CrPC – 5th Semester

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Cr.P.C. IMPORTANT QUESTIONS

1 Police 3
2 Define trial and explain trial before a Session Court (procedure to be followed) 5
3 Define and Differentiate between cognizable and non-cognizable offences with suitable 4
examples
4 Seizure 3
5 Charge sheet 3
6 Define Arrest and Rights of arrested person 4
7 Define and Differentiate between Complaint and First Information Report 4
8 Define Charge and what the exceptions of charge are? 3
9 Define Juvenile and describe salient features of Juvenile Justice Act, 2000 4
10 Plea bargaining 3
11 Review 3
12 Define and differentiate between probation and parole 3
13 Juvenile Home/Observation home 3
14 Who is eligible for probation (define probation): 2
Case: X killed his wife, he committed the crime for the first time, and can he be released on 1
probation?
Case: Rajesh was convicted for possessing an illegal weapon, is he eligible for probation? 1
(Define probation)
15 Arresting a Judge 3
Case - Who can arrest a corrupt judge, which court is having the power to arrest him? What
will be the punishment?
Case - Judge is involved in a murder case, can a police officer has the power to arrest him?
16 14 and 19 years were tried under Section 302 of IPC for murder by Sessions Court and 3
acquitted, is the trial proper?
Case - Children below the age of 5 years committed theft and killed a person, whether they 1
are punishable or not?
17 Cases: Jurisdiction of Criminal Courts 2
Case: Honour killing of daughter by parents, which court is competent to try this offence? 1
Case: For defamation which court is competent to trial? 1

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PAPER-II:
CRIMINAL PROCEDURE CODE, LAW OF JUVENILE JUSTICE AND
PROBATION OF OFFENDERS

Unit-I:
The Code of Criminal Procedure, 1973: The rationale of Criminal Procedure — The
importance of fair trial — Constitutional Perspectives: Articles 14, 20 & 21 — The
organization of Police, Prosecutor and Defence Counsel — Pre-trial Process -Arrest
— Distinction between “cognizable” and “non-cognizable” offences — Steps to ensure
presence of accused at trial -- Warrant and Summons cases — Arrest with and without
Warrant – impact of S. 41A - The absconder status.

Unit-II:
Rights of arrested persons under Cr.P.C. and Article 22 (2) of the Constitution of
India. - Search and Seizure — Search with and without warrant — Police search
during investigation — General Principles of Search — Seizure — Constitutional
aspects of validity of Search and Seizure proceedings - Trial Process: Commencement
of Proceedings — Dismissal of Complaint — Bail, Bail able and Non-boilable
Offences — Cancellation of Bails — Anticipatory Bail — General principles
concerning Bail Bond.

Unit-III:
Preliminary pleas to bar trial — Jurisdiction — Time Limitations — Pleas of Autrefois
Acquit and Autrefois Convict — Fair Trial — Concept of fair trial — Presumption of
innocence — Venue of trial —Jurisdiction of Criminal Courts — Rights of accused --
Constitutional Interpretation of Article 21 as a right to speedy trial — Charge — Form
and content of Charge — Trial before a Court of Session: Procedural steps and
substantive rights.
Unit-IV:
Compounding of offences – Plea Bargaining - Judgment: Form and content --
Summary trial — Post-conviction orders in lieu of punishment — Modes of providing
judgment copy — appeals, review and revisions – Role of Victim in Criminal process
– compensation to crime victim.
Unit-V:
Probation and Parole: Authority granting Parole — Supervision — Conditional release
-- suspension of sentence — Procedure under Probation of Offenders Act, 1958 --
Salient features of the Act. Juvenile Justice System -- Juvenile Justice (Care and
Protection of Children) Act -- Procedure under Juvenile Justice…Act — Treatment
and Rehabilitation of Juveniles —— Protection of Juvenile Offenders - Legislative
and Judicial Role.
Suggested Readings:
1.Kelkar R.V.: Criminal Procedure, Eastern Book Co., Lucknow. 2. Ratanlal and Dhirajlal:
The Code of Criminal Procedure, Wadhwa & Co., 3. Padala Rama Reddi: The Code of Criminal
Procedure, 1973, Asia Law House, Hyderabad. 4. S.N. Misra: The Code of Criminal Procedure,
Central Law Agency. 5. M.P. Tandon: Criminal Procedure Code, Allahabad Law Agency. 6.
Shoorvir Tyagi: The Code of Criminal Procedure, Allahabad Law Agency.

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1. Police.
Answer: The main functionaries exercising powers and discharging duties under the Code of Criminal
Procedure are as follows:
1. Police,
2. Prosecutors,
3. Defence Counsel,
4. Magistrates and Judges, and
5. Prison Authorities and correctional services personnel.
The Police: Police persons and officers are appointed by the State Government. The police department is
administered under the Police Act, 1861, or the State Police Act of concerned State. The head or in-charge
of police force in a State is the Inspector-General of Police of that State. In Districts, the District
Superintendent of Police administers the police force under the general control and direction of the
District Magistrate who is usually the Collector of the District.
Officer-in-charge of a police station’ is defined in Section 2(o) of Cr.P.C. to mean ‘officer-in-charge of a
police station’.
Duties of Police: The Code of Criminal Procedure specifies duties –
1. To make arrest (Section 41-60),
2. Search (Section 165),
3. Seize certain property (Section 102) and
4. Prevent cognizable offences (Sections 149 to 153).

Powers of the Police:

Section 107, Code of Criminal Procedure
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the
peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of
the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding,
he may, in the manner hereinafter provided, require such person to show cause why he should not be
ordered to execute a bond 1 [with or without sureties,] for keeping the peace for such period, not
exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place
where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is
within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public
tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
In Madhu Limaye and Anr. v. SDM Monghyr and Ors. 1971, Supreme Court has explained the terms public
tranquility and public order so that there are no grounds for confusion; the court held that public
tranquility and public order partially overlap each other. While a person playing loud music may disturb
public tranquility but not the order. The expression public order although includes tranquility, it also
presupposes the absence of insurrection, riot or crimes of violence.
Section 151, Code of Criminal Procedure
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from
a Magistrate and without a warrant, the person so designing, if it appears to such officer that the
commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-
four hours from the time of his arrest unless his further detention is required or authorized under any
other provisions of this Code or of any other law for the time being in force.
Section 151 empowers the police to arrest a person, without a warrant, whom they believe, may
commit a cognizable offence.
Medha Patkar v. State (2007): In this case, certain landowners of Madhya Pradesh and other persons
affected by Sardar Sarovar Project gathered on the road, shouting slogans, demanding land for land and
other rehabilitation measures. They raised no apprehension of committing a cognizable offence or
disturbing public order or tranquility. Despite that, the police beat up the protestors along with women

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and children and arrested all of them under Section 151 of the Code of Criminal Procedure and were
summoned by the Magistrate under Section 107. It was held that sending them to jail on the failure of
furnishing personal bond was a violation of Article 21 of the Constitution of India.

2. Define trial and explain trial before a Session Court (procedure to be followed).
Answer: The term ‘trial’ basically means the Court’s decision or a judicial judgement by the Court so as to
decide the person’s guilt or innocence. A trial is of a very crucial importance in a criminal case. Section 190
CrPC states those requirements that need to be accomplished before proceedings can be started by the
Magistrate; this statement basically means the power of the Magistrate to take knowledge of a case.
Section 204 of CrPC basically provides Magistrate with the sole power of either to take the case into the
consideration or to reject the case on some grounds. This section also determines the stage whether a
case can enter the stage of trial or not.

Trial Before A Court Of Session Under Code Of Criminal Procedure 1973

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 session 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 is an important process to determine whether the accused is guilty of an offence. Basing on the
seriousness of the offence, criminal cases are categorized under two heads viz:
Summons cases; and
Warrant cases.
Among warrant cases, the cases which are more serious in nature are triable by the Court of Session, while
less serious cases are triable by the Courts of Magistrate. A Court of Session cannot take cognizance of any
offence, though it is triable by it. A competent Magistrate takes cognizance of any offence and commits
the case for trial by a Court of Session. Trial of Criminal cases may be explained with reference to the
following heads:
1. Trial (of Warrant-Cases) before a Court of Session.
2. Trial of Warrant-Cases by Magistrates.
3. Trial of Summons-Cases by Magistrates.
4. Summary Trials.

Trial before a Court of Session:

The code lays down the procedure for trial before a court of session as follows:
1. Parties (Section 225): In a trial before a court of session, the prosecution shall be conducted by a
public prosecutor. The accused has a right to engage a counsel of his choice. If he cannot afford to
engage the defence counsel, the court engaged at the state expenses. Before commencing the
trial, the accused in supplied with the copies of documents like police report, F.I.R etc.
2. Opening the case (Section 226): The public prosecutor opens the case by describing accusation
against the accused. He states briefly by what evidence, he proposes to prove the guilt. The
prosecutor duty is not to secure a conviction but simply to lay the facts of the case before the
tribunal, which is to judge.
3. Discharge of the accused (sec. 227): After hearing from both the parties if the court considers that
there is no sufficient ground to proceed against the accused, discharges him and records the
reason for doing so. There is no scope for examination of any witness but there is scope for both
sides to argue their case in favour of framing charge or discharge.

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4. Framing of charge (sec. 228): After hearing from both the parties if the court presumes that the
accused might have committed the offences:
i) If frames a charge in writing, if the offence is exclusively triable by the Court of Session.
ii) If the offence is not triable exclusively by the session’s court, it frames charge and transfers the case
to the Chief Judicial Magistrate. It was held in Kanti Bhadra Shah & anr v. State of West Bengal {1}while
exercising power under Section 228 CrPC, the Judge is not required to record his reasons for framing the
charges against the accused.
While framing charges, only the prima facie case has to be seen. At this stage, the Judge is not required
to record a detailed order necessary to see whether the case is beyond reasonable doubt as held by the
Supreme Court in Bhawna Bai v. Ghanshyam & Ors.
In Rukmini Narvekar v. Vijaya Satardekar it was ruled by the Court that the accused cannot produce
any evidence at the stage of framing of charge and only those materials can be taken into consideration
which is specified in Section 227 at the time of framing charges.
5. Explaining the charge and enquiry about plea (sec. 228(2)): The contents of the charge have to be
explained to the accused as to enable him to plead guilty of the offence or claim to be tried. In
Banwari v. State of UP, {4} the Court held that default in reading out or explaining the charge to
the accused would not vitiate the trial unless it has been shown that non-compliance with Section
228 has resulted in prejudice to the accused.
6. Conviction on plea of guilty (sec. 229): If the accused pleads guilty, the judge shall record the plea
and may in his discretion convict him thereon. It was held in Queen Empress v. Bhadu {5} that the
plea of guilty must be in unambiguous terms otherwise such a plea is considered as equivalent to a
plea of not guilty. Section 229 states that if an accused pleads guilty then the Judge shall convict
him as per his discretion and shall record the same. The Court cannot convict an accused on the
basis of the plea of guilty where the offence is of a nature in which the punishment is death or
imprisonment for life. In Hasaruddin Mohommad v. Emperor,{6} the Court held that it will be
reluctant for the Court to convict a person accused of an offence in which the punishment is death
or life imprisonment on the basis of his plea of guilty. The right of appeal of the accused is
curtailed by Section 375 If the accused is convicted on the basis of his plea of guilty.

7. Date for prosecution evidence (sec. 230): If the accused refuses to plead or does not plead or
claims to be tried or is not convicted under sec. 229, the judge shall fix at date for the examination
or witness or may order for compelling appearance of any witness or production of a
thing/document.
8. Evidence for prosecution (Section 231):
It consists of two points:
i) On the date so fixed as above, the judge takes all such evidence is support of the prosecution.
ii) The judge may in his discretion, permits the cross examination of any witness to be deferred until any
other witness have been examined or recall any witness for further cross examination.
In Ram Prasad v. State Of U.P, The Supreme Court was held that, if the court finds that the prosecution
had not examined witness for reasons not tenable or proper, the Court would be justified in drawing an
inference adverse to the prosecution.
The Court observed in State of Kerala v. Rasheed {8} that a balance must be struck between the rights of
the accused and the prerogative of the prosecution to lead the evidence while deciding an application
under Section 231(2). The following factors must be considered:
1. The possibility of undue influence,
2. Threats,
3. That non-deferral would enable subsequent witnesses giving evidence on similar fact to tailor their
testimony to circumvent the defence strategy,
4. Loss of memory of the witness whose examination-in-chief has been completed.

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9. Arguments of the prosecution (Sec. 314(2)): The prosecution after the close of witnesses submits a
memorandum of his oral arguments. A copy of the same if is supplied to the opposite party.
10. Examination of the accused: It is to be made without administering oath. It is to give an
opportunity to him to explain the circumstances alleged against him by prosecution.
11. Acquittal (Sec. 232): After hearing from both the parties if the judge considers that the accused
has not committed the offence, record an order acquitting the accused.
12. Entering upon defence (Sec. 233): If the accused is not acquitted, he shall be called upon to enter
on his defence. The court may summon or examine at any stage any person as court witness.
13. Arguments (Sec. 234): After recording defence, the prosecutor sums up his case and the accused or
his pleader shall be entitled to reply. The prosecutor may be allowed to make his submission in
case any law point is raised by the defence.
14. Judgment of acquittal or conviction (Sec. 235): After hearing arguments from both the sides, the
court delivers judgment of acquittal or conviction. On this point, the Apex Court in Santa Singh v.
State of Punjab held that the Judge should first pass a sentence of conviction or acquittal. If the
accused is convicted he shall be heard on the question of sentence and only then the Court shall
proceed to pass a sentence against him.
In Bacchan Singh v. State of Punjab, it was ruled by the Court that this Section provides for a bifurcated
trial and specifically gives to the accused person a right of pre-sentence hearing which may not be strictly
relevant to or connected with the particular crime under inquiry but may have a bearing on the choice of
the sentence.
15. Previous Conviction (sec. 236): In a case where a previous conviction is charged under the
provisions of sub (7) of Sec. 211, and the accused does not admit that he has been previously
convicted as alleged in the charge, the judge may take evidence in respect of the alleged
previously conviction and shall record a finding there on:
Provided that no such charge shall be read out by the judge not 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 sec. 299 or sec. 235.
16. Procedure in cases instituted under sec. 199(2) (sec. 237):
i) A Court of Session taking cognizance of an offence under sub sec. (2) of sec 199 shall try the case in
accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report
before a court of magistrate.
ii) Every trial under this section shall be held in camera if either party thereto so desires or if the court
thinks fit so to do.
iii) If, in any such case, the court discharges or acquits all or any of the accused and is of the Opinion that
there was no reasonable cause for making the accusation against them or any of them, it may try its order
of discharge or acquittal, directs the person against whom the offence was alleged to have been
committed to show cause why he should not pay compensation to such accused or to each or any of such
accused, when there are more than one.
iv) The court shall record and consider any cause which may be shown by the person so directed and if it is
satisfied that there was no reasonable cause for making the accusation, it may make an order that
compensation to such amount not exceeding Rs.1000 it may determine, be paid by such person to the
accused or to each or any of them.
v) Compensation awarded under sub sec. (4) shall be recovered as if it were a fine imposed by a
magistrate.
vi) No person directed to pay compensation under sub sec (4) shall be exempted from any civil or criminal
liability in respect of the compliant made under this section.
vii) The person who has been ordered under sub sec. (4) to pay compensation may appeal to the High
Court.
viii) When an order for payment of compensation to an accused person is made, the compensation shall
not be paid to him before the period allowed for the presentation of the appeal has elapsed, or if an
appeal is presented, before the appeal has been decided.

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3. Define and Differentiate between cognizable and non-cognizable offences with suitable examples.
Answer:
Cognizable Offence
“Cognizable offence” means an offence for which and “cognizable case” means a case in which, a police
officer may, in accordance with the First Schedule or under any other law for the time being in force,
arrest without warrant. The Code of Criminal Procedure has no guidelines to determine a particular
offence is cognizable or non-cognizable. However, the Code also contains the Schedule I which refers to all
the offences under the Indian Penal Code and puts them into cognizable and non-cognizable categories.
Cognizable are serious offences. The seriousness of the offence leads for maximum punishment. The First
Schedule contains offences under the laws other than the Indian Penal Code which are punishable with
imprisonment for three years or more. They are punishable with less than three years or with fine only.
They are usually offenses which are serious in nature. Examples of offences are:
1. Waging or attempting to wage war, or abetting the waging of war against the government of
India,
2. Murder,
3. Rape,
4. Dowry Death,
5. Kidnapping,
6. Theft,
7. Criminal Breach of Trust,
8. Unnatural Offenses.
Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the Police
Officer has to receive the First Information Report (FIR) relating to the cognizable offence.
Key Elements:
1. Cognizable offences are those where a police officer can arrest without warrant.
2. And such cases, after arrest has been made, the accused will be produced before a magistrate, and
he may require the police officer to investigate the matter.
3. After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the
magistrate can order for arrest.
4. During the pendency of trial, bail application can be moved before the concerned magistrate.
5. Cognizable offences are both bailable, and non-bailable.
Non-Cognizable Offence
“Non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which,
a police officer has no authority to arrest without warrant. Such offences are minimal offences where the
injury done to the society is comparatively small. The aggrieved party expected to file a complaint before
criminal proceedings starts. The non-cognizable offences contains more private wrong. Therefore,
initiative is taken by citizen to prosecute the offender and also collect the evidence. A police officer cannot
arrest without a warrant and such an officer has neither the duty nor the power to investigate into such
offences without the authority given by a Judicial Magistrate.
Examples of Non-Cognizable offenses. These offences are not much serious in nature.
1. Assault,
2. Cheating,
3. Forgery
Key Elements:
1. Non cognizable offences are those, where a police officer cannot arrest without a warrant.
2. In such offences for arrest, all the steps have to be followed like
• Filing of complaint/F.I.R.
• Investigation
• Charge sheet,
• Charge sheet to be filed in court
• Trial

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• Final order of arrest if case has been made out.

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

Cognizable Non-Cognizable

It is the offence in which a police officer can It is the offence in which a police officer
arrest the convict without the warrant. cannot arrest a person without the warrant.

The police can start a preliminary The police officer cannot start the
investigation without the permission of the investigation without the permission of the
court or without registering the FIR. court.

These are heinous crimes like murder, These crimes are not so serious like forgery,
rape, dowry death etc. cheating, defamation etc.

The victim can file an FIR or make a The victim can only make a complaint to the
complaint to the magistrate. magistrate.

It is defined in the Section 2(c) of the It is defined in Section 2(I) of Criminal

Criminal Procedure Code, 1973. Procedure Code 1973.

The police officer is bound to register the The police officer is not bound to register the
FIR even without the permission of FIR or cannot register the FIR without prior
Magistrate. permission of the magistrate.

It is a non-bailable offence. It is a bailable offence.

4. Seizure.
Answer: The act of seizing is well known as a seizure. It is an action coupled with force in which an object
or person is suddenly taken over, grabbed, removed, or overwhelmed.
Search and seizure is also an essential stage in the process of effective investigation. There are two
methods in which police can affect search and seizure. One under a warrant which is issued under any of

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the provisions of Sections 93, 94, 95, and 97 and the other is without a warrant under any of the
provisions of Sections 103, 165 and 166 of CrPC. the basic provisions as to search and seizure are laid down
in Section 100 of CrPC. The procedure set out in the section is generally followed in offenses committed
under the Indian Penal Code as well as in special and local laws with a little variance. Thus, in all situations
of search and seizure, the investigating police should follow the procedures laid down under Sections 100
and 165 CrPC. Section 102 provide the power of police officers to seize certain property.
The police may have to effect search and seizure in one or more places. One at the scene of the crime
and the other at places where the persons involved in crime are hiding and places where the incriminating
articles to crime are kept or concealed.
CrPC Chapter VII Section 102: Power of police officer to seize certain property
1. Any police officer may seize any property which may be alleged or suspected to have been stolen,
or which may be found under circumstances which create suspicion of the Commission of any
offence.
2. Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report
the seizure to that officer.
3. Every police officer acting under Sub-Section (1) shall forthwith report the seizure to the
Magistrate having jurisdiction and where the property seized is such that it cannot be,
conveniently transported to the Court or where there is difficulty in securing proper
accommodation for the custody of such property, or where the continued retention of the
property in police custody may not be considered necessary for the purpose of investigation, he
may give custody thereof to any person on his executing a bond undertaking to produce the
property before the Court as and when required and to give effect to the further orders of the
Court as to the disposal of the same.
Provided that where the property seized under Sub-Section (1) is subject to speedy and natural decay and
if the person entitled to the possession of such property is unknown or absent and the value of such
property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the
Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable,
apply to the net proceeds of such sale.
In Suresh Nanda vs. C.B.I., it has been observed that police may be vested with power of making seizure
of passport in terms of Section 102(1) of the Code, but is devoid of power to impound the same, as the
power to impound passport in terms of Section 10(3) of the Passport Act, 1967, is vested with the Passport
Authority.
5. Charge Sheet.
Answer: On the completion of Investigation, the police are required to follow certain procedures as laid
down in Section 169 of CrPC till Section 173 of CrPC. Submission of the police report within a kind of
“charge-sheet” or “challan” is the end-result of such investigation by police. Section 169 accords with the
cases of lack of evidence. Section 170 with the cases where the accused is shipped up for the trial and
Section 173 provides for general instructions for both the section 169 and 170. The expression “final
Report” is not used in the CrPC, but the report submitted by the police officer is called the “final report”.
The investigation consists of several stages which ultimately ends in the creation of an opinion by the
police, on the material or evidence covered and collected. Then a case is formed to place the accused for
trial before the Magistrate and submission of a final report under Section 169 or a charge-sheet under
Section 170, is dependent on the nature of the opinion which is formed by the police. The creation of the
said opinion by the police is the final step in the investigation and this final step is to be taken by the
police and by no other authority.
Police report / Charge-sheet: Section 2(r) of CrPC talks about the expression ‘police report’, according to
which a report is forwarded by a police officer to a Magistrate under Section 173(2). The report should be
in the manner that is prescribed by the State Government as per the particulars mentioned in clause (a) to
(g) of sub-section (2) of Section 173. The police report submitted under this section is called the End
Report. If this report constitutes an attempt of a crime by an accused person, that report is commonly
called the “charge-sheet” or the “challan”.

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• The charge sheet made by the Police correlates and mentions the complaint of that private
individual on which the criminal proceedings have taken place. Submission of the Charge sheet by
the police officer reflects that the initial investigation and preparation regarding the same case are
done and now Magistrate can take offence committed under his consideration as stated in Rama
Shankar v. State [AIR 1956 All 525].
• The Magistrate cannot interfere in any of his judicial capacity and as a court until he receives the
final report by the police officer as per Section 173. Also, there can be no occasion for the
Magistrate to make any judicial order about the police investigation as stated in M.L. Sethi v. R.P.
Kapur [AIR 1967 SC 528].
Supplementary Report on further investigation
The submission of the report by the police officer shall not prevent further investigation in respect of an
offence when some additional evidence is obtained.
Section 173 says nothing as far as the investigation is concerned in respect to the offence that took
place, the police officer needs to submit all the extra evidence obtained after the submission of the report
if they manage to obtain any irrespective of the old evidence that already exists should be passed on to
the Magistrate.
Particulars of the report: As soon as the investigation is completed in respect to the case, the police
officer needs to submit the final report made to the authorised Magistrate who can take action on the
case further. A report in the form prescribed under Section 173(2)(i) by the State Government, stating:

1. The names of the parties

2. The nature of the information
3. The names of the persons who appear to be familiar with the circumstances of the case
4. Whether any offence appears to have been committed and if so, then by whom
5. Whether the accused been arrested
6. Whether the accused has been released on his bond and if so, then whether with or without
sureties
7. Whether he has been put in custody under Section 170.
Submission of this police report is a part of the investigation.
Abhinandan Jha v Dinesh Mishra (AIR 1968 SC 117)
It has been opined that the Magistrate is not entitled to order an investigation by a senior police officer in
charge of the police station.
In this case, the court observed that the creation of the opinion by the police officer by whom or under
whom the investigation took place, is the final step in the investigation and that final step is to be taken
by the police and not by any other authority. Thus, there is no power expressly or impliedly given under
the provisions to a magistrate to call upon the police to submit a charge-sheet. When the police officer has
sent a report under Section 169 that there is no case can be made from the following report to send the
accused for trial, in that case the charges are to be made by the Magistrate to keep in mind the report
submitted by the police as per Section 228 and Section 240 of CrPC.

6. Define Arrest and Rights of arrested person.

Answer: Introduction
The code has not defined the term arrest. The term arrest means apprehension of a person by legal
authority so as to cause deprivation of liberty.
As per Legal Dictionary by Farlex, Arrest means a seizure or forcible restraint; an exercise of the power
to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority,
especially, in response to a criminal charge.
Definition: In R.R. Chari v. State of Uttar Pradesh, the apex court defined arrest as the act of being taken
into custody to be formally charged with a crime. The court observed that in a Constitutional sense, it
means the seizure of a person (body of a person).

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In State of Punjab v. Ajaib Singh, the court observed that arrest is the physical restraint put upon an
abducted person in the process of recovering and taking that person into legal custody with or without
any allegation or accusation of any actual or suspected commission of the offence
Elements
The elements necessary to constitute arrest were summarised by the Madras High Court in Roshan Beevi
v. Joint Secy. to the Govt. of Tamil Nadu. The vital elements required to institute arrest are:
1. There must be an intent to arrest under legal authority,
2. There must be seizure or detention of the person,
3. The person must be in the lawful custody of the arresting person and
4. The act of arrest must include the actual confining of the person and not mere oral declaration of
arrest.
Types of arrest
1. arrest made in pursuance of a warrant issued by a magistrate
2. arrest made without such a warrant
When Police may arrest without a warrant?
Section 41 is the main section providing for situations when Police may arrest without warrant.
It lays down following grounds when a police officer can arrest without a warrant
1. Who has been concerned in any cognizable offence such as murder, rape, kidnapping, theft, etc. or
2. Who has in possession, without, lawful excuse, of any house breaking weapon or
3. Who has been proclaimed as an offender either under CrPC or by order of the State Govt. or
4. Who is in possession of any stolen property or
5. Who obstructs a police officer while in the execution of his duty or who has escaped, or attempts
to escape, from lawful custody or
6. Who is reasonably suspected of being a deserter from any of the Armed forces of the Union or
7. Who has been concerned in any law relating to extradition or
8. Who, being a released convict commits a breach of any rule made under sub-section (5) of Section
356 CrPC or
9. For whose arrest any requisition has been received from another police officer specifying the
person to be arrested and the offence and other cause for which the arrest is to be made.
Rights of an arrested person
The benefit of the presumption of innocence of the accused till the time he is actually found guilty at the
ending of a trial substantiated with evidence, is one of the basic tenets of our legal system. It is a
characteristic of our democratic society that even the rights of the accused are deemed to be sacrosanct,
and even though he is charged with an offence however that does not render him as a non-person. Our
statute is quite careful towards anyone’s personal liberty and hence doesn’t permit the detention of any
person without proper legal sanction.
Available rights: There are two types of rights available to the arrested:
• Rights at the time of arrest
• Rights at the time of trial
1. Right to be informed of the grounds for arrest {Section 50(1) of the Cr.P.C and Article 20(1)},
2. Right to bail (Section 50(2) of the CrPC),
3. Right to be produced before Magistrate within 24 hours (Section 56),
4. Right of not being detained for more than 24 hours without judicial scrutiny (Section 57),
5. Examination of arrested person by medical officer (Section 54),
6. Right to consult a legal practitioner (Section 303 of the CrPC),
7. Right of an arrested indigent person to free legal aid and to be informed about it (Sec 304 of CrPC),
8. Arresting a woman: According to National Human Rights Commission guidelines on arrest, As far
as practicable, women police officers should be associated where women are arrested and arrest
of women between sunset or sunrise should be avoided.

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9. According to Section 53(2) of Code of Criminal Procedure, 1973, and 10 Basic Standards for Law
Enforcement Officials Proposed by Amnesty International, Medical examination of women should
be carried only under the supervision of female medical practitioners.
10. Right to silence: The ‘right to silence has its origin from common law principles. So in general
sense the courts or tribunals should not conclude that the person is guilty of any conduct merely
because he was not responding to questions which were raised by the police or by the court.
Article 20(3) of Constitution of India guarantees every person the right against self-
incrimination, and it has been stated under this article that no person, who has been accused of an
offence, shall be compelled to act as a witness against himself. This same rule has been reiterated
by a decision of Supreme Court in the case of Nandini Sathpathy v. P.L.Dani and it was held by the
court in this case that no one can forcible extract any statement from the accused and no matter
what, the accused has the sole right of being silent during the course of investigation and
interrogation.
11. It was held by the Supreme Court again in the year 2010 that narco-analysis, brain mapping and lie
detector test are in violation of Article 20(3) of the Constitution of India and that by
administration of these tests, forcible intrusion into a person’s mind is being conducted which
further nullifies the validity and legitimacy of this right.
12. Right to know the grounds,
Rights at trial:
13. Right to a fair trial (Article 14),
14. Right to a speedy trial: Regardless of this right not being mentioned in the constitution, the SC in
the Hussainara Khatoon case has made it mandatory that the investigation in the trial must be
conducted as expeditiously as possible.
15. Right to Consult a Legal Practitioner: It is the right of every arrested person to consult a legal
practitioner of his own choice. This has also been enshrined as a fundamental right in Article 22(1)
of the Constitution of India, which is undeniable in all cases. Section 50(3) of the Code also states
that the person against whom proceedings are initiated has a right to be defended by a pleader of
his choice. This right begins as soon as the person is arrested.
16. Rights of Free Legal Aid: The Supreme Court in the case of in Khatri v. the State of Bihar held that
the state is under a constitutional obligation as is implicit in article 21 of the constitution as well to
provide free legal aid to an indigent accused person.

7. Define and Differentiate between Complaint and First Information Report.

Answer: Complaint:
Reporting the commission of a crime is the foremost step in setting the criminal law proceedings in
motion. The general public has an impression that the process of reporting an offence and setting the law
in motion is kafkaesque. Though it is true that the statutory provisions on reporting crimes are filled with
jargons, the procedure, in essence, is direct and straightforward. The fundamental question that arises on
the subject of reporting crimes is who can report about the commission of a crime and to whom? As per
the procedural laws in India, it is not necessary that only the person who is victimized by the crime needs
to report the same. Any person can pass on the information to the law enforcement agency.
With respect to the question “to whom”, the information can be given both to the police as well as the
jurisdictional Judicial Magistrate. A person who wishes to report the commission of an offence has two
options, either to give information to the police or to file a complaint to the magistrate. While the former
method proceeds with an investigation by police and trial thereof, the latter involves prosecution by
private persons.

Difference between Complaint and Information

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Information - As per Section 154 CrPC, any information regarding commission of a cognizable offence can
be reported to the Police by a witness or victim or a person who has knowledge about the act. The said
information will be recorded as FIR.
Complaint - Whereas, as per Section 2(d) of CrPC, a complaint is an allegation made to the Magistrate in
writing or verbal form which mentioned about the offence committed by a person whether known or
unknown and does not include a police report.
Difference
Though in common parlance, verbal information given to a police officer is named as “complaint”, as per
CrPC, it will still be treated as information and not a complaint.

First Information Report:

The basic purpose of filing a FIR is to set criminal law into motion and not to state all the minute details
therein. A First Information Report is the initial step in a criminal case recorded by the police and contains
the basic knowledge of the crime committed, place of commission, time of commission, who was the
victim, etc. The definition for the First Information Report has been provided in the Code of Criminal
Procedure, 1973 by the virtue of Sec. 154, which lays down that:
“Every information relating to the commission of a cognizable offence, if given orally to an officer in
charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to
the informant; and every such information, whether given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by
such officer in such form as the State Government may prescribe in this behalf”.
The Hon’ble Supreme Court of India, while delivering its judgment in the matter of T.T.Antony vs. State
of Kerala & Ors., laid down certain important points regarding Sec. 154 of the Cr.P.C:
“ Information given under sub-section (1) of Section 154 of Cr.P.C., is commonly known as the First
Information Report (FIR), though this term is not used in the Code….And as it’s nick name suggests, it is
the earliest and the first information of a cognizable offence recorded by an officer in charge of a po lice
station”.
Who Can Lodge an FIR?
FIRs can be registered by a victim, a witness or someone else with knowledge of the crime. As per the laws
laid down u/s 154 of the Cr.P.C, the complainant can give information about the offence either in written
or orally. In regard to who can file an FIR, the Apex Court of India has observed that;
“Section 154 does not require that the Report must be given by a person who has personal knowledge
of the incident reported. The section speaks of information relating to the commission of a cognizable
offence given to an officer in charge of a police station”
The police is obliged to read the FIR back to the complainant in case it is conversed to them orally to
prevent the possibility of any differences in the oral and the written versions. Further it is the duty of the
complainant to report to the police station in person in case he had given the information on a telephone.
Providing a Copy of FIR to the Complainant and to the Accused:
Under Indian criminal law, the informant, as seen earlier, is entitled to get a copy of the first information
report lodged by him at the police station free of cost. It is a necessary document in a criminal case and
can majorly support the case of the informant or the victim. However, the accused person is also entitled
to get a copy of the first information report. Sec. 207 of the Code of Criminal Procedure, 1973 entitles the
accused to get the copy of the first information report the investigation has been completed by the police
in the said case, and the charge sheet has been filed in the Court. The provision states that the Magistrate,
in such circumstances, must furnish to the accused a copy of the FIR free of cost.

Difference between FIR & Complaint:

Crime is a wrong against the society at large. It creates an alarming situation in the society. Therefore, any
person can come up with a complaint or information before the concerned authority. The motive of both
the things is to attract the attention of the authorities and to punish the offender. Informing of a
commission of crime is one of the important processes in Criminal Justice System.

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Basis of Difference FIR Complaint

Definition FIR is not defined in the code. However, it Complaint is defined u/s 2 (d), which means any
can be said to be information given to the allegation made orally or in writing to a magistrate,
police first in point of time relating to a with a view to his taking action under the code,
cognizable offence. that some person whether known or unknown has
committed an offence. It, does not include a police
report
Who may Apply? First information report may be lodged by Whereas, Complaint can be filed by any person
any person such as the aggrieved party or subject to certain exceptions.
an eye witness

Whom to Apply? First information report is made to the Complaint is made to a magistrate
competent police officer

Nature of Offence First Information Report must relate to a A complaint may relate to a cognizable or non-
cognizable offence on the face of it. cognizable offence.

Investigation When a FIR is lodged, a policer officer starts Whereas, when complaint is filed no investigation
with investigating the matter. is done by the police officer until directed by the
competent authority.

Cognizance At the first instance no cognizance is taken A Magistrate takes cognizance on the complaint
by the Magistrate until particular FIR is made to him at the very first stage.
reported to him.

Format There is prescribed format by law for FIR No prescribed format is given for filing a complaint.
But some essential ingredients are to be satisfied.

8. Define Charge and what the exceptions of charge are?

Answer: Definition of Charge:
Charge defined under section 2(b) of The Code of Criminal Procedure (in short CrPC) includes 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 State of Bihar AIR 1963 AIR 1120).

Content of Charge (Section 211 CrPC)

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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 describe in the charge by that
name only,
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.
6. Particulars as to time, place and person: As per Section 212(1) of the CrPC, the charge shall
contain such particulars as to the time and place of the alleged offence, and the person (if any)
against whom, or the thing (if any) in respect of which, it was committed, as are reasonably
sufficient to give the accused notice of the matter with which he is charged.

The exceptions to Section 218

Exception 1
Three offences which are of the same kind, committed within a year may be charged together: This
section has been provided to avoid multiplicity of the proceedings when the offences are of the same
kind. It contains two circumstances:
1. According to Section 219(1), if a person has been accused of three offences of the same kind then
the person can be tried for all the offences together if they have been committed within a span of
twelve months from the first to the last offence.
2. Section 219(2) talks about the offences which are of the same kind, also punishable with the same
quantum of punishment.
Exception 2
Offences which are committed in the course of the same transaction and tried together. It consists of the
following:
1. If a person has committed a series of acts, which are so intrinsically connected together that they
form a single transaction, such series of offences shall be charged and tried together. The word
‘transaction’ has not been defined under the Code
2. In case of offences of Criminal breach of trust or dishonest misappropriation of property and their
companion offences of falsification of accounts. Many a time, the offences of criminal breach of
trust or dishonest misappropriation of property are committed along with the offence such as
falsification of accounts etc., the latter offence committed in order to fulfil the objective of the
former offence. In such cases, Section 220(2) enables the Courts to try such offences together.
3. If a single act falls under within different and separate definitions of offences, such different
offences shall be tried together as mentioned under Section 220(3). For e.g.: If a person X,
wrongfully strikes a person Y with a cane, then X can either be charged with and tried separately
of offences under Sections 352 and Sections 323 of the Indian Penal Code or may be tried and
convicted together.
4. If the acts which form an offence also constitute different offences when separately taken and
tried or taken in groups, such offences shall be tried to be one in a single trial. For e.g.: If A
commits the offence of robbery on B, and while doing so he voluntarily causes hurt to B, then A
may be separately charged with, and convicted of the offences mentioned under Sections 323, 392
and 394 of the Indian Penal Code.
Exception 3
Section 221 provides for the cases wherein there is some doubt related to the circumstances and incidents
which took place during the commission of the offence. According to this section, if the accused has
committed a series of acts which lead to confusion regarding the facts should be proved, the accused
might be charged with any or all of such offences or charged for alternative offences. In such cases, the
accused is charged for one offence and during the stage of evidence, if it is proved that he has committed
a different offence, he may be convicted for the same even though he was not charged with the same.

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Exception 4
Section 223 talks about the class of persons who can be tried jointly. This section permits a joint trial of
several persons under the specified circumstances as there exists some nexus among the various offences
committed. The various classes shall not be treated as mutually exclusive and could be combined together
if necessary. According to this section, the following classes of persons may be tried and charged together:
1. The accused persons who have committed the same offence in the course of the same transaction.
2. The persons who have committed a particular offence and those who have abetted the
commission.
3. The persons who are covered under the ambit of Section 219.
4. The persons who in the same course of the transaction have committed different offences.
5. The persons who have committed offences such as theft, extortion, cheating, or criminal
misappropriation of the property along with the persons, who have received, retained, assisted in
the disposal or concealment of property, possession of which is illegal and has been alleged to be
illegal.
6. The persons who have been accused of commission of offences under Section 411 and section 414
of the Indian Penal Code or under those sections in respect of stolen property, possession of which
has already been transferred by another offence.
7. The persons who have been accused of any offence under Chapter XII of the Indian Penal Code
related to the counterfeit coins.
The accused persons, whose cases have not been covered under any of the classes of Section 223, cannot
himself claim a joint trial. The proviso to this Section puts a check on the discretionary power of the court.
The rules contained from Section 218 to Section 223 have been made for the benefit of the accused. It
is not required to treat the various classes of sections as mutually exclusive. The Courts have been given
the authority to combine the provisions of more than two clauses. The joint trial of several persons partly
by applying one clause and by partly applying another clause has also been authorised.

9. Define Juvenile and describe salient features of Juvenile Justice Act, 2000.
Answer: 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.
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.
Salient features of JJA:
1. The Juvenile Justice Act was brought into place to deal with two kinds of juveniles or children. (a)
child in conflict with the law and (b) child in need of care and protection. As I mentioned before, a
juvenile or a child is a person who is below the age of 18. The age was brought up to 18 years from
the previous 16 years by the amendment of the Act in the year 2000.

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2. Child in conflict with the law as the name suggests is a child who has allegedly committed an
offence whereas a child in need of care and protection is a child who has been abandoned or is
destitute.
3. The Act provides for rules and regulations to be followed and institutions to be instituted to try
and hear cases of children in conflict with the law.
4. a. The Act known as ‘The Reformatory Act’ deals with two categories of children, namely children
in need of care and protection and children in conflict with the law.
b. The competent authority to deal with children in need of care and protection is the Child
Welfare Committee (CWC) which constitutes a Chairperson and four other members, one of whom
at least should be a woman. Chapter IV of this Module would focus in detail about Children in
need of care and protection and the functioning of the CWC in rehabilitation and disposition of
cases
c. Juvenile Justice Board (JJB) is the competent authority to deal with children in conflict with law
which comprises of three members. The Chairperson of the Board should be a First Class Judicial
Magistrate and two honorary social workers out of whom at least one should be a woman. Special
provisions for children in conflict with law and the responsibilities of the Board are discussed in
detail in Chapter III of this Module.
5. The Act provides for the establishment of various kinds of Institutions such as
- Children’s Home for the reception of child in need of care and protection.
- Special Homes for the reception of child in conflict with law
- Observation Homes which are meant for the temporary reception of children during the pendency
of any inquiry.
- After-care Organizations which are meant for the purpose of taking care of children after they have
been discharged from Children’s Home or Special Homes.
6. A few sections in the Act (Sec 23 – 26) are focused on the offences committed by anyone against a
child such as assault, causing mental or physical suffering and employment of a child which are considered
as non bailable offences.

10. Plea Bargaining.

Answer: The famous saying “Justice delayed is justice denied” holds utmost significance when the concept
of Plea bargaining is discussed. The number of cases pending in the courts is shocking but at the same
time, it has been normalized by people. These astonishing figures are no more astonishing because people
have started accepting this as their fate. The concept of plea bargaining was not there in criminal law since
its inception. Considering this scenario, Indian Legal scholars and Jurists incorporated this concept in
Indian Criminal Law. As the term itself suggests that it is an agreement between accused and the
prosecutor. Many countries have accepted this concept in their Criminal Justice System (CJS).

Meaning of Plea Bargaining:

Plea bargaining is a pretrial negotiation between the accused and the prosecution where the accused
agrees to plead guilty in exchange for certain concessions by the prosecution. It is a bargain where a
defendant pleads guilty to a lesser charge and the prosecutors in return drop more serious charges. It is
not available for all types of crime e.g. a person cannot claim plea bargaining after committing heinous
crimes or for the crimes which are punishable with death or life imprisonment.
History of Plea Bargaining: In the Jury System, the need for plea bargaining was not felt because there
was no legal representation. Later on, in 1960 legal representation was allowed and the need for Plea
Bargaining was felt. Although the traces of the origin of the concept of Plea Bargaining is in American legal
history. This concept has been used since the 19th century. Judges used this bargaining to encourage
confessions.

Plea Bargaining in India

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Plea Bargaining is not an indigenous concept of Indian legal system. It is a part of the recent development
of Indian Criminal Justice System (ICJS). It was inculcated in Indian Criminal Justice System after
considering the burden of long-standing cases on the Judiciary.

Criminal Procedure Code and Plea Bargaining

Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea
Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005. It allows plea bargaining for
cases:
1. Where the maximum punishment is imprisonment for 7 years;
2. Where the offenses don’t affect the socio-economic condition of the country;
3. When the offenses are not committed against a woman or a child below 14 are excluded.

Some of the major drawbacks of the concept of plea bargaining as is recognized in India are as under:
A) Involving the police in plea bargaining process would invite coercion.
B) By involving the court in plea bargaining process, the court’s impartiality is impugned.
C) Involving the victim in plea bargaining process would invite corruption.
D) If the plead guilty application of the accused in rejected then the accused would face great hardship to
prove himself innocent.

Therefore to ensure fair justice, plea bargaining must encompass the following minimum requirements:
A) The hearing must take place in court
B) The court must satisfy itself that the accused is pleading guilty knowingly and voluntarily.
C) Any court order rejecting a plea bargaining application must be kept confidential to prevent prejudice
to the accused.

Types of Plea Bargaining: Plea Bargaining is generally of three types namely:-

1. Sentence bargaining;
2. Charge bargaining;
3. Fact bargaining.

S.
Concept Type Meaning
No.
In this type of bargaining the main motive is to get a lesser sentence. In
Sentence
1. Sentence bargaining, the defendant agrees to plead guilty to the stated
bargaining
charge and in return, he bargains for a lighter sentence.
This kind of plea bargaining happens for getting less severe charges.
This the most common form of plea bargaining in criminal cases. Here the
Charge
Plea 2. defendant agrees to plead guilty to a lesser charge in consideration of
bargaining
Bargaining dismissing greater charges. E.g. Pleading for manslaughter for dropping the
charges of murder.
This is generally not used in courts because it is alleged to be against
Fact Criminal Justice System. It occurs when a defendant agrees to stipulate to
3.
bargaining certain facts in order to prevent other facts from being introduced into
evidence.

12. Define and differentiate between probation and parole.

Answer: Probation:
The object of Criminal Law is more inclined towards the reformation of the offender than to punish
him. Instead of keeping an accused with hardened criminals in a prison, the court can order personal

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freedom on promise of good behaviour and can also order a period of supervision over an offender. This is
the concept behind ˜probation. Black’s law dictionary defines ˜probation as ˜allowing a person convicted
of some minor offence (particularly juvenile offenders) to go at large, under a suspension of sentence,
during good behaviour, and generally under the supervision or guardianship of a probation officer.
The Act is based on a reformative approach which has come over the years from the Doctrine of
Deterrence. It is believed that imprisonment decreases the capacity of an offender to readjust to the
normal society after the release and association with professional delinquents often has undesired effects
on him and his life thereafter. Probation is a socialized penal device which has come up as the result of
modification, over a period of time, of the doctrine of deterrence into the principle of reformation; a
development that paved the way to the introduction of clinical approach and the principle of
individualization in the handling of offenders. The Probation of Offender Act, 1958 saves minor offenders
from becoming regular criminals. This is done by providing them with a chance to reform themselves
rather than getting into prison. The probation officer amicably reaches to the needs and difficulties of the
accused and tries to solve the problem. This is done for the person convicted of minor crimes.
Thus, instead of keeping the accused with hardened criminals in jail, the court may order personal
freedom on the basis of good behaviour. The court can also grant a supervision period for the accused.
The main aim behind the Probation of Offender Act, 1958 is to give an opportunity to offenders to reform
themselves rather than turning into hardened criminals. Section 562 of the Code of Criminal Procedure,
1898 (after amendment it stands as Section 360 of the Code of Criminal Procedure, 1973) provides that
any person not below twenty-one years of age who may have not been convicted for an offence for
imprisonment up to seven years or not convicted to death or imprisonment of life can be released on the
basis of probation for good conduct.
Following are the merits or advantages of probation:-
1. It is most useful in the case of juvenile delinquents.
2. It gives hope for the rehabilitation of the offender who has not committed the offence.
3. Probation is a way of sending good idea in the mind of offenders.
4. It is helpful for both hard-core and youthful offenders.
5. It helps in reducing the crowding in the jails.
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.
The court might release him on entering the bond for good conduct and peace instead of punishing the
offender with imprisonment. In the case of Jugal Kishore Prasad vs 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. It is observed that the Act is in accordance with the present trend of penology,
which says that effect should be made with accordance to change and remould the offender and not to
retribute justice. Modern criminal jurisprudence recognises that no one is born criminal. A good number
of crimes are a result of a socio-economic environment.

MEANING OF PAROLE

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Parole is the release of a prisoner, either temporarily for a special purpose or completely before the expiry
of a sentence, on the promise of good behaviour; such a promise is known as a word of honour provided
in the parole order. The word parole is derived from the French 'je donne ma parole 'I give my word.' i.e.
the word of honour. This word was used by the prisoners of war for their release by giving promise to the
captor.

Therefore, in simple words, Parole is the pre-mature conditional temporary release of a prisoner on the
terms of abiding by the conditions along with the observance of certain restrictions to avail the privilege
of returning back to the society and socialize with family and friends keeping in mind correctional theory
and preparing to return back to his social life. It is mere suspension of the sentence for time-being keeping
the quantum of sentence intact. If the paroled prisoners violate the conditions on which they are released,
they may be returned back to the prison.
The origin of the Word Parole is from the French word 'Parole'. Parole is the early release of a prisoner
who agrees to abide by certain conditions. The term became associated during the Middle Ages with the
release of prisoners who gave their word. The temporary or permanent release of a prisoner before the
expiry of a sentence, on the promise of good behaviour. Parole is the release of a prisoner to supervision
in the community after he/she has completed a part of his/her sentence in an institution.

The Object of the Parole - There are three main objects of Parole -
(1) To enable the inmate to maintain continuity with his family life and deal with family matters;
(2) To save the inmates from the evil effects of continuous prison life;
(3) To enable the inmate to retain self-confidence and active interest in life.
(4) To enable the prisoner to develop constructive hope and active interest in life.
(5) It eradicates over burden of the jails.
(6) It is also economical to the state, the cost of expenditure of parolee also decreases.
In India, Indian Laws provide Parole only in cases of serious offenders who are committed to long term
sentences.
Furlough is for breaking the monotony of imprisonment and is granted as a good conduct remission.
Furlough is a brief release from the prison; it is conditional and is given in case of a long-term
imprisonment. The period of sentence spent on furlough by the prisoners need not be undergone by the
prisoner as is done in parole.
Following are the different types of Parole:
a) Regular Parole: All prisoners eligible for furlough shall be eligible for regular parole for the following
stated reasons:
1. Delivery of child by wife (except high security risk prisoners)
2. Serious illness of father/mother/spouse/ son/daughter
3. In case of natural calamities such as flood, house collapse, earthquake, fire etc.
4. To pursue the filing of special leave petition before supreme court against a judgment delivered by
High Court convicting or upholding the conviction, as the case may be.
b) Emergency Parole or Custody parole
All convicted persons except foreigners and those serving death sentences may be eligible for emergency
parole for 14 days for reasons like death of grandfather or grandmother/ father/mother/spouse/son/
daughter/ brother/sister and marriage of son/ daughter/ brother/sister, provided that no extension can
be granted to emergency parole. Emergency parole is granted by Superintendent of police for the reasons
of death of parental grandfather or grandmother/ father/ mother/spouse/son/ daughter/ brother/ sister
and by concerned Dy. I.G. for the reason of marriage of son/daughter/brother/ sister and the authority
approving emergency parole shall decide whether to grant parole under police escort or with a condition
to report daily to the local police station depending upon the crime committed by the prisoner and his
conduct during his stay. The expenses of police escort will be borne by the prisoner himself prior to his
release on parole.

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CrPC – 5th Semester

13. Juvenile Home/Observation home.

Answer:
Provisions for the observation home are made under section 47 of the Juvenile Justice (care & protection
of children) Act, 2015. The observation home means such a home where a child alleged to conflict with the
law, is kept temporarily during the pendency inquiry. The observation homes shall be established by the
state government in every district or a group of districts, either by itself or through voluntary or non-
governmental organizations.
The state government may register a registered institution as an observation home that is fit for the
temporary reception of the child. Registration of such an institution will be compulsory. (Rajendra Prasad
vs Union of India, A.I.R. 2016 N.O.C. 182 Kerala).
Section 47 under JJ Act 2015,- Observation Home
1. The State Government shall establish and maintain in every district or a group of districts, either
by itself or through voluntary or non-governmental organisations, observation homes, which shall
be registered under section 41 of this Act, for temporary reception, care and rehabilitation of any
child alleged to conflict with the law, during the pendency of any inquiry under this Act.
2. Where the State Government believes that any registered institution other than a home
established or maintained under sub-section (1), is fit for the temporary reception of such child
alleged to conflict with the law during the pendency of any inquiry under this Act, it may register
such institution as an observation home for this Act.
3. The State Government may, by rules made under this Act, provide for the management and
monitoring of observation homes, including the standards and various types of services to be
provided by them for rehabilitation and social integration of a child alleged to conflict with the law
and the circumstances under which, and how, the registration of an observation home may be
granted or withdrawn.
4. Every child alleged to conflict with the law who is not placed under the charge of parent or
guardian and is sent to an observation home shall be segregated according to the child’s age and
gender, after giving due consideration to physical and mental status of the child and degree of the
offence committed.
But after the Nirbhaya rape case, where one of the accused was a juvenile, a few months shorter than
18 years of age, sentence to 3 years in reformative home, which was not adequate with the heinous crime
done. This shocked the public over the Act, and debated for reduction of the juvenility age from 18 to 16.
So the legislature came with The Juvenile Justice (Care and Protection) Act, 2015, which included that any
child between the ages of 13 to 18 if committed any heinous crime, will be tried as an adult. Also the
recent Act have categorized the offences, petty offences (crime for which maximum punishment is up to 3
years), Serious offence (crime for which punishment is between 3 to 7 years), Heinous offence (crime for
which punishment is 7 years or more). And different procedures have been provided for categorization of
such offences.
In Satbir Singh & others v. State of Haryana, [AIR 2005 SC 3549] SC reiterated that for determining
whether accused is juvenile or not, the date of birth in school records shall be taken into consideration by
JJB.

14. Who is eligible for probation?

A. ‘X’ killed his wife by giving poison. He committed the crime or first time. Can he be released on
probation? (Jan-2019).
B. Rajesh possessed unlicensed gun was arrested by police, he belongs to a respected family. His crime
was proved and he requested for probation. Whether probation can be granted to Rajesh or not? (May-
2019).

Issue:
Case A: Is ‘X’ eligible for probation? No, he is not eligible as per Section 360 of CrPC and 302 of IPC.
Case B: Is Rajesh eligible for Probation?

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CrPC – 5th Semester

Rule:
*For defining Probation refer question number 12.
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.
The court might release him on entering the bond for good conduct and peace instead of punishing the
offender with imprisonment. In the case of Jugal Kishore Prasad vs 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. It is observed that the Act is in accordance with the present trend of penology,
which says that effect should be made with accordance to change and remould the offender and not to
retribute justice. Modern criminal jurisprudence recognises that no one is born criminal. A good number
of crimes are a result of a socio-economic environment.

Application:
For application of this section it is necessary that the offender must not have been convicted previously so
as to bring him in the category of the first offender. On fulfilment of the above conditions if the court by
which the offender is convicted considers it expedient that the offender should be released on probation
of good conduct, it may, instead of sentencing him at once to any punishment, order him to be released
on bond with or without sureties. The offender may be required to furnish a bond to appear and receive
sentence whenever called upon during such period not exceeding three years as the court may direct. The
offender shall be directed by the court to keep the peace and be of good behaviour if he is released on
probation under this section. No offender can, as of right, on fulfilling the conditions laid down in this
section, claim to be released on probation of good conduct. It is a discretionary power given under this
section to the court. The discretion has to be exercised by the court keeping in view not only that it is the
first conviction of the accused but the circumstances in which the crime was committed, the age, character
and antecedents of the offender.
Conclusion:
Case A: In this case ‘X’ is not eligible for probation.
Case B:

15. Arresting a Judge.

A. A judge was involved in a corruption case, it was confirmed by the preliminary enquiry and he was
arrested by the police. Whether, police have powers to arrest the judge. If not, how to arrest the judge?
Which court is having the power to arrest him? What will be the punishment? (Jan-2020).
B. A judge is involved in a murder case. Is a police officer has power to arrest? Discuss. (Jan-2019 & May-
2016).

Issue:

Rule:
Chapter V of Criminal Procedure Code, 1973 deals with ''Arrest of persons''. To know about guidelines to
be followed before arrest, it is essential to refer the ruling Joginder Kumar vs State of Utter Pradesh. To
know more as to guidelines during arrest, it is necessary to refer the decision D.K.Basu vs State of West
Bengal. Further, to know about guidelines after arrest, it is essential to refer the ruling Sunil Batra vs Delhi

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CrPC – 5th Semester

Administration, Prem Shankar Shukla vs Delhi Administration and D.K.Basu's case. A fortiori, it is also
necessary to see Article 20(3) of Indian Constitution, the provisions of Criminal Procedure Code, 1973
relating to arrest.
The Following guidelines are laid down by the Hon'ble Supreme Court in its judgment in Delhi Judicial
Service Association, Tis Hazari Court, Delhi vs State of Gujarat and others.
In this ruling, the Apex Court held that in view of' the paramount necessity of preserving the
independence of judiciary and at the same time ensuring that infractions of law are' properly investigated
the following guidelines are to be followed:
(a) If a judicial officer is to be arrested for some offence, it should be done under intimation to the District
Judge or the High Court as the case may be.
(b) If facts and circumstances necessitate the immediate arrest of a judicial officer of the subordinate
judiciary, a technical or formal arrest may be affected.
(c) The fact of such arrest should be immediately communicated.to the District and Sessions Judge of the
concerned District and the Chief Justice of the High Court.
(d) The Judicial Officer so arrested shall not be taken to a police station, without the prior order or
directions of the District & Sessions Judge of the concerned District, if available.
(e) Immediate facilities shall be provided to the Judicial Officer for communication with his family
members, legal advisors and Judicial Officers, including the District & Sessions Judge.
(f) No statement of a Judicial Officer who is under arrest be recorded nor any panchnama be drawn up nor
any medical test be conducted except in the presence of the Legal Advisor of the Judicial Officer
concerned or another Judicial Officer of equal or higher rank, if available.
(g) There should be no handcuffing of a Judicial Officer. If, however, violent resistance to arrest is offered
or there is imminent need to effect physical arrest in order to avert danger to life and limb, the person
resisting arrest may be over- powered and handcuffed. In such case, immediate report shall be made to
the District & Sessions Judge concerned and also to the Chief Justice of the High Court. But the burden
would be on the Police to establish the necessity for effecting physical arrest and handcuffing the Judicial
Officer and if it be established that the physical arrest and hand-cuffing of the Judicial Officer was
unjustified, the Police Officers causing or responsible for such arrest and handcuffing would be guilty of
misconduct and would also be personally liable for compensation and/or damages as may be summarily
deter- mined by the High Court. It was further held that these guidelines are not exhaustive but are the
minimum safeguards to be observed in case of arrest of a Judicial Officer. These should be implemented
by the State Governments as well as by the High Courts. No judicial officer should visit a Police Station on
his own except in connection with his official and judicial duties and functions, and this also with prior
intimation to the District and Sessions Judge.
Application:
Delhi judicial services association v. the State of Gujarat
Facts of the case
In this case, the Chief Judicial Magistrate at Nadiad found no cooperation with the police in delivering the
summons or producing offenders and thus delaying the trials. The Chief Judicial Magistrate wrote a letter
to the DSP (District Superintendent of Police) and DGP (Director General of Police) stating the same,
however, no action was taken. The Police Inspector of Nadiad had withdrawn the constables from the
C.J.M Court after this incident and the C.J.M. directed the police to file a criminal case against persons
who were delaying the investigation, however, again no action was taken. The Police Inspector
complained about the C.J.M. to the Registrar of the High Court through DSP (District Superintendent of
Police). The C.J.M. was further called to the Police Station to check documents, however, the C.J.M. was
forced to drink liquor and pictures were clicked in that state. Further, the Police arrested, assaulted and
handcuffed the judicial officer. The case went to the Supreme Court and the issues were raised regarding
the arrest made by the Police Inspector.

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CrPC – 5th Semester

Judgment: The Supreme Court held that the arrest made by the Police Officer, in this case, was violative of
Article 136 of the Indian Constitution. This judgment is a landmark judgment and in this case, the court
provided with guidelines to arrest a judicial officer.

Conclusion:
In the given case the police can arrest a magistrate but they should follow the rules laid down by Supreme
Court in the case of Delhi Judicial Service Association, Tis Hazari Court, Delhi vs State of Gujarat and others
which are mentioned above.

16. Prosecution of children.

A. Two boys aged 4 year and 5 years had broken open the locks of two shops for the purpose of
committing theft, while returning back they injured a person who died after one week. Whether both are
punishable or not? If so what is the punishment for both. (Jan-2020).
B. X and Y both 14 years and Z aged about 19 years tried under Section 302 of IPC for murder of constable.
They were tried by the session court and were acquitted. Is the trail proper? (Jan-2019).
C. A boy of 17 years of age, as on the date of commission of offence, escaped from detection. Later he
was caught by the police and produced before the Magistrate for trial. At the time of trial his age was 21
years. He was tried and convicted by the Criminal Court. Is it legal? Examine. (Jan-2018).
D. A boy aged 16 years 6 months was involved in a kidnapping and murder of a woman. Whether the boy
in punishable or not, if so by which court and what will be the punishment? (May-2016).

Issue:
• A child who has not completed age of 18 is called as juvenile and only Juvenile Justice Board is the
competent authority to deal such cases of juvenile.
• In case of a heinous offence alleged to have been committed by a child who has completed or
above the age of sixteen years should be prosecuted under the IPC and CrPC and not considered as
a juvenile.
Whether the accused is a juvenile or not? Answer: we should answer as per the above age limits.
Rule:
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.
Salient features of JJA:
1. The Juvenile Justice Act was brought into place to deal with two kinds of juveniles or children. (a)
child in conflict with the law and (b) child in need of care and protection. As I mentioned before, a juvenile
or a child is a person who is below the age of 18. The age was brought up to 18 years from the previous 16
years by the amendment of the Act in the year 2000.
2. Child in conflict with the law as the name suggests is a child who has allegedly committed an
offence whereas a child in need of care and protection is a child who has been abandoned or is destitute.
3. The Act provides for rules and regulations to be followed and institutions to be instituted to try
and hear cases of children in conflict with the law.
4. a. The Act known as ‘The Reformatory Act’ deals with two categories of children, namely children
in need of care and protection and children in conflict with the law.

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CrPC – 5th Semester

b. The competent authority to deal with children in need of care and protection is the Child Welfare
Committee (CWC) which constitutes a Chairperson and four other members, one of whom at least should
be a woman. Chapter IV of this Module would focus in detail about Children in need of care and
protection and the functioning of the CWC in rehabilitation and disposition of cases
c. Juvenile Justice Board (JJB) is the competent authority to deal with children in conflict with law which
comprises of three members. The Chairperson of the Board should be a First Class Judicial Magistrate and
two honorary social workers out of whom at least one should be a woman. Special provisions for children
in conflict with law and the responsibilities of the Board are discussed in detail in Chapter III of this
Module.
5. The Act provides for the establishment of various kinds of Institutions such as
- Children’s Home for the reception of child in need of care and protection.
- Special Homes for the reception of child in conflict with law
- Observation Homes which are meant for the temporary reception of children during the pendency
of any inquiry.
- After-care Organizations which are meant for the purpose of taking care of children after they have
been discharged from Children’s Home or Special Homes.
Application:
The Nirbhaya Case - Led to the change in the Juvenile Justice Act
On 16th December, 2012, a brutal case of gang rape & murder shook the nation. A 23-year-old girl was
assaulted and raped in a bus. The criminals then threw her lifeless body onto the road.
There were 6 people involved, 5 adults and a juvenile, aged 17. The adults were sentenced to 10 years
in prison, while one of them was found dead in his jail cell during the course of the trial. The juveni le was
sent to correctional facility for 3 years.
But brutal acts in this case had shocked people beyond belief. There were protests to try him as an
adult. This subsequently led to the replacement of our Juvenile Justice Act, 2000. The age bar to be tried
as an adult was lowered from 18 to 16 years.
Conclusion:
Case A:
Case B: In this case ‘Z’ is aged 19 years and tried under Section 302 of IPC by the Sessions Court is correct
and X and Y both aged 14 years should be tried by Juvenile Justice Board.
Case C: For the purpose of ascertaining whether the accused is a juvenile or not, we should consider the
age at the time of commission of the offence, he was 17 years old at that time and JJB is the competent
authority.
Case D: As per the Juvenile Justice Act the age should be below 18 years to be tried under this Act, this
case is a fit case to be tried by JJB,

17. Jurisdiction of Courts:

A. There was a conspiracy between four persons to commit robbery. One was in Delhi, one in
Hyderabad, one in Madras and the other in Utter Pradesh. All the four sent their representatives to
commit robbery in a jewel shop. All the four successfully completed their job. Now which court is
having jurisdiction to frame a charge against all the culprits. (May-2019)
B. A group of persons with malicious intention kidnapped a girl in Warangal and brought to Hyderabad
and further they committed rape followed by murder. State which court is having jurisdiction to try
the case and what will be the punishment? (May-2019).
C. X and Y committed murder of their own daughter for loving a boy who was not equal to their status.
They misled the court and police by concealing facts. What court has jurisdiction? (Jan-2015).
D. In a case of defamation of high dignitary which court shall have the power to try and what will be the
punishment? (Jan-2015).

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