II Year - DJR2B - Criminal Laws

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UNIT-I: INTRODUCTION
Introduction
“No act is a Crime without Law”. This maxim underscores the need and importance of a law.
There are several laws in a country; however the most important among them is a statutory law.
The statutory law should necessary be a criminal law, for India this remains India Penal Code, to
enforce this law we need a procedural law that deals with criminal justice functionaries hence we
had code of criminal procedure. Another important law of any criminal justice system is
evidentiary law for India it is Indian Evidence Act. This lesson is intended to address and enrich
the readers with reasonable major laws of India.
Definitions – Vices, Sin, Tort and Crime
Vice (victimless crime)- Legal Definition
Activities that are made illegal because they offend the moral standards of the community, hence
they are banned. For instance Gambling, pornography, and prostitution are the big three of vice
crimes in most states and communities. A vice squad is a police division whose focus is stopping
public-order crimes like gambling, narcotics, prostitution, and illegal sales of alcohol. Vice squad
may also refer to: Vice Squad, an English punk band.
Sin
Sin is a moral definition used by the religions to describe a wide range of actions some of which
are not illegal under most nations’ legal systems. The word crime describes actions that are
illegal under a nation's legal system. Since the two could be mutually exclusive, attempting to
link the two terms in a conversation or in logical thought may not be a rational exercise.
Torts
A tort, in common law jurisdictions, is a civil wrong that unfairly causes someone else to suffer
loss or harm resulting in legal liability for the person who commits the tortious act. The person
who commits the act is called a tortfeasor.
Tort Law: Three Types of Torts
Torts are wrongdoings that are done by one party against another. As a result of the wrongdoing,
the injured person may take civil action against the other party. To simplify this, let's say while
walking down the aisle of a grocery store, you slip on a banana that had fallen from a shelf. You
become the plaintiff, or injured party, and the grocery store is considered the tortfeasor or
defendant, the negligent party.
Simply said, you would probably take civil action against the grocery store to recoup
compensation for pain, suffering, medical bills and expenses incurred as a result of the fall.
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Negligence is just one tort category. There are three general categories of torts. Regardless of the
tort action, three elements must be present:
 Tortfeasor, or defendant, had a duty to act or behave in a certain way.

 Plaintiff must prove that the behavior demonstrated by the tortfeasor did not conform to
the
 Duty owed to the plaintiff.
 The plaintiff suffered an injury or loss as a result.
Because torts are a civil action involving private parties, punishment does not include a fine or
incarceration. The punishment for tortious acts usually involves restoring the injured party
monetarily. Sometimes a court order may force the tortfeasor to either do or not do something.
Think trespassing, defamation or slander. Let's explore the three types of torts:
 Intentional torts
 Negligence torts
 Strict liability torts.
Crime
Crimes can be broken down into elements, with exceptions; every crime has at least three
elements: a criminal act, also called actus reus; a criminal intent, also called mens rea;
and definition of law. Criminal elements are set forth in criminal statutes, or cases in
jurisdictions that allow for common-law crimes, which the prosecution must prove beyond a
reasonable doubt. The term conduct is often used to reflect the criminal act and intent elements.
Following are the common included elements of crime, absence of one would not constitute an
act of Crime.
Elements of Crime
 Mens Rea
 Actus Reus
 Law
 Offender/ Victim.
Crime-Definitions
There are very many diverse conceptions of crime, each of crime, each of which reflects a
different scientific and ideological viewpoint. It is important to note that the variation in
definition as real consequences upon how different types of behavior are dealt with at a practical
level. According to the author Rob White, crime is not inherent in an activity. It is defined under
particular material circumstances and in relation to specific social processes e.g. the prohibition
in drinking alcohol; killing al-cap one who sold alcohol illegally. A crime was created and many
people were engaged in selling illegal alcohol and many people were killed. Then the prohibition
was uplifted.
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Kenny defines crime as a wrong whose solicitation is punitive and which is no way remissible
by any private person but is remissible by the crown.
Keeton-crime is an undesirable act which the state finds most convenient to correct by the
institution of proceedings for the infliction of a penalty rather than leaving the remedy to the
discretion of the injured person.
Sutherland- Criminal behavior is behavior which is a violation of criminal law. No matter what
the degree of immorality, reprehensively or indecency of an act, it is not a crime unless it is
prohibited by law.
For much of its history, criminology and legal jurisprudence has accepted the legalistic definition
of crime as given by Paul Tappan
“Crime is an intentional act or omission committed by a person or group in violation of

Criminal Law (Statutory Law, Judicial Preceedents, Special or Local Law(s) in force) and
sanctioned by state as Felony or Misdemeanor”
History of Criminal Law
In the uncivilized society no person was said to be safe from attacks to his person or property by
any other person. The person attacked either succumbed or overpowered his opponent. A tooth
for a tooth, an eye for an eye, a life for a life was the rule of law. With the advancement of time,
the injured person agreed to accept compensation, instead of killing his adversary. For a long
time the function of settling the terms remained with the parties themselves, but gradually this
function came to be performed by the State.
In India the criminal jurisprudence came into existence from the time of Manu. Manu has
recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating,
adultery and rape. The king protected his subjects and the subjects in return owed him allegiance
and paid him revenue. The king administered justice himself, if unable due to certain
circumstances; the matter was entrusted to a judge. If a criminal was fined, the fine went to the
king’s treasury and was not given as compensation to the injured party.
Different laws came into existence in the reins of different rulers. When the Britishers came into
India they adopted a different set of law which was based on British pattern, but it was not
uniform throughout India. Different regulations were passed prescribing practice and procedure
to be followed. In 1834 the first Indian Law Commission was constituted to investigate into the
jurisdiction, powers and rules of the existing courts as well as police establishments and into the
laws in operation in British India. The draft of the Indian Penal Code was prepared by the
First Law Commission, chaired by Thomas Babington Macaulay in 1835 and was submitted to
Governor-General of India Council in 1837. Its basis is the law of England freed from
superfluities, technicalities and local peculiarities. The Indian Penal Code in its basic structure is
a document that consists of the list of all the punishments and cases that a person who commits
any kind of a crime is to be held liable and charged with. It covers any Indian citizen or a person
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of Indian origin. The exception to this document is that any kind of military or armed forces
crimes cannot be charged on the basis of Indian Penal Code. They have a different dedicated list
of laws and the Indian Penal Code cannot supersede any part of it.
The Indian Penal Code IPC is the main criminal code of India. It extends to the whole of India
except to the state of Jammu and Kashmir. The introductory draft of Indian Penal Code was
formulated in the year 1860 and this was done under the supervision of the First Law
Commission which was chaired by Lord Macaulay. The first Penal Code came into existence in
the year 1862 and since then number of amendments have been made in the code. It is a
comprehensive code that intends to cover all the substantive aspects of criminal law. In the
Jammu and Kashmir the Indian Penal Code is known as Ranbir Penal Code (RPC). The total
number of sections enumerated in the Indian Penal Code is five hundred eleven. Every section
defines different category of crimes committed by persons of Indian origin.
Objective of the Indian Penal Code
The objective of this Act is to provide a general Penal Code for India. Though this Code
consolidates the whole of the law on the subject and is exhaustive on the matters in respect of
which it declares the law, many more penal statutes governing various offences have been
created in addition to this code. The Indian security system has been one that has gone through
a lot of tests and examinations throughout the time. This is due to the political as well as the
social situation of the country. India is a land of diverse cultures and traditions and it is a place
where people from various religions as well as ethnic backgrounds live together.
Indian Penal Code Format
The Indian Penal code has a basic format, it’s a document that lists all the cases and
punishments that a person committing any crimes is liable to be charged. It covers any person of
Indian origin. The exceptions are the military and other armed forces, they cannot be charged
based on the Indian Penal Code. They have a different set of laws under the Indian Penal Code
as well.
The Indian Penal Code has its roots in the times of the British rule in India, formulating in year
1860.Amendments have been made to it in order to incorporate a lot of changes and jurisdiction
clauses. One such amendment is the inclusions of section 498-A.The total number of sections
contained in the Indian Penal Code are five hundred eleven. All these sections pertain to a
particular category of crimes committed by civilians of Indian origin. There are sections related
to Dowry Laws and jurisdictions in India, as well as there are several sections that concern
various types of criminal laws. The Indian Penal Code is thus the most fundamental document
of all the law enforcer as well as the entire judiciary in India.
The Indian judicial system is one that has evolved into a stable and fair system of detention and
penalizing, after being tested well for several years. The judiciary of the country is a body of
people who are given the task of execution of the laws made by the government, that is, the
judiciaries of a country are its law enforcers. However, the judicial representatives cannot assess
the cases of crimes or misconduct on their own perceptions or rules.
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There has to be a single system or a document that acts as a standard to all the decision making
process and the penalizing norms. Such a document exists in all countries and in case of India;
it is referred to as The Indian Penal Code. The Indian Penal Code is applicable to all the citizens
of India who commit crimes or actions suggesting misconduct in the Indian Territory. The
document is applicable to ships as well as aircrafts within the Indian seas or the airspace as well.
Indian penal code is the skeleton of the Indian criminal justice system. IPC covers any Indian
citizen or a person of Indian origin with the exceptions to any kind of military or the armed
forces crimes, which are handled by a dedicated list of armed force acts.
The most important feature of the Indian Penal Code is the impartial nature of judgments
promoted by the document. The Indian Penal Code does not include any special favors for any
special person at some position. Thus, the Indian Penal Code stands alike for government
employees, as for a common man, and even for a judicial officer.
This builds up the faith of the common citizens in the law making and enforcing bodies in the
country and prevents any sort of corruption or misuse of power on the part of the people in
power. All in all, the Indian Penal Code of the present day has done away with almost all its
flaws and has evolved into a modern law enforcing document that takes into consideration the
humane side of the personalities of culprits as well. This has escalated and improved the Indian
system of Law to greater heights and has led to a firm respect for it in every citizen of the
country.
Importance of the Indian Penal Code
Indian Penal Code is a very important set of regulation which is very important for the system
to be operated in a proper way. It is the main criminal code of India. They are various offences
that are made under this law. The Indian Penal Code includes all the relevant criminal offences
dealing with offences against the state, offenses for public, offences for armed forces,
kidnapping, murder, and rape. It deals with offense related to religion, offences against property
and it has an important section for offences for marriage, cruelty from husband or relatives,
defamation and so on so forth. This was an general over view of the structure of Indian Penal
Code. It is not only important for India but every country should have an Penal Code in order
for its system to be operated in a systematic way. This document majorly covers all the basic
offences which are highlighted in the society.
The Act 45 of 1860
The Indian Penal Code Bill was passed by the Legislative Council and it received the assent of
the Governor-General on 6th October, 1860. It came on the Statute Book as THE INDIAN
PENAL CODE (45 of 1860) - Herein after referred as IPC.
The first Codified Criminal Laws: Indian Penal Code (IPC)

• The Code embodies the general penal law of the country
• It is the substantive criminal law
• It is the sole authority in respect of
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• General conditions of liability

• Definition of offences
• General Exceptions and
• Includes Private Defense-Exempting from criminal liability
• It prescribes the various punishments for all offences- with only maximum punishments
THE INDIAN PENAL CODE (45 OF 1860)- IPC 6th October, 1860
Preamble
Whereas it is expedient to provide a general Penal Code for India;
Chapter I – Introduction
1. Title and extent of operation of the Code

This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the
State of Jammu and Kashmir.
2. Punishment of offences committed within India

Every person shall be liable to punishment under this Code and not otherwise for every act or
omission contrary to the provisions thereof, of which, he shall be guilty within India.
3. Punishment of offences committed beyond but which by law may be tried within India
Any person liable, by any Indian law to be tried for an offence committed beyond India shall be
dealt with according to the provisions of this Code for any act committed beyond India in the
same manner as if such act had been committed within India.
4. Extension of Code to extra-territorial offences

The provisions of this Code apply also to any offence committed by—
(1) Any citizen of India in any place without and beyond India;
(2) Any person on any ship or aircraft registered in India wherever it may be.
Explanation — In this section the word "offence" includes every act committed outside India,
which, if committed in India, would be punishable under this Code.
Illustration
A, who is a citizen of India, commits a murder in Mongolia. He can be tried and convicted of
murder in any place in India in which he may be found.
5. Certain laws not to be affected by this Act

Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of
officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of
any special or local law.
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Important Terms in India Penal Code
Chapter II - General Explanations
6. Definitions in the Code to be understood subject to exceptions

Throughout this Code every definition of an offence, every penal provision, and every
illustration of every such definition or penal provision, shall be understood subject to the
exceptions contained in the Chapter entitled "General Exceptions", though these exceptions are
not repeated in such definition, penal provision, or illustration.
Illustrations
(a) The sections, in this Code, which contain definitions of offences, do not express that a child
under seven years of age cannot commit such offences, but the definitions are to be understood
subject to the general exception which provides that nothing shall be an offence which is done by
a child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not
guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and
therefore the case falls within the general exception which provides that "nothing is an offence
which is done by a person who is bound by law to do it".
7. Sense of expression once explained

Every expression which is explained in any part of this Code is used in every part of this Code in
conformity with the explanation.
8. Gender
The pronoun "he" and its derivatives are used of any person, whether male or female.
9. Number
Unless the contrary appears from the context, words importing the singular number include the
plural number, and words importing the plural number include the singular number.
10. "Man", "Woman"

The word "man" denotes a male human being of any age; the word "woman" denotes a female
human being of any age.
11. "Person"
The word "person" includes any Company or Association or body of persons, whether
incorporated or not.
12. "Public"
The word "public" includes any class of the public or any community.
13. "Queen"
Repealed by the A.O. 1950.
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14. "Servant of Government"

The words "servant of Government" denotes any officer or servant continued, appointed or
employed in India or under the authority of Government.
15. "British India"

16. "Government of India"

17. "Government"
The word "Government" denotes the Central Government or the Government of a State.
18. "India"
"India" means the territory of India excluding the State of Jammu and Kashmir.
19. "Judge"
The word "Judge" denotes not only every person who is officially designated as a Judge, but
also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a
definitive judgment, or a judgment which, if not appealed against, would be definitive, or a
judgment which is confirmed by some other authority, would be definitive, or who is one of a
body of persons, which body of persons is empowered by law to give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence
to fine or imprisonment, with or without appeal, is a Judge.
(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code,
to try and determine suits, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to
commit for trial to another court, is not a Judge.
20. "Court of Justice"

The words "Court of Justice" denote a Judge who is empowered by law to act judicially alone,
or a body of Judges which is empowered by law to act judicially as a body, when such Judge or
body of Judges is acting judicially.
Illustration
A panchayat acting under Regulation VII, 1816, of the Madras Code, having power to try and
determine suits, is a Court of Justice.
21. "Public Servant"

The words "public servant" denotes a person falling under any of the descriptions hereinafter
following; namely:
Second — Every Commissioned Officer in the Military, Naval or Air Forces of India;
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Third — Every Judge including any person empowered by law to discharge,

whether by himself or as a member of any body of persons, any adjudicatory functions;
Fourth — Every officer of a Court of Justice (including a liquidator, receiver or
commissioner) whose duty it is as such officer, to investigate or report on any matter of
law or fact, or to make, authenticate, or keep any document, or to take charge or dispose
of any property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order in the Court, and every person specially authorized by a
Court of Justice to perform any of such duties;
Fifth — Every juryman, assessor, or member of a panchayat assisting a Court of
Justice or public servant;
Sixth — Every arbitrator or other person to whom any cause or matter has been
referred for decision or report by any Court of Justice, or by any other competent public
authority;
Seventh — Every person who holds any office by virtue of which he is empowered to
place or keep any person in confinement;
Eighth — Every officer of the Government whose duty it is, as such officer, to
prevent offences, to give information of offences, to bring offenders to justice, or to
protect the public health, safety or convenience;
Ninth — Every officer whose duty it is, as such officer, to take, receive, keep or
expend any property on behalf of the Government, or to make any survey, assessment or
contract on behalf of the Government, or to execute any revenue process, or to investigate,
or to report, on any matter affecting the pecuniary interests of the Government, or to
make, authenticate or keep any document relating to the pecuniary interests of the
Government, or to prevent the infraction of any law for the protection of the pecuniary
interests of the Government;
Tenth — Every officer whose duty it is, as such officer, to take, receive, keep or
expend any property, to make any survey or assessment or to levy any rate or tax for any
secular common purpose of any village, town or district, or to make, authenticate or keep
any document for the ascertaining of the rights of the people of any village, town or
district;
Eleventh — Every person who holds any office in virtue of which he is empowered to
prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an
election;
Twelfth — Every person
(a) In the service or pay of the Government or remunerated by fees or commission for the
performance of any public duty by the Government;
(b) In the service or pay of a local authority, a corporation established by or under a
Central, Provincial or State Act or a Government company as defined in section 617 of
the Companies Act, 1956 (1 of 1956).
Illustration
A Municipal Commissioner is a public servant.
Explanation 1 — Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
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Explanation 2 — Wherever the words "public servant" occur, they shall be understood of
every person who is in actual possession of the situation of a public servant, whatever legal
defect there may be in his right to hold that situation.
Explanation 3 — The word "election" denotes an election for the purpose of selecting members
of any legislative, municipal or other public authority, of whatever character, the method of
selection to which is by, or under, any law prescribed as by election.
22. "Movable property"

The words "movable property" is intended to include corporeal property of every description,
except land and things attached to the earth or permanently fastened to anything which is
attached to the earth.
23. "Wrongful gain"

"Wrongful gain" is gain by unlawful means of property, which the person gaining is not legally
entitled.
"Wrongful loss"
"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally
entitled.
Gaining wrongfully, losing wrongfully

A person is said to gain wrongfully when such person retains wrongfully, as well as when such
person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully
kept out of any property as well as when such person is wrongfully deprived of property.
24. "Dishonestly"
Whoever does anything with the intention of causing wrongful gain to one person or wrongful
loss to another person is said to do that thing "dishonestly".
25. "Fraudulently"
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not
otherwise.
26. "Reason to believe"

A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that
thing but not otherwise.
27. Property in possession of wife, clerk or servant

When property is in the possession of a person’s wife, clerk or servant, on account of that person,
it is in that person’s possession within the meaning of this Code.
Explanation — A person employed temporarily or on a particular occasion in the capacity of a

clerk or servant, is a clerk or servant within the meaning of this section.
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28. "Counterfeit"
A person is said to "counterfeit" who causes one thing to resemble another thing, intending by
means of that resemblance to practice deception, or knowing it to be likely that deception will
thereby be practiced.
Explanation 1 — It is not essential to counterfeiting that the imitation should be exact.

Explanation 2 — When a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed, until the
contrary is proved, that the person so causing the one thing to resemble the other thing intended
by means of that resemblance to practice deception or knew it to be likely that deception would
thereby be practiced.
29. "Document"
The word "document" denotes any matter expressed or described upon any substance by means
of letters, figures, or marks, or by more than one of those means, intended to be used, or which
may be used, as evidence of that matter.
Explanation 1 — It is immaterial by what means or upon what substance the letters, figures or
marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice,
or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a
document.
A banker’s cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used as evidence is a document.
Explanation 2 — Whatever is expressed by means of letters, figures or marks as explained by

mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks
within the meaning of this section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the
endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The
endorsement is a document, and must be construed in the same manner as if the words "pay to
the holder" or words to that effect had been written over the signature.
30. "Valuable security"

The words "valuable security" denote a document which is, or purports to be, a document
whereby any legal right is created, extended, transferred, restricted, extinguished or released, or
where by any person acknowledges that he lies under legal liability, or has not a certain legal
right.
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Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is transfer
the right to the bill to any person who may become the lawful holder of it, the endorsement is a
"valuable security".
31. "A will"

The word "a will" denotes any testamentary document.
32. Words referring to acts include illegal omissions

In every part of this Code, except where a contrary intention appears from the context, words
which refer to acts done extend also to illegal omissions.
33. "Act", "Omission"

The word "act" denotes as well a series of acts as a single act: the word "omission" denotes as
well as series of omissions as a single omission.
Constitution of India
The Indian constitution gives the law making procedure in Indian Parliament. The primary
function of the Indian Parliament is to make, fresh laws and to revise or abrogate existing laws.
Bills passed by the Parliament falls into two categories:
(a) Money bills and
(b) Non-money or, ordinary or, public bills.
The procedures prescribed by the constitution for passing the two categories of bills are different.
Procedure of passing ordinary or public bills-An ordinary bill has to pass through different stages
before becoming an Act. An ordinary bill may be introduced in either House of the Parliament.
The first stage is the introduction or the firstly reading of the bill. Most such bills are introduced
by ministers. They are drafted by technical experts and approved by the Council of Ministers.
Ordinary members of the Parliament may also introduce bills. One month’s notice has to be
given to the speaker or, the chairman of the Rajya Sabha before the introduction of the bill. Then
on a date fixed by the speaker or the chairman, the mover rises on his seat to move the bill. This
is the introduction or the first reading of the bill which is a formal affair. No debate usually takes
place at this stage. But on an unusual bill, for example the bill on Preventive Detention in 1954
may be opposed by the opposition at its very introduction. After introduction, the bill is
published in the Gazette of India. The speaker or, the chairman may allow some bills to be
gazette even before the first reading. Such hills do not require formal introduction in the
Parliament.
The next stage in the life of a bill is the Second Reading which usually takes place after an
interval of two days after the first reading. At this stage, any of the four courses are adopted.
The bill may be taken for consideration by the House at once.

It may be sent to a select committee of the House.
It may be sent to a joint select committee of the two Houses and
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It may be circulated for eliciting public opinion. Very rarely bills are taken up for consideration
straight way. When the 4th course is adopted, the secretariat of the House concerned request the
State Governments to publish the bill in the State Gazettes inviting opinions from local bodies
and recognized associations. Such opinions are circulated among the members of the House.
Committee stage
If the bill is referred to a select committee, the mover selects the members of the committee, the
Speaker or the Chairman appoints one member of the committee, the chairman of the committee.
The committee makes a careful study of the bill and reports back to the House.
Report Stage
The original bill along with the report of the Select committee is circulated among the members.
It is at this stage that the bill is debated clause by clause. At two stages in the career of a bill
debates take place. In the Second Reading when the bill is debated in principle and at the report
stage, then it is debated clause by clause. The Second Reading is most crucial in the life of the
bill while the Report stage is most important as giving final shape to the bill. After the bill is
passed by a majority vote, it is submitted for the Third Reading.
Figure 1.1 Process of Law making in India
Source: www.easylaw.in
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The Third Reading like the First Reading is only formal. No debate takes place and no bill is
rejected at this stage.
After the bill is adopted at the Third Reading, it’s transmitted to the other House where it goes
through all the stages as in the originating House. The other House may accept the bill. In that
case it is sent to the President for his assent. The other House also may reject the bill or, may
introduce amendments not acceptable to the original House or, may not return the bill within six
months. In any of such case, a constitutional deadlock develops between the two Houses.
The President may call a joint session of the two Houses to resolve the deadlock. The Speaker or
in his absence the Deputy Speaker presides over such joint sessions. The deadlock is dissolved
by majority vote. Finally the bill passed by both Houses goes to the President for his assent. If
the President assents to the bill, it becomes a law. The President may return the bill for
reconsideration. If the bill is sent back to the President with or, without amendments, the
President cannot withhold his assent. This complicated and time consuming procedure is adopted
to prevent hasty legislation.
Constitution of India: An Overview
• A political testament and a legal instrument - politics and law find their confluence here
• It is not a mere law, but a machinery by which laws are made
• Constitution is a living and organic thing which of all instruments has the greatest claim
to be construed broadly and liberally
[Goodyear India VS State of Haryana, AIR (1990)]
The constitution secures to all its citizens
• Justice-social, economic and political

• Liberty-of thought, expression, belief, faith and worship
• Equality-of status and opportunity
• Fraternity-assuring dignity of individual and unity & integrity of the nation
-The preamble
Fundamental Rights: The Concept
• An ordinary legal right is an interest which is protected by law and is enforceable in the
courts of law
• An ordinary legal right is protected and enforced by the ordinary law of the land
• A fundamental right is one which is protected and guaranteed by the constitution
• It is called ‘fundamental’ because an ordinary right may be changed by the legislature
through legislation. A fundamental right cannot be altered by any process other than
amending the constitution.
• It cannot be suspended or abridged except in the manner laid by the constitution itself.
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Table 1.1 Fundamental Rights enshrined in Constitution of India
 Article 14 :- Equality before law and equal protection of law

 Article 15:- Prohibition of discrimination on grounds only of
religion, race, caste, sex or place of birth.
 Article 16 :- Equality of opportunity in matters of public
Right to Equality
employment
 Article 17 :- End of un-touchability
 Article 18 :- Abolition of titles, Military and academic
distinctions are, however, exempted
 Article 19 :- It guarantees the citizens of India the following six
fundamentals freedoms:-
1. Freedom of Speech and Expression
2. Freedom of Assembly
3. Freedom of form Associations
4. Freedom of Movement
Right to Freedom
5. Freedom of Residence and Settlement
6. Freedom of Profession, Occupation, Trade and Business
 Article 20 :- Protection in respect of conviction for offences
 Article 21 :- Protection of life and personal liberty
 Article 22 :- Protection against arrest and detention in certain
cases
 Article 23 :- Traffic in human beings prohibited
Right Against
 Article 24 :- No child below the age of 14 can be employed
Exploitation
 Article 25 :- Freedom of conscience and free profession, practice

and propagation of religion
Right to freedom of  Article 26 :- Freedom to manage religious affairs
Religion  Article 27 :- Prohibits taxes on religious grounds
 Article 28 :- Freedom as to attendance at religious ceremonies in
certain educational institutions
 Article 29 :- Protection of interests of minorities
 Article 30 :- Right of minorities to establish and administer
Cultural and
educational institutions
Educational Rights
 Article 31 :- Omitted by the 44th Amendment Act
 Article 32 :- The right to move the Supreme Court in case of their

violation (called Soul and heart of the Constitution by BR
Right to
Ambedkar)
Constitutional
 Forms of Writ check
Remedies
 Habeas Corpus :- Equality before law and equal protection of law
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Directive Principles of State Policy- DPSP
Figure 1.2 Directive Principles of State Policy
Directive Principles
Directives in the Nature Directives Shaping the Non-Justiciable Rights

Nature of the Ideals Policy of the State of the Citizens
of the State
Promote welfare of people Economic Rights Right to Livelyhood

Conditions of work Uniform Civil Code equal apy for equal work
standard of living Cottage Industries Right against economic exploitation
Equitable distribution Separate Judiciary from Executive Free legal Aid
DPSP: An Overview
• Cherished Ambitions which are not justiciable in a court of Law

• Contained in part IV of the Constitution, articles 36 to 51
• It underlines the philosophy of democratic socialism with a touch of Gandhian idealism.
Code of Criminal Procedure
There was no uniform law of criminal procedure for the whole of India For the guidance of the
Courts there were separate Acts which were applicable in erstwhile provinces and the presidency
towns The Acts which were applicable in the presidency towns were first consolidated by the
Criminal Procedure Supreme Court Act (16 of 1852) The Acts which were applicable in the
provinces were consolidated by the Criminal Procedure Code (25 of 1861) Criminal Procedure
Supreme Courts Act was replaced by the High Court Criminal Procedure Act (12 of 1865) and
the Criminal Procedure Code was replaced by Act 10 of 1872 A uniform law of procedure for
the whole of India was consolidated by the Code of Criminal Procedure of 1882 (10 of 1882).
It was replaced by the Code of Criminal Procedure, 1898 (5 of 1898) This Code of 1898 had
been amended by various amending Acts In 1955 extensive amendments were made to simplify
procedure and to speed up trials The State Governments too made a large number of
amendments to the Code of 1898 To make the criminal procedure more comprehensive the Law
Commission was asked to undertake a detailed examination of the Code of Criminal Procedure,
1898 The Commission submitted its report on 19th February, 1968 In the meanwhile Law
Commission was reconstituted and the reconstituted commission made a detailed study of the
Code of 1898 and submitted its report in September, 1969 Thereafter a draft Bill (41 of 1970)
was introduced in the Rajya Sabha on 10th December, 1970 The Bill was referred to a Joint
Select Committee of both the Houses of Parliament Incorporating the recommendations of the
Joint Select Committee the Code of Criminal Procedure Bill was taken up for consideration by
the Parliament.
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Object and Importance of Criminal Procedure
The Code has been amended from time to time by various Acts of the Central and State
Legislatures. The more important of these were the amendments brought about by Central
legislation in 1923 and 1955. The amendments of 1955 were extensive and were intended to
simplify procedures and speed up trials as far as possible In addition; local amendments were
made by State Legislatures of which the most important were those made to bring about
separation of the Judiciary from the Executive. Apart from these amendments, the provisions of
the Code of 1898 have remained practically unchanged through these decades and no attempt
was made to have a comprehensive revision of this old Code till the Central Law Commission
was set up in 1955.
The first Law Commission presented its Report (the Fourteenth Report) on the Reform of
Judicial Administration, both civil and criminal in 1958; it was not concerned with detailed
scrutiny of the provisions of the Code of Criminal Procedure, but it did make some
recommendations in regard to the law of criminal procedure, some of which required
amendments to the Code A systematic examination of the Code was subsequently undertaken by
the Law Commission not only for giving concrete form to the recommendations made in the
Fourteenth Report but also with the object of attempting a general revision The main task of the
Commission was to suggest measures to remove anomalies and ambiguities brought to light by
conflicting decisions of the High Courts or otherwise to consider local variations with a view to
securing and maintaining uniformity, to consolidate laws wherever possible and to suggest
improvements where necessary Suggestions for improvements received from various sources
were considered by the Commission A comprehensive report for the revision of the Code,
namely, the Forty-first Report, was presented by the Law Commission in September 1969. This
report took into consideration the recommendations made in the earlier reports of the
Commission dealing with specific matters, namely, the Fourteenth Twenty-fifth Thirty-second,
Thirty-third, Thirty-sixth, Thirty-seventh and Fortieth Reports. The recommendations of the
Commission were examined carefully by the Government, keeping in view among others, the
following basic considerations:-
(i) An accused person should get a fair trial in accordance with the accepted principles of natural
justice;
(ii) Every effort should be made to avoid delay in investigation and trial which is harmful not
only to the individuals involved but also to society; and
(iii) The procedure should not be complicated and should, to the utmost extent possible, ensure
fair deal to the poorer sections of the community.
The occasion has been availed of to consider and adopt where appropriate suggestions received
from other quarters, based on practical experience of investigation and the working of criminal
Courts. One of the main recommendations of the Commission is to provide for the separation of
the Judiciary from the Executive on an all India basis in order to achieve uniformity in this
matter. To secure this, the Bill seeks to provide for a new set up of criminal Courts. In addition to
ensuring fair deal to the accused, separation as provided for in the Bill would ensure
improvement in the quality and speed of disposal as all Judicial Magistrates would be legally
qualified and trained persons working under close supervision of the High Court.
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Some of the more important changes proposed to be made with a view to speeding up the
disposal of criminal cases are-
(a) the preliminary inquiry which precedes the trial by a Court of Session, otherwise known as
committal proceedings, is being abolished as it does not serve any useful purpose and has been
the cause of considerable delay in the trial of offences;
(b) provision is being made to enable adoption of the summons procedure for the trial of offences
punishable with imprisonment up to two years instead of up to one year as at present; this would
enable a larger number of cases being disposed of expeditiously;
(c) the scope of summary trials is being widened by including offences punishable with
imprisonment up to one year instead of six months as at present; summons procedure will be
adopted for all summary trials;
(d) the powers of revision against interlocutory orders are being taken away, as it has been found
to be one of the main contributing factors in the delay of disposal of criminal cases;
(e) the provision for compulsory stoppage of proceedings by a subordinate Court on the mere
intimation from a party of his intention to move a higher Court for transfer of the case is being
omitted and a further provision is being made to the effect that the Court hearing the transfer
application shall not stay proceedings unless it is necessary to do so in the interest of justice;
(f) when adjournments are granted at the instance of either party, the Court is being empowered
to order costs to be paid by the party obtaining the adjournments to the other party;
(g) provision is being made for the service of summons by registered post in certain cases;
(h) in petty cases, the accused is being enabled to plead guilty by post and to remit the fine
specified in the summons;
(i) if a Court of appeal or revision discovers that any error, omission or irregularity in respect of
a charge has occasioned failure of justice it need not necessarily order retrial;
(j) the facility of part-heard cases being continued by successors-in-office now available in
respect of Courts of Magistrates is being extended to Courts of Session.
In addition to the above specific measures, the Commission's recommendations which are
intended to resolve conflicts of decisions on various matters or to remove ambiguities have been
given effect to and these provisions may, by themselves, help in reducing the time taken in
litigation.
Some of the more important changes intended to provide relief to the proper sections of the
community is-
(a) provisions have been made for giving legal aid to an indigent accused in cases triable by a
Court of Session; the State Government may extend this facility to other categories of cases;
(b) the Court has been empowered to order payment of compensation by the accused to the
victims of crimes, to a larger extent than is now permissible under the Code;
(c) when a Commission is issued for the examination of a witness for the prosecution, the cost
incurred by the defence including pleader's fees may be ordered to be paid by the prosecution;
(d) the accused will be given an opportunity to make representation against the punishment
before it is imposed
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In addition to these specific provisions, the steps taken to reduce delays would themselves
automatically benefit the poorer sections, as it is they who particularly suffer by the prolongation
of criminal cases. The notes on clauses explain the more important provisions of the Bill Act 2 of
1974. The Code of Criminal Procedure Bill having been passed by both the Houses of Parliament
received the assent of the President on 25th January, 1974 It came into force on the 1st day of
April, 1974 as THE CODE OF CRIMINAL PROCEDURE, 1973 (2 of 1974).
Indian Evidence Act
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act,
1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time,
India was a part of the British Empire. Over a period of more than 125 years since its enactment,
the Indian Evidence Act has basically retained its original form except certain amendments from
time to time. The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who
could be called the founding father of this comprehensive piece of legislation.
Importance
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure
introduced in India, which changed the entire system of concepts pertaining to admissibility of
evidences in the Indian courts of law. Until then, the rules of evidences were based on the
traditional legal systems of different social groups and communities of India and were different
for different persons depending on caste, religious faith and social position. The Indian Evidence
Act and introduced a standard set of law applicable to all Indians.
Contents of Indian Evidence Act
This Act is divided in to three parts and there are 11 chapters in total under this Act.
Part-1
Part 1 deals with relevancy of the facts. There are two chapters under this part. First chapter is
preliminary chapter which introduces to the evidence Act. Second chapter specifically deals with
the relevancy of the facts.
Part-2
Part 2 consists of chapters from 3 to 6. under which chapter 3 deals with facts which need not be
proved , chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and
chapter 6 deals with circumstances when documentary evidence has been given preference over
the oral evidence.
Part-3
Last part that is part 3 consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of
proof. Chapter 8 talks about estoppels, chapter 9 talks about witnesses, chapter 10 talks about
examination of witnesses, and last chapter which is chapter 11 talks about improper admission
and rejection of evidence.
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Nature and Scope- Doctrine of Mens Rea and Actus Reus
Mens Rea
The term mens rea refers to the mental element in the definition of a crime. This is not some
abstract mental process; it refers to specific words in the charge or indictment. The physical act
represents one element in the commission of a criminal act while the guilty mind represents the
second key element. The guilty mind refers to the intention, knowledge or recklessness of the
accused. Essentially the law states that we must mean to cause a wrongful consequence.
Intention is commonly used in the Criminal Code to establish a type of guilty mind. A word
“willfully” means to or “intentionally” is used to describe a state of mind. There are two basic
types of intention-specific and general. Specific intent offences frequently use the phrase ‘with
intent’ or ‘for the purpose of’ to demonstrate a specific purpose behind the crime. General intent
crimes are those that do not require a further purpose or intention and are often crimes committed
in moments of uncontrolled passion or aggression.
The knowledge form of a guilty mind means that the accused must have knowledge of the
specific circumstances of the crime. The phrases "knowingly" or "knowing" are commonly used
here to indicate a specific type of knowledge. For example, to knowingly lie to a judge or jury is
called perjury and is a criminal offence but to give false evidence unknowingly is not a criminal
offence.
The third kind of intent is recklessness. This is type of intent is found in crimes like dangerous
driving causing death. It means that the accused has been unduly careless in their actions by not
exercising good judgment and foresight. If one drives 100km/h through a school zone in the
daytime, with no intention of killing or harming a child, and hits a child crossing the street and
that child dies, the law would use recklessness to establish the guilty mind. Contrary to TV law,
it is not necessary for the Crown to establish why an accused has committed an offence (the
motive). Motive may be used to establish intention and can be used in sentencing to mitigate or
aggravate the sentence depending on the reason for committing the crime.
Actus Reus
There is no punishment for thinking about a criminal act. A crime must have an actus reus, Latin
literally for a bad act. A defendant has committed the actus reus of an offense if he has done
some act that is an action prohibited by law. Most crimes consist of a defined set of actions that
together are prohibited.
It is not a crime to carry an item around a store. It is not a crime to walk out of a store. It may be
a crime to walk out of a store, with an item, and not pay for it. The act of walking out of the store
without paying for an item is the actus reus. For it to be a crime, it must be done knowingly.
The actus reus and the mens rea must take place together.
The physical act of committing an offence (actus reus) is more than an act, it can be an omission
to act or a "state of being." For example if one is in possession of an illegal narcotic, one is not
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acting or failing to act but merely in possession. This is a state of being. Omissions to act can
also be crimes (a failure to act when required to do so by law). If a parent fails to provide the
basic necessities for children’s survival the failure to provide is an omission and a crime.
The majority of crimes are acts or kinds of misconduct. Proof of the physical element requires
more than simply determining an act, omission or state of being exists. It is necessary to consider
the four C’s-conduct, consequences, circumstances and causation. The conduct must be as
described earlier an act, omission to act or a state of being as outlined in a specific section of the
criminal charge. Of particular importance to the concept of conduct is that it be voluntary. The
law will not hold someone criminally responsible for an involuntary act. Consequences refer to
the outcome of a specific act. For a homicide the consequence would be the death of a human
being.
The circumstances aspect of the actus reus refers to the relevant circumstances under which an
act must occur to be criminal. In the case of the crime of trespassing at night the relevant
circumstances would be that the act occurred at night, on someone’s property other than your
own and that you entered the property without consent or lawful excuse.
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UNIT-II LEGAL PROVISIONS IN INDIAN PENAL CODE

Crimes against Property
Crimes against property can cause enormous loss, suffering, and even personal injury or death.
Upcoming sections analyze theft crimes that involve force or threat, receiving stolen property,
and crimes that invade or damage property, such as burglary and arson.
Property Crimes: These are crimes that do not necessarily involve harm to another person.
Instead, they involve an interference with another person’s right to use or enjoy their property.
Property crimes include:
 Larceny (theft)
 Robbery (theft by force) – Note: this is also considered a personal crime since it results in
physical and mental harm.
 Burglary (penalties for burglary)
 Arson
 Embezzlement
 Forgery
 False pretenses
 Receipt of stolen goods.
Theft: Section 378
Whoever, intending to take dishonestly any moveable property out of the possession of any
person without that person’s consent, moves that property in order to such taking, is said to
commit theft.
Explanation 1 — A thing so long as it is attached to the earth, not being movable property, is
not the subject of theft; but it becomes capable of being the subject of theft as soon as it is
severed from the earth.
Explanation 2 — A moving effected by the same act which affects the severance may be a theft.
Explanation 3 — A person is said to cause a thing to move by removing an obstacle which

prevented it from moving or by separating it from any other thing, as well as by actually moving
it.
Explanation 4 — A person, who by any means causes an animal to move, is said to move that
animal, and to move everything which, in consequence of the motion so caused, is moved by that
animal.
Explanation 5 —The consent mentioned in the definition may be express or implied, and may
be given either by the person in possession, or by any person having for the purpose authority
either express or implied.
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Illustrations
(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s
possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking,
he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s
intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has
committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in
order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has
committed theft of the treasure.
(d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with
the plate, without Z’s consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return.
A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could
not therefore be taken out of Z’s possession, and A has not committed theft, though he may have
committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s
possession, and if A dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of any person. A by taking it,
commits no theft, though he may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the
ring immediately for fear of search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of taking the ring from the hiding
place and selling it when the loss is forgotten. Here A, at the time of first moving the ring,
commits theft.
(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to
the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters
the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he
may have committed criminal trespass and assault, has not committed theft, in as much as what
he did was not done dishonestly.
(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security
for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the
property as a security for his debt, he commits theft, in as much as he takes it dishonestly.
(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent,
not having paid what he borrowed on the watch, he commits theft, though the watch is his own
property in as much as he takes it dishonestly.
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(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention
of keeping it until he obtains money from Z as a reward for its restoration. Here A takes
dishonestly; A has therefore committed theft.
(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a
book without Z’s express consent for the purpose merely of reading it, and with the intention of
returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to
use Z’s book. If this was A’s impression, A has not committed theft.
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong
to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away
alms. If this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her
husband Z, and to be such property as she has no authority from Z to give. If A takes the property
dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property
out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.
Punishment for theft: Section 379
Whoever commits theft shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable
by any Magistrate—Compoundable by the owner of the property stolen with the permission of
the court.
Theft in dwelling house, etc.: Section 380
Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a
human dwelling, or used for the custody of property, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by any
Magistrate—Non-compoundable.
STATE AMENDMENTS
State of Tamil Nadu:
Section 380 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter in this Part
referred to as the principal Act), shall be renumbered as sub-section (1) of that section and after
sub-section.
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(1) as so renumbered, the following sub-section shall be added, namely:
"(2) Whoever commits theft in respect of any idol or icon in any building used as a place of
worship shall be punished with rigorous imprisonment for a term which shall not be less than
two years but which may extend to three years and with fine which shall not be less than two
thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned
in the judgment impose a sentence of imprisonment for a term of less than two years." Vide
Tamil Nadu Act 28 of 1993, sec. 2.
Theft by clerk or servant of property in possession of master: Section 381
Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant,
commits theft in respect of any property in the possession of his master or employer, shall be
punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by any
Magistrate—Compounded by the owner of the property stolen with the permission of the court.
Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft: Section 382
Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear
of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in
order to the effecting of his escape after the committing of such theft, or in order to the retaining
of property taken by such theft, shall be punished with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.
Illustrations
(a) A commits theft on property in Z’s possession; and, while committing this theft, he has a
loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z
should resist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may
restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend
A. A has committed the offence defined in this section.
Robbery and Dacoity (Section 390-402)
Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable
by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for life—Cognizable—Bailable—Triable by Magistrate of
the first class—Non-compoundable.
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Robbery: Section 390
In all robbery there is either theft or extortion.
When theft is robbery —Theft is "robbery" if, in order to the committing of the theft, or in
committing the theft, or in carving away or attempting to carry away property obtained by the
theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or
hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful
restraint.
When extortion is robbery —Extortion is "robbery" if the offender, at the time of committing
the extortion, is in the presence of the person put in fear, and commits the extortion by putting
that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person
or to some other person, and, by so putting in fear, induces the person so put in fear then and
there to deliver up the thing extorted.
Explanation —The offender is said to be present if he is sufficiently near to put the other person
in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s
consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily
caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in consequence,
surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt,
and being at the time of committing the extortion in his presence. A has therefore committed
robbery.
(c) A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a
precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A has extorted
the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has
therefore committed robbery on Z.
(d) A obtains property from Z by saying— "Your child is in the hands of my gang, and will be
put to death unless you send us ten thousand rupees". This is extortion, and punishable as such;
but it is not robbery, unless Z is put in fear of the instant death of his child.
Dacoity: Section 391
When five or more persons conjointly commit or attempt to commit a robbery, or where the
whole number of persons conjointly committing or attempting to commit a robbery, and persons
present and aiding such commission or attempt, amount to five or more, every person so
committing, attempting or aiding, is said to commit "Dacoity".
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Section 392. Punishment for Robbery
Whoever commits robbery shall be punished with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the
highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Para I: Punishment—Rigorous imprisonment for 10 years and fine—Cognizable— Non-
bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Rigorous imprisonment for 14 years, and fine—Cognizable—Non-
bailable—Triable by Magistrate of the first class—Non-compoundable.
Section 393. Attempt to Commit Robbery
Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term
which may extend to seven years, and shall also be liable to fine.
Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable
Voluntarily Causing Hurt in Committing Robbery: Section 394
If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such
person, and any other person jointly concerned in committing or attempting to commit such
robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.
Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—
Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Section 395. Punishment for Dacoity
Whoever commits Dacoity shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Dacoity with Murder: Section 396
If any one of five or more persons, who are conjointly committing dacoity, commits murder in so
committing dacoity, every one of those persons shall be punished with death, or imprisonment
for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be
liable to fine.
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Punishment—Death, imprisonment for life, or rigorous imprisonment for 10 years and fine—
Section 397. Robbery, or Dacoity, with Attempt to Cause Death or Grievous Hurt
If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes
grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the
imprisonment with which such offender shall be punished shall not be less than seven years.
Punishment—Rigorous imprisonment for not less than 7 years—Cognizable— Non-bailable—
Triable by Court of Session—Non-compoundable.
COMMENTS
(i) An act would only fall within the mischief of this section if at the time of committing robbery
or dacoity the offender—
(a) uses any deadly weapon; or
(b) causes grievous hurt to any person; or
c) attempts to cause death or grievous hurt to any person; Shravan Dashrath Datrange v. State of
Maharashtra, (1997) 2 Crimes 47 (Bom).
(ii) There can be no quarrel that knife is a deadly weapon within the meaning of section 397;
State of Maharashtra v. Vinayak Tukaram Utekar, (1997) 2 Crimes 615 (Bom).
(iii) When identification of articles alleged to have been recovered from accused is not properly
proved nor victim could identify accused in identification parade or in court accused cannot be
convicted under section 397; Bhurekhan v. State of Madhya Pradesh, AIR 1982 SC 948 : (1982)
Cr LJ 818: (1982) 1 SCC 174 : (1982) SCC (Cr) 128.
Attempt to Commit Robbery or Dacoity when Armed with Deadly Weapon: Section 398
If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly
weapon, the imprisonment with which such offender shall be punished shall not be less than
seven years.
Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—Non-bailable—
Making Preparation to Commit Dacoity: Section 399
Whoever makes, any preparation for committing Dacoity, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Punishment—Rigorous imprisonment for 10 years and fine—Cognizable— non-bailable—
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Punishment for Belonging to Gang of Dacoits: Section 400
Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated
for the purpose of habitually committing Dacoity shall be punished with imprisonment for life,
or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
Punishment for Belonging to Gang of Thieves: Section 401
Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang
of persons associated for the purpose of habitually committing theft or robbery, and not being a
gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable
Assembling for Purpose of Committing Dacoity: Section 402
Whoever, at any time after the passing of this Act, shall be one of five or more persons
assembled for the purpose of committing Dacoity shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to fine.
Crimes against Persons
Crimes against persons are a category of crime that consists of offenses that usually involve
causing or attempting to cause bodily harm or a threat of bodily harm. These actions are taken
without the consent of the individual the crime is committed against, or the victim.
These types of crimes do not have to result in actual harm - the fact that bodily harm could have
resulted and that the victim is put in fear for his/her safety is sufficient. The following will cover
important forms of crimes against persons such as culpable homicide, murder, rape, and hurt.
The offences under any law (mostly the Indian Penal Code) are classified as cognizable and non-
cognizable, as bailable or non-bailable and by the lowest courts which can try them. These are
given and defined in the First Schedule of the Code of Criminal Procedure, 1973.
Culpable Homicide: Section 299
Whoever causes death by doing an act with the intention of causing death, or with the intention
of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely
by such act to cause death, commits the offence of culpable homicide.
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Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the
knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on
it, falls in and is killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be
likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty
of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not
knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of
culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew
was likely to cause death.
Explanation I — A person who causes bodily injury to another who is laboring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to
have caused his death.
Explanation 2 — Where death is caused by bodily injury, the person who causes such bodily
injury shall be deemed to have caused the death, although by resorting to proper remedies and
skilful treatment the death might have been prevented.
Explanation 3 — The causing of the death of child in the mother’s womb is not homicide. But it
may amount to culpable homicide to cause the death of a living child, if any part of that child has
been brought forth, though the child may not have breathed or been completely born.
Culpable homicide: Section 299
Whoever causes death by doing an act with the intention of causing death, or with the intention
of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely
by such act to cause death, commits the offence of culpable homicide.
Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the
knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on
it, falls in and is killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be
likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty
of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not
knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of
culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew
was likely to cause death.
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Explanation I — A person who causes bodily injury to another who is laboring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to
have caused his death.
Explanation 2 — Where death is caused by bodily injury, the person who causes such bodily
injury shall be deemed to have caused the death, although by resorting to proper remedies and
skilful treatment the death might have been prevented.
Explanation 3 — The causing of the death of child in the mother’s womb is not homicide. But it
may amount to culpable homicide to cause the death of a living child, if any part of that child has
been brought forth, though the child may not have breathed or been completely born.
Murder: Section 300
Firstly- Except in the cases hereinafter excepted, culpable homicide is murder, if the act by
which the death is caused is done with the intention of causing death, or—
Secondly- If it is done with the intention of causing such bodily injury as the offender knows to
be likely to cause the death of the person to whom the harm is caused, or—
Thirdly- If it is done with the intention of causing bodily injury to any person and the bodily
injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—
Fourthly- If the person committing the act knows that it is so imminently dangerous that it must,
in all probability, cause death or such bodily injury as is likely to cause death, and commits such
act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death,
strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is
guilty of murder, although the blow might not have been sufficient in the ordinary course of
nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is
labouring under any disease, gives him such a blow as would not in the ordinary course of nature
kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is
not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary
course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in
the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he
may not have intended to cause Z’s death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A
is guilty of murder, although he may not have had a premeditated design to kill any particular
individual.
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Exception 1 —When culpable homicide is not murder.—Culpable homicide is not murder if

the offender, whilst deprived of the power of self-control by grave and sudden provocation,
causes the death of the person who gave the provocation or causes the death of any other person
by mistake or accident.
The above exception is subject to the following provisos:
First — That the provocation is not sought or voluntarily provoked by the offender as an excuse
for killing or doing harm to any person.
Secondly — That the provocation is not given by anything done in obedience to the law, or by a
public servant in the lawful exercise of the powers of such public servant.
Thirdly — That the provocation is not given by anything done in the lawful exercise of the right
of private defence.
Explanation — Whether the provocation was grave and sudden enough to prevent the offence
from amounting to murder is a question of fact.
Illustrations
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y,
Z’s child. This is murder, in as much as the provocation was not given by the child, and the death
of the child was not caused by accident or misfortune in doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither
intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z.
Here A has not committed murder, but merely culpable homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest,
and kills Z. This is murder, in as much as the provocation was given by a thing done by a public
servant in the exercise of his powers.
(d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A’s
deposition, and that A has perjured himself. A is moved to sudden passion by these words, and
kills Z. This is murder.
(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to
prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z.
This is murder, in as much as the provocation was given by a thing done in the exercise of the
right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take
advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B
kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of
murder.
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Exception 2 — Culpable homicide is not murder if the offender, in the exercise in good faith of
the right of private defence of person or property, exceeds the power given to him by law and
causes the death of the person against whom he is exercising such right of defence without
premeditation, and without any intention of doing more harm than is necessary for the purpose of
such defence.
Illustration
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a
pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent
himself from being horse whipped, shoots Z dead. A has not committed murder, but only
culpable homicide.
Exception 3 — Culpable homicide is not murder if the offender, being a public servant or aiding
a public servant acting for the advancement of public justice, exceeds the powers given to him by
law, and causes death by doing an act which he, in good faith, believes to be lawful and
necessary for the due discharge of his duty as such public servant and without ill-will towards the
person whose death is caused.
Exception 4 — Culpable homicide is not murder if it is committed without premeditation in a

sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken
undue advantage or acted in a cruel or unusual manner.
Explanation — It is immaterial in such cases which party offers the provocation or commits the
first assault.
Exception 5 — Culpable homicide is not murder when the person whose death is caused, being
above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Culpable homicide by causing death of person other than person whose death was intended:
Section 301
If a person, by doing anything which he intends or knows to be likely to cause death, commits
culpable homicide by causing the death of any person, whose death he neither intends nor knows
himself to be likely to cause, the culpable homicide committed by the offender is of the
description of which it would have been if he had caused the death of the person whose death he
intended or knew himself to be likely to cause.
Punishment for Murder: Section 302
Whoever commits murder shall be punished with death, or imprisonment for life, and shall also
be liable to fine.
Punishment for murder by life-convict: Section 303
Whoever, being under sentence of imprisonment for life, commits murder, shall be punished
with death.
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Punishment—Death—Cognizable—Non-bailable—Triable by Court of Session— Non-
compoundable.
Punishment for culpable homicide not amounting to murder: Section 304
Whoever commits culpable homicide not amounting to murder shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine, if the act by which the death is caused is done with the
intention of causing death, or of causing such bodily injury as is likely to cause death, or with
imprisonment of either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause death, but without any
intention to cause death, or to cause such bodily injury as is likely to cause death.
Dowry death: Section 304B
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before
her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called "dowry
death", and such husband or relative shall be deemed to have caused her death.
Explanation
(1) For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of
the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall
not be less than seven years but which may extend to imprisonment for life.
Rape and other unnatural sexual offences (Section 375-377)
Rape: Section 375
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual
intercourse with a woman under circumstances falling under any of the six following
descriptions:
First — Against her will.

Secondly — Without her consent.
Thirdly — With her consent, when her consent has been obtained by putting her or any person
in whom she is interested in fear of death or of hurt.
Fourthly — With her consent, when the man knows that he is not her husband, and that her
consent is given because she believes that he is another man to whom she is or believes herself to
be lawfully married.
Fifthly — With her consent, when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by him personally or through another of any
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stupefying or unwholesome substance, she is unable to understand the nature and consequences
of that to which she gives consent.
Sixthly — With or without her consent, when she is under sixteen years of age.
Explanation — Penetration is sufficient to constitute the sexual intercourse necessary to the

offence of rape.
Exception — Sexual intercourse by a man with his own wife, the wife not being under fifteen
years of age, is not rape.
STATE AMENDMENT
Union Territory of Manipur:
(a) In clause sixthly, for the word "sixteen" substitute the word "fourteen"; and
(b) In the Exception, for the word "fifteen" substitute the word "thirteen". Vide Act 30 of 1950.
Punishment for rape: Section 376
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished
with imprisonment of either description for a term which shall not be less than seven years but
which may be for life or for a term which may extend to ten years and shall also be liable to fine
unless the women raped is his own wife and is not under twelve years of age, in which cases, he
shall be punished with imprisonment of either description for a term which may extend to two
years or with fine or with both: Provided that the court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven
years.
(2) Whoever,
(a) Being a police officer commits rape

(i) Within the limits of the police station to which he is appointed; or
(ii) In the premises of any station house whether or not situated in the police station to which he
is appointed; or
(iii) On a woman in his custody or in the custody of a police officer subordinate to him; or
(b) Being a public servant, takes advantage of his official position and commits rape on a woman
in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) Being on the management or on the staff of a jail, remand home or other place of custody
established by or under any law for the time being in force or of a woman’s or children’s
institution takes advantage of his official position and commits rape on any inmate of such jail,
remand home, place or institution; or
(d) Being on the management or on the staff of a hospital, takes advantage of his official position
and commits rape on a woman in that hospital; or
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(e) Commits rape on a woman knowing her to be pregnant; or
(f) Commits rape on a woman when she is under twelve years of age; or
(g) Commits gang rape, shall be punished with rigorous imprisonment for a term which shall not
be less than ten years but which may be for life and shall also be liable to fine: Provided that the
court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment of either description for a term of less than ten years.
Explanation 1 — Where a woman is raped by one or more in a group of persons acting in

furtherance of their common intention, each of the persons shall be deemed to have committed
gang rape within the meaning of this sub-section.
Explanation 2 — "Women’s or children’s institution" means an institution, whether called an

orphanage or a home for neglected woman or children or a widows’ home or by any other name,
which is established and maintained for the reception and care of woman or children.
Explanation 3 — "Hospital" means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence or of persons
requiring medical attention or rehabilitation.
Hurt and Grievous Hurt (Sec.319-320)
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by
Magistrate of the first class—Non-compoundable.
Hurt: Section 319
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Grievous hurt: Section 320
The following kinds of hurt only are designated as "grievous":
First — Emasculation.
Secondly — Permanent privation of the sight of either eye.
Thirdly — Permanent privation of the hearing of either ear,
Fourthly — Privation of any member or joint.
Fifthly — Destruction or permanent impairing of the powers of any member or joint.
Sixthly — Permanent disfiguration of the head or face.
Seventhly — Fracture or dislocation of a bone or tooth.
Eighthly — Any hurt which endangers life or which causes the sufferer to be during the space
of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
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Force, Criminal Force and Assault (Sec.349-351)
Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any
Magistrate—Non-compoundable.
Section 349. Force — A person is said to use force to another if he causes motion, change of
motion, or cessation of motion to that other, or if he causes to any substance such motion, or
change of motion, or cessation of motion as brings that substance into contact with any part of
that other’s body, or with anything which that other is wearing or carrying, or with anything so
situated that such contact affects that other’s sense of feeling: Provided that the person causing
the motion, or change of motion, or cessation of motion, causes that motion, change of motion,
or cessation of motion in one of the three ways hereinafter described.
First — By his own bodily power.

Secondly — By disposing any substance in such a manner that the motion or change or cessation
of motion takes place without any further act on his part, or on the part of any other person.
Thirdly — By inducing any animal to move, to change its motion, or to cease to move.
Section 350. Criminal force
Whoever intentionally uses force to any person, without that person’s consent, in order to the
committing of any offence, or intending by the use of such force to cause, or knowing it to be
likely that by the use of such force he will cause injury, fear or annoyance to the person to whom
the force is used, is said to use criminal force to that other.
Section 351. Assault
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to apprehend that he who makes that gesture
or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation — Mere words do not amount to an assault. But the words which a person uses
may give to his gestures or preparation such a meaning as may make those gestures or
preparations amount to an assault.
Illustrations
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to
believe that A is about to strike Z, A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he
may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an
assault upon Z.
(c) A takes up a stick, saying to Z, "I will give you a beating". Here, though the words used by A
could in no case amount to an assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault, the gesture explained by the words may amount
to an assault.
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CHAPTER VIII - OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Crimes against public tranquility
Section 141. Unlawful assembly

An assembly of five or more persons is designated an "unlawful assembly", if the common
object of the persons composing that assembly is-
First — To overawe by criminal force, or show of criminal force, the Central or any State
Government or Parliament or the Legislature of any State, or any public servant in the exercise
of the lawful power of such public servant; or
Second — To resist the execution of any law, or of any legal process; or
Third — To commit any mischief or criminal trespass, or other offence; or
Fourth — By means of criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the
use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce
any right or supposed right; or
Fifth — By means of criminal force, or show of criminal force, to compel any person to do what
he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation — An assembly which was not unlawful when it assembled, may subsequently
become an unlawful assembly.
Section 142. Being member of unlawful assembly
Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally
joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
Section 143. Punishment
Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine, or with both.
Punishment—Imprisonment for 6 months, or fine, or both—cognizable—Bailable— Triable by
any Magistrate—Non-compoundable.
Section 144. Joining unlawful assembly armed with deadly weapon
Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of
offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by
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Section 145. Joining or continuing in unlawful assembly, knowing it has been commanded
to disperse
Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has
been commanded in the manner prescribed by law to disperse, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.
Section 146. Rioting
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in

prosecution of the common object of such assembly, every member of such assembly is guilty of
the offence of rioting.
Section 147. Punishment for rioting
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Comments
The Sub-Inspector was pursuing investigation which is his duty and therefore it could not be said
that while he was pursuing the investigation, it was in pursuance of an unlawful object and
therefore no conviction could be passed under section 147; Maiku v. State of Uttar Pradesh,
(1989) Cr LJ 860 : AIR 1989 SC 67.
Section 148. Rioting, armed with deadly weapon
Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as
a weapon of offence, is likely to cause death, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
Comments
There must be nexus between the common object and the offence committed and if it is found
that the same was committed to accomplish the common object every member of the assembly
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will become liable for the same; Allauddin Mian Sharif Mian v. State of Bihar, (1989) Cr LJ
1466 : AIR 1989 SC 1456.
Section 149. Every member of unlawful assembly guilty of offence committed in

prosecution of common object
If an offence is committed by any member of an unlawful assembly in prosecution of the

common object of that assembly, or such as the members of that assembly knew to be likely to
be committed in prosecution of that object, every person who, at the time of the committing of
that offence, is a member of the same assembly, is guilty of that offence.
Punishment—The same as for the offence—According as offence is cognizable or non-
cognizable—According as offence is bailable or non-bailable—Triable by court by which the
offence is triable—Non-compoundable.
Section 150. Hiring, or conniving at hiring, of persons to join unlawful assembly
Whoever hires or engages or employs, or promotes, or connives at the hiring, engagement or

employment of any person to join or become a member of any unlawful assembly, shall be
punishable as a member of such unlawful assembly, and for any offence which may be
committed by any such person as a member of such unlawful assembly in pursuance of such
hiring, engagement or employment, in the same manner as if he had been a member of such
unlawful assembly, or himself had committed such offence.
Punishment—The same as for a member of such assembly, and for any offence committed by
any members of such assembly—Cognizable—According as offence is bailable or non-
bailable—Triable by court by which the offence is triable—Non-compoundable.
Section 151. Knowingly joining or continuing in assembly of five or more persons after it
has been commanded to disperse
Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a
disturbance of the public peace, after such assembly has been lawfully commanded to disperse,
shall be punished with imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
Explanation — If the assembly is an unlawful assembly within the meaning of section 141, the
offender will be punishable under section 145.
Punishment—Imprisonment for 6 months, or fine, or both—Cognizable— Bailable—Triable by
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Section 152. Assaulting or obstructing public servant when suppressing riot, etc.
Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant
in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful
assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to
such public servant, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Section 153. Wantonly giving provocation with intent to cause riot—if rioting be
committed—if not committed
Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any
person intending or knowing it to be likely that such provocation will cause the offence of rioting
to be committed, shall, if the offence of rioting be committed in consequence of such
provocation, be punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both; and if the offence of rioting be not committed, with
imprisonment of either description for a term which may extend to six months, or with fine, or
with both.
Para I: Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable
by any Magistrate—Non-compoundable.
Para II: Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.
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UNIT III: CRPC (CRIMINAL PROCEDURE CODE)

Organizational setup of courts in India
Chapter II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Section 6. Classes of Criminal Courts—Besides the High Courts and the Courts constituted
under any law, other than this Code, there shall be, in every State, the following classes of
Criminal Courts, namely:
(i) Courts of Session;

(ii) Judicial Magistrate of the first class and, in any Metropolitan area,
Metropolitan Magistrate;
(iii) Judicial Magistrate of the second class; and
(iv) Executive Magistrate
Section 7. Territorial divisions
(1) Every State shall be a session’s division or shall consist of sessions divisions; and every
session’s division shall, for the purposes of this Code, be a district or consist of districts:
Provided that every metropolitan area shall, for the said purposes, be a separate sessions division
and district
(2) The State Government may, after consultation with the High Court, alter the limits or the
number of such divisions and districts
(3) The State Government may, after consultation with the High Court, divide any district into
sub-divisions and may alter the limits or the number of such sub-divisions
(4) The session’s divisions, districts and sub-divisions existing in a State at the commencement
of this Code, shall be deemed to have been formed under this section.
Section 8. Metropolitan areas
(1) The State Government may, by notification, declare that, as from such date as may be
specified in the notification, any area in the State comprising a city or town whose population
exceeds one million shall be a metropolitan area for the purposes of this Code
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta
and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to
be a metropolitan area
(3) The State Government may, by notification, extend, reduce or alter the limits of a
metropolitan area but the reduction or alteration shall not be so made as to reduce the population
of such area to less than one million
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(4) Where, after an area has been declared, or deemed to have been declared to be, a
metropolitan area, the population of such area falls below one million, such area shall, on and
from such date as the State Government may, by notification, specify in this behalf, cease to be a
metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending
immediately before such cesser before any Court or Magistrate in such area shall continue to be
dealt with under this Code, as if such cesser had not taken place
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any
metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal
pending immediately before such reduction or alteration before any Court or Magistrate, and
every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such
reduction or alteration had not taken place.
Explanation—In this section, the expression "population" means the population as ascertained
at the last preceding census of which the relevant figures have been published.
Section 9. Court of Session
(1) The State Government shall establish a Court of Session for every session’s division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges
to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one session’s division may be appointed by the High Court to be also
an Additional Sessions Judge of another division, and in such case he may sit for the disposal of
cases at such place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for
the disposal of any urgent application which is, or may be, made or pending before such Court of
Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant
Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or
Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Sessions shall ordinarily hold its sitting at such place or places the High Court
may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion
that it will tend to the general convenience of the parties and witnesses to hold its sittings at any
other place in the sessions division, it may, with the consent of the prosecution and the accused,
sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
Explanation — For the purposes of this Code, "appointment" does not include the first
appointment, posting or promotion of a person by the Government to any Service, or post in
connection with the affairs of the Union or of a State, where under any law; such appointment,
posting or promotion is required to be made by Government.
Section 11. Courts of Judicial Magistrates

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(1) In every district (not being a metropolitan area), there shall be established as many Courts of
Judicial Magistrates of the first class and of the second class, and at such places, as the State
Government may, after consultation with the High Court, by notification, specify:
Provided that the State Government may, after consultation with the High Court, establish, for
any local area, one or more Special Courts of Judicial Magistrate of the first class or of the
second class to try any particular case or particular class of cases, and where any such Special
Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try
any case or class of cases for the trial of which such Special Court of Judicial Magistrate has
been established.
(2) The presiding officers of such Courts shall be appointed by the High Courts.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the
powers of a Judicial Magistrate of the first class or of the second class on any member of the
Judicial Service of the State, functioning as a Judge in a Civil Court.
Section 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial
Magistrate of the first class to the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional
Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief
Judicial Magistrate under this Code or under any other law for the time being in force as the
High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first class in any subdivision
as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this
section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial
Magistrate shall also have and exercise, such powers of supervision and control over the work of
the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as
the High Court may, by general or special order, specify in this behalf.
Section 13. Special Judicial Magistrates
(1) The High Court may, if requested by the Central or State Government so to do, confer upon
any person who holds or has held any post under the Government all or any of the powers
conferred or conferrable by or under this Code on a Judicial Magistrate of the first class or of the
second class, in respect to particular cases or to particular classes of cases, in any local area, not
being a metropolitan area: Provided that no such power shall be conferred on a person unless he
possesses such qualification or experience in relation to legal affairs as the High Court may, by
rules, specify
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(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such
term, not exceeding one year at a time, as the High Court may, by general or special order, direct
(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a
Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction
Section 14. Local Jurisdiction of Judicial Magistrates
(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time,
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 respectively be
invested under this Code: Provided that the Court of a Special Judicial Magistrate may hold its
sitting at any place within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such
Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or
section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in
which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief
Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate,
throughout the area within his local jurisdiction, be construed, unless the context otherwise
requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan
Magistrate, as the case may be, exercising jurisdiction in relation to the said district or
metropolitan area.
Section 15. Subordination of Judicial Magistrates
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other
Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to
the Chief Judicial Magistrate
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders,
consistent with this Code, as to the distribution of business among the Judicial Magistrates
subordinate to him.
Section 16. Courts of Metropolitan Magistrates
(1) In every metropolitan area, there shall be established as many Courts of Metropolitan
Magistrates, and at such places, as the State Government may, after consultation with the High
Court, by notification, specify
(2) The presiding officers of such Courts shall be appointed by the High Court
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the
metropolitan area.
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Section 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction,
appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan
area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief
Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief
Metropolitan Magistrate under this Code or under any other law for the time being in force as the
High Court may direct.
Section 18. Special Metropolitan Magistrates
(1) The High Court may, if requested by any Central or State Government so to do, confer upon
any person who holds or has held any post under the Government, all or any of the powers
conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to
particular cases or to particular classes of cases *** in any metropolitan area within its local
jurisdiction: Provided that no such power shall be conferred on a person unless he possesses such
qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for
such term, not exceeding one year at a time, as the High Court may, by general or special order,
direct
(3) The High Court or the State Government, as the case may be, may empower any Special
Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers
of a Judicial Magistrate of the first class.
Section 19. Subordination of Metropolitan Magistrates
(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall
be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to
the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate
(2) The High Court may, for the purposes of this Code, define the extent of the subordination if
any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders,
consistent with this Code, as to the distribution of business among the Metropolitan Magistrates
and as to the allocation of business to an Additional Chief Metropolitan Magistrate
Section 20. Executive Magistrates

(1) In every district and in every metropolitan area The State Government may appoint as many
persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the
District Magistrate
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(2) The State Government may appoint any Executive Magistrate to be an Additional District
Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this
Code or under any other law for the time being in force as may be directed by the State
Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming Vacant, any officer
succeeds temporarily to the executive administration of the district, such officer shall, pending
the orders of the State Government, exercise all the powers and perform all the duties
respectively conferred and imposed by this Code on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and
may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a
sub-division shall be called the Sub-divisional Magistrate.
(5) Nothing in this section shall preclude the State Government from conferring Under any law
for the time being in force, on a Commissioner of Police, all or any of the powers of an
Executive Magistrate in relation to a metropolitan area.
Section 21. Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to
be known as Special Executive Magistrates for particular areas or for the performance of
particular functions and confer on such Special Executive Magistrates such of the powers as are
conferrable under this Code on Executive Magistrate, as it may deem fit
Comments
Special Executive Magistrate is entitled to exercise any of powers of the Executive Magistrate
conferred by the Code, State of Maharashtra v Mohammad Salim Khan, (1991)1 Crimes 120
(SC)
Section 22. Local Jurisdiction of Executive Magistrates
(1) Subject to the control of the State Government, the District Magistrate may, from time to
time, define the local limits of the areas within which the Executive Magistrates may exercise all
or any of the powers with which they may be invested under this Code
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such
Magistrate shall extend throughout the district
Section 23. Subordination of Executive Magistrates
(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate
to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional
Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional
Magistrate, subject, however, to the general control of the District Magistrate
(2) The District Magistrate may, from time to time, make rules or give special orders, consistent
with this Code, as to the distribution of business among the Executive Magistrates subordinate to
him and as to the allocation of business to an Additional District Magistrate
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The Complaint
This part of lesson will assist the police officer to collect all the relevant information that he
should acquire when he receives a complaint of abuse from either a child or another source. This
information will assist the police officer to determine the priorities for the next steps that should
be taken to ensure the immediate protection of the victim and to reduce the risk of the suspect
escaping either alone or with the child. Following these first steps the investigating police officer
can use the information collected to effectively plan the strategies for the investigation. (Planning
the investigation is dealt with in Chapter 4)
When a complaint of child abuse or exploitation is received
The police officer that receives a complaint of alleged child abuse or exploitation should
complete a detailed criminal offence report and immediately notify his/her supervisor about the
complaint.
The supervisor should ensure that any allegations of child abuse are, where possible, investigated
by an experienced police investigator.
The initial information obtained from a child or any other person who complains is critical in the
investigation and later prosecution processes. The following details should be recorded in writing
when taking a complaint of suspected child abuse:
 Time, date and place the complaint or information is received.
 Name, address, telephone and any other information to later locate the person who
provides the complaint or information.
 The names, addresses, ages and any other information that may assist to identify the child
and their parents.
 Any information about the relationship between the child and the alleged offender.
 Details about the alleged child abuse and if another person reports the complaint, how
they learnt about the abuse of the child.
 Details about the current location of the child and the parents.
The identity of the any person that a victim of a sexual offence may have first told about the
sexual abuse and accurately record the words that the victim used to complain to that other
person of the sexual abuse. Evidence from this other person can assist to give credibility to the
victim’s complaint.
Any other relevant information including details about any other children that may be at risk at
the same the same offender/s at the same location or another.
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The police officer receiving the complaint of suspected child abuse should instruct the person
making the complaint not to discuss the allegations with the child or any other person.
All information obtained should be treated with complete confidentiality.
A detailed and signed statement should be obtained from the person making the complaint as
soon as practicable.
After you have received a complaint, your initial inquiries should include the following when
appropriate:
Determine the urgency of the complaint. The following matters should be fully considered to
assist in determining the urgency and priorities for planning the investigation:
The current welfare and protection required by the child.
o The age and development level of the child.

o Any potential loss of evidence.
o The likelihood of the abuse continuing without intervention.
o The relationship of the child to the suspect abuser.
o The likelihood that the child may be moved from the known current location either
to new premises or over an international border.
o The seriousness of the alleged abuse.
 Check police records for any similar criminal activity and especially violent crimes
previously committed by the identified suspect.
 Check the police “Missing Person” records if the full identity of the child and his/her
parents are unknown.
 Contact any specialized unit assigned to policing prostitution and gather information
about the brothel including its ownership, management, security, exact location.
 Contact border and/ or immigration police and notify them in relation to any possible
movement over a border by the suspect or child. Supply these police with a detailed
description of the suspect and child.
 Contact the head of your nearest government agency responsible for child welfare to
gather any information that the agency has in relation to the child, its family or the alleged
suspect.
 Contact the child’s parents and notify them about the complaint received, but do not give
any details about your investigation plan or the alleged suspect’s identity or the current
whereabouts of the child, unless the child is in a safe location.
 Remember that the parents themselves may be the abuser or a knowing party to the
alleged abuse or exploitation. A parent may be responsible for selling their child into
prostitution or other types of labor that is harmful to the child’s physical and mental health.
When a magistrate takes cognizance of an offence under Section 190 (upon receipt of a
complaint or otherwise), he examines the complaint in accordance with Section 200 by
examining the facts and the witnesses. If he finds that the complaint is with merits, the case is
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deemed committed for trial and the magistrate issues the process under Section 204. If the
offence is exclusively triable by Court of Session, the magistrate commits the case to Court of
Session under Section 209.
Table 3.1 Information and Complaint
Information Complaint
As per Section 2(d), a complaint means any

It may include information about commission
allegation made orally or in writing to a
of offences, apprehension about breach of
magistrate, with a view to his taking action
peace, and presence of absconder and
under this code (CrPC), that some person,
suspected persons to police officers or
whether known or unknown, has committed an
magistrate. Thus, information may not
offence, but does not include a police report.
necessarily about an offence.
The purpose of complaint is that the magistrate
No action from the magistrate is expected.
takes action on it and provides relief.
No cognizance is taken. Magistrate takes cognizance of the offence as
per Section 190.
No legal definition. It is used in its regular
It is always about commission of an offence.
English meaning.
Inquiry
Section 2 (g) "inquiry" means every inquiry, other than a trial, conducted under this Code by a
Magistrate or Court;
Case – The word Inquiry has been defined u/s 2 (g), Cr.P.C. It is evident from the Provision that
every Inquiry other than a trial conducted by the Magistrate or Court is an Inquiry. No specific
mode or manner of inquiry is provided u/s 20, of the code. In the inquiry envisaged u/s 202,
Cr.P.C. examination of the complainant only is necessary with the option of examining the
witnesses present, if any. This exercise by the Magistrate, for the purpose of deciding whether or
not there is sufficient ground for proceeding against the accused, is nothing but an Inquiry
envisaged u/s 202.
An inquiry is basically a proceeding wherein the magistrate or court applies the judicial mind
and the purpose of such judicial mind is to determine whether further proceedings moving
towards the trial shall be taken or not. Inquiry as a stage of criminal process commences with the
cognizance taken by magistrate u/s 190. However the filing of complaint or the police report
whereupon the magistrate applies his mind on the point whether he shall take cognizance or not
will also be deemed to be a part of the stage of inquiry. The inquiry proceedings move until the
stage of commencement of charge framing. Thereafter with the charge of framing the trial
process starts. During an inquiry some important proceedings that can be taken place in the
inquiry. For Example:
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1. Taking of Cognizance
2. Complaint proceeding
3. Dismissal of complaint
4. Issue of process
5. Handing over of documents
6. Fixation of date for 1st hearing etc.
Distinction between Investigation, Inquiry and Trial Investigation, inquiry and trial are three
different stages of a criminal case. The case is first investigated by the police to ascertain
whether an offence has actually been committed and if so, by whom and the nature of evidence
available for the prosecution. Inquiry is the second stage which is conducted by a Magistrate for
the purpose of committing the accused to sessions or discharging him when no case has been
made out. In case of complaints made to a Magistrate, it refers to a preliminary inquiry made by
him under Section 202 to ascertain the truth or falsehood of the complaint or whether there is any
matter which calls for investigation by a criminal court. The final stage of the case comes when
the accused is put on trial before the Sessions Judge or the Magistrate when he is empowered by
law to try the cases himself. Investigation and Inquiry:
(1) An investigation is made by a police officer or by some person authorized by a Magistrate

but is never made by a Magistrate or a court. An inquiry is a judicial proceeding made by a
Magistrate or a court.
(2) The object of an investigation is to collect evidence for the prosecution of the case, while the
object of an inquiry is to determine the truth or falsity of certain facts with a view to taking
further action thereon.
(3) Investigation is the first stage of the case and normally precedes enquiry by a Magistrate.
Inquiry and Trial:
Both inquiry and trial are judicial proceedings, but they differ in the following respects:
 An enquiry does not necessarily mean an inquiry into an offence for, it may, as well
relate to matters which are not offences, e.g., inquiry made in disputes as to immovable
property with regard to possession, public nuisances, or for the maintenance of wives and
children. A trial on the other hand, is always of an offence.
 An inquiry in respect of an offence never ends in conviction or acquittal; at the most.
It may result in discharge or commitment of the case to sessions. A trial must invariably
end in acquittal or conviction of the accused.
Key Points
 Investigation is the first stage. It is done by the police to ascertain whether an offence has
actually been committed and if so, by whom and the nature of evidence available for the
prosecution.
 Inquiry is the second stage which is conducted by a Magistrate for the purpose of
committing the accused to sessions or discharging him when no case has been made out.
 The final stage is Trial. It comes when the accused is put on trial before the Sessions
Judge or the Magistrate when he is empowered by law to try the cases himself.
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Section 116. Inquiry as to truth of information
(1) When an order under section 111 has been read or explained under section 112 to a person in
Court, or when any person appears or is brought before a Magistrate in compliance with, or in
execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to
inquire into the truth of the information upon which action has been taken, and to take such
further evidence as may appear necessary
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter
prescribed for conducting trial and recording evidence in summons-cases
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the
Magistrate, if he considers that immediate measures are necessary for the prevention of a breach
of the peace or disturbance of the public tranquility or the Commission of any offence or for the
public safety, may, for reason to be recorded in writing, direct the person in respect of whom the
order under section 111 has been made to execute a bond, with or without sureties, for keeping
the peace or maintaining good behaviour until the conclusion of the inquiry and may detain him
in custody until such bond is executed or, in default of execution, until the inquiry is concluded:
Provided that—
(a) no person against whom proceedings are not being taken over under section 108, section 109,
or section 110 shall be directed to execute a bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of
sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous
than those specified in the order under section 111
(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate
and dangerous as to render his being at large without security hazardous to the community may
be proved by evidence of general repute or otherwise
(5) Where two or more persons have been associated together in the matter under inquiry, they
may be dealt with in the same or separate inquiries as the Magistrate shall think just
(6) The inquiry under this section shall be completed within a period of six months from the date
of its commencement, and if such inquiry is not so completed, the proceedings under this
Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be
recorded in writing, the Magistrate otherwise directs: Provided that where any person has been
kept in detention pending such inquiry, the proceeding against that person, unless terminated
earlier, shall stand terminated on the expiry of a period of six months of such detention
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings,
the Sessions Judge may, on an application made to him by the aggrieved party, vacate such
direction if he is satisfied that it was not based on any special reason or was perverse.
Section 117. Order to give security

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If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good
behaviour, as the case may be, that the person in respect of whom the inquiry is made should
execute a bond, with or without sureties, the Magistrate shall make an order accordingly:
Provided that
(a) no person shall be ordered to give security of a nature different from, or of an amount larger
than, or for a period longer than, that specified in the order made under section 111;
(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and
shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be
executed only by his sureties.
Section 148. Local inquiry
(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section
147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to
him to make the inquiry, and may furnish him with such written instructions as may seem
necessary for his guidance, and may declare by whom the whole or any part of the necessary
expenses of the inquiry shall be paid
(2) The report of the person so deputed may be read as evidence in the case
(3) When any costs have been incurred by any party to a proceeding under section 145, section
146 or section 147, the Magistrate passing a decision may direct by who such costs shall be paid,
whether by such party or by any other party to the proceeding, and whether in whole or in part or
proportion and such costs may include any expenses incurred in respect of witnesses and of
pleaders' fees, which the Court may consider reasonable.
Section 176. Inquiry by Magistrate into cause of death
(1) When any person dies while in the custody of the police or when the case is of the nature
referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate
empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section
174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of,
or in addition to, the investigation held by the police officer; and if he does so, he shall have all
the powers in conducting it which he would have in holding an inquiry into an offence
(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection
therewith in any manner hereinafter prescribed according to the circumstances of the case
(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of
any person who has been already interred, in order to discover the cause of his death, the
Magistrate may cause the body to be disinterred and examined
(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable,
inform the relatives of the deceased whose names and addresses are known, and shall allow them
to remain present at the inquiry
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Explanation—in this section, the expression "relative" means parents, children brothers, sisters
and spouse
Case Law
Case of T.B. Hariparsad v/s State-1977, it was held that the powers of revision cannot be used
through interlocutory orders passed in any appeal inquiry, trial or other proceedings
under Section 397(2).
In a case of Paul George v/s State-2002, it was held that during the hearing of Revision argue
the person applying for revision should be considered seriously even though if they are too brief.
Section 2. Order of Inquiry:- Sec. 398 of the code provides powers of issuing order of inquiry
to High Court or court of Session. Accordingly on examining any record under section 397 or
otherwise the High Court or Session Judge may direct CJM by himself or by any of Magistrate
subordinate to him to make inquiry of any complaint which has been dismissed under sec.203 or
the case of any person accused of an offence who has been discharged.
Investigation
Section 2(h) "investigation" includes all the proceedings under this Code for the collection of
evidence conducted by a police officer or by any person (other than a Magistrate) who is
authorised by a Magistrate in this behalf;
“Investigation” has been defined under S. 2 (h) of the Criminal Procedure Code. It includes all
the proceedings under “the Code of Criminal Procedure, 1973” for the collection of evidence
conducted by a Police officer or by any person (other than a Magistrate) who is authorized by a
Magistrate.
The officer-in charge of a Police Station can start investigation either on information or
otherwise (section 157 CrPC).
The investigation consists of the following steps starting from the registration of the case:-
(i). Registration of the case as reported by the complainant u/s 154 CrPC,
(ii). Proceeding to the spot and observing the scene of crime,
(iii). Ascertainment of all the facts and circumstances relating to the case reported,
(iv). Discovery and arrest of the suspected offender(s),
(v). Collection of evidence in the form of oral statements of witnesses (sections 161/162 CrPC),
in the form of documents and seizure of material objects, articles and movable properties
concerned in the reported crime,
(vi). Conduct of searches of places and seizure of properties, etc.
(vii). Forwarding exhibits and getting reports or opinion from the scientific experts (section 293
CrPC)
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(viii). Formation of the opinion as to whether on the materials collected, there is a case to place
the accused before a magistrate for trial and if so, taking necessary steps for filing a charge sheet,
and
(ix). Submission of a Final Report to the court (section 173 Cr.P.C.) in the form of a Charge
Sheet along with a list of documents and a Memo of Evidence against the accused person(s).
Case - In Adri Dharan Das v. State of W.B., it has been opined that: “arrest is a part of the
process of investigation intended to secure several purposes. The accused may have to be
questioned in detail regarding various facets of motive, preparation, commission and aftermath
of the crime and connection of other persons, if any, in the crime.”
In Niranjan Singh v. State of U.P. , it has been laid down that investigation is not an inquiry or
trial before the Court and that is why the Legislature did not contemplate any irregularity in
investigation as of sufficient importance to vitiate or otherwise form any infirmity in the inquiry
or trial.
In S.N.Sharma v. Bipen Kumar Tiwari , it has been observed that the power of police to
investigate is independent of any control by the Magistrate.
In State of Bihar v. J.A.C. Saldanha , it has been observed that there is a clear cut and well
demarcated sphere of activity in the field of crime detection and crime punishment and further
investigation of an offence is the field exclusively reserved for the executive in the Police
Department. Manubhai Ratilal Patel v. State of Gujarat and Others,(2013) 1 SCC 314.
The documentation for the Police investigation shall include the following papers namely:-
(a). First Information Report (section 154 Cr.P.C.),

(b). Crime details form, - (I F.2)
(c). Arrest / court surrender memo
(d). Property seizure memo (e). Final Report Form (section 173 Cr.P.C.) Police Officer’s Power
to Investigate Cognizable Cases Any officer-in-charge of a Police Station may, without the order
of a magistrate, investigate any cognizable case which a court having jurisdiction over the local
area within the limits of such station would have power to inquire into or try under the provisions
of the Criminal Procedure Code. 1973.
Note : The courts have no control in such cases over the investigation or over the action of the
Police in holding such investigation. Where the offence takes place during night time, the
investigation officer should bring out in his investigation the existence of light at the time of the
incident. For this, he should clearly bring out the position of Electricity post / lights (public place
or private place) in the rough sketch of the scene of occurrence or the scene of crime to be drawn
on the crime details form. While recording the statements of witnesses of the occurrence or the
observation mahazar witnesses, the facts relating to the availability of light at the spot should be
highlighted.
Refusal of Investigation
(1). The following principles are laid down to guide the exercise of their discretion by Station
House Officers in the matter of refusing investigation under section 157 (1) (b) of the Criminal
Procedure Code.
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(2). The investigation may be properly refused in the following cases:-
(a). Triviality:- Trivial offences, such as are contemplated in section 95 of the Indian Penal Code.
“ Nothing is an offence by reason that it causes or that is intended to cause, or that it is known to
be likely to cause any harm, if that harm is so slight that no person or ordinary sense and temper
would complaint of such harm”.
(b). Civil Nature:- Cases clearly of civil nature or in which complainant is obviously
endeavouring to set the criminal law in motion to support a civil right.
(c). Petty thefts:- Cases of petty theft of property less than Rs. 10/- in value, provided that the
accused person is not an old offender, nor a professional criminal, and that the property does not
consist of sheep or goats.
(d). Injured person not wishing an inquiry:- Unimportant cases in which the person, injured does
not wish inquiry, unless
(i) the crime is suspected to be the work of a professional or habitual offender or
(ii) a rowdy element
(iii) the investigation appears desirable in the interests of the Public.
(e). Undetectable simple cases:- Simple cases of house-breaking or house trespass and petty
thefts of unidentifiable property, is none of which cases is there any clue to work upon or any
practical chance of detection, provided that there is nothing to indicate that the offence has been
committed by a professional criminal.
(f) Exaggerated assaults:- Assault in cases which have been obviously exaggerated by the
addition of the other charges such as theft.
Further Investigation
The mere undertaking of a further investigation either by the investigating officer on his own or
upon the directions of the superior police officer or pursuant to a direction by the Magistrate
concerned to whom the report is forwarded does not mean that the report submitted under
Section 173 (2) is abandoned or rejected. It is only that either the investigating agency or the
court concerned is not completely satisfied with the material collected by the investigating
agency and is of the opinion that possibly some more material is required to be collected in order
to sustain the allegations of the commission of the offence indicated in the report. Vipul Shital
Prasad Agarwal v. State of Gujarat and another, (2013) 1 SCC 197.
Section 139. Power of Magistrate to direct local investigation and examination of an expert
The Magistrate may, for the purposes of an inquiry under section 137 or section 138
(a) Direct a local investigation to be made by such person as he thinks fit; or
(b) Summon and examine an expert
Section 155. Information as to non-cognizable cases and investigation of such cases
(1) When information is given to an officer in charge of a police station of the commission
within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered
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the substance of the information in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf, and refer, the informant to the Magistrate
(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate
having power to try such case or commit the case for trial
(3) Any police officer receiving such order may exercise the same powers in respect of the
investigation (except the power to arrest without warrant) as an officer in charge of a police
station may exercise in a cognizable case
(4) Where a case relates to two or more offences of which at least one is cognizable, the case
shall be deemed to be a cognizable case, notwithstanding that the other offences are non-
cognizable.
Section 156. Police officer's power to investigate cognizable cases
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate
any cognizable case which a Court having jurisdiction over the local area within the limits of
such station would have power to inquire into or try under the provisions of Chapter XIII
(2) No proceeding of a police officer in any such case shall at any stage be called in question on
the ground that the case was one which such officer was not empowered under this section to
investigate
(3) Any Magistrate empowered under section 190 may order such an investigation as
abovementioned.
Comments
(i) The Magistrate has no power to take cognizance of an offence on basis of private complaint
that resulted in submission of the report under section 173 consequent upon reference under
section 156 (3) when once he has accepted negative police report and closed the proceedings; S
D Soni v State of Gujarat, (1991) Cr LJ 330 (SC)
(ii) Rejection of prosecution case on ground of illegality or irregularity not proper; Leela Ram v
State of Haryana, 1999 (8) JT 274: 1999 (8) Supreme 631
(iii) Conclusion of Court cant not be allowed to base solely on the probity of investigation; State
of Karnataka v K Yarappa Reddy, 1994 (8) SCC 715: 1999 (6) Scale 330: 1999 (8) JT 10.
Section 157. Procedure for investigation
(1) If, from information received or otherwise, an officer in charge of a police station has reason
to suspect the commission of an offence which he is empowered under section 156 to investigate,
he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of
such offence upon a police report and shall proceed in person, or shall depute one of his
subordinate officers not being below such rank as the State Government may, by general or
special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and
circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the
offender: Provided that
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(a) when information as to the commission of any such offence is given against any person by
name and the case is not of a serious nature, the officer in charge of a police station need not
proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for
entering on an investigation, he shall not investigate the case
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the
officer in charge of the police station shall state in his report his reasons for not fully complying
with the requirements to that sub-section, and, in the case mentioned in clause (b) of the said
proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be
prescribed by the State Government, the fact that he will not investigate the case or cause it to be
investigated
Comments
Section 157 casts a duty upon the investigating officer to forthwith send the report of the
cognizable offence to the concerned Magistrate The purpose for forthwith sending the report to
the concerned Magistrate is to keep the concerned Magistrate informed of the investigation of a
cognizable offence so that he may be able to control the investigation and if required, to issue
appropriate directions Mere delay in the despatch of the FIR itself is no ground to throw away
the prosecution case in its entirety Sending the report to the concerned Magistrate is a
circumstance which provides a basis to raise suspicion that the FIR is the result of consultation
and deliberations and it was recorded much later than the date and time mentioned in it, and
discloses that the investigation is not fair and forth right; Swati Ram v State of Rajasthan, (1997)
2 Crimes 148 (Raj)
Section 158. Report how submitted

(1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs,
be submitted through such superior officer of police as the State Government, by general or
special order, appoints in that behalf
(2) Such superior officer may give such instructions to the officer in charge of the police station
as he thinks fit, and shall, after recording such instructions on such report, transmit the same
without delay to the Magistrate
Section 159. Power to hold investigation or preliminary inquiry

Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once
proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry
into, or otherwise to dispose of, the case in the manner provided in this Code.
Interrogation
Interrogation is defined as questioning of a suspect or witness by law enforcement authorities.

Once a person being questioned is arrested (is a "prime" suspect) he/she is entitled to be
informed of his/her legal rights, and in no case may the interrogation violate rules of due
process.
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Police Interrogation Definition
Questioning put to an accused by the police with the purpose of eliciting a statement. "Police
interrogation (is) direct or indirect questioning put to the accused by the police with the purpose
of eliciting a statement from him." Custodial interrogation implies when an accused is in the
custody of enforcement officials or police officers for interrogation. While in custody, several
rights of the accused are on hold but some basic human and fundamental rights are nonetheless
within his reach.
The conditions for grant of custodial interrogation: (section 167 CrPC)
 Investigation not complete within 24 hours as under section 57 CrPC

 The accused is required in custody for further investigation
 The existence of grounds to believe that the information against the accused is well
founded.
 A copy of the diary entries as well as the accused shall be forwarded to the nearest
judicial magistrate.
Duration of Custody
 Not more than 15 days at a time

 Police custody cannot be more than 15 days in toto.
 In case of offences punishable with death, life imprisonment, or 10 years imprisonment,
custody for a maximum period of 90 days.
 In case of any other offence for a maximum period 60 days.
Judicial Authorities
Elumalai v. State of Tamil Nadu, 1983 LW (Crl) 121
A few guidelines before granting custodial interrogation:
Section 167(2) CrPC applies to arrest u/s 41(1) CrPC and in exceptional circumstances, to arrest
u/s 151(1) CrPC. The magistrate should be very watchful under this section that police does not
violate liberty of citizens, arbitrarily and unreasonably. Section 167 CrPC does not apply to
arrest u/s 41 (2) CrPC and court can order remand or extension of remand. The courts cannot
mechanically pass orders without verifying the entries in diary and satisfying themselves about
the real necessity for granting remand or extension thereof. The production of the accused before
the court is mandatory, and no magistrate can order custody in the absence of the accused. The
jail authorities shall not withhold the accused even for a minute than the order of detention as
detention without proper orders amounts to illegal detention
Gian Singh v. State (Delhi Administration) 1981 Cr L J 100

It is prudent for the police to allow a lawyer where the accused wants to have one at the time of
interrogation if they want to escape the censure that police interrogation is carried on in secrecy
by physical and psychic torture.
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Citizens for Democracy v. State of Assam (1995) 3 SCC 743

A Remand by a magistrat – Judicial or non-judicial- the accused shall not be handcuffed unless
there is a special order to that effect from the magistrate at the time of grant of remand.
Functionaries under the Code
Functionaries under the code: include the Magistrates and Judges of the Supreme Court and high
Court, Police, Public Prosecutors, Defence Counsels and Correctional services personnel.
Functions, Duties and Powers of these Machineries:
a) Police
The code does not mention anything about the constitution of police. It assumes the existence of
police and devolves various powers and responsibilities on to it. The police force is an
instrument for the prevention and detection of crime.
The administration of police in a district is done by DSP (District Superintendent of Police)

under the direction and control of District Magistrate.
Every police officer appointed to the police force other than the Inspector-General of Police and
the District superintendent of police receives a certificate in the prescribed form by the virtue of
which he is vested with the powers, functions and privileges of a police officer which shall be
cease to be effective and shall be returned forthwith when the police officer ceases to be a police
officer. The CrPC confers specific powers such as power to make arrest, search and investigate
on the members of the police force who are enrolled as police officers. Wider powers have been
given to police officers who are in charge of a police station. As per section 36 of CrPC which
reads as “the police officers superior in charge of a police station may exercise the powers of
such officials.”
b) Prosecutor
If the crime is of cognizable in nature, the state participates in a criminal trial as a party against
the accused. Public Prosecutor or Assistant Public Prosecutor is the state counsel for such trials.
Its main duty is to conduct Prosecutions on behalf of the state. The public Prosecutor cannot
appear on behalf of accused.
According to the prevailing practice, in respect of cases initiated on police reports, the
prosecution is conducted by the Assistant Public Prosecutor and in cases initiated on a private
complaint; the prosecution is either conducted by the complainant himself or by his duly
authorized counsel.
c) Defence Counsel
According to section 303, any person accused of an offence before a criminal court has a right to
be defended by a pleader of his choice. Such pleaders are not in regular employment of the state
and a paid remuneration by the accused person. Since, a qualified legal practitioner on behalf of
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the accused is essential for ensuring a fair trial, section 304 provides that if the accused does not
have means to hire a pleader; the court shall assign a pleader for him at state’s expense. At
present there are several schemes through which an indigent accused can get free legal aid such
as Legal Aid Scheme of State, Bar Association, Legal Aid and Service Board and Supreme Court
Senior Advocates Free Legal Aid society. The legal Services Authorities Act, 1987 also provides
free legal aid for the needy.
d) Prison authorities and Correctional Services Personnel
The court presumes the existence of Prisons and the Prison authorities. It empowers Magistrates
and judges under certain circumstances to order detention of under trial prisoners in jail during
the pendency of the proceedings. It also empowers the courts to impose sentences of
imprisonment on convicted persons and to send them to prison authorities. However, the code
does not make specific provisions for creation, working and control of such machinery. These
matters are dealt with in separate acts such as The Prisons Act 1894, The Prisoners Act 1900 and
The Probation of Offenders Act 1958.
Arrest (section 41 to 60)
This term “Arrest” is very common term that we pick up a lot in our day today life. Normally,
we see a person, who do or have done something against the law, get arrested. Generally, the
term “arrest” in its ordinary sense, means the apprehension or restraint or the deprivation of
one’s personal liberty. Let’s understand this term in Indian law, Criminal procedure Code, 1973
in its chapter V (section 41 to 60) deals with Arrest of a person. Ironically, Code has not defined
the term “Arrest”. Every deprivation of liberty or physical restraint is not arrest. Only the
deprivation of liberty by legal authority or at least by apparent legal authority, in a professionally
competent and adept manner amounts to arrest. Thus, we can say arrest means ‘apprehension of
a person by legal authority resulting in deprivation of his liberty’. An arrest consists of taking
into custody of another person under authority empowered by law for the purpose of holding or
detaining him to answer a criminal charge and preventing the commission of a criminal offence.
However, a person against whom no accusation of crime has been made may be arrested
/detained under a statute for certain purposes like removal in safe custody from one place to
another, for example – removal of a minor girl from a brothel. It is important to note that
‘custody’ and ‘arrest’ don’t have same meaning in this act. Taking of a person into judicial
custody is followed after the arrest of the person by Magistrate on appearance or surrender. In
every arrest there is custody but not vice versa. Thus, mere taking into custody of a person an
authority empowered to arrest may not necessarily amount to arrest. This code proposes two
types of arrests:
(i) Arrest made in pursuance of a warrant issued by a magistrate

(ii) Arrest made without such a warrant but made in accidence with some legal provision
permitting such arrest.
Who can Arrest?
Arrest can be made by police officer, Magistrate or any private person, like you or me can also
arrest a person but that can made only in accordance with some legal provision permitting such
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arrest. The code exempts the members of Armed forces from being arrested for anything done by
them in discharge of their official duties except after obtaining the consent of the government
(Sec. 45).
Any private individual may arrest a person only when the person a proclaimed offender and the
person commits a non bailable offence and cognizable offences in his presence (sec. 43). Any
magistrate (whether Executive or judicial) may arrest a person without a warrant (sec.
44). Under section 41, Arrest by police officer can be made without warrant only in cognizable
offences (sec.2(c)) and with warrant in non- cognizable offence (sec 2 (l)). Cognizable offences
are of more serious nature as compare to non cognizable offences i.e. Murder, kidnapping, theft,
etc.
How Arrest is made?
Sec. 46 describes the mode in which arrests are to be made (whether with or without warrant). In
making an arrest the police officer /other person making the same actually touches or confines
the body of the person to be arrested unless there be a submission to custody by words or
action. When the police arrests a person in execution of a warrant of arrest obtained from a
magistrate, the person so arrested shall not be handcuffed unless the police have obtained
orders from the Magistrate in this regard.
The person making an arrest may use ‘all means’ necessary to make arrest if person to be
arrested resists or attempts to evade the arrest. A police officer may, for the purpose of arresting
without warrant any person whom is authorized to arrest, pursue such person into any place in
India (sec 48). Arrested person shall not be subjected to unnecessary restraint and physical
inconvenience unless it’s necessary to do so to prevent his escape (sec. 49).
Rights of Arrested Persons
Arrest of a person is made in order to ensure his presence at the trial in connection with any
offences to which he is directly or indirectly connected or to prevent the commission of a
criminal offence. In law, there is principle of “presumption of innocence till he has proven
guilty” it requires a person arrested to be treated with humanity, Dignity and respectfully till his
guilt is proof. In a free society like ours, law is quite careful toward one’s “personal liberty” and
doesn’t permit the detention of any person without legal sanction. Even article 21 of our
constitution provides:
“No person shall be deprived of his life or personal liberty except according to procedure
established by law”. The procedure contemplated by this article must be ‘right, just and fair’ and
not arbitrary, fanciful or oppressive. The arrest should not only be legal but justified also, Even
the Constitution of India also recognize the rights of arrested person under the ‘Fundamental
Rights ‘and here I will inform you about those rights :-
 Right to be informed of the grounds of arrest under sec. 50 of CrPC and article 22 of
Indian Constitution, it’s a fundamental right to be informed. It is the duty of the police
officer to inform you and also tell whether the offence is bailable or non bailable.
Normally, Bailable offences are those where bailable can be granted and it is right of the
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person to be granted bail and Non- bailable offences are where bailable can’t be granted
generally and it’s the discretion of the court.
 In non- cognizable cases ,arrest are made with warrant and the person going to be
arrested have a right to see the warrant under Sec. 75 of crpc. Warrant of arrest should
fulfill certain requirements such as it should be in writing , signed by the presiding
officer , should have seal of court , Name and address of the accuse and offence under
which arrest is made. If any of these is missing, warrant is illegal.
 Under sec. 41 , police have a power to arrest a person without warrant as prompt and
immediate arrest is needed , no time to approach magistrate and obtain a warrant for
example in case where serious crime is has been perpetrated by a dangerous person or
where chances of that person absconding unless immediately arrested. Section 41 got
amended in 2008/2010 because of misuse of power conferred by this section to police
and amendments targeted the power conferred to police officer must be exercised after
reasonable care. Some clauses were put to this section such as police officer must act
reasonably that such arrest is necessary. Not in all cases arrest in necessary, Notice of
appearance before police officer can be made if reasonable complaint has been
made ,credible information has been received and suspicion exits of cognizable offence
and if concern person continues to comply with such notice and appears then arrest is not
necessary but he don’t, arrest can be made.( sec 41A)
 The police officer must be wearing a clear, visible and clear identification of his name
which facilitate easy identification. A memo of arrest must be prepared at the time of
arrest – (i) attested by least one witness, it can be family member or member of locality
where arrest is made (ii)counter signed by arrested person.
 Right of arrested person to meet an advocate of his choice during interrogation under sec.
41D and sec. 303 CrPC.
 Arrested person have a right to inform a family member, relative or friend his arrest U/
sec 50 of CrPC.
 Arrested person have right not to be detained for more than 24hrs, without being
presented before magistrate, it is to prevent unlawful and illegal arrests. This right is
fundamental right under article 22 of Indian constitution and supported under section 57
and 76 of CrPC.
 Arrested person have right to be medically examined (Sec 54,55A) the person who is
arrested should be given the right to have his body examined by the medical officer when
is produced before a magistrate or at any time under custody, with a view to enabling him
to establish that the offence with which he is charged was not committed by him or that
he was subjected to the physical torture. With the insertion of 55A, “it shall be duty of a
person having custody of an accused to take reasonable care of the health and safety of
the accused” and it attempt to take care of “custodial violence”( torture, rape, death in
police custody/lock-up) to some extent.
 Arrested person have right to remain silent under Sec. 20(3) of Indian constitution so that
police can’t extract self – incriminating statement from a person without will or without
his consent.
Special Protection to Females
 General rule is that Females are not be arrested without the presence of a lady constable
and further no female be arrested after sun-set but there are exception in some cases,
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where crime is very serious and arrest is important then arrest can be made with special
orders and it depends on facts and circumstances of each case. Separate lock ups to be
provided for them.
 The salutary principle that the medical examination of a female should be made by
female medical practitioner has been embodied in sec 53(2).
In case of State of Maharashtra Vs Christian Community Welfare Council of India [(2003) 8

SCC 546]
In this case, SC departing from long tradition of not arresting women at night and not arrest
women in the absence of a female constable, The Supreme Court held that “We do agree with the
object behind the direction issued by the High court, We think a strict compliance with said
direction, in given circumstances, would cause practical difficulties to investing agencies and
might even room for evading the process of law by unscrupulous accused. While it is important
to protect the female sought to be arrested by the police from police misdeeds but it may not
possible and practical to have the presence of lady constable. It is issued to the arresting
authority that while arresting a female person, all efforts should be made to keep a lady constable
present but in circumstances where that arresting officers are reasonably satisfied that such
presence of a lady constable is not available or possible and or the delay is arresting caused by
securing the presence of a lady constable would impede the course of investigation, such
arresting officer for reasons to be recorded either before the arrest or immediately after the arrest
be permitted to arrest a female person for lawful reasons at any time of the day or night
depending on the circumstances of the case even without the presence of a lady constable”.
 Identification of Person – With new section inserted by the 2005 amendment, sec.54-A it
says that where a person is arrested on a charge of committing of offence and his
identification by any other person or persons is considered necessary for the purpose of
investing of such offence, the court having the jurisdiction , may on the request of the
officer in charge of a police station , direct the person so arrested to subject himself to
identification by any person or persons in such manner as the court may deem fit”.
 Sec 54-A empowers the court to direct specifically the holding of the identification of the
arrested person at the request of the prosecution.
 Arrest to be made strictly according to the code (Sec 60A) – “No arrest shall be made
except in accordance with provision of this code or any other law for time being in force
providing the arrest”.
DK BASU VS STATE OF WEST BENGAL [AIR 1997 SC 610]
This case is of the landmark in which steps were taken to prevent “Custodial torture”. This
matter was brought before the court by Dr. D.K Basu, Executive Chairman of the Legal Aid
Services, a NGO of West Bengal through a PIL. He addressed a letter to the Chief justice
drawing his attention to certain news items published in the newspapers regarding deaths in the
police lock – ups and custody. This letter was treated as the writ petition by the Supreme Court.
In this case, the Supreme Court took a serious note of Custodial violence and death in police
lock-up. To check the abuse of police power, transparency of public action and accountability are
two possible safe guards.
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The apex court laid down guidelines (as preventive measure) to be followed in all cases of arrest
or detention till legislative measures are taken. Some are the recent amendment made to the code
codifies some of the Supreme Court guidelines regarding arrest of a person laid down in D. K
Basu case. i.e. like amendments to sec. 41 like 41 A(Notice for appearance), 41B( Procedure of
arrest and duties of officer making arrest), 41C(control room at district), 41D(Right to arrested
person to meet an advocate of his choice during interrogation) section 50A (obligation of person
making arrest to inform about the arrest, etc., to nominated person), Right to arrested person to
get medically examined, etc. Even Court directed that these directions should be widely
circulated as Court mentioned “Creating awareness about the rights of arrestee would be a step in
the right direction to combat the evil of custodial crime and bring in transparency and
accountability”.
Section 41. When police may arrest without warrant
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any
person-
(a) Who has been concerned in any cognizable offence, or against whom a reasonable complaint
has been made, or credible information has been received, or a reasonable suspicion exists, of his
having been so concerned; or
(b) Who has in his possession without lawful excuse, the burden of proving which excuse shall
lie on such person, any implement of house-breaking; or
(c) Who has been proclaimed as an offender either under this Code or by order of the State
Government; or
(d) In whose possession anything is found which may reasonably be suspected to be stolen
property and who may reasonably be suspected of having committed an offence with reference to
such thing; or
(e) Who obstructs a police officer while in the execution of his duty, or who has escaped, or
attempts to escape, from lawful custody; or
(f) Who is reasonable suspected of being a deserter from any of the Armed Forces of the Union;
or
(g) Who has been concerned in, or against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists, of his having been
concerned in, any act committed at any place out of India which, if committed in India, would
have been punishable as an offence, and for which he is, under any law relating to extradition, or
otherwise, liable to be apprehended or detained in custody in India; or
(h) Who, being a released convict, commits a breach of any rule made under sub-section (5) of
section 365; or
 for whose arrest any requisition, whether written or oral, has been received from another
police officer, provided that the requisition specifies the person to be arrested and the
offence or other cause for which the arrest is to be made and it appears there from that the
person might lawfully be arrested without a warrant by the officer who issued the
requisition
 Any officer in charge of a police station may, in like manner, arrest or cause to be
arrested any person, belonging to one or more of the categories of person specified in
section 109 or section 110.
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Section 42. Arrest on refusal to give name and residence
(1) When any person who, in the presence of a police officer, has committed or has been accused
of committing a non-cognizable offence refuses, on demand of such officer, to give his name and
residence or gives a name or residence which such officer has reason to believe to be false, he
may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released
on his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in India, the bond shall be secured by a surety or
sureties resident in India
(3) Should the true name and residence of such person not be ascertained within twenty-four
hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish
sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
Section 43. Arrest by private person and procedure on such arrest
(1) Any private person may arrest or cause to be arrested any person who in his presence
commits a non-bailable and cognizable offence, or any proclaimed offender, and, without
unnecessary delay, shall make over or cause to be made over any person so arrested to a police
officer, or, in the absence of a police officer, take such person or cause him to be taken in
custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a
police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence and he refuses on
the demand of a police officer to give his name and residence, or gives a name or residence
which such officer has reason to believe to be false, he shall be dealt with under the provisions of
section 42; but if there is no sufficient reason to believe that he has committed any offence, he
shall be at once released.
Section 44. (1) Every person aware of the commission of, or of the intention or any other person
to commit, an offence punishable under any of the following sections of the Penal Code (namely),
121, 121A, 122, 123, 124, 124 A, 125, 126, 130, 143, 144, 145, 147, 148, 302, 303, 304, 382,
392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460, shall, in
the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware,
forthwith give information to the nearest Magistrate or police-officer of such commission or
intention.
Section 44. Arrest by Magistrate
(1) When any offence is committed in the presence of a Magistrate, whether Executive or
Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the
offender, and may thereupon, subject to the provisions herein contained as to bail, commit the
offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in
his presence, within his local jurisdiction, of any person for whose arrest he is competent at the
time and in the circumstances to issue a warrant.
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Section 45. Protection of members of the Armed Forces from arrest
(1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the

Armed Forces of the Union shall be arrested for anything done or purported to be done by him in
the discharge of his official duties except after obtaining the consent of the Central Government
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall
apply to such class or category of the members of the Force charged with the maintenance of
public order as may be specified therein, wherever they may be serving, and thereupon the
provisions of that sub-section shall apply as if for the expression "Central Government"
occurring therein, the expression "State Government" were substituted.
Bail
Bail is a security given for the due appearance of a person arrested or imprisoned to obtain his or
her temporary release from legal custody or imprisonment. In common law, an accused person is
said to be admitted to bail, when he or she is released from the custody of the officers of court
and is entrusted to the custody of persons known as his or her sureties who are bound to produce
him or her at a specified time and place to answer the charge against him or her and who in
default of so doing are liable to forfeit such sum as is specified when the bail is granted.
Wharton’s Law Lexicon explains ‘bail’ as:
To set at liberty a person arrested or imprisoned on security being taken for his or her appearance
on a day and a place certain, which security is called bail, because the party arrested or
imprisonment is delivered into the hands of those who find themselves or become bail for his or
her due appearance when required in order that he or she may be safely protected from prison, to
which they have, if they fear his or her escape etc, the legal power to deliver him or her.
Hence, the tradition and logical conception of bail in forensic phraseology means release of a
person from custody or prison and deliver into the hands of sureties who undertake to produce
him or her in court upon an appointed day. In criminal law, ‘bail’ means to set free, liberate or
deliver the accused from arrest or out of custody, to the keeping of other persons, on their
undertaking to be responsible for his or her appearance at a certain day and place to answer to the
charge against him or her. These persons are called his or her sureties.
Definition of Bail
According to the Cambridge Advanced Dictionary (3rd ed.), a sum of money which a person who
has been accused of a crime, pays to a law court so that they can be released until their trial. The
payment is a way of making certain that the person will return to court for trial.
Bail is the money a defendant pays as a guarantee that he or she will show up in court at a later
date. For most serious crimes a judge or magistrate sets bail during an arraignment, or in federal
court at a detention hearing.
For minor crimes bail is usually set by a schedule which will show the amount to be paid before
any court appearance (arraignment). For more serious crimes, the amount of bail is set by the
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judge at the suspect’s first court appearance. The purpose of bail is to guarantee the scheduled
appearance of the defendant in court. While the Constitution guarantees the right to reasonable
bail, a court may deny bail in cases charging murder or treason, or when there is a danger that the
defendant will flee or commit mayhem. In some traffic matters the defendant may forfeit the bail
by non-appearance since the bail is equivalent to the fine.
Object and Purposes of Bail
The object of keeping an accused person in detention prior to, or during the trial is not
punishment but
(i) To prevent repetition of offence with which he is charged; and

(ii) To secure his attendance at the trial.
However, every criminal proceeding is based on a prima facie assumption of guilt and again
there is a presumption of innocence in favour of the accused of the accused. Bail serves the
purpose of presumption of innocence. And at the same time, the conditions of bail like
appearance in the court on fixed date and time serves the purpose of prima facieassumption of
guilt against the accused. There are varieties of purposes behind granting a bail. This may be, for
example, for appearance before a court, for presenting appeal; pending reference or revision; or
for the purpose of giving evidence etc.
Categories of Bail
In the CrPC the term ‘Bail’ has not been defined but has been used sometimes singly and more
often it has been used in juxtaposition with other terms which are as follows: ‘bail’, ‘security for
bail’, ‘bond with surety’ and so on. Chapter XXXIX of the Code of Criminal Procedure,
1898 (Act No. V) deals with several sections related to Bail in the following ways.
Provisions as regards bail can be broadly classed into two categories
(1) Bailable cases (Section 496), and

(2) Non- bailable cases (Section 497).
In the former class, the grant of bail is a matter of course. It may be given either by the police-
officer in charge of a police-station having the accused in his custody or by the Court. The
release may be ordered on the accused executing a bond and even without sureties. In non-
bailable case, the accused may be released on bail: but no bail can be granted where the accused
appears on reasonable grounds to be guilty of an offence punishable either with death or with
imprisonment for life. But the rule does not apply to
(i) a person under sixteen years of age,

(ii) a woman, or
(iii) a sick or infirm person. As soon as reasonable grounds for the guilt cease to appear, the
accused is entitled to be released on bail or on his own recognizance; he can be also released, for
similar reasons, between the close of the case and delivery of the judgment. When a person is
released on bail, the order with reasons therefore should be in writing.
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A person released on bail may be taken into custody by order if the Court. In the same way the
High Court or the Court of Session may admit a person to bail or reduce the amount of the bail.
As soon as the bail bond is executed, the accused is entitled to be released from custody. When
the amount of bail taken td found to be insufficient, the Court may demand additional bail. A
surety who is once accepted is at liberty to apply to the Court for his discharge; and the accused
is then called upon to find fresh sureties. In case of non-bail able offence bail may be given by
the following name and circumstances:
i. Anticipatory Bail (before arrest)

ii. Interim or Ad-interim Bail
iii. Bail after conviction
i. Anticipatory Bail (before arrest)
When a person is granted bail in apprehension of arrest, this is called anticipatory bail. This is an
extra-ordinary measure and an exception to the general rule of bail. When any person has reason
to believe that he may be arrested on an accusation of having committed a non-bail able offence,
he may apply to the High Court Division or the Court of Session for a direction and the court
may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. There is no
section or provision which specifically authorizes the court to grant an anticipatory bail.
However, application is made under sec. 498 of the CrPC for an anticipatory bail. This is
because of the wording in the section, “in any case”. Thus the power given in this section is very
wide and can be exercised by both the High Court Division and the Court of Session in any case
without any limitation.
ii. Interim or Ad-interim Bail
There is no express legal provision of ad-interim or interim bail. However, this kind of bail may
be granted at any stage of a case by way of court’s inherent power. If the case is pending in the
Magistrate Court, application for such a bail will have to be filed in the Sessions Court under
section 497 of CrPC and if the case is in the Sessions Court, application will go to the High
Court Division against the order of the Sessions Court.
iii. Bail after conviction
The Section 496 and 497 have no application where a person has been tried and convicted even
though the conviction is for bail able offence. Section 496 and 497 are in terms confined to
accused person and a person after conviction cases to be an accused. Sections 426 and 435 of
CrPC would be relevant for bail after conviction. Bail after conviction may be of two types:
a. Bail pending appeal under section 426 and 498 ; and

b. Bail pending revision under section 435.
c. The discretionary power of the Court to admit to bail is not arbitrary, but is judicial,
and is governed by established principles. The High Court of Bangladesh directed that
when a particular person surrenders and makes an application for bail, it should be
considered the same day. However, if it has to be adjourned, the applicant should be
directed to appear on the date fixed with a further direction to the police not to arrest him
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till disposal of his bail application. But it does not mean that the bail application should
be allowed invariably. It may also be dismissed. Short term release or keeping good
conduct during that period shall not be the sole ground for enlarging a person on bail
finally.
It should be decided on merits alone. The object of the detention of the accused being to secure
his appearance to abide the sentence of law, the principal inquiry, Courts have considered the
seriousness of the charge, the nature of the evidence, the severity of the punishment prescribed
for the offence and, in some instances, the character, means and standing of the accused.
Search and Seizure
Section 47. Search of place entered by person sought to be arrested
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest,
has reason to believe that the person to be arrested has entered into, or is within, any place, any
person residing in, or being in charge of, such place shall, on demand of such person acting as
aforesaid or such police officer, allow him such free ingress thereto, and afford all reasonable
facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any
case for a person acting under a warrant and in any case in which a warrant may issue, but cannot
be obtained without affording the person to be arrested an opportunity of escape, for a police
officer to enter such place and search therein, and in order to effect an entrance into such place,
to break open any outer or inner door or window of any house or place, whether that of the
person to be arrested or of any other person, if after notification of his authority and purposes,
and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that, if any such place is an apartment in the actual occupancy of a female (not being
the person to be arrested) who, according to custom, does not appear in public, such person or
police officer shall, before entering such apartment, give notice to such female that she is at
liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then
break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or
inner door or window of any house or place in order to liberate himself or any other person who,
having lawfully entered for the purpose of making an arrest, is detained therein.
Section 48. Pursuit of offenders into other jurisdictions

A police officer may, for the purpose of arresting without warrant any person whom he is
authorised to arrest, pursue such person into any place in India.
Section 49. No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his
escape.
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Section 50. Person arrested to be informed of grounds of arrest and of right to bail
(1) Every police officer or other person arresting any person without warrant shall forthwith
communicate to him full particulars of the offence for which he is arrested or other grounds for
such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a
non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail
and that he may arrange for sureties on his behalf.
Section 51. Search of arrested persons
(1) Whenever a person is arrested by a police officer under a warrant which does not provide for
the taking of bail, or under a warrant which provides for the taking of bail but the person arrested
cannot furnish bail, and whenever a person is arrested without warrant, or by a private person
under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail. The officer
making the arrests or, when the arrest is made by a private person, the police officer to whom he
makes over the person arrested, may search such person, and place in safe custody all articles,
other than necessary wearing-apparel, found upon him and where any article is seized from the
arrested person, a receipt showing the articles taken in possession by the police officer shall be
given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by
another female with strict regard to decency.
Section 165. Search by Police Officer
Legal provisions regarding police search during investigation under section 165 of the Code of
Criminal Procedure, 1973.
(1) Whenever an officer-in-charge of a police station or a police officer making an investigation

has reasonable grounds for believing that anything necessary for the purposes of an into any
offence which he is authorized to investigate may be found in any place within the limits of the
police station of which he is in charge, or to which he is attached, and that such thing cannot, in
his opinion, be otherwise obtained without undue delay, such officer may, after recording in
writing the grounds of his belief and specifying in such writing, so far as possible, the thing for
which search is to be made, search, or cause search to be made, for such thing in any place
within the limits of such station.
(2) A police officer proceeding under sub-section (1) shall, if practicable, conduct the search in
person.
(3) If he is unable to conduct the search in person, and there is no other person competent to
make the search present at the time, he may, after recording in writing his reasons for so doing,
require any officer subordinate to him to make the search, and he shall deliver to such
subordinate officer an order in writing, specifying the place to be searched, and so far as possible,
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the thing for which search is to be made, and such subordinate officer may thereupon search for
such thing in such place.
(4) The provisions of this Code as to search warrants and the general provisions as to searches
contained in section 100 shall, so far as may be, apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to
the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier
of the place searched shall, on application, be furnished, free of cost, with a copy of the same by
the Magistrate.
To prevent the abuse of police and to restraint the police power, the following provisions
have been made:
(i) The power to search without a warrant can be exercised only by a police officer in charge of a
police station or any officer authorized is: investigate into that offence. Such a police officer may
require a subordinate officer to conduct the search under certain circumstances.
(ii) The search is not to be a general search but must be one for particular thing.
(iii) The place of search must be within the limits of the police station of which the officer is in
charge.
(iv) The police officer making the search must have reasonable grounds for believing the
necessity of immediate search of the place.
(v) A police officer before proceeding to search a place must record the ground of his belief as to
the necessity of such a search and must also specify in such a record the things for which the
search is to be conducted.
(vi) The copies of record made prior to the search are required to be sent forthwith to the nearest
magistrate.
(vii) The police officer, as far as possible, has to conduct the search in person.
(viii) The provisions relating to search-warrant and the general provisions as to search shall be
applied in the search made by a police officer without warrant.
Whenever an officer in charge of a police station or a police officer making an investigation has
reasonable grounds for believing that anything necessary for the purposes of an investigation into
any offence which he is authorised to investigate may be found in any place within the limits of
the police station of which he is in charge, or to which he is attached, and that such thing cannot
in his opinion be otherwise obtained without undue delay, such officer may, after recording in
writing the grounds of his belief and specifying in such writing, so far as possible, the thing for
which search is to be made, search, or cause search to be made, for such thing in any place
within the limits of such station. (2) A police officer proceeding under sub-section (1), shall, if
practicable, conduct the search in person. (3) If he is unable to conduct the search in person, and
there is no other person competent to make the search present at the time, he may, after recording
in writing his reasons for so doing, require any officer subordinate to him to make the search,
and he shall deliver to such subordinate officer an order in writing, specifying the place to be
searched, and so far as possible, the thing for which search is to be made; and such subordinate
officer may thereupon search for such thing in such place. (5) Copies of any record made under
sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to
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take cognizance of the offence, and the owner or occupier of the place searched shall, on
application, be furnished, free of cost, with a copy of the same by the Magistrate.
General Provision regarding search and seizure
Section 91 with the head note Process to Compel Production of Things of the Code of Criminal
Procedure, 1973 states that:
(1) Whenever any Court or any officer in charge of a police station consider that the production
of any document or other thing is necessary or desirable for the purpose of any investigation,
inquiry, trial or other proceeding under this code by or before such court or officer, such court
may issue a summons, or such officer a written order, to the person in whose possession or
power such document or thing is believed to be, requiring him to attend and produce it, or to
produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be
deemed to have complied with the requisition if he causes such document or thing to be
produced instead of attending personally to produce the same.
Whereas section 93 When search warrant may be issued; in sub section (1) provides that:
(1)(a) Where any court has reason to believe that a person to whom a summons or order under
section 91 or a requisition under sub section (1) of section 92 has been, or might be, addressed,
will not or would not produce the document or thing as required by such summons or requisition,
or (b) where such thing or document is not known to the court to be in the possession of any
person, or (c) where the Court consider that the purpose of any inquiry, trial or other proceeding
under this code will be served by a general search or inspection, it may issue a search- warrant;
and the person to whom such warrant is directed, may search or inspect in accordance therewith
and provisions hereinafter contained.
This means that an officer in charge of a police station can send a notice or a court can issue a
summon under section 91(1) to any person within whose possession the officer or court thinks is
the document or a thing necessary for the purpose of investigation. But if the court or officer
feels that the person to whom the summons or notice is issued, will not produce the document or
thing, the court can issue a warrant of search to the officer, under section 93(1) (a).
From time to time the constitutional validity of the warrant issued under Section 93(1) (a), in
context of Article 20(3) has been raised. The contentions were raised that the term “any person”
in section 91(1) not only includes witnesses and other persons, but also includes the accused.
Therefore if the accused person do not obeys the summons, he will have to face a compelled
search in his house, and this itself shows the compulsion put on the accused. Further, the
compelled search made will be an intrusion into the privacy. Also there will be a prosecution for
the offence committed under section 174 of the Indian Penal Code, 1860. Therefore in light of all
this the summons issued is a compulsion on the accused person to produce self incriminating
evidences, thereby completely violating his fundamental right guaranteed under Article 20(3).
However with regard to intrusion into the privacy, it has been settled that the right to privacy is
not an absolute right and is subject to reasonable restriction whenever there are contravelling
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interest, which requires much weight age than the right to privacy of the person, for the sake of
justice.
Now the only question which is left, is: whether the accused will be penalized under section 174
of the IPC, 1860 if he does not comply with the notice or summons is issued to him? Section 174
with head note Non- attendance in obedience to an order from public servant, states that:
 Whoever, being legally bound to attend in person or by agent at a certain place and time
in obedience to a summon, notice, order or proclamation proceeding from any public
servant legally competent, as such public servant, to issue the same,
 Intentionally omits to attend at that place or time, or departs from the place where he is
bound to attend before the time at which it is lawful for him to depart,
 Shall be punished with simple imprisonment for a term which may extend to one month,
or with fine which may extend to five hundred rupees, or with both,
 Or, if the summons, notice, order or proclamation is to attend in person or by agent in a

Court of Justice, with a simple imprisonment for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
“To be a witness” real meaning
The protection against self incrimination as has been provided in Article 20(3) is based on the
following principle: “nemo tenetur prodere or nemo tenetur scripsum accusare” which means
that an accused should not be compelled to furnish any evidence against him. It is the duty of the
State/ prosecution to prove him guilty, beyond reasonable doubt. This is just to give proper equal
opportunity to accused to know what charges has been leveled against him, what case the
prosecution has prepared and then on the basis of which he will prepare a proper defence for
himself.
Since time it has been stated that the right against self incrimination is actually a privilege
provided to an accused and is the major factor in defeating the justice. This is not the first time
when such an attempt has been made to change the nature of what has actually been stated in
Article 20(3). Malimath Committee Report titled “Reforms in Criminal Justice system” has even
held that though the accused has right to remain silent an inference could be well drawn from the
silence of the accused, which is also contrary to the principle of the right to remain silent of the
accused. After the enactment of the constitution of India in 1950 the India became a sovereign
socialist secular democratic republic. It is now well competent to decide its political and
economic future. At the time of the enactment of the Constitution this humane right of the
accused that is right against self incrimination was included in article 20 of the Constitution of
India, not to insult the right of the accused in this very manner as has been made by narrowly
interpreting it. Therefore it is urged to the lawmakers of the country that there should be equal
respect of this very right in the manner as the other fundamental rights are respected.
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UNIT IV: COURT PROCEDURES
Summons
A court order issued to a person (accused, victim, witness, police- IO, expert- forensic scientist
or police) in order to make available their presence in the court on particular date and time.
Section 113 – Summons or warrant in case of person not so present
If such person is not present in court, the Magistrate shall issue a summons requiring him to
appear, or, when such person is in custody, a warrant directing the officer in whose custody he is
to bring him before the court;
Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon
other information (the substance of which report or information shall be recorded by the
Magistrate), that there is reason to far the Commission of a breach of the peace, and that such
breach of the peace cannot be prevented otherwise than by the immediate arrest of such person,
the Magistrate may at any time issue a warrant for his arrest.
114. Copy of order to accompany summons or warrant
Every summons or warrant issued under section 113 shall be accompanied by a copy of the order
made under section 111, and such copy shall be delivered by the officer serving or executing
such summons or warrant to the person served with, or arrested under, the same.
115. Power to dispense with personal attendance
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any
person called upon to show cause why he should not be ordered to execute a bond for keeping
the peace or for good behaviour and may permit him to appear by a pleader.
204. Issue of process
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for
proceeding, and the case appears to be—
(a) a summons-case, he shall issue his summons for the attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the
accused to be brought or to appear at a certain time before such Magistrate or (if he has
no jurisdiction himself) some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list
of the prosecution witnesses has been filed.
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(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant
issued under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are payable, no
process shall be issued until the fees are paid and, if such fees are not paid within a reasonable
time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.
Comments
(i) A summoning order passed by Magistrate under section 204 of the Code cannot necessarily
be treated to be an interlocutory order thereby completely barring a revision against the same in
view of the bar under section 397 (2) of the Code The test to examine whether such an order is
an interlocutory order or not is that if the decision against such an order finally terminates the
criminal proceedings, it would not be treated as an interlocutory order On the other hand if
decision given either way would still allow the proceedings to go on then the order would not be
a final order but an interlocutory order and then a revision against such an order would be barred
under section 397(2) of the Code; Umakant Panday v A JM, (1997) 2 Crimes 27 (All)
(ii) Even after issue of process in summons case the accused can plead of absence of any triable
case against him and the Magistrate, on being satisfied on reconsideration of the complaint, has
discretionary power to order, dropping of the proceedings against the accused; Awadhesh Prasad
Singh alias Awadhesh Prasad Sharma v State of Bihar, (1997) 3 Crimes 70 (Pat)
(iii) Accused are responsible for the conduct of business the necessary requirement issue process
against the company is fulfilled Rejection of recalling of process issued against petitioner is
proper; Orient Syntex Ltd v Besant Capital Tech Ltd, 2000 Cr LJ 210 (Bom)
When an order under section 111 has been read or explained under section 112 to a person in
Court, or when any person appears or is brought before a Magistrate in compliance with, or in
execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to
inquire into the truth of the information upon which action has been taken, and to take such
further evidence as may appear necessary.
Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed
for conducting trial and recording evidence in summons-cases.
After the commencement, and before the completion, of the inquiry under Sub-Section (1), the
Magistrate, if he considers that immediate measures are necessary for the prevention of a breach
of the peace or disturbance of the public tranquility or the Commission of any offence or for the
public safety, may, for reason to be recorded in writing, direct the person in respect of whom the
order under section 111 has been made to execute a bond, with or without sureties, for keeping
the peace or maintaining good behaviour until the conclusion of the inquiry and may detain him
in custody until such bond is executed or, in default of execution, until the inquiry is concluded:
Provided that-
 no person against whom proceedings are not being taken over under section 108, section
109, or section 110 shall be directed to execute a bond for maintaining good behaviour;
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 the conditions of such bond, whether as to the amount thereof or as to the provision of
sureties or the number thereof or the pecuniary extent of their liability, shall not be more
onerous than those specified in the order under section 111.
 For the purposes of this section the fact that a person is an habitual offender or is so
desperate and dangerous as to render his being at large without security hazardous to the
community may be proved by evidence of general repute or otherwise.
 Where two or more persons have been associated together in the matter under inquiry,
they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
 The inquiry under this section shall be completed within a period of six months from the
date of its commencement, and if such inquiry is not so completed, the proceedings under
this Chapter shall, on the expiry of the said period, stand terminated unless, for special
reasons to be recorded in writing, the Magistrate otherwise directs:
 Provided that- where any person has been kept in detention pending such inquiry, the
proceeding against that person, unless terminated earlier, shall stand terminated on the
expiry of a period of six months of such detention.
Where any direction is made under Sub-Section (6) permitting the continuance of proceedings,
the Sessions Judge may, on an application made to him by the aggrieved party, vacate such
direction if he is satisfied that it was not based on any special reason or was perverse.
205. Magistrate may dispense with personal attendance of accused
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with
the personal attendance of the accused and permit him to appear by his pleader
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the
proceedings, direct the personal attendance of the accused, and, if necessary, enforce such
attendance in the manner hereinbefore provided
206. Special summons in cases of petty offence
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be
summarily disposed of under section 260, the Magistrate shall, except where he is, for reasons to
be recorded in writing of a contrary opinion, issue summons to the accused requiring him either
to appear in person or by pleader before the Magistrate on a specified date, or if he desires to
plead guilty to the charge without appearing before the Magistrate, to transmit before the
specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount
of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the
charge through such pleader, to authorize, in writing, the pleader to plead guilty to the charge on
his behalf and to pay the fine through such pleader: Provided that the amount of the fine
specified in such summons shall not exceed one hundred rupees.
(2) For the purposes of this section, "petty offence" means any offence punishable only with fine
not exceeding one thousand rupees, but does not include any offence so punishable under the
Motor Vehicles Act, 19391, or under any other law which provides for convicting the accused
person in his absence on a plea of guilty.
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(3) The State Government may, by notification, specially empower any Magistrate to exercise
the powers conferred by sub-section (1) in relation to any offence which is compoundable under
section 320 or any offence punishable with imprisonment for a term not exceeding three months,
or with fine or with both where the Magistrate is of opinion that, having regard to the facts and
circumstances of the case, the imposition of fine only would meet the ends of justice
Warrant
Section 2(x). Warrant Case
“warrant-case” means a case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years;
Section 2 (y) words and expressions used herein and not defined but defined in the Indian penal
code (45 of 1860) have the meanings respectively assigned to them in that code.
COMMENTS
(i) There is no particular format for a complaint. Nomenclature is also inconsequential. A
petition addressed to the Magistrate containing an allegation that an offence has been committed,
and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Yousuf v.
Afaq Jahan ; (2006) 1 SCC 627.
(ii) The expression “Judicial proceeding” defined in clause (i) of section 2 includes any
proceeding in the course of which evidence is or may be legally taken on oath. The law does not
prescribe any particular method of presentation of challan, namely, that it should be presented by
any police official. When the challan was presented before the Court, who was acting as a
Judicial Magistrate at that time, the first step in the judicial proceeding was sitting in judicial
proceeding; Shrichand v. State of Madhya Pradesh , (1993) Cr LJ 495.
Cognizable and non-cognizable offence
Section 2(c)- 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;
Section 2 (l) "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;
Under the Criminal Procedure Code, offences can be classified on the basis of the following
three criterions;
 Cognizable and Non cognizable offences
 Bailable and Non bailable offences
 Offences which will invoke a summons case and Offences which will invoke a warrants
case.
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Cognizable and Non-Cognizable offences
Cognizable offences have been defined in Criminal Procedure Code as follows; " `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".
A non-cognizable offence has been defined in Criminal Procedure Code as follows, "`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".
Table 4.1 Cognizable offence and Non-cognizable offence
Cognizable offence Non Cognizable offence
Defined in Section 2(c) - "cognizable offence" Defined in Section 2(l) - "non-cognizable

means an offence for which, and "cognizable offence" means an offence for which, and
case" means a case in which, a police officer "non-cognizable case" means a case in which,
may, in accordance with the First Schedule or a police officer has no authority to arrest
under any other law for the time being in force, without warrant.
arrest without warrant. Example - keeping a lottery office,voluntarily
Examples - Murder, Dowry death, grievous causing hurt, dishonest misappropriation of
hurt, theft. property.
Police has to record information about a As per Section 155, Police has to enter
cognizable offence in writing as per Section information in register prescribed for it and
154. refer the informant to a magistrate.
Police can start investigation without the order Police officer cannot investigate the case
of a magistrate. without the order of a magistrate.
In general, cognizable offences are of serious
nature which involves imprisonment of more
than three years. However, there is no such
precise rule. To be cognizable, an offence must
be declared so by the law defining that offence.
Several offences which carry less prison term
such as rioting (2 yrs) have been declared
cognizable, while several with bigger prison
term such as False Evidence (7 yrs) or Rape by
a man with his own wife of not less than 12 yrs
have been declared non-cognizable.
Now which offence falls under the category of cognizable offences and which falls under the
category of non-cognizable offences can be determined as per the classification given in
the First Schedule of the Criminal Procedure Code. The First Schedule has classified all acts
punishable under the Indian Penal Code, 1860 into Cognizable and non-cognizable offences.
Although the Code in itself does not give any reasoning as to this classification, certain patterns
can be traced if the First schedule is studied carefully. All offences which have a punishment of
more than 3 years under the Indian Penal Code are considered to be cognizable offences and all
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offences which have a punishment of less than 3 years are non-cognizable offences.
Subsequently, it can be deduced that non-cognizable offences are relatively less serious in nature
than cognizable offences.
Consequently, in case of cognizable offences, the police officers can arrest the accused
person without any warrant or authority issued by a magistrate. They can initiate investigation
on their own accord and they needn't wait for the prior permission of a magistrate. In fact, they
have a legal duty to initiate investigations. "No proceeding of a police officer in any such case
shall at any stage be called in question on the ground that the case was one which such officer
was not empowered under this section to investigate."
On the other hand, police officers necessarily need prior permission of a magistrate to initiate
investigations in cases of non-cognizable offences. Non cognizable offences are considered more
in the nature of private wrongs and therefore the collection of evidence and the prosecutions of
offender are left to the initiative and efforts of private citizens.
Trials: Summary, Summon, and warrant trials

Summary Trial
1. A kind of fast track proceeding where a case is resolved in one sitting.

2. Meant for petty offenses, to reduce the burden of court.
Section 260 - When a case involving the following offenses comes to CJM, MM, and JMFC for
hearing, they have the discretionary power to decide whether they want to try the case summarily
or not. There are 9 such offences - any offence that does not have death, life imprisonment or
imprisonment of more than 2 yrs as punishment, theft, lurking house trespass, receiving stolen
property, assisting in concealment of stolen property, abetment of the offences covered
under this section, attempt of these offences. If at any point in while trying the matter in this
manner, if the court thinks that it is undesirable to try the case summarily, it shall recall any
witnesses who may have been examined and proceed to re-hear the case in the manner provided
in this code (i.e. as a summons trial or warrant trial).
Section 261 - High Court may give power to Judicial Magistrate Second class to try offences
involving imprisonment of less than 6 months summarily.
Section 262 - Sentence of imprisonment of more than 3 months cannot be passed in a summary
trial and the procedure adopted in a summary trial will be same as the procedure adopted in a
Summons case except the following changes –
Section 263 - The judge must record the following particulars in the prescribed format - serial
number of the case, date of offence, date of complaint, name of complainant, name, age, address,
parentage of accused, offence complained and offence proved, plea of the accused and his
examination, findings, sentence, and date of termination of the proceeding.
Section 264 - If the accused does not plead guilty, the judge must record the substance of the
evidence and give reasons for the judgment.
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Section 265 - Every such record and judgment shall be in the language of the court.
In Ram Lochan vs State, 1978, it was held that although trying a govt. servant summarily is
legal, it should not be done so because upon conviction, govt. servant may lose his job, which is
a serious loss.
Summons Case and Warrant Case
As per Section 2(w), "summons-case" means a case relating to an offence, and not being a
warrant-case and as per Section 2 (x), "warrant-case" means a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Cr
P C classifies an offence as either cognizable or non-cognizable, and a trial procedure as
summons case or warrant case. Thus, the terms summons case and warrant cases are in reference
to the procedure adopted for the trial of the case. Thus, the difference between the two can be
seen from the point of view of their trial procedures as highlighted below –
Table 4.2 Summon Case VS Warrant Case
Summons Case Warrant case
Cr PC prescribes two procedures for the trial of a

Cr P C prescribes only one procedure for all
warrant case my magistrate - one for case
summons cases, whether instituted upon a
instituted upon a police report and one for case
police report or otherwise.
instituted otherwise than on a police report.
No charge needs to be framed only the
particulars of the offence need to be A charge needs to be framed against the accused.
conveyed to the accused.
As per S. 252, if the accused pleads guilty,
As per S. 241, After the charge is framed, the
the magistrate must record the plea of the
accused may plead guilty and the magistrate may
accused and may, in his discretion, convict
convict him on his discretion.
him on such plea.
Accused my plead guilty by post without
Accused must appear personally.
appearing before the magistrate.
Magistrate can discharge the accused if
The accused may be acquitted, if the
complainant is absent, or no charge is framed, or
complainant is absent or if the complainant
if the offence is compoundable and non
dies.
cognizable.
The complainant may, with the permission of the
The complainant may, with the permission
court, withdraw the remaining charges against an
of the court, withdraw the complaint against
accused, if he is charged with several offences
the accused.
and convicted on one or more of them.
When a warrant case is tried as a summons
When a summons case is tried as a warrant case
case and if the accused is acquitted under S.
and if the accused is discharged under S 245, the
255, the acquittal will only amount to
discharge will amount to acquittal.
discharge.
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Trial of a warrant case as a summons case it Trial of a summons case as a warrant case is an
is a serious irregularity and the trial is irregularity which is curable under Section 465.
vitiated if the accused has been prejudiced.
A summons case cannot have charges that A warrant case may contain charges that reflect a
require a warrant case. summons case.
Accused may get more than one opportunity to
Accused gets only one opportunity.
cross-examine the prosecution witness.
A charge under a warrant case cannot be split up
into its constituents for trial under summons case.
After convicting the accused, the magistrate may
No such power to the magistrate in
take evidence regarding previous conviction not
summons case.
admitted by the accused.
All cases which are not punishable by death, All cases which are punishable by death,
imprisonment for life, or for more than two imprisonment for life, or for more than two years
years are summons cases. are warrant cases.
Conversion
As per Section 259, a summons case can be
converted into a warrant case if the case
A warrant case cannot be converted into a
relates to an offence that entails more than 6
summons case.
months of imprisonment as punishment and
the judge feels that in the interest of justice
it the case should be tried as a warrant case.
It is important to note that the question whether a summons or a warrant should be issued in the
case is not related to whether the case is a summons case or a warrant case.
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UNIT V: INDIAN EVIDENCE ACT
Indian Evidence Act
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act,
1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time,
India was a part of the British Empire. Over a period of more than 125 years since its enactment,
the Indian Evidence Act has basically retained its original form except certain amendments from
time to time. The law is mainly based upon the firm work by Sir James Fitzjames Stephen,
who could be called the founding father of this comprehensive piece of legislation.
Importance
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure
introduced in India, which changed the entire system of concepts pertaining to admissibility of
evidences in the Indian courts of law. Until then, the rules of evidences were based on the
traditional legal systems of different social groups and communities of India and were different
for different persons depending on caste, religious faith and social position. The Indian Evidence
Act and introduced a standard set of law applicable to all Indians.
Applicability
When India gained independence on 15 August 1947, the Act continued to be in force
throughout the Republic of India and Pakistan, except the state of Jammu and Kashmir. Then, the
Act continues in force in India, but it was repealed in Pakistan in 1984 by the Evidence Order
1984 (also known as the "Qanun-e-Shahadat"). It also applies to all judicial proceedings in the
court, including the court martial. However, it does not apply on affidavits and arbitration.
Contents of Indian Evidence Act

This Act is divided in to three parts and there are 11 chapters in total under this Act.
Part-1
Part 1 deals with relevancy of the facts. There are two chapters under this part. First chapter is
preliminary chapter which introduces to the evidence Act. Second chapter specifically deals with
the relevancy of the facts.
Part-2
Part 2 consists of chapters from 3 to 6. under which chapter 3 deals with facts which need not be
proved , chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and
chapter 6 deals with circumstances when documentary evidence has been given preference over
the oral evidence.
Part-3
Last part that is part 3 consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of
proof. Chapter 8 talks about estoppels, chapter 9 talks about witnesses, chapter 10 talks about
examination of witnesses, and last chapter which is chapter 11 talks about improper admission
and rejection of evidence.
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This Act may be called the Indian Evidence Act, 1872.
It extends to the whole of India 1[except the State of Jammu and Kashmir] and applies to all
judicial proceedings in or before any Court, including Courts-martial, 2[other than Courts-martial
convened under the Army Act] (44 & 45 Vict., c. 58) 3[the Naval Discipline Act (29 & 30 Vict.,
c. 109) or 4[***] the Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force Act] (7
Geo. 5, c. 51) but not to affidavits 7presented to any Court or Officer, nor to proceedings before
an arbitrator; and it shall come into force on the first day of September, 1872.
Evidence Principles (important terms)
In this Act the following words and expressions are used in the following senses, unless a
contrary intention appears from the context:-
“Court”. -“Court” includes all Judges1 and Magistrates, 2and all persons, except arbitrators,
legally authorized to take evidence.
“Fact”.-“Fact” means and includes-
(1) any thing, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious.
(a) That there are certain objects arranged in a certain order in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently,
or uses a particular word in a particular sense, or is or was at a specified time conscious of a
particular sensation, is a fact.
(e) That a man has a certain reputation is a fact.
“Relevant”.-One fact is said to be relevant to another when the one is connected with the other
in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
“Facts in issue”.-The expression “facts in issue” means and includes- any fact from which,
either by itself or in connection with other facts, the existence, non-existence, nature, or extent of
any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
Explanation.-Whenever, under the provisions of the law for the time being in force relating to
Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer
to such issue, is a fact in issue.
Illustrations
A is accused of the murder of B.
At his trial the following facts may be in issue:-
That A caused B’s death;
That A intended to cause B’s death;
That A had received grave and sudden provocation from B;
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That A at the time of doing the act which caused B’s death, was, by reason of unsoundness of
mind, incapable of knowing its nature.
“Document”.-“Document”4 means any matter expressed or described upon any substance by

means of letters, figures or marks, or by more than one of those means, intended to be used, or
which may be used, for the purpose of recording that matter.
Illustrations
A writing5 is a document;
Words printed, lithographed or photographed are documents;
A map or plan is a document;
An inscription on a metal plate or stone is a document;
A caricature is a document.
“Evidence”.-“Evidence” means and includes-

(1) All statements which the Court permits or requires to be made before it by witnesses, in
relation to matters of fact under inquiry, such statements are called oral evidence;
(2) All documents including electronic records produced for the inspection of the Court, such
documents are called documentary evidence.
“Proved”.-A fact is said to be proved when, after considering the matters before it, the Court
either believes it to exist, or considers its existence so probable that a prudent man ought, under
the circumstances of the particular case, to act upon the supposition that it exists.
“Disproved”.-A fact is said to be proved when, after considering the matters before it, the Court
either believes it to exist, or considers its existence so probable that a prudent man ought, under
the circumstances of the particular case, to act upon the supposition that it exists.
“Not proved”.-A fact is said not to be proved when it is neither proved nor disproved.
“India”.-“India” means the territory of India excluding the State of Jammu and Kashmir.
[the expressions “Certifying Authority”, “digital signature”, “Digital Signature Certificate”,
“electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital
signature” and “subscriber” shall have the meanings respectively assigned to them in the
Information Technology Act, 2000.]
Admissibility of contemporaneous tape-record

A contemporaneous tape-record is admissible under section 8 if (i) the conversation is relevant to
the matters in issue; (ii) there is identification of the voice; (iii) the accuracy of the tape recorded
conversation is proved by eliminating the possibility of erasing the tape record; R.M. Malkani v.
State of Maharashtra, AIR 1973 SC 157.
Evidence – Meaning, principles
“Evidence”.-“Evidence” means and includes-

(1) All statements which the Court permits or requires to be made before it by witnesses, in
relation to matters of fact under inquiry, such statements are called oral evidence;
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(2) All documents including electronic records produced for the inspection of the Court, such
documents are called documentary evidence.
Evidence of eye witness
(i) Having examined all the eyewitnesses even if other persons present nearby, not examined, the
evidence of eyewitness cannot be discarded , courts are concerned with quality of evidence in a
criminal trial. Conviction can be based on sole evidence if it inspires confidence; Sheelam
Ramesh v. State of Andhra Pradesh, AIR 2000 SC 718: 2000 Cr LJ 51 (SC).
(ii) Where there are material contradictions creating reasonable doubt in a reasonable mind, such
eye witnesses cannot be relied upon to base their evidence in the conviction of accused; Nathia v.
State of Rajasthan, 1999 Cri LJ 1371 (Raj).
(iii) Evidence of an eye witness cannot be disbelieved on ground that his statement was not
recorded earlier before he was examined in motor accident claim case by police; Fizabai v.
Namichand, AIR 1993 MP 79.
(iv) Where court acquitted accused by giving benefit of doubt, it will not affect evidence of eye
witnesses being natural witnesses; Krishna Ram v. State of Rajasthan, AIR 1993 SC 1386.
Identification by photo admissible
There is no legal provision that identification by photo is not admissible in evidence; Umar
Abdul Sakoor Sorathia v. Intelligence Officer M.C. Bureau, 1999 Cr LJ 3972 (SC).
Interested witness
(i) It has been held regarding “interested witness” that the relationship is not a factor to affect
credibility of witness; Rizan v. State of Chhattisgarh, AIR 2003 SC 976.
(ii) Testimony of injured eye witnesses cannot be rejected on ground that they were interested
witnesses; Nallamsetty Yanasaiah v. State of Andhra Pradesh, AIR 1993 SC 1175.
(iii) The mechanical rejection of evidence on sole ground that it is from interested witness would
invariably lead to failure or justice; Brathi alias Sukhdev Singh v. State of Punjab, 1991 Cr LJ
402 (SC).
Maxim “Falsus in uno falsus in omnibus”
(i) “Falsus in uno, Falsus in Omnibus” is not a rule of evidence in criminal trail and it is duty of
the Court to engage the truth from falsehood, to shift grain from the chaff; Triloki Nath v. State
of U.P., AIR 2006 SC 321.
(ii) The maxim “falsus in uno falsus in omnibus” has not received general acceptance nor has
this maxim come to occupy the status of rule of law. The maxim merely involves the question of
weight of evidence which a court may apply in a given set of circumstances, but it is not what
may be called “a mandatory rule of evidence“; Israr v. State of Uttar Pradesh, AIR 2005 SC 249.
Natural witness
Witnesses being close relations of deceased living opposite to house of deceased, are natural
witnesses to be believed; Om Parkash v. State of Punjab, AIR 1993 SC 138.
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Testimony: when to be relied
(i) The testimony of police personnel should be treated in the same manner as testimony of any
other witness and there is no principle of law that without corroboration by independent
witnesses their testimony cannot be relied upon. The presumption that a person acts honestly
applies as much in favour of police personnel as of other persons and it is not a proper judicial
approach to distrust and suspect them without good grounds; Karamjit Singh v. State (Delhi
Administration), AIR 2003 SC 1311.
(ii) Rejection of whole testimony of hostile witness is not proper; Ashok Kumar v. P.M.A.
Chanchal, AIR 1999 Guj 108.
(iii) Where evidence of some witnesses was found not safe for conviction, whole of their
testimony should not be rejected; Nadodi Jayaraman v. State of Tamil Nadu, AIR 1993 SC 777.
(iv) The testimony of a single witness if it is straightforward, cogent and if believed is sufficient
to prove the prosecution case; Vahula Bhushan alias Vehuna Krishna v. State of Tamil Nadu,
1989 Cr LJ 799: AIR 1989 SC 236.
Concept of relevancy and admissibility
Concept of Relevancy
“Relevant”.-One fact is said to be relevant to another when the one is connected with the other
in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
Illustrations
Admissibility
46. Facts bearing upon opinions of experts –
The science of identification of footprints is not a fully developed science and therefore if in a
given case, evidence relating to the same is found satisfactory it may be used only to reinforce
the conclusions as to the identity of a culprit already arrived at on the basis of other evidence;
Mohd. Aman v. State of Rajasthan, (1997) 4 Supreme 635.
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Admissibility of Secondary Evidence
Application moved for permission to lead secondary evidence based on ground of loss of
document. Presence of document proved from the facts pleaded – Allowing secondary evidence
not illegal; Sobha Rani v. Ravikumar, AIR 1999 P&H 21.
Tape-recorded statements are admissible in evidence; K.S. Mohan v. Sandhya Mohan, AIR 1993
Mad 59.
Certified copies of money lender’s licences are admissible in evidence;
K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993 Kant 29.
65B. Admissibility of electronic records –
(1) Notwithstanding anything contained in this Act, any information contained in an electronic
record which is printed on a paper, stored, recorded or copied in optical or magnetic media
produced by a computer (hereinafter referred to as the computer output) shall be deemed to be
also a document, if the conditions mentioned in this section are satisfied in relation to the
information and computer in question and shall be admissible in any proceedings, without further
proof or production of the original, as evidence of any contents of the original or of any fact
stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the
following, namely:-
(a) the computer output containing the information was produced by the computer during the
period over which the computer was used regularly to store or process information for the
purposes of any activities regularly carried on over that period by the person having lawful
control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record or of the
kind from which the information so contained is derived was regularly fed into the computer
in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if
not, then in respect of any period in which it was not operating properly or was out of
operation during that part of the period, was not such as to affect the electronic record or the
accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such
information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of
any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2)
was regularly performed by computers, whether-
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever
order, of one or more computers and one or more combinations of computers, all the
computers used for that purpose during that period shall be treated for the purposes of this
section as constituting a single computer; and references in this section to a computer shall be
construed accordingly.
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(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section,
a certificate doing any of the following things, that is to say,-
(a) Identifying the electronic record containing the statement and describing the manner in
which it was produced;
(b) Giving such particulars of any device involved in the production of that electronic record
as may be appropriate for the purpose of showing that the electronic record was produced by
a computer;
(c) Dealing with any of the matters to which the conditions mentioned in sub-section (2)
relate, and purporting to be signed by a person occupying a responsible official position in
relation to the operation of the relevant device or the management of the relevant activities
(whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the
purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the
knowledge and belief of the person stating it.
(5) For the purposes of this section,-

(a) Information shall be taken to be supplied to a computer if it is supplied thereto in any
appropriate form and whether it is so supplied directly or (with or without human
intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official information is supplied with
a view to its being stored or processed for the purposes of those activities by a computer
operated otherwise than in the course of those activities, that information, if duly supplied to
that computer, shall be taken to be supplied to it in the course of those activities;
(c) A computer output shall be taken to have been produced by a computer whether it was
produced by it directly or (with or without human intervention) by means of any appropriate
equipment.
Explanation.-For the purposes of this section any reference to information being derived from
other information shall be a reference to its being derived therefrom by calculation, comparison
or any other process.
Section 67. Proof of signature and handwriting of person alleged to have signed or written
document produced –
Non-examination of executants of receipt, admissibility of receipts not proper; Ramkrishna Dode
v. Anand, AIR 1999 Bom 89.
Section 136. Judge to decide as to admissibility of evidence –

When either party proposes to give evidence of any fact, the Judge may ask the party proposing
to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge
shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.
If the fact proposed to be proved is one of which evidence is admissible only upon proof of some
other fact, such last-mentioned fact must be proved before evidence is given of the fact first
mentioned, unless the party undertakes to give proof of such fact and the Court is satisfied with
such undertaking.
If the relevancy of the alleged fact depends upon another alleged fact being first proved, the
Judge may, in his discretion, either permit evidence of the first fact to be given before the second
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fact is proved or acquire evidence to be given of the second fact before evidence is given of the
first fact.
Illustrations
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which
statement is relevant under section 32.
The fact that the person is dead must be proved by the person proposing to prove the statement,
before evidence is given of the statement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost.
The fact that the original is lost must be proved by the person proposing to produce the copy,
before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen.
It is proposed to prove that he denied the possession of the property.
The relevancy of the denial depends on the identity of the property. The Court may, in its
discretion, either require the property to be identified before the denial of the possession is
proved, or permit the denial of the possession to be proved before the property is identified.
(d) It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact in
issue. There are several intermediate facts (B, C and D) which must be shown to exist before the
fact (A) can be regarded as the cause or effect of the fact in issue. The Court may either permit A
to be proved before B, C or D is proved, or may require proof of B, C and D before permitting
proof of A.
Section 162. Production of document –
A witness summoned to produce a document shall, if it is in his possession or power, bring it to

the Court, notwithstanding any objection which there may be to its production or to its
admissibility. The validity of any such objection shall be decided on by the Court.
The Court, if it sees, fit, may inspect the document, unless it refers to matters of State, or take
other evidence to enable it to determine on its admissibility.
Confessions
Section 24. Confession by inducement, threat or promise when irrelevant in criminal

proceeding-
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of

the confession appears to the Court to have been caused by any inducement, threat or
promise, 1having reference to the charge against the accused person, proceeding from a person in
authority and sufficient, in the opinion of the Court, to give the accused person grounds, which
would appear to him reasonable, for supposing that by making it he would gain any advantage or
avoid any evil of a temporal nature in reference to the proceeding against him.
Extra judicial confession
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Extra-judicial confession made to village Administrative Officer by accused is admissible; Shiv
Kumar v. State by Inspector of Police, AIR 2006 SC 653. It is difficult to rely upon the extra
judicial confession as the exact words or even the words as nearly as possible have not been
reproduced. Such statement cannot be said to be voluntary so the extra judicial confession has to
be excluded from the purview of consideration for bring home the charge; C.K. Raveendran v.
State of Kerala, AIR 2000 SC 369.
The extra-judicial confession cannot be sole basis for recording the confession of the accused, if
the other surrounding circumstances and the materials available on the record do not suggest his
complicity; Chaya Kant Nayak v. State of Bihar, (1997) 2 Crimes 297 (Pat). An extra-judicial
confession, if it is voluntary truthful, reliable and beyond reproach, is an efficacious piece of
evidence to establish the guilt of the accused and it is not necessary that the evidence of extra-
judicial confession should be corroborated on material facts; Laxman v. State of Rajasthan,
(1997) 2 Crimes 125 (Raj).
Where confession was not disclosed to the wife of deceased but it was disclosed to the police
officer and was not corroborated, the extrajudicial confession is not reliable; Surinder Kumar v.
State of Punjab, AIR 1999 SC 215. An extra-judicial confession by its very nature is rather a
weak type of evidence and requires appreciation with a great deal of care and caution where an
extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes
doubtful and it loses its importance. The courts generally look for independent reliable
corroboration before placing any reliance upon an extra-judicial confession; Balwinder Singh v.
State of Punjab, (1995) Supp (4) SCC 259.
It is well settled now that a retracted extra-judicial confession, though a piece of evidence on
which reliance can be placed, but the same has to be corroborated by independent evidence. If
the evidence of witness before whom confession made was unreliable and his conduct also
doubtful and there is no other circumstance to connect accused with crime, conviction based
solely on retracted extra-judicial confession is not proper and the accused is entitled to acquittal;
Shakhram Shankar Bansode v. State of Maharashtra, AIR 1994 SC 1594.
The extra-judicial confession not trustworthy cannot be used for corroboration of any other
evidence; Heramba Brahma v. State of Assam, AIR 1982 SC 1595. Where confessional
statement is inconsistent with medical evidence, conviction of accused solely based on extra-
judicial confession is not proper; Chittar v. State of Rajasthan, 1994 Cr LJ 245 (SC).
Tape-recording of confession denotes influence and involuntariness. Accused is entitled to be

acquitted; State of Haryana v. Ved Prakash, 1994 Cr LJ 140 (SC). The confessional statement
recorded by 1st Class Magistrate rightly held to be correct; Manguli Dei v. State of Orissa, 1989
Cr LJ 823: AIR 1989 SC 483. The general trend of the confession is substantiated by some
evidence, tallying with the particulars of confession for conviction of the accused; Madi Ganga v.
State of Orissa, AIR 1981 SC 1165: 1981 Cr LJ 628: (1981) 2 SCC 224: 1981 SCC (Cr) 411.
When statement Amounts to confession
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A statement in order to amount to a ‘confession’ must either admit in terms of offence, or at any
rate substantially all the facts which constitute the offence; Veera Ibrahim v. State of
Maharashtra, AIR 1976 SC 1167.
Section 25. Confession to police officer not to be proved

No confession made to police officer1 shall be proved as against a person accused of any offence.
Admissibility
Any confessional statement given by accused before police is inadmissible in evidence and
cannot be brought on record by the prosecution and is insufficient to convict the accused; Ram
Singh v. State of Maharashtra, 1999 Cr LJ 3763 (Bom).
Scope
If the first information report is given by the accused to a police officer and amounts to a
confessional statement, proof of the confession is prohibited by section 25; Aghnu Nagesia v.
State of Bihar, AIR 1966 SC 119.
Section 26. Confession by accused while in custody of police not to be proved against him
No confession made by any person whilst he is in the custody of a police-officer, unless it be

made in the immediate presence of a Magistrate1, shall be proved as against such person.
,2
[Explanation.-In this section “Magistrate” does not include the head of a village discharging
magisterial functions in the Presidency of Fort St. George ,3[***] or elsewhere, unless such
headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal
Procedure, 1882 (10 of 1882),4].
Section 27. How much of information received from accused may be proved
Provided that, when any fact is deposed to as discovered in consequence of information received
from a person accused of any offence, in the custody of a police officer, so much of such
information, whether it amounts to a confession or not, as relates distinctly to the fact thereby
discovered, may be proved.
Applicability
For the application of section 27 the statement must be split into its components and to separate
the admissible portion. Only those components or portions which were the immediate cause of
the discovery would be legal evidence and not the rest which must be excised and rejected;
Mohd. Inayatullah v. State of Maharashtra, AIR 1976 SC 483.
Condition for operation
The condition necessary to bring the section 27 into operation is that the discovery of a fact in a
consequence of information received from a person accused of any offence in the custody of a
police officer must be deposed to, and thereupon so much of the information as relates distinctly
to the fact thereby discovered may be proved; Pulukuri Kottaya v. Emperor, AIR 1947 PC 119.
Discovered Fact
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A fact discovered in an information supplied by the accused in his disclosure statement is a
relevant fact and that is only admissible in evidence if something new is discovered or recovered
from the accused which was not within the knowledge of the police before recording the
disclosure statement of the accused; Kamal Kishore v. State (Delhi Administration), (1997) 2
Crimes 169 (Del). Where a witness was related to deceased and resident of another place, even
then his evidence regarding recovery of weapons and clothes cannot be discarded; State of
Madhya Pradesh v. Rammi, 1999 (1) JLJ 49.
Scope
Under section 27 it is not necessary that a disclosure statement must be signed by maker of the
same or that thumb impression must be affixed to it; K.M. Ibrahim alias Bava v. State of
Karnataka, 2000 Cr LJ 197 (Karn).
A confession made by an accused person while he is in custody must be excluded from evidence
and permits the admission of such a confession under the condition prescribed by this section;
Kamal Kishore v. State (Delhi Administration), (1997) 2 Crimes 169 (Del).
Section 28. Confession made after removal of impression caused by inducement, threat or
promise, relevant
If such a confession as is referred to in Section 24 is made after the impression caused by any
inducement, threat or promise has, in the opinion of the Court been fully removed it is relevant.
Section 29. Confession otherwise relevant not to become irrelevant because of promise of
secretary etc.
If such a confession is otherwise relevant, it does not become it was made under a promise of
secrecy or in consequence of a deception practiced on the accused person for the purpose of
obtaining it, or when he was drunk, or because it was made in answer to question which he need
not have answered, whatever may have been the form of those question, or because he was not
warned that he was bound to make such confession, and that the evidence of it might be given
against him.
Section 30. Consideration of proved confession affecting person making it and others
jointly under trail for same offence
When more persons than one are being tried jointly for the same offence, and a confession made
by one of such persons affecting himself and some other of such persons is proved, the Court
may take into consideration such confession as against such other person as well as against the
person who makes such confession.
1
Explanation – “Offence” as used in this Section, includes the abutment of, r attempt to commit,
the offence.
Illustrations
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(a) A and B are jointly tried for the murder of C. It is proved that A said – “B and I murdered C”.
the court may consider the effect of this confession as against B.
(b) A is on his trail for the murder of C. There is evidence to show that C was murdered by A
and B, and that B said, “A and I murdered C”. The statement may not be taken into consideration
by the Court against A as B is not being jointly tried.
Comments
Accuser’s confession cannot be used against co-accused

The statement of the accused leading to the discovery, or the informatory statement amounting to
confession of the accused, cannot be used against the co-accused with the aid of section 303;
Kamal Kishore v. State (Delhi Administration), (1972) 2 Crimes 169 (Del).
The word “confession” appears for the first time in Section 24 of the Indian Evidence Act. This
section comes under the heading of Admission so it is clear that the confessions are merely one
species of admission. Confession is not defined in the Act. Mr. Justice Stephen in his Digest of
the law of Evidence defines confession as “confession is an admission made at any time by a
person charged with a crime stating or suggesting the inference that he committed that crime.”
In Pakala Narayan Swami v Emperor Lord Atkin observed

“A confession must either admit in terms the offence or at any rate substantially all the facts
which constitute the offence. An admission of a gravely incriminating fact, even a conclusively
incriminating fact is not in itself a confession”.
In the case of Palvinder Kaur v State of Punjab the Supreme Court approved the Privy Council
decision in Pakala Narayan Swami case over two scores.
Firstly, that the definition if confession is that it must either admit the guilt in terms or admit
substantially all the facts which constitute the offence.
Secondly, that a mixed up statement which even though contains some confessional statement
will still lead to acquittal, is no confession.
Thus, a statement that contains self-exculpatory matter which if true would negate the matter or
offence, cannot amount to confession.
However in the case Nishi Kant Jha v State of Bihar the Supreme Court pointed out that there
was nothing wrong or relying on a part of the confessional statement and rejecting the rest, and
for this purpose, the Court drew support from English authorities. When there is enough
evidence to reject the exculpatory part of the accused person’s statements, the Court may rely on
the inculpatory part.
Admission and confession
Section 17 to 31 deals with admission generally and include Section 24 to 30 which deal with
confession as distinguished from admission.
Table 5.1 Confession VS Admission

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Confession Admission
1. Confession is a statement made by an 1. Admission usually relates to civil transaction

accused person which is sought to be proved and comprises all statements amounting to
against him in criminal proceeding to establishadmission defined under section 17 and made
the commission of an offence by him. by person mentioned under section 18, 19 and
20.
2. Confession if deliberately and voluntarily 2. Admissions are not conclusive as to the
made may be accepted as conclusive of the matters admitted it may operate as an estoppel.
matters confessed.
3. Confessions always go against the person 3. Admissions may be used on behalf of the
making it person making it under the exception of section
21 of evidence act.
4. Confessions made by one or two or more 4. Admission by one of the several defendants
accused jointly tried for the same offence can in suit is no evidence against other defendants.
be taken into consideration against the co-
accused (section 30)
5. Confession is statement written or oral 5. Admission is statement oral or written which
which is direct admission of suit. gives inference about the liability of person
making admission.
The acid test which distinguishes a confession from an admission is that where conviction can be
based on the statement alone, it is confession and where some supplementary evidence is needed
to authorize a conviction, then it is an admission as stated in Ram Singh v. State Another test is
that if the prosecution relies on the statement as being true it is confession and if the statement is
relied on because it is false it is admission. In criminal cases a statement by accused, not
amounting to confession but giving rise to inference that the accused might have committed the
crime is his admission.
Forms of confession
A confession may occur in many forms. When it is made to the court itself then it will be called
judicial confession and when it is made to anybody outside the court, in that case it will be called
extra-judicial confession. It may even consist of conversation to oneself, which may be produced
in evidence if overheard by another. For example, in Sahoo v. State of U.P. the accused who was
charged with the murder of his daughter-in-law with whom he was always quarreling was seen
on the day of the murder going out of the house, saying words to the effect : “I have finished her
and with her the daily quarrels.” The statement was held to be a confession relevant in evidence,
for it is not necessary for the relevancy of a confession that it should be communicated to some
other person.
Judicial confession- Are those which are made before a magistrate or in court in the due course
of legal proceedings. A judicial confession has been defined to mean “plea of guilty on
arrangement (made before a court) if made freely by a person in a fit state of mind.
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Extra-judicial confessions- Are those which are made by the accused elsewhere than before a
magistrate or in court. It is not necessary that the statements should have been addressed to any
definite individual. It may have taken place in the form of a prayer. It may be a confession to a
private person.
An extra-judicial confession has been defined to mean “a free and voluntary confession of guilt
by a person accused of a crime in the course of conversation with persons other than judge or
magistrate seized of the charge against himself. A man after the commission of a crime may
write a letter to his relation or friend expressing his sorrow over the matter. This may amount to
confession. Extra-judicial confession can be accepted and can be the basis of a conviction if it
passes the test of credibility. Extra-judicial confession is generally made before private person
which includes even judicial officer in his private capacity. It also includes a magistrate not
empowered to record confessions under section 164 of the Cr.P.C. or a magistrate so empowered
but receiving the confession at a stage when section 164 does not apply.
Section 164 of the Criminal Procedure Code
Table 5.2 Difference between Judicial and Extra-judicial confession
Judicial confession Extra-judicial confession

1. Judicial confessions are those which are 1. Extra-judicial confession is those which are
made to a judicial magistrate under section 164 made to any person other than those authorized
of CrPC or before the court during committal by law to take confession. It may be made to
proceeding or during trial. any person or to police during investigation
of an offence.
2. To prove judicial confession the person to 2. Extra-judicial confession are proved by
whom judicial confession is made need not be calling the person as witness before whom the
called as witness. extra-judicial confession is made.
3. Judicial confession can be relied as proof of 3. Extra-judicial confession alone cannot be
guilt against the accused person if it appears to relied it needs support of other supporting
the court to be voluntary and true. evidence.
4. A conviction may be based on judicial 4. It is unsafe to base conviction on extra-
confession. judicial confession.
Voluntary and non-voluntary confession-
A confession to the police officer is the confession made by the accused while in the custody of a
police officer and never relevant and can never be proved under Section 25 and 26. Now as for
the extra-judicial confession and confession made by the accused to some magistrate to whom he
has been sent by the police for the purpose during the investigation, they are admissible only
when they are made voluntarily. If the making of the confession appears to the court to have
been caused by any inducement, threat or promise having reference to the change against the
accused person proceeding from a person in authority and sufficient in opinion of the court to
give the accused person grounds, which would appear to him reasonable for supporting that by
making it he would gain any advantage or avoid any evil of a temporal nature in reference to the
proceeding against him, it will not be relevant and it cannot be proved against the person making
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the statement. Section 24 of the Evidence Act lays down the rule for the exclusion of the
confession which is made non-voluntarily.
Section 24 of Indian Evidence Act - confession caused by inducement, threat or promise, when
irrelevant in criminal proceeding- A confession made by an accused person is irrelevant in a
criminal proceeding, if the making of the confession appears to the court to have been caused by
any inducement, threat or promise having reference to the charge against the accused person,
proceeding from a person in authority and sufficient, in the opinion of the court, to give the
accused person grounds, which would appear to him reasonable, for supporting that by making it
he would gain any advantage or avoid any evil of temporal nature in reference to the proceeding
against him.
If a confession comes within the four corners of Section 24 is irrelevant and cannot be used
against the maker.
Ingredients of Section 24
To attract the prohibition enacted in Section 24 the following facts must be established:
• That the statement in question is a confession,

• That such confession has been made by the accused,
• That it has been made to a person in authority,
• That the confession has been obtained by reason of any inducement, threat or promise,
proceeding from a person in authority,
• Such inducement, threat or promise must have reference to the charge against the accused,
and
• The inducement, threat or promise must in the opinion of the court be sufficient to give the
accused ground, which would appear to him reasonable, for supporting that by making it he
would gain any advantage or avoid any evil of a temporal nature in reference to the
proceedings against him.
1. Confession made by inducement, threat or promise- a confession should be free and voluntary.
“If it proceeds from remorse and a desire to make reparation for the crime, it is admissible. If it
flows from hope or fear, excited by a person in authority, it is inadmissible.” The term
inducement involves a threat of prosecution if the guilt is not confessed and a promise of
forgiveness if it is so done. It is very difficult to lay down any hard and fast rule as to what
constitutes inducement. It is for the judge to decide in every case. An inducement may be express
or implied; it need not be made to the accused directly from the person in authority. Before a
confession can be received as such, it must be shown that it was freely and voluntarily made.
This means that the confession must not be obtained by any sort of threat or violence, not by any
promise either direct or indirect, expressed or implied, however slight the hope or fear produced
thereby, not by the exertion of an influence. The ground on which confessions made by the
accused under promises of favour or threats of injury are excluded from evidence is not because
any wrong is done to the accused in suing than but because he may be induced by pressure of
hope or fear to confess the guilt without regard to their truth in order to obtain relief or avoid the
threatened danger. Thus it is clear that if threat or promise from persons in authority is used in
getting a confession it will not be taken into evidence. Every threat or inducement may not be
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sufficient to induce the accused to confess a guilt. The proper question before excluding a
confession is whether the inducement held out to the prisoner was calculated to make his
confession untrue one. The real enquiry is whether there had been any threat of such a nature that
from fear of it the prisoner was likely to have told an untruth. If so, the confession should not be
admitted.
In case of an ordinary confession there is no initial burden on the prosecution to prove that the
confession sought to be proved is not obtained by inducement, threat, etc. It is the right of the
accused to have the confession excluded and equally the duty of the court to exclude it even suo
moto. It is idle to expect that an accused should produce definite proof about beating or pressure.
But he must point out some evidence or circumstances on which a well-sounded conjecture at
least, that there was beating or pressure may reasonably be based.
2. Inducement must have reference to the charge- the inducement must have reference to the
charge against the accused person that is the charge of offence in the criminal courts and
inferencing the mind of the accused with respect to the escape from the charge. The inducement
must have reference to escape from the charge. Thus, it is necessary for the confession to be
excluded from evidence that the accused should labour under influence that in reference to the
charge in question his position would be better or worse according as he confesses or not.
Inducements in reference to other offences or matters or offences committed by others will not
affect the validity of the confession thus, where a person charged with murder, was made to
confess to a Panchayat which threatened his removal from the caste for life, the confession was
held to be relevant, for the threat had nothing to do with the charge.
The inducement need not be necessarily expressed. It may be implied from the conduct of the
person in authority, from the declaration of the prisoner or the circumstances of the case.
Similarly it need not be made to the prisoner directly; it is sufficient to have come to his
knowledge provided it appears to have induced to confession.
3. Threat, inducement and promise from a person in authority- the threat, inducement and
promise on account of which the accused admits the guilt must come from a person who has got
some authority over the matter. To be clear the person giving different promises, threatening the
accused or inducing him to make the confession must be a person in authority as stated in the
Pyare Lal v. State of Rajasthan. If a friend of the accused induces him to make a confession or a
relation if he makes him a promise that if he confesses he will get him released or even if he
threatens him and the accused on that account admits his guilt this statement will not be excluded
by Section 24 as the threat, inducement or promise do not emanate from a person in authority.
If the accused makes the confession thinking that by doing so the authorities would soften the
attitude towards him the confession cannot be said to be non-voluntary.
The term “person in authority” within the meaning of Section 24 was held to be one who has
authority to interfere in the matter charge against the accused. If this definition is to be accepted
that term “a person in authority” would mean only the police who are in charge of the
investigation and the magistrate who is to try the case. This view appears to be too restrictive. It
appears that a person in authority within the meaning of Section 24 should be one who by virtue
of his position wields some kind of influence over the accused.
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The question as to whether a person to whom a confession has been made is a person in authority
would naturally depend on the circumstances of each case having regard to the status of the
accused in relation to the person before whom the confession is made. A house surgeon is a
person in authority in relation to nurse of the same hospital.
4. Sufficiency of the inducement, threat or promise- before a confession is excluded, inducement,

threat or promise would in the opinion of the court be sufficient to give the accused person
ground which would appear to the accused reasonable for supposing that by making the
confession he would gain an advantage or avoid an evil of the nature contemplated in the section.
Consequently the mentality of the accused has to be judged and not the person in authority. That
being the case, not only the actual words, but words followed by acts or conduct on the part of
the person in authority, which may be taken by the accused person as amounting to an
inducement, threat or promise, will have to be taken into account. A perfectly innocent
expression, coupled with acts or conduct on the part of the person in authority together with the
surrounding circumstances may amount to inducement, threat or promise. It does not turn upon
as to what may have been the precise words used but in each case whatever the words used may
be it is for the judge to consider whether the words used were such as to convey to the mind of
the person addressed an intimation that it will be better for him to confess that he committed the
crime or worse for him if he does not. The expression, “whatever you say will be used as
evidence against you” will not exclude a confession. On the other hand “you better pay the
money than go to jail”, “if you tell me where my goods are I will be favourable to you”, “I will
get you released if you tell me the truth”, have been held to be sufficient to give the accused
grounds for supposing that by making the confession he would gain an advantage or avoid an
evil.
It must be borne in the mind that the advantage gained or the evil avoided must be of temporal
nature therefore any inducement having reference to a future state of reward or punishment does
not affect the admissibility of confession. A confession will not be excluded which has been
obtained by the accused by moral or religious exhortation. The expression “you had better as
good boys tell the truth”, “kneel down and tell me truth in the presence of the Almighty”, do not
give out any temporal gain and so the confession derived on these confessions are not excluded
by Section 24. Confession obtained on the allegation by the panches that if the accused does not
confess he shall be excommunicated will not exclude the confession. It should be borne in the
mind that the gain or evil must be in reference to the proceeding against him.
Dying Declaration
Section 32. Case in which statement of relevant fact by person who is dead or cannot be
found, etc. is relevant
Admissibility of dying declaration

It would be very unsafe and hazardous to sustain the conviction of the accused charged for
offences under section 302 read with section 34 IPC on the basis of dying declaration recorded
by special executive magistrate and police officer separately; Dada Machindra Chaudhary v.
State of Maharashtra , 1999 Cr LJ 4009 (Bom).
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Where there were infirmities in declaration regarding state of deceased to make oral dying
declaration and unnatural conduct of witness to whom dying declaration was allegedly given by
the deceased which was disclosed to the police after two days of death of deceased, accused was
entitled to the benefit of doubt; Ram Sai v. State of Madhya Pradesh, 1994 Cr LJ 138 (SC).
Where father of deceased son lodged F.I.R. after admitting him in hospital and mentioned about
oral dying declaration with necessary details, such dying declaration given to interested persons
is reliable; Vishram v. State of Madhya Pradesh, AIR 1993 SC 258.
Where deceased victim knew assailants and gave their names to his family members at first
opportunity, his dying declaration could be relied upon; Prakash v. State of Madhya Pradesh,
AIR 1993 SC 65.
Admissions are not conclusive
There is no doubt that admissions are a good piece of evidence and they can be used against its
maker. Admissions are, however, not conclusive and unless they constitute estoppels, the maker
is at liberty to prove that they are mistaken or are untrue; Jagdish Prasad v. Sarwan Kumar , AIR
2003 P&H 3.
That the FIR as well as the statement given by the injured to the investigating officer is not
admissible as dying declaration under section 32; Sukhar v. State of Uttar Pradesh, 2000 Cr LJ
29 (SC).
Dying declaration must be made by deceased only
The declaration made by the deceased cannot be called dying declaration because it was not
voluntary and answers were not given by her, it was her husband who was answering; Suchand
Pal v. Phani Pal, AIR 2004 SC 973.
If the court is satisfied that the dying declaration is true and is free from any effort to prompt the
deceased to make a statement and is coherent and consistent, there is no legal impediment in
founding the conviction on such a dying declaration even if there is no corroboration; Kusa v.
State of Orissa, AIR 1980 SC 559.
When dying declaration does not require further corroboration
Once, the court has come to the conclusion that the dying declaration was the truthful version as
to the circumstances of the death and the assailants of the victim, there is no question of further
corroboration; Khushal Rao v. State of Bombay, AIR 1958 SC 22.
When more than one dying declarations
In case of two conflicting dying declarations one recorded by doctor in the presence of two more
doctors and second by a person attested by Sarpanch, in second one being not proved by
competent witness cannot be relied upon; Harbans Lal v. State of Haryana, AIR 1993 SC 819.
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Where there are more than one dying declarations and they are inconsistent there it is not
possible to pick out one such declaration wherein accused is implicated and base the conviction
on the sole basis of that dying declaration; Kamla v. State of Punjab, AIR 1993 SC 374.
Among three dying declarations recorded by doctor, police and Magistrate with no infirmity in
any, the fact that third declaration was not in question and answer form is not material; Ganpat
Mahadeo Mane v. State of Maharashtra, AIR 1992 SC 1180.
Illustrations
A wishes to prove a dying declaration by B.A must prove B’s death.

B wishes to prove, by secondary evidence, the contents of a lost document.
A must prove that the document has been lost.
The evidence is admissible.
(b) A is indicted for the murder of B.
C says the B, when dying, declared that A had given B the wound of which he died.
Evidence is offered to show that, on a previous occasion, C said that the wound was not given by
A or in his presence.
Presumption of fact and law- Section 79- 90A
Presumption of Fact
“Fact”.-“Fact” means and includes-
(1) any thing, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious.
(a) That there are certain objects arranged in a certain order in a certain place, is a fact.
(b) That a man heard or saw something is a fact.
(c) That a man said certain words is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith, or
fraudulently, or uses a particular word in a particular sense, or is or was at a specified time
conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation is a fact.
Illustrations
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Section 4. “May presume”

Whenever it is provided by this Act that the Court may presume a fact, it may either regard such
fact as proved, unless and until it is disproved, or may call for proof of it.
“Shall presume” – Whenever it is directed by this Act that the Court shall presume a fact, it
shall regard such fact as proved, unless and until it is disproved.
“Conclusive proof” – Where one fact is declared by this Act to be conclusive proof of another,
the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence
to be given for the purpose of disproving it.
101. Burden of Proof

Whoever desires any Court to give judgment as to any legal right or liability dependent on the
existence to facts which he asserts, must prove that those facts exist. When a person is bound to
prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustration
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has
committed.
A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B,
by reason of facts which he asserts, and which B denies to be true.
A must prove the existence of those facts.
Comments
Joint family property
Merely because some of properties continue to stand in the name of plaintiff that by itself cannot
lead to any conclusion that the property purchased by any one member of the family would
necessarily be a part of joint family property and when evidence shows that the person who has
purchased property had been engaged in an independent business for a sufficient long period;
Baban Girju v. Namdeo Girju Bangar, AIR 1999 Bom 46.
Reasonable proof of ownership

In absence of any reasonable proof that defendant was the actual owner of the property, and
plaintiff was only a name given does not prove that respondent was owner and plaint maker was
only a name given to the property; Rama Kanta Jain v. M.S. Jain, AIR 1999 Del 281.
What to be proved by prosecution

It is well settled that the prosecution can succeed by substantially proving the very story it
alleges. It must stand on its own legs. It cannot take advantage of the weakness of the defence.
Nor can the court on its own make out a new case for the prosecution and convict the accused on
that basis; Narain Singh v. State, (1997) 2 Crimes 464 (Del).
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RECOMMENDED READINGS:
1. Guar K.D., (1995) Criminal Law, Oxford University Press

2. Kelkar, R.V., (1996) Outlines of Criminal Procedure
3. Pillai, A.P. S., (1996) Criminal Law, N.M. Tripathi.
4. Ratanlal and Dhirajlal (1995) Code of Criminal Procedure
5. Sarathy Veppa P. (1994) Elements of Law of Evidence, Eastern book Co., Lucknow.
6. Singh, A., (1995) Law of Evidence, Allahabad Law agency.
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Definitions – Vices, Sin, Tort and Crime

Vice (victimless crime)- Legal Definition

Tort Law: Three Types of Torts

 Tortfeasor, or defendant, had a duty to act or behave in a certain way.

“Crime is an intentional act or omission committed by a person or group in violation of

History of Criminal Law

Objective of the Indian Penal Code

Indian Penal Code Format

Importance of the Indian Penal Code

The Act 45 of 1860

The first Codified Criminal Laws: Indian Penal Code (IPC)

• General conditions of liability

1. Title and extent of operation of the Code

2. Punishment of offences committed within India

4. Extension of Code to extra-territorial offences

5. Certain laws not to be affected by this Act

Important Terms in India Penal Code

Chapter II - General Explanations

6. Definitions in the Code to be understood subject to exceptions

7. Sense of expression once explained

10. "Man", "Woman"

14. "Servant of Government"

15. "British India"

16. "Government of India"

20. "Court of Justice"

21. "Public Servant"

Third — Every Judge including any person empowered by law to discharge,

A Municipal Commissioner is a public servant.

22. "Movable property"

23. "Wrongful gain"

Gaining wrongfully, losing wrongfully

26. "Reason to believe"

27. Property in possession of wife, clerk or servant

Explanation — A person employed temporarily or on a particular occasion in the capacity of a

Explanation 1 — It is not essential to counterfeiting that the imitation should be exact.

Explanation 2 — Whatever is expressed by means of letters, figures or marks as explained by

30. "Valuable security"

31. "A will"

32. Words referring to acts include illegal omissions

33. "Act", "Omission"

The bill may be taken for consideration by the House at once.

Figure 1.1 Process of Law making in India

Constitution of India: An Overview

The constitution secures to all its citizens

• Justice-social, economic and political

Fundamental Rights: The Concept

Table 1.1 Fundamental Rights enshrined in Constitution of India

 Article 14 :- Equality before law and equal protection of law

 Article 25 :- Freedom of conscience and free profession, practice

 Article 32 :- The right to move the Supreme Court in case of their

Directive Principles of State Policy- DPSP

Figure 1.2 Directive Principles of State Policy

Directives in the Nature Directives Shaping the Non-Justiciable Rights

Promote welfare of people Economic Rights Right to Livelyhood

• Cherished Ambitions which are not justiciable in a court of Law

Code of Criminal Procedure

Object and Importance of Criminal Procedure

Indian Evidence Act

Contents of Indian Evidence Act