

HIERARCHY OF COURTS

➔ Additional Sessions Judge- additional sessions judge and sessions judge are on equal
footing.
➔ The Assistance Sessions Judge has the power to try the cases with punishment for more
than 10 years.
➔ Chief Judicial Magistrate- is a boss of all the judicial magistrates of first class and second
class. The CJM has the administrative powers. Even the powers to pass the sentence for 7
years.
➔ Judicial Magistrate of First Class- lowest court.
➔ Metropolitan Courts- Section 8: as many courts as decided by the Chief Magistrate. Will
work under the Sessions and District Judge.
21-2-22
ADMINISTRATIVE AUTHORITIES OR EXECUTIVE MAGISTRATES

➔ At the state level, the administration is headed by high officials.

➔ The state is run by the District Magistrate in civil and criminal matters with
Sub-Divisional Magistrates who are the subordinate to the DM and administer the
divided territories.
➔ Taluka is headed by the Tahsildar with certain departments.
➔ In criminal law, Section 107, 133, 144- the powers are administered to the Executive
Magistrate.
➔ Pancharnama- a statement or a kind of a draft recorded by a person in the presence of a
witness.
➔ If any person dies under abnormal circumstances, then at that particular place, the police
ask the Magistrate for the investigation of the case.
➔ Section 32 of the Indian Evidence Act.
➔ Section 107- any information conveyed to the concerned Executive Magistrate, the call
can be taken by the inspecting officer.
➔ The Executive Magistrate has the right to arrest the person without a warrant where the
individual has committed a cognizable offence.
➔ In special circumstances where the Judicial Magistrate is absent, then the Executive
Magistrate has the right to hear.
➔ A Sub- Divisional Magistrate is the head of an area appointed by the State Government
working under the supervision of the District Magistrate.
➔ These authorities have civil powers and have the powers of the civil courts pertaining to
the trial.
➔ In criminal cases, such authorities are allowed to impose fines only.
➔ The District Magistrate has the power to sentence only in civil imprisonment for 7 days
and not in criminal cases.
➔ Civil Imprisonment- particular person will not be kept in jail and
➔ District Magistrate> Sub-Divisional Magistrate> Executive Magistrate- appointed by the
State government and governed by the same.
➔ Section 21- Special Executive Magistrates: the state government appoints for specific
purposes.
➔ Section 22.
➔ Section 23.
➔ Section 24: Public Prosecutor- appointed and nominated to act on behalf of the state to
represent the case in the lower court or supreme court of India. The number of
appointments of public prosecutors is dependent on the Central government.
➔ State Public Prosecutors- the state government may appoint a public prosecutor also an
Additional Public Prosecutor.
22-2-22

➔ Section 25A
➔ Section 26.
➔ Section 27.
➔ Section 28.
➔ Section 29.
➔ Section 30.
➔ Section 31.
23-2-22

➔ Section 154: FIR- once the FIR is recorded, it cannot be modified or changed or altered.
➔ Accurate date and time is necessary to report in regards to the commission of the
offence.
➔ Station diary is normally maintained by every police station where it is simply a long
book where they note all the minute details of all the activities of the police station.
➔ Informant is the person who gives the information to the particular police station.
However, sometimes, the informant does not disclose the identity.
➔ Reasons for delay in filing the FIR.
➔ Details of the FIR.
24-2-22

➔ The particular intention must be reflected while informing the FIR.

➔ The quantum of delay in reporting the FIR is determined by a number of factors.
➔ The number of factors is mentioned for the delay in the FIR, therefore, the court is more
concerned about the determination of the offence and not the delay of FIR.
➔ Property Stolen- all the details of the property should be mentioned.
➔ Section 174 of CrPc- Inquest of Report: if any person dies by any unnatural means of
death, in that circumstance, the police may request the Executive Magistrate to assign the
investigation.
➔ Inquests are always done before the body of the Post Mortem.
➔ Case Law:
- Parmanand Katara v. Union of India- right to immediate medical trial. In this case
the doctors demanded that the inquest report should be completed first for the post
mortem.
➔ Identification- the person needs to be recognised and in case of no identification, the
body is left as no-identification.
➔ The copy of the FIR has to be submitted to the nearest magistrate having the jurisdiction.
➔ The person has the right to take the copy of an FIR. It is the duty of the police officer to
provide the informant the copy of the FIR free of cost.
➔ As soon as possible, the police officer is bound to submit the FIR to the nearest court.
➔ District Control Room- information of all the police stations in a district. The same
information is shared with the Ministry of Home Affairs.
26-2-22
➔ Section 154- no bar on an individual to file an FIR on anybody. FIR shall be recorded on
a blank page with all the details and proofreading and then update the same in the FIR
book.
➔ The Amendment of 2013 Act- information given by a woman on sensitive issues shall be
recorded by a woman police officer.
➔ Judicial Decisions:
- Lalita Kumari v. Govt. of Uttar Pradesh and Ors. AIR 2014 SC 187- Constitution
Bench
Principle- duty of the police officer to register an FIR in a cognizable offence.
Conclusion-
- Registration is mandatory in Section 154 of Crpc and in a cognizable
offence, no preliminary inquiry is required.
- No certainty on cognizable offence; preliminary inquiry is necessary to
identify whether the offence is cognizable or not.
- Identification of an offence as preliminary mandates the police officer to
record the FIR.
-
2-3-33
➔ Sakiri Vasu v. State of U.P and Ors. AIR 2008 SC 907:
- Power of the magistrate to direct the registration of the FIR.
➔ T. T. Anthony v. State of Kerala AIR 2001 SC 2637:
- Only the earliest information regarding the commission of the offence shall be
treated as the FIR.
- No second FIR to be recorded.
- No alterations.
- Once the FIR, always the FIR.
➔ Section 190- cognizance of offence by magistrates.
➔ Section 156- police officer’s power to investigate cognizable offence.
- Upon receiving the complaint.
- Upon receiving a police report.
➔ When the magistrate passes the order under Section 156, the police officer has no
authority to deny the investigation of a non-cognizable offence.
➔ Youth Bar Association of India v. Union of India:
- Mandatory copy of the FIR to be given to the accused.
3-2-22
➔ Section 155- information related to non-cognisable offence and investigation of such
cases.
➔ Evidentiary value of FIR- when the story is corroborated with the facts of the cases and
that all the information should be veracious in nature.
➔ Section 156- Police Officer’s power to investigate cognisable offences: all police officers
are entitled to investigation and do not require the permission of the magistrate in the
investigation of the cognisable offences.
➔ Section 157- Procedure of Investigation- police report is prepared.
➔ Panchnama- Panch means witness while nama means statement.
➔ 2009 Amendment Act- rape victim shall record the statement in the residence or a spot as
per their will.
7-3-22

➔ Rights of the Accused: Right to know, Right to hear before a magistrate.

➔ Section 41- When police may arrest without warrant: the word “may” denotes a
discretionary power to the police officers to either arrest or not arrest the accused.
➔ The extradition treaty provides that the person who after committing a crime moves to a
foreign nation, the person can be arrested as per the extradition treaty.
➔ In non-cognisable offences, the police officer has no right to arrest the accused as per
Section 41.
8-3-22
➔ The police officer can arrest the accused only after filling up the details of the
Panchnama.
➔ The determination of the accused as Dangerous is based on the conduct and the injuries
caused to the victim.
➔ Section 41A: Notice of appearance before the Police Officer.
➔ Section 41B: Procedure of arrest and duties of officer making arrest.
➔ Section 41C: District Control Room:
- DK Basu Case- District Control Room is situated in the office of the
Superintendent Police and keeps the records of incidents within twelve hours.
9-3-22
➔ Case Laws:
- Joginder Kumar v. State of U.P. AIR 1994 SC 1349- power of the police officer to
decide the arrest of the accused without the warrant, however as per Section 41,
sufficient grounds have to be laid down for the arrest. The existence of power and
the justification for the use of power are two different dimensions.
- D.K. Basu v. State of W.B. AIR 1997 SC 610- Right guaranteed by constitution
pertaining to the arrest. Right to life and liberty is the core idea of the fundamental
rights. The police officers have to abide by the constitutional rights. Clear
identification of the particular police officer must be present and all the activities
of interrogation must be recorded.
- Prem Shakar Shukla v. Delhi Administration- accused of not to be treated as hard
and criminal.
10-3-22
➔ Section 41D- Right of the arrested person to meet the advocate of his choice of
interrogation.
➔ Neelavathi Mehra Case:
- Prisoner escaped from the lock up and died by suicide and the deadbody was
found on the railway track.
- Postmortem Report- injuries caused before death are sufficient to cause the death.
- Custodial violence and thus, officers shall be liable.
- Arrest by the police officers and the atrocities leading to custodial violence.
➔ Sunil Batra Case:
- The accused in the jail for capital punishment.
- Atrocities by the jail inmates resulted in jail reforms for the protection of the
inmates.
➔ Section 42: Arrest on refusal to give name and residence- the police officer has the right
to arrest the person subject to some limitations on account of false information.
➔ Section 43: Arrest by Private person and procedure on such arrest- private person shall
arrest the person committing the person and send the person or hand over the custody to
the nearest police station.
➔ Section 44: Arrest by Magistrate-
➔ Section 45: Protection of armed forces from arrest.
➔ Section 46: Arrest made.
➔ Section 47: Search of place entered by person sought to be arrested.
➔ Section 48: Pursuit of offenders into other jurisdictions.
➔ Section 49: No unnecessary restraint.
➔ Section 50: Person arrested to be informed of grounds of arrest and of right to bail.
- Section 50A. Obligation of person making arrest to inform about the arrest, etc.,
to a nominated person.
14-3-22
➔ Section 51: Search of arrested persons.
➔ Section 52: Power to seize offensive weapons- question of fact. Used for the commission
of the offence.
➔ Section 53: Examination of accused by medical practitioner at the request of police
officer-
- 53A. Examination of person accused of rape by medical practitioner- Inserted
through 2006 Amendment Act.
-
➔ Section 54: Examination of arrested person by medical officer-
- 54A. Identification of person arrested-
➔ Section 55: Procedure when police officer deputes subordinate to arrest without warrant.
- Section 55A: Health and safety of arrested person.
➔ Section 56: Person arrested to be taken before Magistrate or officer in charge of police
station-
➔ Section 57: Person arrested not to be detained more than twenty-four hours.
16-3-22
➔ Section 58-
➔ Section 91:
- Vimal Kanti v. Yum Chandrasekhar Rao 1986 CrLJ 689 Orissa- the exercise of
power under 91 and 92 is not a routine practice. Two tests:
- reason to believe.
- Article 20 (3)- protection from self-incrimination.
- State of Gujarat v. Shyamlal 1965 (2) CrLJ 256- SC observes that Section 91
does not apply to the accused as it leads to a violation of 19 (3) of the constitution.
- State of Kerala v. Babu 1999 4 SCC 621- case diary is a part of the
investigation. Police officers are supposed to give the case diary to the court.
➔ Section 92- Procedures as to letters and telegrams.
17-3-22
➔ Section 93: When Search warrant may be issued.
➔ Section 94: Search of place suspected to contain stolen property, forged documents etc.-
➔ Constitutional Validity of Section 91- Section 93: in consonance with Article 20(3).
Where any summon is issued in contravention of Article 20(3), then such a summon is
invalid.
➔ Case Law:
- Naga People Movement for Human Rights v. Union of India 1988 (2) SCC 109-
SC held that when Crpc is not available, the principle law is applicable. Police
authorities are not allowed to bypass under Section 100.
➔ Section 95: Power to declare certain publications forfeited and to issue search-warrants
for the same.
➔ Section 96: Application to High Courts
➔ Section 97: Search for persons wrongfully confined.
22-3-22
ABSCONDING

➔ Vishnu Dayal case 1943- the magistrate should satisfy himself that the warrant is issued
not to avoid arrest.
➔ Kartik v. State of UP- if a person is hiding in a residential house to avoid arrest, then it is
absconding.
➔ Devendra singh v. State of UP- if the magistrate does not give adequate time for a
mandate on the court which is a 30 days period for the appearance of the accused in case
of absconding.
➔ Section 82- Proclamation for the person absconding.
➔ Section 83- In case the absconder does not show up, the court will pass another order for
the attachment of the property.
➔ Section 84.
➔ Section 85.
➔ Section 160- Police officer’s power to require attendance of witnesses.
➔ Section 161- Examination of witnesses by police.
➔ Case Law:
- Nandini Satpathy v. Dani 1978 case.
28-3-22

➔ Section 164- Confession is done before the magistrate and there is no camera recording
of the same.
➔ Case Law:
- Hemraj Devi Lal v. State of Ajmer ,1994- SC held that magistrates should refer to
confession in an open court.
- Kuttu Gola v. State of Assam, 1980.
- Raja Ram v. State of Bihar, 1963.
29-3-22
➔ Ram Prasad v. State of Maharashtra- earlier statements can be classified under
confessional statements. Statements given by the person voluntarily during the trial shall
be recorded against that person.
➔ Kuttu Gola v. State of Assam, 1980.
➔ Section 164A- Medical Examination of the victim of rape.
➔ Section 167- Procedure when investigation cannot be completed in twenty-four
hours- reference of Section 57 when the person cannot be detained for more than 24
hours. The concept of jurisdiction only arises during the trial. Magistrate custody for 90
days for an offence punishable for 10 years and not be detained after 90 days. 60 days
custody for other offences.
30-3-22

➔ Section 167 (B)- Amendment made by 2009 amendment act: unless and until the accused
is presented before the magistrate, the magistrate cannot issue the detention.
➔ Section 167 2(A)- when the person is produced and if the person has filed for bail, then
accordingly the person shall be released on bail. After the Police Custody Remand (PCR)
➔ Section 169- Release of accused in deficient evidence- if the police officer comes to
know that the evidence is not sufficient to make the person accused, the police officer
must decide during the course of investigation. The police officers corroborate
understanding the facts and evidences are present.
➔ Section 170: Cases to be sent to magistrate when evidence is sufficient- the concerned
magistrate will decide accordingly and then the concerned court shall pass the order
whether the accused is guilty or not as per the reasoning and facts of the case.
➔ Section 173: Report of police officer on the completion of the investigation- once the
investigation is completed, the police officer shall file the chargesheet as soon as the
investigation ends.
➔
➔
➔