TERRITORIAL EXTENT

It applies to the whole of India, including the state of Jammu and Kashmir, some tribal areas
have their own procedural laws like Manipur and Assam.

Legal Extent.
1. Initiation of Criminal Cases: It governs how criminal cases are started, including
filing complaints and First Information Reports (FIRs).
2. Arrest and Detention: CRPC 1973 lays down the rules for arresting individuals
suspected of committing a crime and their subsequent detention. It also addresses
matters related to bail.
3. Investigation: It provides guidelines for the conduct of investigations by law
enforcement agencies, including search and the collection of evidence.
4. Trial: The Code sets out the rules for the conduct of criminal trials, encompassing the
summoning of witnesses, their examination and cross-examination, and the
pronouncement of judgments.
5. Appeals and Revision: CRPC 1973 includes provisions for appealing and revising
decisions made by lower courts, ensuring a mechanism for reviewing and correcting
legal errors.
6. Execution of Sentences: It covers the enforcement of sentences and court orders,
such as issuing arrest warrants and implementing fines or imprisonment.

Objectives of CRPC
Provides opportunity The objective of the Code of Criminal Procedure is to provide an
opportunity for the accused person to get a fair trial in accordance with the principles of
natural justice
o to ensure a fair trial where none of the rights of the accused are compromised nor are they
unjustifiably favored.
o to make an effort to prevent delay in investigation and trial to ensure fair justice.
o To ensure the attendance of any person concerned with the case, including an accused or a
witness, through various measures, viz. summons, warrant, proclamation, and attachment
of property.
o To provide a detailed scheme for the working of various functionaries of the state to help
and assist the administration of Criminal Justice in India

BAIL
Definition Bail is a legal system that allows an accused person to be temporarily released
from custody, usually on condition that a sum of money guarantees their appearance at trial.
BAILABLE AND NON-BAILABLE OFFENCES
Bailable offenses are those offenses that set free an individual from a prison’s confinement
without the required permission of the court. Whereas non-bailable offenses are offenses where
bail is a matter of discretion of the court. In these cases, the judge critically examines the facts
and other relevant factors to decide whether to grant bail or not.

TYPES OF BAIL
BAIL IN BAILABLE OFFENCES
Section 436 deals with bail in bailable offenses wherein it is written clearly that when a
person is arrested or detained for a bailable offense he shall be released on bail. The word
“shall” impose mandatory operations upon the police officer or the court to grant bail in such
cases. Thus, it is clear that in the case of bailable offenses, the accused has an undeniable and
unrestricted right to bail.
INTERIM BAIL
The term “interim” literally means “for an interval,” and therefore, in the case of interim bail,
it is understood that bail is granted for a specified period of time by the court. The interval
can be for fifteen days or even a month. At these intervals, the accused is released from
prison and, after the expiry of the granted period, the accused is again committed to prison.
REGULAR BAIL
Section 437 of the Code of Criminal Procedure (CrPC) pertains to the granting of bail in non-
bailable offenses. This provision authorizes a court to exercise its discretion in allowing bail
to an accused person when they are charged with an offense that is not categorized as
bailable.
Section 437 CrPC permits a person accused of a non-bailable offense to seek bail under
certain conditions: -
1. Deposit of Bail Amount: The court may require the accused or their surety to deposit a
specified amount of money as bail. This amount is a financial guarantee to ensure the
accused's appearance in court.
2. Surety: The accused may be required to provide a surety, which is a person who
guarantees the accused's presence in court. If the accused fails to appear, the surety may
be liable to pay the bail amount.
3. Regular Attendance: The court may require the accused to attend all court hearings and
not miss any without a valid reason.
4. No Tampering with Evidence: The accused may be prohibited from tampering with or
influencing witnesses or evidence related to the case.
5. No Re-offending: The accused may be instructed not to commit any further offenses
while on bail.
6. Cooperation with Investigation: The accused may be required to cooperate fully with
the ongoing investigation and make themselves available for questioning by law
enforcement authorities.
7. Restrictions on Travel: In some cases, the court may impose restrictions on the accused's
travel, such as surrendering their passport or seeking permission before leaving the
jurisdiction.

Anticipatory bail
Anticipatory bail is a kind of protection against future arrest wherein a court grants bail to a
person who has reasonable grounds for an arrest in relation to a non-bailable offense.
According to section 438 of the Criminal Procedure Code, the high court or sessions court
may grant anticipatory bail to a person who has a reasonable apprehension of future arrest for
a non-bailable offense. The present section further provides that the applicant may only file
bail applications to the high court and sessions court, so it can be said that the ambit of
anticipatory bail is only given to higher criminal courts.
Section 438 also states the following factors after which the court may grant anticipatory
bail:
1. The nature and gravity of the accusation;
2. The past criminal record of the applicant includes the fact as to whether he has previously
faced imprisonment on conviction by a court in respect of any cognizable offense.
3. The possibility of the applicant fleeing from justice.
4. Where the accusation made on the applicant is for the sole purpose of injuring or
humiliating the applicant by having him arrested.
Prem Shankar Prasad v. the State of Bihar, (2021) The Supreme Court, in this case,
decided the question as to whether a person declared absconder in law is entitled to get relief
of anticipatory bail. The Hon’ble Court held that in the case of absconders, the relief of
anticipatory bail is completely absent.

Default bail
Default bail is also called mandatory bail. The provisions regarding default bail are given
under Section 167, subsection 2, which states that if the investigation officer does not file the
charge sheet within a specific prescribed time which is 90 days for cases of an offense
punishable by death, imprisonment for life, or imprisonment for a term of not less than 10
years. And 60 days in the case of any other offense except the previously mentioned ones.
Then, the accused shall be released on bail if he is prepared to take it.
What are cognizable offenses?
The punishment for each offense depends on the seriousness of the crime. Offenses that are
punishable with not less than 3 years of imprisonment are serious offenses and are considered
cognizable. The Criminal Procedure Code, 1973 (CrPC) under Section 2(c) states that an
offense that is punishable with death, imprisonment for life, or imprisonment for more than 3
years shall be cognizable.
Cognizable offenses are those in which the police can arrest the accused without a warrant.
The police can also begin an investigation without the permission of the court. The accused is
arrested and produced before the court at the stipulated time. According to Section 154 of the
CrPC, a police officer is required to register an FIR in case of a cognizable offense. Murder,
rape, theft, kidnapping, dowry death, etc. are some examples of cognizable offenses. These
offenses are both bailable and non-bailable.

What are non-cognizable offenses?

An offense that is less serious in nature is considered non-cognizable. Section 2(l) of the
CrPC defines non-cognizable offenses as those in which the police have no authority to arrest
without a warrant. These are mentioned in the first schedule of the Indian Penal Code and are
bailable. In these offenses, the police cannot arrest the accused without an arrest warrant and
cannot start an investigation without the permission of the court. Non-serious crimes such as
assault, cheating, forgery, defamation, public nuisance, etc. are non-cognizable offenses.
As per Section 155 of the CrPC, if a police officer receives information about a non-
cognizable crime, he is supposed to enter the case in the station diary and refer the informant
to the magistrate. Only after receiving permission from the magistrate, the police can start
investigating the matter.

Powers of the police

In cognizable offence
Section 156 of the CrPC confers power upon the police to deal with cognizable offenses.
 The police can initiate arrest without waiting for an arrest warrant from the court.
 Investigation can be started as soon as the arrest is made and the investigation is
limited to the local jurisdiction of that police station.
 The police are bound to register an FIR if the information discloses a cognizable
offense. If the place of crime is outside the jurisdiction of the police station, the police
officer cannot refuse to register the report and should forward it to the police station
that has jurisdiction.

In non-cognizable offense
Section 155 of the CrPC provides the procedure that the police have to follow while dealing
with non-cognizable offenses.
 In these cases, the police cannot arrest anyone without an arrest warrant and initiate
an investigation on their own without the consent of the magistrate.
  The police officer has to get the order from the magistrate under Section 155(2) of the
CrPC.
 The police officer has to record the complaint filed and ask the complainant to
approach the magistrate having jurisdiction. After receiving permission from the
magistrate, the investigation can begin.

Difference between cognizable and non-cognizable offences

S.no Basis Cognizable Non-cognizable

Cognizable offenses are those in Non-cognizable offenses are those in

which the investigating authority which the investigating authority
1 Meaning
can arrest the accused without an cannot arrest an accused without an
arrest warrant. arrest warrant.

Permission Not required, investigation can be Required, investigation can begin

2
of court initiated as soon as an FIR is filed. only after the court issues an order.

Severity of Cognizable offenses are serious Non-cognizable offenses are less

3
crime crimes. serious.

4 Examples Murder, theft, kidnapping, etc. Assault, cheating, defamation, etc.

It is defined in the Section 2(c) of

It is defined in Section 2(I) of the
5 Statutory the Criminal Procedure Code,
Criminal Procedure Code 1973.
1973.

Compoundable offences
Compoundable offenses are those that can be remedied through an agreement between the
parties. The wronged party receives some sort of payment or satisfaction in exchange for not
pressing charges against the guilty. Section 320 of the Code of Criminal Procedure, 1973
(CrPC) contains a list of the compoundable offenses that are penalized under several
provisions of the Indian Penal Code, 1860. In the circumstances listed in Section 320(1), the
composition is permitted without the court’s approval:
Where the court’s consent is not necessary
Trespassing, adultery, defamation, and other crimes can be compounded without the judge’s
approval.
Where the court’s consent is necessary
More serious offenses, including theft, assault, and criminal breach of trust, can only be
resolved with the court’s approval.
Non-compoundable offenses
Non-compoundable offenses cannot be amended; instead, they must be overturned through a
full trial. These offenses are graver and more serious, having an impact on society as a whole
rather than just the victim.
Because they violate public policy, non-compoundable offenses are not eligible for settlement
by a regular court. Since the offenses that are not listed in Section 320 of the Criminal
Procedure Code are regarded as non-compoundable offenses, the list of offenses under this is
not exhaustive. These offenses typically involve the willful infliction of great bodily harm,
injury by a hazardous weapon, dishonest misappropriation, kidnapping or abduction with
intent to kill, etc.

Classes of criminal courts

Section 6 of the Cr. P.C provides for the classes of criminal courts in every State apart from
the High Courts and the Supreme Court, namely –
1. Court of Session
2. Judicial Magistrates of the first class and, Metropolitan Magistrates in any
metropolitan areas
3. Judicial Magistrates of the second class; and
4. Executive Magistrates
Hierarchy of Criminal Courts
The hierarchy of the Criminal Courts in India can be understood through the following chart:
The Supreme Court of India – The Supreme Court of India being the apex court of India
was established under Article 124 of the Constitution of India.
The High Courts – Article 141 of the Constitution of India governs the High Courts and the
High Courts are bound by the judgment of the Apex Court.

Lower Courts of India have been classified as follows:

Metropolitan Courts
 Chief Metropolitan Magistrate
 First Class Metropolitan Magistrate
District Courts
 Sessions Court
 First Class Judicial Magistrate
 Second Class Judicial Magistrate
 Executive Magistrate

Separation of the Judiciary from the Executive

The Code under Section 3(4) separates the judiciary from the executive and states that,
subject to the provisions of the Code:
 Judicial Magistrate shall exercise the functions relating to matters in which
appreciation or shifting of evidence is involved or which involve the formulation of
any decision by which any person is exposed to a penalty or punishment or detention
in custody, inquiry, or trial.
 The Executive Magistrate shall exercise the functions regarding the matters that are
executive or administrative in nature, for example, the granting suspension or
cancellation of a license, withdrawing from prosecution, or sanctioning a prosecution.

Court of Session
Section 9 of the Cr.PC empowers the State Government to establish the Sessions Court and
such court would be presided over by a Judge appointed by the High Court. The Additional
and Assistant Sessions Judges are also appointed by the High Court to exercise jurisdiction in
the Court of Session. The Sessions Court ordinarily sits at such place or places as ordered by
the High Court, but if in a case, the Court of Sessions decides to cater to the general
convenience of the parties and witnesses, then, it may, with the consent of the prosecution
and the accused preside its sittings at any other place. As per Section 10 of the Cr. P.C, the
assistant session judges are answerable to the session judge.

Court of Judicial Magistrate

Section 11 of the Cr. P.C. states that in every district (not being a metropolitan area), the State
Government after consultation with the High Court has the power to establish courts of
Judicial Magistrates of the first and second classes. If the High Court is of the opinion that it
is necessary to confer the powers of a Judicial Magistrate of the first or second class on any
member of the Judicial Service functioning as a Judge in a civil court, then the High Court
shall do the same.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate

As per Section 12 of the Code in every district other than metropolitan areas, a Judicial
Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. The High
Court is also empowered to designate a Judicial Magistrate of First Class as Additional CJM
and by such designation, the Magistrate shall be empowered to exercise all or any of the
powers of a Chief Judicial Magistrate.

Sub-Divisional Judicial Magistrate

In a sub-division, the judicial magistrate of the first class may be designated as the Sub-
divisional Judicial Magistrate. Such magistrate shall be subordinate to the Chief Judicial
Magistrate and will thus work under its control. Further, the Sub-divisional Judicial
Magistrate shall control and supervise the work of the Judicial Magistrates (except the
Additional CJM) in that subdivision.

Special Judicial Magistrates

By Section 13 the High Court is empowered to confer upon any person who holds or has held
any post under the Government, the powers conferred or conferrable by or under this Code on
a Judicial Magistrate of first or second class. Such Magistrates shall be called Special Judicial
Magistrates and shall be appointed for a term not exceeding one year at a time. In relation to
any metropolitan area outside the local jurisdiction of a Special Judicial Magistrate, he may
be empowered by the High Court to exercise the powers of a Metropolitan Magistrate.

Local Jurisdiction of Judicial Magistrate

According to Section 14, the Chief Judicial Magistrate shall define the local limits of the
areas within which the Magistrates appointed under Section 11 or under Section 13 may
exercise all or any of the powers with which they may be vested under this Code. The Special
Judicial Magistrate may hold it sitting at any place within the local area for which it is
established.
The jurisdiction in the case of Juveniles (Section 27)– This section directs that a juvenile
(person below the age of 16) cannot be given the death penalty or a punishment of
imprisonment for life. Chief Judicial Magistrate or any other Court specially empowered
under the Children Act, 1960 (60 of 1960) tries such types of cases.

Subordination of judicial magistrate

Section 15(1) provides that a Sessions Judge shall be superior to the Chief Judicial Magistrate
and the Chief Judicial Magistrate shall be superior to the other Judicial Magistrate. This can
be clearly understood by the above-mentioned diagram explaining the hierarchy of courts.
Courts of Metropolitan Magistrate
They are established in every metropolitan area. The presiding officers shall be appointed by
the High Court. The jurisdiction and powers of such Metropolitan Magistrates shall extend
throughout the metropolitan area. The High Court shall appoint a Metropolitan Magistrate as
the Chief Metropolitan Magistrate.

Special metropolitan magistrates

The High Court may confer upon Special Metropolitan Magistrates the powers that a
Metropolitan Magistrate can exercise with respect to particular cases or particular classes of
cases. Such Special Metropolitan Magistrates shall be appointed for such term, not exceeding
one year at a time.
The Special Metropolitan Magistrate may be empowered by the High Court or the State
Government to exercise the powers of a Judicial Magistrate of the first class in any area
outside the metropolitan area.

Subordination of Metropolitan Magistrate

Section 19 of the Code provides that the Sessions Judge shall be superior to the Additional
Chief Metropolitan Magistrate and Chief Metropolitan Magistrate and other Metropolitan
Magistrates shall be subordinate to the CMM.
The Chief Metropolitan Magistrate has the power to give special orders or make rules
regarding the distribution of business among the Metropolitan Magistrates and the allocation
of business to an Additional Chief Metropolitan Magistrate.

Executive Magistrate
As per Section 20, in every district and in every metropolitan area, Executive Magistrates
shall be appointed by the State Government and one of them shall be appointed as the District
Magistrate. An Executive Magistrate shall be appointed as an Additional District Magistrate
and such Magistrate shall have such of the powers of a District Magistrate under the Code.
As executive magistrates are supposed to execute administrative functions, they were neither
given the power to try the accused nor pass verdicts. They are mainly concerned with
administrative functions. The executive magistrates have the power to determine the amount
of bail according to the provisions of the warrant issued against the accused, pass orders
restraining people from committing a particular act or preventing persons from entering an
area (Section 144 Cr. P.C), they are the authority to whom people are taken to when they are
arrested outside the local jurisdiction, the executive magistrates are the only one with the
power to disperse a crowd or an unlawful assembly, further, they are authorized to use force
while doing the same according to the gravity and requirements of the situation. Executive
Magistrates are assisted by the police while executing their functions.
As per Section 21, Special Executive Magistrates shall be appointed by the State Government
for particular areas or for the performance of particular functions.
Local jurisdiction of the executive magistrate
Section 22 of the CrPC empowers the District Court to define the areas under which the
Executive Magistrates may use all or any of the powers which are exercisable by them under
this code but under some exceptions, the powers and jurisdiction of such Magistrate shall
extend throughout the district.

Subordination of executive magistrate

As per Section 23, the Executive Magistrates would be subordinate to the District Magistrate
however Additional District Magistrate shall not be subordinate to the District Magistrate.
Every Executive Magistrate but, the Sub-divisional Magistrate shall be subordinate to the
Sub-divisional Magistrate.
The executive magistrates shall follow the rules or special orders given by the district
magistrate, regarding the distribution of business among them. The district magistrate also
has the power to make rules or special orders relating to the allocation of business to an
Additional District Magistrate.

Hierarchy of Executive Magistrate

Sentences that can be passed by the various courts

1. Sentences passed by the High Courts and Sessions Judges (section 28)
 Any sentence which is authorized by law can be passed by the High Court.
 A Sessions or Additional Sessions Judge can pass any sentence authorized by law. But
while passing the death sentence prior confirmation from the High Court is required.
 An Assistant Sessions Judge has the authority to pass any sentence of imprisonment
for more than 10 years other than a death sentence or life imprisonment.

2. Sentences passed by the Magistrates (Section 29)

 The Court of Chief Judicial Magistrates can pass any sentence of imprisonment for
more than seven years but not a death sentence or life imprisonment.
 The Judicial Magistrate of the first class can pass a sentence of imprisonment for a
term, of less than three years, or a fine of less than ten thousand rupees or both.
 The Judicial Magistrate of the second class may pass a sentence of imprisonment for
a term, of less than one year, or a fine of less than five thousand rupees.
 The Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial
Magistrate and of MM, in addition to the powers of the Magistrate of first class.