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Cognizable Offence and Non cognizable Offence

Cognizable Offense Non-Cognizable Offence

Can be registered and investigated by the Requires a warrant from the court to be
police without a warrant registered and investigated

Serious in nature, often involving grave Relatively less serious offences

offences

Police have the power of arrest without a Police cannot arrest without a warrant; a court's
warrant permission is required

The investigation procedure for cognizable The investigation procedure for non-cognizable
offences is outlined in Section 156 of the offences is outlined in Section 155 of the CrPC.
CrPC.

Court's permission is not required for Court's permission is necessary for investigation
investigation or arrest and arrest

Punishments for cognizable offences typically Punishments for non-cognizable offences are
exceed three years and may include life usually less than three years.
imprisonment or the death penalty.

No provision for compromise between parties Parties involved can settle the matter through
involved compromise

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BAILABLE AND NON BAILABLE OFFENSE

Bailable Offense

➔ A bailable offence is one where the accused has the right to be released on bail. The granting
of bail for such offences is usually a matter of right and not discretion.
➔ As per Section 2(a) of the Code of Criminal Procedure (CrPC), 1973
◆ Examples: Offences like simple assault, defamation, public nuisance, and other minor
offences are typically categorised as bailable.

Non-Bailable Offence

➔ A non-bailable offence is one where bail is not a matter of right and is subject to the
discretion of the court. The seriousness of the offence and other factors are considered
before granting bail.
➔ As per Section 2(a) of the CrPC, 1973, a non-bailable offence is one that is not classified as
bailable.
◆ Examples: Offenses like murder, rape, kidnapping, robbery, and other serious crimes
are categorized as non-bailable.

Anticipatory Bail (Section 438)

➢ An individual who anticipates arrest can apply for anticipatory bail before the High Court or
the Court of Session. (must state the reasons)
➢ The applicant does not misuse the liberty granted.
➢ Common conditions include:
■ The applicant must cooperate with the investigation.
■ The applicant should not leave the country without the court’s permission.
➢ Factors Considered by the Court:
○ The nature and gravity of the accusation.
○ The applicant’s antecedents, such as whether they have previously been convicted of
any offence.
○ The possibility of the applicant fleeing from justice.
○ The likelihood of the applicant tampering with evidence
➢ The court may specify the duration for which the anticipatory bail will be effective.
➢ Anticipatory bail is not a matter of right and is granted at the discretion of the court
○ It is typically sought for non-bailable offenses, where the standard bail provisions do
not apply.

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Autrefois Acquit:

● When a person is tried for an offense of which they have previously been acquitted
(found not guilty) by a court. It prevents the person from being tried again for the
same offense based on the same facts.
○ The rationale behind this principle is to protect individuals from being
subjected to multiple prosecutions for the same alleged conduct, once they
have been acquitted.

Autrefois Convict:

● When a person is tried for an offence for which they have previously been convicted
(found guilty) by a court. It prevents the person from being tried again for the same
offence based on the same facts.
○ It aims to prevent double jeopardy and protect individuals from facing
repeated prosecutions for the same offence.

CHARGE

➢ Charge shall state

○ Name of the offence (Sec 211)
○ Law and section of offence
○ Time and Place of offence (Sec 213)
○ Previous Convictions of the accused
○ Language of court

JOINDER OF CHARGES

Section 218-224

➢ Distinct offence = there shall be separate charge (S218)

➢ Exceptions
○ Desire of accused, tried all offence at once

○ 3 offences in a year, (S219) tried all at once

○ Series of offences; connected, Tried all at once

○ Same act but different definitions of law, tried all at once

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A wrongfully strikes B with a cane. A may be separately charged with a

■
tried at one trial for offences under sections 352 (criminal force) and
323(voluntarily causing hurt) of the Indian Penal Code.
○ Doubtful of which offence is committed(COGNATE OFFENCES) Tried all the
once
○ Many person charged together (Series,abetment) Tried all the once

SUMMONS AND WARRANT

Summons :
➔ Document issued by a court - Calls upon a person to come before a judge - To show a
certain document.
➔ clearly state the court’s name, the location, date and time when the summoned person needs
to appear.
➔ if the accused pleads ‘not guilty - The accused can’t be acquitted without examining the
prosecution’s witnesses - Upon request by either party, the magistrate should summon
witnesses - because the magistrate is obligated to examine all witnesses presented by both
sides - Failure to do so would make the criminal trial incorrect under Section 465 (Big
procedural errors during trial have caused a failure in Justice)
Warrants :
➔ official order that directs a specific person to apprehend a suspect and bring them to court
for legal proceedings.
➔ The warrant must have the court’s official seal and be signed by a presiding court officer. It
remains valid until the same court that issued it cancels it.
➔ When a person is arrested, they should be informed of the reason for their arrest and if
necessary, the warrant can be shown to them.

ASPECT SUMMONS WARRANT

Nature of Offence reserved for minor or petty encompass more serious

offences, such as traffic offences, including felonies
violations and crimes that carry
substantial penalties, such as
murder, robbery

Initiation of Proceedings legal proceedings are initiated The proceedings often

by the filing of a complaint by commence with the filing of a
the aggrieved party or a law First Information Report (FIR)
enforcement officer. The court by the police or a complaint by

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then issues a summons to the the victim. The court then

accused, compelling them to issues an arrest warrant,
appear in court on a specified authorising the police to
date. apprehend the accused.

Court’s Involvement require less direct involvement increased court involvement is

of the court as accused is due to the gravity of the
expected to voluntarily appear offences involved.
before the court

Bail Provisions the accused often has the Courts may be more cautious
opportunity to seek bail easily when granting bail to accused
individuals facing warrant
cases, especially if they are
charged with heinous crimes.

Appeal Process The appeal process may be the appeal process may be
relatively straightforward and more protracted and involve
handled at lower judicial levels. higher courts due to the
seriousness of the charges.

Issuance Process Can be issued without a prior Requires a court hearing or

court hearing, with the court probable cause showing before
or government agency issuance and must be executed
determining its validity. by law enforcement.

PUBLIC PROSECUTORS
Public prosecutors have to be independent of the executive and from all external influences like the
police and investigation process.
➔ The prosecutor has a duty to the State and the victims, to the accused and to the court.
➔ He is the minister of justice as he is present before the courts to formulate cases for the
State and help them in assisting the State in the administration of justice.
➔ For every High Court, the Central Government or the State Government shall, after
consultation with the High Court, appoint a Public Prosecutor
➔ For every district, the State Government shall appoint a Public Prosecutor (s 24(c))

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DISCHARGE AND ACQUITAL

Discharge (Under Sections 227 and 239)

➢ Discharge refers to the termination of criminal proceedings against an accused at the

pre-trial stage.
➢ Discharge occurs before the trial starts. It can happen during the stage of framing of
charges.
➢ Grounds
○ Lack of sufficient evidence.
○ Charges are groundless.
○ No prima facie case is made out against the accused.
➢ Example : If, during the pre-trial hearing, the judge finds that the evidence presented by the
prosecution is insufficient to establish a prima facie case against the accused, the judge may
order the discharge of the accused.

Acquittal (Under Sections 232 and 248 )

➢ Acquittal refers to the legal judgement that an accused is not guilty of the charges against
them after a full trial has been conducted.
➢ Acquittal occurs after the trial, once the court has examined all the evidence and heard the
arguments from both the prosecution and the defence.
➢ Example: After a full trial where all the evidence is examined, if the judge or jury finds that
the prosecution has not proven the accused’s guilt beyond a reasonable doubt, the accused
will be acquitted.

Executive magistrate (Sec 107,108,109)

➢ The role of Executive Magistrates is essential in maintaining law and order, preventing
potential crimes, and performing various administrative duties.
➢ Under Sections 107 to 110 of CrPC:
○ Executive Magistrates can take preventive measures to prevent the commission of
offenses. For example, they can require a person to execute a bond for keeping the
peace or maintaining good behavior.
➢ Section 144 CrPC:
○ . These orders can prohibit the assembly of people, holding of public meetings, and
carrying of arms to prevent disturbances.

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➢ Section 145 CrPC:

○ They can handle disputes regarding possession of immovable property to prevent
breaches of peace.
➢ Sec 133 CRPC : removal of unwanted obstruction :
■ Ratlam Municipality vs Vardichant (Municipality - open drain effluents -
removal of nuisance in 6 months order)
■ Krishna Gopal Vs State of MP (Shutdown a Glucose factory - Noise pollution)

Removal of public nuisance under sec 133 Crpc

➢ Preliminary Inquiry: The Magistrate conducts a preliminary inquiry to ascertain the

existence of the public nuisance.
➢ Notice to Show Cause: If the Magistrate is satisfied that a public nuisance exists, they issue a
notice to the person responsible for causing the nuisance.
➢ Order for Removal: The Magistrate may order the removal of the nuisance.
➔ If necessary, the Magistrate may use police assistance to ensure compliance with the
order.
➔ Penalty for Non-Compliance: Fine, Imprisonment

Powers of executive magistrate in relation to dispute over

immovable property. (Sections 145, 146, and 147)

➢ Section 145 of CrPC: Dispute concerning land or water is likely to cause breach of peace
○ The Magistrate issues a notice requiring them to attend a hearing and present their
claims.
○ The Magistrate can issue an interim order to maintain peace and prevent any party
from entering the property
➢ Section 146 of CrPC: Power to attach subject of dispute and to appoint receiver
○ If the Magistrate is unable to decide who was in possession or if the possession is
unclear
○ He appoints a receiver and the receiver has the authority to take control of the
property, manage it, and collect rents and profits until the dispute is resolved.
➢ Section 147 of CrPC: Dispute concerning right of use of land or water
○ If there is a dispute concerning the right of use of land or water (e.g., right of way,
right to irrigation), the Magistrate can initiate proceedings to address the dispute.

The orders passed by the Magistrate under these sections are temporary measures to
maintain peace until the civil courts can adjudicate the actual rights of the parties involved.

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Court examine witnesses and record their depositions in

absence of accused (section 299 of CrPC)
➢ Accused Absconding (Running away)
➢ Disruptive Behaviour
➢ Medical or Other Valid Reasons

Magistrate Dispense with Personal Attendance of Accused

❖ The accused can apply to the Magistrate requesting exemption from personal appearance.
The accused must be represented by a pleader (legal representative)
❖ The court retains the discretion to require the personal attendance of the accused at any
time.
➢ Medical Reasons
➢ Geographical Distance
➢ Business or Professional Commitments
➢ Non-Serious Offences

Private Complaint(Section 200 crpc)

○ An individual (the complainant) directly approaches the Magistrate with a complaint
against another person (the accused) for committing an offence.
○ The complaint can be either oral or written.
○ The written complaint should contain the facts of the case, details of the accused,
and the specific offences alleged to have been committed.
○ The Magistrate may conduct an inquiry to verify the truthfulness of the complaint.
○ If the Magistrate finds sufficient ground to proceed, summons or warrant is issued
against the accused to appear before the court. (S 204)
○ In trial the complainant presents evidence and arguments, The accused is given the
opportunity to present a defence

Plea Bargaining

➔ It is a legal process in which the accused and the prosecution negotiate a mutually
acceptable agreement, where the accused agrees to plead guilty to a lesser charge in
exchange for some concession from the prosecutor.

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➔ Section 265A :
◆ Applies where the maximum punishment is imprisonment for seven years.
◆ Does not apply to offences affecting the socio-economic conditions of the country
◆ Does Not apply on offences against a woman or a child below the age of 14 years.
➔ The court will examine the accused in camera to ensure that the application is made
voluntarily and without any coercion.
➔ The court will facilitate a meeting between the accused, the victim
➔ The judgement delivered under plea bargaining is final and cannot be appealed, except by
way of a special leave petition under Article 136

Arrest by Police Officers

Arrest with Warrant (Section 72-74 CrPC)

Arrest Without Warrant (Section 41 CrPC)

➢ Cognizable Offences: If a person is suspected of having committed a cognizable offence,

which is an offence where the police can arrest without a warrant and start an investigation
without the permission of a magistrate.
○ Possession of Stolen Property: If a person is in possession of stolen property and is
suspected of having committed an offence related to that property.
○ Proclaimed Offender: If a person is a proclaimed offender as per the orders of the
court.
○ Obstruction of Justice: If a person obstructs a police officer while in the execution of
their duty or attempts to escape lawful custody.
○ Requisite for Public Peace: If a person is suspected to be planning to commit a
cognizable offence that would disturb public peace.
➢ Constitutional Safeguards: Articles 21 and 22 of the Indian Constitution provide protection
against arbitrary arrest and detention.
○ Kastur Lal vs State of UP : Arrest a person - possession of stolen articles.

INVESTIGATION AND INQUIRY

Aspect Investigation Inquiry

Object collect the evidence determine the truth or

falsity of certain facts
related to the offence

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Authority done by a Police Officer or inquiry must be done by a

by any person other than a Magistrate or Court.
Court or a Magistrate,

Commencement Investigation commences Inquiry commences after

after the FIR is lodged or a the complaint has been
complaint filed to a Magistrate

Procedures after arrest

➢ Information of Grounds of Arrest (Section 50 CrPC)

➢ Preparation of Arrest Memo (DK Basu Guidelines)
➢ Right to Inform Relative or Friend (Section 50A CrPC)
➢ Medical Examination (Section 54 CrPC)
➢ Production Before Magistrate (Section 57 CrPC)
➢ Rights to Legal Representation (Article 22(1) of the Constitution and Section 41D
CrPC)
➢ Bail Considerations
➢ Remand Proceedings (Section 167 CrPC)
➢ Recording of Statements (Section 164 CrPC)
➢ Filing of Chargesheet (Section 173 CrPC)

Search without warrant (Sec 165)

A police officer must have reasonable grounds to believe that anything necessary for the
investigation, inquiry, trial, or other proceeding under the CrPC may be found in a place.

➔ The police officer must also believe that the object of the search cannot be
otherwise obtained without undue delay.
➔ The search must be conducted in the presence of two or more respectable
inhabitants of the locality where the search is being conducted.

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➔ Preparation of Search Memo: A list of all things seized during the search must be
prepared. A copy of the list must be delivered to the owner or occupant of the place
searched or to a person on their behalf.
➔ Example: A police officer receives credible information that illegal firearms are being
stored in a house. The officer believes that obtaining a warrant would cause undue
delay and the firearms might be moved.

First Information Report (FIR) (Section 154)

➔ An FIR is a report that reaches the police first at a point of time.

➔ Contents of FIR : Details of the Informant, Date, Time, and Location, Description of
the Offense, Witnesses: Signatures
➔ It ensures that the police have a documented basis to start their investigation and
that the judicial system is informed about the crime.
➔ It ensures accuracy, transparency, and accountability in the recording of criminal
complaints.

Trial Proceedings

➔ It involves specific legal procedures designed to protect the rights of both the
accused and the state
◆ Charge Framing
◆ Examination of Witnesses
◆ Arguments and Defense
◆ Judgment
◆ Verdict
◆ Appeals

Tender of Pardon to Accomplice (Section 306)

➢ The accomplice must request a pardon from the court voluntarily and truthfully
disclose all facts known to them about the offence.
➢ The court, after considering the request and the nature of the offence, may tender a
pardon to the accomplice.
➢ If the pardon is accepted by the accomplice, they are granted immunity from
prosecution for the offence they disclosed.
○ Statements made by an accomplice who has accepted a pardon are
admissible as evidence against other accused persons in the same offence.

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Maintenance (Section 125 CrPC)

➢ If the person seeking it is unable to maintain themselves and if the respondent

(husband, father, or mother) has sufficient means to provide maintenance.
➢ The intent of these provisions is to prevent destitution and ensure the financial
support of dependents who are unable to support themselves.
➢ Scope of Maintenance:
○ Wives, Children, Parents
➢ It can be enforced through the attachment of property, salary, or other means as
provided under the law.
➢ Wife:
○ The wife must be unable to maintain herself.
○ The husband, having sufficient means, neglects or refuses to maintain her.
○ Even if the wife is living separately, she can claim maintenance if there are
valid reasons, such as cruelty or desertion by the husband.
○ A divorced wife is also entitled to maintenance if she remains unmarried and
is unable to maintain herself.
➢ Children:
○ Legitimate or illegitimate minor children (son or daughter) who are unable to
maintain themselves.
○ Legitimate or illegitimate major children who are unable to maintain
themselves due to physical or mental abnormality or injury.
○ A married daughter can claim maintenance if she is unable to maintain
herself due to the neglect of her husband.
➢ Parents:
○ Father or mother, who are unable to maintain themselves.
○ The term "parents" includes biological as well as adoptive parents.
○ Parents can claim maintenance from both sons and daughters.

Admissions

➢ An admission is a statement, oral or written, which suggests any inference as to any

fact in issue or relevant fact, and which is made by any of the persons mentioned in
Sections 18 to 20.
➢ Who Can Make Admissions (Sections 18 to 20):

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○Parties to the proceeding: Statements made by parties to the proceeding or

by their agents authorized on that behalf.
○ Privies: Statements made by persons who are parties to suits or proceedings
and by persons who have any proprietary or pecuniary interest in the subject
matter.
○ Persons whose liability is necessary to prove: Statements made by persons
whose position or liability is in question.
○ Persons expressly referred to by party to suit: Statements made by persons
to whom a party refers for information.
➢ Relevance and Admissibility:
○ Admissions are relevant (Section 21) and may be proved against the person
who makes them or their representative.

Confessions

➔ A confession is an admission made at any time by a person charged with a crime,

stating or suggesting the inference that they committed the crime.
◆ A confession is not admissible if it appears to the court to have been caused
by any inducement, threat, or promise, having reference to the charge
against the accused person, and proceeding from a person in authority.
➔ Confessions to Police (Sections 25 and 26):
◆ Section 25: A confession made to a police officer is not admissible.
◆ Section 26: A confession made while in police custody is not admissible
unless made in the immediate presence of a Magistrate.

SUMMARY TRIALS

➢ Summary trials are typically reserved for less serious offenses (maximum
punishment is not exceeding two years)
○ These offences are usually categorised as minor or petty offenses.
➢ The procedure in a summary trial is less formal, fewer formalities.
➢ It is conducted by Judicial Magistrates or Executive Magistrates
➢ The rules of evidence are less strict in summary trials.
○ The essence of a fair trial is maintained despite the expedited process.
➢ The decision in a summary trial can generally be appealed to a higher court

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Compounding Offence:

● The complainant or the victim can agree to have the charges dropped against the
accused, usually in exchange for some form of compensation or settlement.
● Minor assaults, defamation, and certain property disputes can be compoundable in
some jurisdictions.

Non-Compounding Offence:

● Here the charges cannot be dropped or settled between the complainant and the
accused. These offences are considered more severe and against public interest,
meaning the state prosecutes the offender irrespective of the victim's wishes.
● Examples: Murder, rape, kidnapping, and serious financial crimes are typically
non-compounding offenses.

Key Differences:

❖ Severity: Compounding offences are generally considered less

severe compared to non-compounding offences.
❖ Public Interest: Non-compounding offences are viewed as
crimes against society as a whole, whereas compounding
offences are more about individual grievances.

Rights of the Accused

1. Right to a Fair Trial: Article 21

2. Right to Legal Representation: Article 22(1) Section 303 (CrPC)
3. Right to Free Legal Aid: Article 39A
4. Right to be Informed of the Charges: Section 50 of the CrPC
5. Right to a Speedy Trial: Article 21
○ Hussainara Khatoon v. State of Bihar.
6. Right to Remain Silent: Article 20(3).
7. Right to Cross-Examine Prosecution Witnesses: Section 137 (Indian Evidence Act)
8. Right to Produce Evidence and Witnesses: (Sections 243 and 247 of the CrPC.)
9. Right to Protection Against Double Jeopardy: Article 20(2)
10. Right to Appeal: Sections 372 to 394 of the CrPC.
11. Right to Humane Treatment: Article 21.

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Procedure for trial before sessions court

➢ Framing of Charges : The Sessions Court examines the charges based on the
evidence and documents submitted during the investigation.
➢ Prosecution Evidence
● Examination-in-Chief: The prosecution presents its case by examining
witnesses and presenting evidence to prove the charges against the accused.
● Cross-Examination: The defence lawyer cross-examines each prosecution
witness to test the credibility and reliability of their testimony.
● Re-Examination: The prosecution may re-examine its witnesses if needed to
clarify any points raised during cross-examination.

➢ Defence Evidence
○ Optional Examination-in-Chief: The defence has the option to present its
evidence and call witnesses to support the accused's defence.
○ Cross-Examination by Prosecution: The prosecution cross-examines defence
witnesses to challenge their testimony.
○ Re-Examination by Defense: The defence may re-examine its witnesses if
necessary.
➢ Arguments (Oral arguments to summarise their respective cases and interpretations
of the evidence)
➢ Judgement (judge pronounces the judgement, either convicting or acquitting the
accused
➢ Sentencing
○ If the accused is convicted, a sentencing hearing is conducted where the
prosecution and defence may present arguments regarding the appropriate
punishment.
○ The Sessions Court judge mitigating/aggravating factors presented during
the trial.

Arrest of Person
➢ Arrest by police :
○ Sec 41(1) police can arrest without order of magistrate -cognizable offence

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○ Reason for such arrest = prevent further offence, evidence of the offence
disappears.
● Kastur Lal vs State of UP : Arrest a person - possession of stolen
articles.
○ Notice for appearance : Police issue notices to appear before them. After
coming - police can either arrest them by recording reasons or leave them
○ Arrest of Judicial officers
● Delhi Judicial Service association vs St of Gujarat : 5 police
officers jailed for Handcuffing a CJM. No handcuffing(only if he
behaves violently)
○ Arrest Of Legislative members(RS,LS, LA) : Obtaining consent of the Speaker.

➢ Arrest by Private person

○ if they have witnessed the commission of a cognizable offence
○ if they have reasonable belief that the person has committed a non-bailable
and serious offence.
○ It should be conducted without excessive force and with the intention to
hand over the arrested person to the nearest police station or law
enforcement authority.
○ He must produce them before a police officer or magistrate without
unnecessary delay.
➢ Arrest by Magistrate
○ Issue Arrest Warrants
○ Contempt of court

Case Questions
1. A, B and C are charged by a Magistrate of first class and convicted by him for robbing D.
A, B and C were afterwards charged with and tried for offence of dacoity on the same facts.
They oppose subsequent trial. Will they succeed?

○ Section 300 : (Once convicted or acquitted of an offense shall not be tried

again for the same offense or any other offense based on the same facts)
i. Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao : prosecuted and
convicted for forgery. The Supreme Court held that the second
prosecution was barred by Section 300(1) of the CrPC.

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ii. R v. Carroll (2002) - Murder Case - Lack of evidence - Double

Jeopardy cant happen

2. A Chief Judicial Magistrate conducts summary trial in a prosecution of an offence under

section 379 IPC where the value of the property is estimated to be Rs. 1,000. Is the action of
the Magistrate legal?

➢ Theft under Section 379 IPC is punishable with imprisonment of up to three

years, or with a fine, or with both.
➢ Under Section 260(1), a Chief Judicial Magistrate has the authority to try
certain offences summarily(offences punishable with imprisonment for a
term not exceeding two years)
➢ The value of the property being Rs. 1,000 does not impact the eligibility for a
summary trial under Section 260 of the CrPC. The key consideration is the
maximum punishment prescribed for the offence.
➢ Hence it is not legal.

3. A, an accused, is charged with an offence of belonging to a gang of dacoits, operating in

Tamil Nadu. He is arrested in Kozhikode. Can he be tried for the offence in the Kozhikode
Court?

➢ Section 181 CrPC: local jurisdiction the person charged with the offence was
apprehended or is in custody.
➢ Yes, 'A' can be tried for the offense of belonging to a gang of dacoits in the
Kozhikode Court.

4. Mr. X committed an offence under Sec. 358 of IPC. The Judicial First Class Magistrate
imposed a fine of Rs. 100 as punishment. Can Mr. X prefer an appeal against this
punishment?

➢ Section 358 of the Indian Penal Code (IPC) deals with "Assault or criminal force to
deter public servant from discharge of his duty".

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➢ Any person who has been convicted by a Magistrate of the first class in a summary
trial (not exceeding three months or Rs. 1,000) has the right to appeal against the
conviction or sentence.
➢ The appeal must be filed within 30 days from the date of the judgment or order
appealed against.
➢ Once an appeal is filed, the higher court (Sessions Court or Chief Judicial
Magistrate’s Court) will review the case.

5. Mr. Ramanan, aged 60 years, intends to claim maintenance from his married daughter,
Sheela. Advise him.

➔ Maintenance and Welfare of Parents and Senior Citizens Act, 2007

◆ Even though Sheela is married, she retains the obligation to support her
parents if they are unable to maintain themselves.
➔ Gather necessary documents such as proof of his age, income status
➔ Negotiation or Mediation

6. Magistrate of first class issues a search warrant to trace a document in the custody of
the postal authority. Examine the validity of the warrant.

➢ Section 93 CrPc: Issue Warrant

➢ Section 27 Indian Post office Act : Postal articles may be opened under a warrant by
a Magistrate.

7. The State through a revision petition approaches the High Court for a re-trial in a case
where the accused was acquitted. Examine the grounds on which a retrial could be
ordered.

➢ Section 386(c) of CrPC : Can do Retrial only in rarest

○ Serious irregularities in the conduct of the trial
○ Serious offences where the public interest requires a fresh trial
○ Important evidence comes to light after the acquittal

8. X is tried summarily by a magistrate under Section 260 of the Criminal Procedure Code.
The magistrate passes imprisonment for a period of two years. X wants to question the
legality of the sentence. Advise X.

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➢ Section 260 allows for summary trials (not exceeding two years,
➢ Section 262 allows for Appeal in summary trials.

ADDITIONAL TOPICS THAT REQUIRE ATTENTION

PRIVATE COMPLAINT

COMPOUNDING OFFENCE

REVISION REFERENCE

COMPENSATION OF VICTIMS

DOUBLE JEOPARDY

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