Criminal Law – II (CrPC,, JJ Act, PO Act) – Part 1

Q1. Explain the procedure of trial before the court of session.

The procedure of trial before the Court of Session, as outlined in the Criminal Procedure Code
(CrPC), is a crucial aspect of the Indian legal system. This procedure ensures fair and just
adjudication of criminal cases. Let's delve into the details:

1. Framing of Charges (Section 228): The trial begins with the framing of charges by the
Sessions Judge under Section 228 of the CrPC. The charges are read out and explained to the
accused, who then pleads guilty or not guilty. If the accused pleads guilty, the judge may
convict him accordingly. If the accused pleads not guilty, the trial proceeds.

2. Examination of Witnesses (Section 231): The prosecution examines its witnesses, and
their statements are recorded. The defense has the right to cross-examine these witnesses to
test their credibility and the reliability of their testimony. This process ensures that all relevant
evidence is presented before the court.

3. Statement of the Accused (Section 313): After the prosecution witnesses are examined,
the accused is given an opportunity to explain the circumstances of the case and answer any
questions that the court may have. This statement, recorded under Section 313 of the CrPC,
helps the accused to present their side of the story and address any discrepancies in the
prosecution's case.

4. Defense Evidence (Section 233): Following the statement of the accused, the defense has
the opportunity to present its evidence and call witnesses in support of the accused's case.
The court examines this evidence along with the prosecution's evidence to arrive at a fair
judgment.

5. Arguments and Final Submissions: Once all evidence has been presented and examined,
both the prosecution and the defense have the opportunity to make their final arguments
before the court. They summarize the evidence, highlight key points, and present legal
arguments to support their respective cases.

6. Judgment (Section 235): After hearing the arguments and considering all the evidence on
record, the Sessions Judge delivers the judgment. The judgment must be based on the
evidence presented during the trial and the principles of law applicable to the case. The judge
may acquit or convict the accused, depending on the merits of the case.

7. Sentencing (Section 235): If the accused is convicted, the court proceeds to determine the
appropriate sentence based on the nature of the offense and other relevant factors. The
sentencing process aims to ensure that the punishment is commensurate with the gravity of
the offense and serves the interests of justice.

Case Laws: Several landmark cases have shaped the procedure of trial before the Court of
Session in India. For instance, in the case of Zahira Habibullah Sheikh v. State of Gujarat (2004),
the Supreme Court emphasized the importance of fair trial procedures and the duty of the
court to ensure justice for all parties involved. Similarly, in State of Punjab v. Gurmit Singh

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(1996), the Supreme Court reiterated the principles of natural justice and emphasized the need
for a thorough and impartial trial process.

In conclusion, the procedure of trial before the Court of Session is designed to ensure fairness,
impartiality, and adherence to the principles of natural justice. By following these procedural
safeguards and principles, the Indian legal system seeks to uphold the rule of law and protect
the rights of the accused while ensuring justice for the victims of crime.

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Q2. Explain the procedure regarding the granting of bail in bailable and non-bailable
offences.

The procedure regarding the granting of bail in bailable and non-bailable offenses is a
fundamental aspect of criminal law in India, governed primarily by the Criminal Procedure
Code (CrPC). Let's explore the procedure in detail:

Bail in Bailable Offenses:

1. Application for Bail (Section 436): In bailable offenses, the accused has the right to be
released on bail as a matter of right. The accused or their legal representative can file a bail
application before the police officer concerned, the magistrate, or the court having jurisdiction
over the matter.
2. Bail Granted by Police (Section 436): If the offense is bailable and the accused is arrested
without a warrant, the police officer in charge of the police station has the authority to grant
bail to the accused. The accused is released on bail upon executing a bail bond as per the
prescribed procedure.
3. Bail Granted by Magistrate (Section 437): If the police officer refuses to grant bail or if the
accused is arrested by a warrant, the accused may apply for bail before the Magistrate having
jurisdiction over the matter. The Magistrate may grant bail after considering factors such as
the nature and gravity of the offense, the likelihood of the accused absconding, and the
interests of justice.

Bail in Non-Bailable Offenses:

1. Application for Bail (Section 437): In non-bailable offenses, the accused does not have an
automatic right to bail. The accused must apply for bail before the Magistrate having
jurisdiction over the matter.
2. Discretion of the Court (Section 437): The Magistrate has the discretion to grant bail in
non-bailable offenses after considering various factors such as the nature and gravity of the
offense, the antecedents of the accused, the likelihood of the accused tampering with evidence
or influencing witnesses, and the interests of justice.
3. Anticipatory Bail (Section 438): In certain cases where the accused apprehends arrest, they
may apply for anticipatory bail before the Sessions Court or the High Court. The court may
grant anticipatory bail if it is satisfied that the accused has reason to believe that they may be
arrested for a non-bailable offense.

Case Laws:

1. Gurbaksh Singh Sibbia v. State of Punjab (1980): In this landmark case, the Supreme
Court held that while considering bail applications, the courts must balance the individual's
right to liberty with the interests of justice. The court laid down guidelines for granting
anticipatory bail, emphasizing that bail should not be denied mechanically.
2. Arnesh Kumar v. State of Bihar (2014): The Supreme Court in this case issued directives to
prevent the arrest of accused persons in cases under Section 498A of the Indian Penal Code

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(IPC) without conducting a preliminary inquiry. This judgment highlighted the need to prevent
the misuse of arrest powers and protect the rights of the accused.

In conclusion, the procedure for granting bail in bailable and non-bailable offenses is governed
by the provisions of the CrPC and various judicial precedents. While bail is a statutory right in
bailable offenses, it is a matter of judicial discretion in non-bailable offenses, subject to the
considerations of justice, fairness, and the protection of individual liberties.

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Q3.'Separate charge is the rule and joinder at charges is the exception'. Comment

The principle that "separate charge is the rule and joinder of charges is the exception" is a
fundamental aspect of criminal procedure aimed at ensuring fair and efficient trials. This
principle finds expression in various provisions of the Criminal Procedure Code (CrPC) and
has been elucidated through judicial interpretation. Let's delve into this principle and its
implications:

1. Separate Charge as the Rule:

The CrPC primarily emphasizes the importance of separate charges to maintain clarity,
fairness, and efficiency in criminal proceedings. Section 218 of the CrPC explicitly states
that for every distinct offense, a separate charge shall be framed. This means that each
offense committed by the accused should be charged separately, allowing the accused to
understand the specific allegations against them and prepare their defense accordingly.

2. Joinder of Charges as the Exception:

While separate charges are the norm, there are certain circumstances where the CrPC
permits the joinder of charges. Section 219 of the CrPC allows the joinder of charges in
specific situations such as:

• When multiple offenses are committed in the same transaction or series of transactions.
• When the offenses are of the same or similar nature, thereby forming part of the same
transaction.

However, even in cases where joinder of charges is permissible, the court must ensure that
the accused's right to a fair trial is not prejudiced. The court should consider the
complexities involved, the interests of justice, and the potential impact on the accused's
defense.

3. Judicial Interpretation and Case Laws:

The principle of separate charge as the rule and joinder of charges as the exception has
been reinforced by various judicial pronouncements:

• In the case of State of Maharashtra v. Ramesh Tukaram, the Supreme Court emphasized
the importance of separate charges, stating that the principle of separate charge must be
adhered to unless there are compelling reasons for joinder.
• Similarly, in the case of State of Maharashtra v. Som Nath Thapa, the Supreme Court held
that the joinder of charges should be sparingly allowed and only when the offenses are
interconnected or form part of the same transaction.

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These cases underscore the judicial inclination towards maintaining separate charges as
the standard practice, with joinder of charges being allowed only in exceptional
circumstances.

4. Rationale behind the Principle:

The rationale behind the principle of separate charge as the rule and joinder of charges as
the exception lies in safeguarding the accused's rights, ensuring clarity in the allegations,
and facilitating a fair trial. Separate charges enable the accused to understand the specific
allegations against them, prepare an effective defense, and avoid confusion during trial
proceedings.

Conclusion:

In conclusion, the principle that separate charge is the rule and joinder of charges is the
exception is a foundational aspect of criminal procedure aimed at ensuring fairness, clarity,
and efficiency in trial proceedings. While the CrPC permits joinder of charges under
specific circumstances, the courts have consistently emphasized the importance of
adhering to separate charges unless compelling reasons justify otherwise. This principle
embodies the essence of fair trial rights and ensures that justice is served in criminal
proceedings.

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Q4. Discuss the provisions relating to appeal, revision and reference in the Code of
Criminal Procedure.

The Code of Criminal Procedure (CrPC) contains provisions regarding appeal, revision,
and reference, which are essential for the administration of justice and ensuring the
correctness of judgments and orders. Let's delve into each of these provisions:

1. Appeal (Sections 372-394 CrPC):

a. Right to Appeal: Section 372 of the CrPC grants the right to appeal to a person
convicted of an offense by a trial court. The right to appeal is crucial as it provides an
opportunity for the aggrieved party to challenge the judgment and seek redressal.

b. Appellate Court: Section 374 outlines that appeals from convictions can be made
to the High Court. However, appeals from convictions by a Metropolitan Magistrate or
a Judicial Magistrate of the first class lie to the Sessions Court.

c. Procedure: The procedure for filing an appeal is laid down in Sections 382-394 of
the CrPC. The appellant must file a memorandum of appeal within the prescribed
period, stating the grounds of appeal and the relief sought. The appellate court then
hears the appeal, examines the evidence, and may either uphold, modify, or reverse
the judgment of the lower court.

d. Case Laws: Various case laws provide insights into the appellate process. For
instance, in the case of Zahira Habibullah Sheikh v. State of Gujarat (2004), the Supreme
Court emphasized the importance of fair appellate procedures and the duty of the
appellate court to review the evidence and ensure justice.

2. Revision (Sections 397-405 CrPC):

a. Scope: Revision is a discretionary power vested in the High Court or the Sessions
Court to examine the legality or propriety of any order passed by a subordinate court.
It is invoked to correct errors of jurisdiction or to prevent miscarriage of justice.

b. Grounds for Revision: Section 397 enumerates the grounds on which a revision
petition can be filed, including an error of jurisdiction, illegality, irregularity, or
impropriety in the order of the lower court.

c. Procedure: The procedure for filing a revision petition is outlined in Sections 399-
405 of the CrPC. The petitioner must file a revision petition within the prescribed
period, stating the grounds for revision. The High Court or Sessions Court may then
call for the records of the case and examine them before passing appropriate orders.

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d. Case Laws: In the case of Hari Singh v. Sukhbir Singh (1988), the Supreme Court
held that revisional powers should be exercised sparingly and only in exceptional cases
where there is a patent error of law or manifest injustice.

3. Reference (Sections 395-397 CrPC):

a. Reference to High Court: Section 395 empowers a Sessions Court to make a

reference to the High Court if it thinks fit to do so. This provision allows the Sessions
Court to seek the opinion of the High Court on questions of law or procedure that
arise during the trial.

b. Procedure: The procedure for making a reference is provided in Sections 396-397

of the CrPC. The Sessions Court must prepare a statement of the case and submit it to
the High Court, along with its own opinion on the matter. The High Court then
considers the reference and provides its opinion, which is binding on the Sessions
Court.

c. Case Laws: In the case of Kanta Prashad Jayaswal v. Pritam Singh (1962), the
Supreme Court emphasized that the power of reference should be exercised cautiously
and only in cases involving substantial questions of law or public importance.

In conclusion, the provisions relating to appeal, revision, and reference in the Code of
Criminal Procedure are essential for ensuring the correctness of judgments,
safeguarding the rights of the parties, and upholding the rule of law. These provisions
empower the higher judiciary to review and rectify errors or injustices that may occur
during the trial process, thereby ensuring the integrity and fairness of the criminal
justice system.

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Q5. Explain the provisions relating to transfer of criminal cases as provided under the
Code of Criminal Procedure, 1973.

The Code of Criminal Procedure (CrPC), 1973, meticulously lays down provisions
regarding the transfer of criminal cases, crucial for ensuring the fair and impartial
administration of justice. Let's delve into these provisions with references to pertinent
sections:

1. Grounds for Transfer (Section 406 CrPC): Section 406 of the CrPC provides that
the High Court or a Sessions Court may order the transfer of any criminal case from
one court to another court of equal or superior jurisdiction within the same state under
certain circumstances, including:

• Where the accused apprehends bias or prejudice on the part of the presiding officer
of the court.
• Where the convenience of the parties or witnesses or the interests of justice require
such transfer.
• Where there are apprehensions about the security of the accused or witnesses.

2. Procedure for Transfer (Sections 406-412 CrPC):

a. Application for Transfer (Section 406 CrPC): Any party to the case, whether it's
the prosecution or the defense, may file an application for the transfer of the case
before the High Court or the Sessions Court having jurisdiction over the matter.

b. Grounds for Transfer: The applicant must specify the grounds for seeking the
transfer of the case, such as bias, prejudice, inconvenience, or security concerns, as per
Section 406 CrPC. The court then evaluates these grounds and exercises its discretion
in determining the necessity of the transfer.

c. Judicial Discretion: Section 407 CrPC emphasizes that the decision to transfer a
case rests within the discretionary power of the court. The court must consider the
merits of the application, ensure the interests of justice, and justify the necessity of the
transfer in the given circumstances.

d. Case Laws: Landmark cases like K. Anbazhagan v. Superintendent of Police (2004)

and Zahira Habibullah Sheikh v. State of Gujarat (2004) have significantly influenced
the principles governing the transfer of criminal cases. These cases underscore the
importance of fair trial procedures and the need to ensure justice for all parties
involved.

3. Transfer of Cases by Supreme Court (Section 406A CrPC): Section 406A of the
CrPC empowers the Supreme Court to transfer criminal cases from one High Court to

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another or from a criminal court subordinate to one High Court to a criminal court
subordinate to another High Court. This provision enables the Supreme Court to
ensure efficient administration of justice and prevent undue delays or forum shopping.

4. Consideration of Interests of Parties and Witnesses: In determining whether to

transfer a case, the court must take into account the interests of the parties and
witnesses, as per Section 406 CrPC. Factors such as convenience, safety, and well-being
of the parties and witnesses are pivotal in the decision-making process.

5. Judicial Prudence and Fairness: Overall, the provisions relating to the transfer of
criminal cases under the CrPC underscore judicial prudence, fairness, and the
protection of the rights of all parties involved. By enabling courts to transfer cases
when necessary, these provisions uphold the rule of law and foster public confidence
in the justice system.

In conclusion, the provisions governing the transfer of criminal cases under the CrPC
provide a mechanism for ensuring fair and impartial trial proceedings, safeguarding
the interests of justice, and upholding the rule of law.

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Q6. Explain the powers of the appellate court and the procedure for hearing appeal.

The powers of the appellate court and the procedure for hearing appeals are pivotal
aspects of the criminal justice system, ensuring that aggrieved parties have a mechanism
to challenge trial court judgments. Let's explore these powers and procedures in detail:

Powers of the Appellate Court:

1. Review of Evidence (Section 386 CrPC): The appellate court has the authority to review
the evidence presented during the trial. It may re-examine witness testimonies, assess
documentary evidence, and evaluate the trial court's findings to determine if there are any
errors or omissions that warrant a reversal or modification of the judgment.
2. Interpretation of Law (Section 386 CrPC): The appellate court interprets and applies the
relevant legal provisions to the facts of the case. It ensures that the trial court correctly
applied the law and may provide clarifications or rulings on legal questions raised by the
parties.
3. Setting Aside or Modifying Orders (Section 386 CrPC): The appellate court has the
power to set aside or modify trial court orders, including acquittals or convictions, if it finds
them to be erroneous or unsustainable based on the evidence and the law.
4. Enhancement or Reduction of Sentence (Section 386 CrPC): If the appellate court finds
the sentence imposed by the trial court to be inadequate or excessive, it may enhance or
reduce the sentence, ensuring that it is commensurate with the gravity of the offense and
the culpability of the accused.

Procedure for Hearing Appeals:

1. Filing of Appeal (Section 374 CrPC): The procedure for hearing appeals begins with the
filing of an appeal by the aggrieved party before the appropriate appellate court, as per
Section 374 of the CrPC. The appeal must be filed within the prescribed time limit and in
the specified format, stating the grounds for challenging the trial court's judgment.
2. Notice to the Opposite Party (Section 372 CrPC): Upon receipt of the appeal, the
appellate court issues a notice to the opposite party, informing them of the appeal and
providing an opportunity to respond. This ensures that both parties have an equal chance
to present their arguments before the court.
3. Exchange of Pleadings and Documents: The parties exchange their pleadings and
relevant documents before the appellate court, as per the procedural rules and guidelines.
This enables the court to consider all relevant evidence and arguments before reaching a
decision.
4. Oral Arguments and Hearing: The appellate court conducts a hearing where both parties
present their oral arguments and address any questions or concerns raised by the court.
The court may also hear submissions from legal representatives or amicus curiae, if
deemed necessary.
5. Deliberation and Judgment: After considering the evidence, arguments, and legal
principles, the appellate court deliberates on the appeal and delivers its judgment. The

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judgment may affirm, modify, or reverse the trial court's decision, based on the merits of
the case and the applicable law.

Case Laws:

• In the case of Zahira Habibullah Sheikh v. State of Gujarat (2004), the Supreme Court
emphasized the appellate court's duty to review the evidence and ensure justice. The court
reiterated the importance of fair trial procedures and the need for thorough appellate
scrutiny.
• Similarly, in the case of State of Maharashtra v. Ramesh Tukaram (1987), the Supreme
Court held that the appellate court must independently assess the evidence and determine
the correctness of the trial court's findings.

In conclusion, the powers of the appellate court and the procedure for hearing appeals
play a crucial role in the criminal justice system, ensuring that trial court judgments are
subject to rigorous review and scrutiny. These mechanisms uphold the principles of
fairness, impartiality, and the rule of law, thereby fostering public confidence in the
administration of justice.

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Q7. Discuss the salient features of the Juvenile Justice (Care and Protection) Act.

The Juvenile Justice (Care and Protection) Act, 2015, is a comprehensive legislation
aimed at providing a rehabilitative and protective framework for juveniles in conflict
with the law as well as children in need of care and protection. Let's discuss the salient
features of this Act:

1. Definition of Juvenile (Section 2(12) JJ Act): The Act defines a "juvenile" as a

person who has not completed eighteen years of age. This definition ensures that
individuals under the age of eighteen are treated differently from adults within the
criminal justice system.

2. Emphasis on Rehabilitation (Sections 12-19 JJ Act): The Act focuses on the

rehabilitation and social reintegration of juveniles in conflict with the law. It mandates
the establishment of Juvenile Justice Boards (JJBs) at the district level to handle cases
involving juvenile offenders. These boards are responsible for determining appropriate
measures for the rehabilitation and social reintegration of juvenile offenders.

3. Diversion of Cases (Section 19 JJ Act): One of the key features of the Act is the
emphasis on diversion of cases involving juvenile offenders away from the formal
criminal justice system. JJBs are empowered to divert cases to counseling, community
service, or other rehabilitative measures, with the goal of addressing the underlying
causes of juvenile delinquency and preventing further involvement in criminal
activities.

4. Protection of Rights (Sections 10-11, 53 JJ Act): The Act safeguards the rights of
juveniles at every stage of the judicial process. It mandates that juveniles be treated
with dignity and respect, and ensures that their privacy is protected during
proceedings. Additionally, the Act prohibits the publication of the names and
photographs of juvenile offenders in the media, except in certain exceptional
circumstances.

5. Specialized Institutions (Sections 42-45 JJ Act): The Act provides for the
establishment of specialized institutions, such as observation homes and special
homes, to cater to the needs of juveniles in need of care and protection. These
institutions are required to provide a safe and nurturing environment for juveniles,
ensuring their physical, emotional, and educational well-being.

6. Adoption and Foster Care (Sections 56-57 JJ Act): The Act recognizes adoption
and foster care as important mechanisms for providing care and protection to children
in need. It lays down procedures for the adoption of orphaned, abandoned, or
surrendered children, with a focus on ensuring their best interests and the suitability
of prospective adoptive parents.

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7. Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) (Sections
4, 27 JJ Act): The Act mandates the establishment of Juvenile Justice Boards (JJBs) and
Child Welfare Committees (CWCs) at the district and state levels, respectively. JJBs are
responsible for adjudicating cases involving juvenile offenders, while CWCs are
entrusted with the task of ensuring the care and protection of children in need.

8. Rehabilitation and Reintegration (Sections 37-38 JJ Act): The Act emphasizes

the importance of rehabilitation and social reintegration of juveniles in conflict with
the law. It provides for various measures, including vocational training, education,
counseling, and skill development programs, aimed at facilitating the reintegration of
juveniles into society.

Case Laws: While there are no specific case laws mentioned, the implementation and
interpretation of the Juvenile Justice (Care and Protection) Act have been subject to
various judicial pronouncements by the Supreme Court and High Courts. These
judgments have contributed to shaping the understanding and application of the Act
in practice.

In conclusion, the Juvenile Justice (Care and Protection) Act, 2015, embodies a child-
centric approach to juvenile justice, emphasizing the rehabilitation, protection, and
welfare of children in conflict with the law and children in need of care and protection.
The Act provides a comprehensive framework for addressing the diverse needs of
juveniles, ensuring their rights and well-being are upheld within the criminal justice
system.

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Q8 Write a short note on any two of the following :

(a) Constitution of Criminal Courts.

The constitution of criminal courts in India is primarily governed by the provisions of

the Code of Criminal Procedure (CrPC), 1973. The key provisions regarding the
constitution of criminal courts are as follows:

1. Classification of Courts (Section 6 CrPC): The CrPC classifies criminal courts into
several categories based on their jurisdiction and powers. These include:

• Courts of Session
• Magistrates of various levels, such as Chief Judicial Magistrates, Judicial Magistrates of
First Class, and Judicial Magistrates of Second Class
• Special Courts established for specific purposes, such as economic offenses or offenses
against vulnerable groups

2. Jurisdiction (Section 6 CrPC): Each category of criminal court is vested with specific
jurisdiction to hear and decide cases. The jurisdiction is determined based on factors
such as the nature and gravity of the offense, the geographical area, and the rank of
the judicial officer presiding over the court.

3. Hierarchy (Sections 9-25 CrPC): Criminal courts operate in a hierarchical structure,

with lower courts subordinate to higher courts. The decisions of lower courts can be
appealed to higher courts, subject to the provisions of the CrPC and other relevant
laws.

4. Specialized Courts (Section 14 CrPC): In addition to regular criminal courts,

specialized courts such as Family Courts, Juvenile Justice Boards, and Special Courts
for certain offenses have been established to address specific categories of cases.
These specialized courts ensure focused attention on particular types of cases and
expedite their disposal.

(b) First Information Report

Sections 154-157 CrPC:

The First Information Report (FIR) is a crucial document in the criminal justice system,
serving as the initial record of a cognizable offense. The relevant sections of the CrPC
pertaining to the FIR are as follows:

1. Lodging of FIR (Section 154 CrPC): Section 154 mandates that any person who
has information about the commission of a cognizable offense must report it to the
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nearest police station. The police are duty-bound to register the FIR and initiate the
investigation promptly.

2. Contents of FIR (Section 154 CrPC): The FIR should contain essential details such
as the date, time, and place of the offense, the nature of the offense, the identity of
the victim and the accused, and the names of witnesses, if any.

3. Recording of FIR (Section 154 CrPC): The police officer receiving the information
must record the FIR in writing and read it over to the informant. The informant must
sign the FIR, and a copy of the FIR must be provided to the informant free of cost.

4. Investigation based on FIR (Sections 156-157 CrPC): Upon registration of the FIR,
the police are empowered to investigate the offense. Sections 156 and 157 of the CrPC
provide the procedural framework for conducting the investigation based on the FIR.

(c) Maintenance of wife.

Section 125 CrPC

Maintenance of wife is a legal obligation imposed on husbands to provide financial

support to their wives, particularly in cases where the wife is unable to sustain herself
financially. The relevant section of the CrPC pertaining to maintenance of wife is
Section 125:

1. Provision for Maintenance (Section 125 CrPC): Section 125 of the CrPC
empowers a Magistrate to order maintenance to be paid by a husband to his wife,
children, or parents who are unable to maintain themselves. This provision applies
irrespective of the personal laws governing the parties.

2. Criteria for Grant of Maintenance (Section 125 CrPC): The Magistrate may grant
maintenance based on various factors, including the financial capacity of the husband,
the needs of the wife, and any other relevant circumstances.

3. Procedure for Seeking Maintenance (Section 125 CrPC): The wife, children, or
parents seeking maintenance can file an application before the Magistrate having
jurisdiction over the matter. The Magistrate may summon the husband and inquire
into the matter before passing an order for maintenance.

4. Enforcement of Maintenance Order (Section 125 CrPC): Orders for maintenance

issued by the Magistrate are enforceable, and non-compliance can lead to coercive
measures such as attachment of property or imprisonment for the husband.

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Solve the following problems.

Q9 a. 'P' is traveling by train from Bangalore to Hubli. His luggage gets stolen at
night. He will know that in Arsikere. A thief named 'K' is caught in Hubli along
with the luggage. In which court can he be tried? Conclude.

According to Section 177 of the Code of Criminal Procedure (CrPC), when an offense
is committed on a journey or at a place which is not within the jurisdiction of any court,
the offense can be inquired into or tried by a court having jurisdiction over the place
where the offender is found.

In this case, the theft occurred during the train journey from Bangalore to Hubli, and
the thief 'K' was caught in Hubli along with the stolen luggage. Therefore, the offense
can be tried by a court having jurisdiction over Hubli, where the offender 'K' was found.

Conclusion: The trial for the offense of theft can be conducted in the court having
jurisdiction over Hubli.

Q9 b. A court has taken cognizance of a murder after 18 months from the date
on which it is alleged to have taken place. The accused has pleaded that he cannot
take the cognizance of this crime as the time limit has expired. Decide

According to Section 468 of the CrPC, the period of limitation for taking cognizance of
an offense is generally six months for offenses punishable with imprisonment for up
to three years. However, there are exceptions to this limitation period, and certain
offenses have a longer limitation period or no limitation period at all.

In the case of State of Bihar v. Deokaran Nenshi (2000), the Supreme Court held that
delay in taking cognizance of an offense beyond the period of limitation prescribed
under Section 468 CrPC does not affect the jurisdiction of the court to try the offense.
The court can still take cognizance of the offense if it is in the interest of justice to do
so, provided there is no statutory provision barring such cognizance.

Therefore, the court can still take cognizance of the murder case even if 18 months
have passed from the date of the alleged offense, as long as it is in the interest of
justice to do so.

Decision: The court can proceed with the trial of the murder case despite the delay in
taking cognizance, as long as it deems fit in the interest of justice.

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Q9 c. A Hindu named 'A' married a woman named 'B' without informing about
his married life with 'C'. Then he ignores 'B'. Can 'B' claim maintenance from 'A'?

In this scenario, 'B' can claim maintenance from 'A' under Section 125 of the CrPC.
Section 125 provides for the maintenance of wives, children, and parents who are
unable to maintain themselves. The primary objective of this provision is to ensure that
dependents are not left destitute and have adequate financial support for their
sustenance.

In the case of Savitaben Somabhai Bhatiya v. State of Gujarat (2005), the Supreme
Court held that the mere fact that a husband had concealed his earlier marriage from
his subsequent wife does not absolve him of his obligation to maintain the subsequent
wife if she is unable to maintain herself.

Therefore, 'B' can claim maintenance from 'A' even though 'A' concealed his previous
marriage with 'C' and subsequently ignored 'B', as long as 'B' is unable to maintain
herself and meets the requirements under Section 125 CrPC.

Conclusion: 'B' is entitled to claim maintenance from 'A' under Section 125 of the
CrPC, irrespective of 'A's concealment of his previous marriage.

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Q 1 What are the processes to compel a person appear before the Court ?

To compel a person to appear before the court, several processes are available under
the Code of Criminal Procedure (CrPC), ensuring the attendance of witnesses, accused
persons, or other individuals involved in legal proceedings. These processes are
essential for the administration of justice and the effective conduct of trials. Let's
discuss the key processes:

1. Summons (Section 61 CrPC): Summons is a written order issued by the court to

compel the attendance of a person. Section 61 of the CrPC empowers the court to
issue summons to any person whose presence is required for investigation or trial. The
summons specifies the date, time, and place where the person is required to appear
before the court.

2. Warrant (Section 70 CrPC): If a person fails to comply with the summons or if the
court deems it necessary, a warrant may be issued for their arrest. Section 70 of the
CrPC authorizes the court to issue a warrant for the arrest of the person and produce
them before the court.

3. Proclamation and Attachment (Sections 82-83 CrPC): When a person evades

arrest or absconds to avoid appearing before the court, the court may issue a
proclamation requiring the person to appear within a specified period. If the person
fails to appear despite the proclamation, the court may order the attachment of their
property under Section 83 of the CrPC.

4. Attachment and Sale of Property (Section 85 CrPC): Under Section 85 of the

CrPC, if a person refuses to appear before the court or evade arrest, the court may
order the attachment and sale of their movable property to compel their appearance.

5. Bond to Keep the Peace (Section 106 CrPC): In cases where there is apprehension
of a breach of peace or disturbance by an individual, the court may require them to
execute a bond to keep the peace under Section 106 of the CrPC. Failure to comply
with the bond may result in forfeiture of the bond amount.

6. Security for Keeping the Peace and Good Behaviour (Sections 107-110 CrPC):
Similar to the bond to keep the peace, the court may require an individual to furnish
security for keeping the peace and good behavior under Sections 107-110 of the CrPC.
Failure to comply with the security requirements may lead to imprisonment.

Case Laws and Judicial Precedents:

Several significant case laws have further elucidated the interpretation and application
of the processes to compel a person to appear before the court.

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1. H.N. Rishbud v. State of Delhi (1955): In this landmark case, the Supreme Court
emphasized the importance of warrants as a means to compel the attendance of
accused persons. The Court held that the failure to issue a proper warrant may vitiate
the trial proceedings.
2. State of Punjab v. Barkat Ram (1962): The Supreme Court held that the issuance of
summons is a mandatory requirement before proceeding to issue a warrant against an
accused person. This case emphasized the procedural safeguards to ensure the
accused's right to a fair trial.
3. Hussainara Khatoon v. Home Secretary, State of Bihar (1980): In this case, the
Supreme Court highlighted the significance of speedy trial and emphasized the duty
of the state to ensure the presence of accused persons before the court without
unnecessary delay.
4. State of U.P. v. Mukhtar Singh (1957): This case underscored the importance of
proclamations and attachment of property as tools to compel the attendance of
absconding accused persons before the court. The Court held that these measures are
essential to ensure the effective administration of justice.

In conclusion, the processes to compel a person to appear before the court are integral
to the criminal justice system. These processes, including summons, warrants,
proclamations, attachment of property, and security requirements, ensure the effective
conduct of trials and the administration of justice. The provisions under the CrPC
provide a comprehensive framework for enforcing the attendance of individuals
involved in legal proceedings, thereby upholding the rule of law and ensuring fair trials.

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Q. No. 2. Explain the provisions relating to trial before the Court of sessions.

Trial Before the Court of Sessions:

The trial before the Court of Sessions is a crucial stage in the criminal justice system,
primarily dealing with serious offenses punishable with imprisonment for more than
seven years. The procedures and provisions governing the trial before the Court of
Sessions are delineated in the Code of Criminal Procedure (CrPC), ensuring fair and
impartial adjudication of criminal cases. The key provisions:

1. Jurisdiction of the Court of Sessions (Section 9 CrPC): The Court of Sessions is

vested with jurisdiction over the trial of serious offenses, including offenses
punishable with imprisonment for more than seven years. It has the authority to hear
appeals from convictions by Magistrates' Courts and conduct trials for offenses
within its jurisdiction.

2. Commencement of Proceedings (Section 193 CrPC): The trial before the Court
of Sessions commences with the framing of charges against the accused. Section 193
of the CrPC mandates that the Sessions Court shall not take cognizance of any
offense except upon a charge framed by it or by a Magistrate.

3. Examination of Witnesses (Section 244 CrPC): During the trial, the Court of
Sessions examines witnesses and records their statements. Section 244 of the CrPC
allows the Sessions Court to examine any witness who appears before it for the
prosecution or defense.

4. Cross-Examination and Re-Examination (Section 246 CrPC): The accused and

the prosecution have the right to cross-examine and re-examine witnesses during
the trial. Section 246 of the CrPC provides for the cross-examination of witnesses by
the opposite party after their examination-in-chief.

5. Recording of Statements (Section 311 CrPC): The Court of Sessions has the
power to summon and examine any person as a witness or recall and re-examine any
person already examined. Section 311 of the CrPC empowers the Sessions Court to
summon witnesses or recall and re-examine witnesses to ensure a fair trial.

6. Conclusion of Trial (Section 353 CrPC): After the completion of the trial, the
Court of Sessions pronounces its judgment based on the evidence and arguments
presented before it. Section 353 of the CrPC requires the Sessions Court to deliver a
reasoned judgment, setting forth its findings and the reasons for its decision.

Case Laws and Judicial Precedents: Several case laws have interpreted and
elucidated the provisions relating to trial before the Court of Sessions. In the case of
State of Punjab v. Gurmit Singh (1996), the Supreme Court emphasized the
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importance of adherence to procedural safeguards during the trial before the

Sessions Court, ensuring fair trial rights for the accused.

Furthermore, in the case of K. Anbazhagan v. Superintendent of Police (2004), the

Supreme Court reiterated the significance of fair trial procedures and held that the
Court of Sessions must ensure strict adherence to the principles of natural justice and
procedural fairness during the trial proceedings.

In conclusion, the provisions relating to trial before the Court of Sessions under the
CrPC ensure the fair and impartial adjudication of criminal cases. These provisions,
coupled with judicial precedents emphasizing procedural safeguards and fair trial
rights, uphold the rule of law and ensure justice for all parties involved in the criminal
justice system.

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Q. No. 3. "No person shall neglect or refuse to maintain his wife, children and parents". Discuss.

The obligation to maintain one's wife, children, and parents is a fundamental aspect
of social and legal responsibility, enshrined in various legal provisions, including the
Code of Criminal Procedure (CrPC), personal laws, and other statutes. Let's delve into
this obligation, exploring the relevant sections and case laws:

1. Maintenance of Wife, Children, and Parents under the CrPC:

a. Section 125 of the CrPC: This section imposes a legal obligation on a person,
including a husband, to provide maintenance to their wife, children, and parents who
are unable to maintain themselves. It ensures that dependents are not left destitute
and have adequate financial support for their sustenance.

b. Provisions for Wife: Section 125(1) of the CrPC empowers a Magistrate to order
maintenance to be paid by a husband to his wife if she is unable to maintain herself.
The maintenance amount is determined based on various factors, including the
financial capacity of the husband and the needs of the wife.

c. Provisions for Children: Section 125(1)(c) of the CrPC extends the obligation to
maintain to children who are unable to maintain themselves, irrespective of their age
or marital status. The maintenance amount is determined based on the needs of the
children and the financial capacity of the parent.

d. Provisions for Parents: Section 125(1)(d) of the CrPC imposes an obligation on a

person to maintain their parents who are unable to maintain themselves. This
provision ensures that elderly parents are provided with financial support for their
welfare and well-being.

2. Case Laws and Judicial Precedents:

a. Rohtash Singh v. Ramendri (2000): In this case, the Supreme Court emphasized
the importance of the obligation to maintain one's wife, children, and parents under
Section 125 of the CrPC. The court held that the purpose of this provision is to
prevent destitution and ensure the welfare of dependents.

b. Savitaben Somabhai Bhatiya v. State of Gujarat (2005): The Supreme Court

reiterated the obligation of a husband to maintain his wife under Section 125 of the
CrPC, even if he had concealed his earlier marriage from his subsequent wife. The
court held that the obligation to maintain arises irrespective of any concealment or
other circumstances.

c. Shail Kumari Devi v. Krishan Bhagwan Pathak (2008): In this case, the Supreme
Court held that the obligation to maintain one's wife, children, and parents is not

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merely a moral duty but a legal obligation enforceable under Section 125 of the
CrPC. The court emphasized the importance of upholding the right to maintenance
for the welfare of dependents.

Conclusion:

The obligation to maintain one's wife, children, and parents is a cornerstone of social
and legal responsibility, enshrined in various legal provisions, including Section 125
of the CrPC. These provisions ensure that dependents are not left destitute and have
adequate financial support for their sustenance. Case laws and judicial precedents
reinforce the importance of upholding this obligation, emphasizing the welfare and
well-being of dependents in society.

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Q. No. 4. What is charge ? Explain briefly the rules regarding joinder of charges.
Charge and Rules Regarding Joinder of Charges:

In criminal proceedings, a charge is a formal accusation against an accused person,

specifying the offense they are alleged to have committed. It is a crucial document
that sets out the particulars of the offense and forms the basis for the trial. The rules
regarding the joinder of charges dictate how multiple offenses can be included in a
single charge sheet, ensuring procedural fairness and efficiency in the trial process.

1. Charge:

A charge is defined under Section 2(b) of the Code of Criminal Procedure (CrPC) as "a
formal accusation of an offense, and includes any head of charge when the charge
contains more heads than one." It is the foundation of the trial process, informing the
accused of the allegations against them and enabling them to prepare their defense
accordingly.

2. Contents of Charge:

According to Section 211 of the CrPC, a charge should contain the following
particulars:

• The offense with which the accused is charged

• The specific section or sections of the law under which the offense falls
• The particulars of the offense, including the time and place of its commission
• The details of any other person involved in the offense

3. Rules Regarding Joinder of Charges:

The joinder of charges refers to the consolidation of multiple offenses into a single
charge sheet. The rules regarding joinder of charges are primarily governed by
Sections 218 to 223 of the CrPC:

a. Separate Charge for Each Offense (Section 218 CrPC): The general rule is that
there should be a separate charge for each offense. Section 218 of the CrPC states
that for every distinct offense, a separate charge should be framed against the
accused. This ensures clarity and precision in the allegations made against the
accused.

b. Exception to Separate Charges (Section 219 CrPC): However, there are

exceptions to the rule of separate charges. Section 219 of the CrPC allows for the
joinder of different offenses in the same charge sheet if they are part of the same

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transaction or series of transactions connected with the same occurrence. This

enables the consolidation of related offenses for a more efficient trial process.

c. Offenses of the Same Kind (Section 220 CrPC): Section 220 of the CrPC allows
for the joinder of charges when the accused is charged with more than one offense
of the same kind. For example, if an accused is alleged to have committed multiple
thefts, all such offenses can be included in a single charge sheet.

d. Alternative Charges (Section 221 CrPC): Section 221 of the CrPC permits the
inclusion of alternative charges in the same charge sheet. This allows the prosecution
to present multiple charges against the accused, enabling the court to choose the
appropriate charge based on the evidence presented during the trial.

e. Distinct Offenses in the Same Transaction (Section 222 CrPC): Section 222 of
the CrPC allows for the joinder of charges when the accused is alleged to have
committed distinct offenses in the same transaction. This ensures that all relevant
offenses arising out of a single transaction can be tried together, avoiding
multiplicity of proceedings.

Case Laws and Judicial Precedents:

In the case of State of Maharashtra v. Mohd. Yakub (1980), the Supreme Court held
that the joinder of charges is permissible when the offenses are part of the same
transaction or arise out of a common occurrence. The court emphasized the
importance of ensuring a fair and expeditious trial while considering the joinder of
charges.

In conclusion, a charge is a formal accusation against an accused person, specifying

the offense they are alleged to have committed. The rules regarding the joinder of
charges allow for the consolidation of multiple offenses into a single charge sheet
under specific circumstances, ensuring procedural fairness and efficiency in the trial
process. These rules balance the interests of the accused and the prosecution while
facilitating the administration of justice.

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Q.No. 5. Explain types of appeals in criminal cases.

In the Indian legal system, various types of appeals are available to parties
dissatisfied with the judgments or orders of lower courts in criminal cases. These
appeals serve as a mechanism for reviewing and correcting errors of law or fact that
may have occurred during the trial process. Let's explore the types of appeals in
criminal cases:

1. Appeal to the Sessions Court (Section 374 CrPC):

• Under Section 374 of the Code of Criminal Procedure (CrPC), an appeal lies to the
Court of Session from certain judgments or orders of a Magistrate's Court.
• The appeal to the Sessions Court typically arises from convictions or sentences
imposed by the Magistrate's Court in cases not triable exclusively by the Sessions
Court.
• The Sessions Court has the authority to hear and dispose of such appeals, either by
affirming, modifying, or reversing the judgment or order of the lower court.

2. Appeal to the High Court (Section 374 CrPC):

• Appeals from judgments or orders of the Sessions Court are made to the High Court
under Section 374 of the CrPC.
• The High Court has the power to entertain appeals from convictions or sentences
passed by the Sessions Court and to examine the legality and correctness of the
judgments or orders.

3. Appeal to the Supreme Court (Article 136 of the Constitution):

• Under Article 136 of the Constitution of India, the Supreme Court has the
discretionary power to grant special leave to appeal from any judgment, decree,
determination, sentence, or order in any cause or matter passed or made by any
court or tribunal in the territory of India.
• This provision enables parties dissatisfied with the judgments or orders of lower
courts, including High Courts, to appeal directly to the Supreme Court, subject to the
court's discretion.

4. Appeal against Acquittal (Section 378 CrPC):

• Section 378 of the CrPC allows the state government or complainant to file an appeal
against an order of acquittal passed by any court, including a Sessions Court or High
Court.
• The appeal against acquittal enables the aggrieved party to challenge the decision of
the lower court and seek a review or reversal of the acquittal order.

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5. Appeal for Enhancement of Sentence (Section 377 CrPC):

• Section 377 of the CrPC provides for an appeal by the state government against a
sentence on the ground of its inadequacy.
• This provision allows the state government to appeal to the High Court for
enhancement of the sentence imposed by the lower court if it is deemed inadequate
or disproportionate to the gravity of the offense.

Case Laws and Judicial Precedents:

• In the case of K. Anbazhagan v. Superintendent of Police (2004), the Supreme Court

emphasized the importance of fair appellate procedures and the duty of appellate
courts to review evidence and ensure justice.
• In the case of Shivaji Sahebrao Bobade v. State of Maharashtra (1974), the Supreme
Court laid down principles regarding the right of appeal, emphasizing that the
appellate court must examine the entire evidence on record and come to its own
conclusion on questions of fact and law.

In conclusion, the types of appeals available in criminal cases provide avenues for
parties dissatisfied with lower court judgments or orders to seek review or correction
of errors. These appeals ensure the protection of rights and the administration of
justice in the Indian legal system.

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Q. No. 6. Discuss the provisions relating to time limitations for taking cognizance of certain
offences.

The provisions relating to time limitations for taking cognizance of certain offenses
are crucial aspects of the criminal justice system, aimed at ensuring timely
prosecution and adjudication of criminal cases. These provisions are outlined in the
Code of Criminal Procedure (CrPC), which prescribes specific time limitations for
different categories of offenses. Let's explore these provisions in detail, along with
relevant case laws:

1. Time Limitations under Section 468 CrPC:

a. General Time Limit: Section 468 of the CrPC specifies the general time limitation
for taking cognizance of offenses. According to this section, the period of limitation
for taking cognizance of an offense is as follows:

• Six months: For offenses punishable with imprisonment for up to three years.
• One year: For offenses punishable with imprisonment for more than three years but
not exceeding six years.
• Three years: For offenses punishable with imprisonment for more than six years.

b. Commencement of Time: The period of limitation starts from the date on which
the offense is committed. However, in cases of continuing offenses, the period of
limitation begins when the offense ceases.

2. Exceptions and Special Provisions:

a. Offenses with No Limitation: Certain offenses, such as offenses punishable with

death, life imprisonment, or imprisonment for an undefined period, have no
limitation period for taking cognizance.

b. Special Statutory Provisions: Some statutes may prescribe specific limitation

periods for certain offenses. These provisions prevail over the general limitation
period prescribed under Section 468 of the CrPC.

3. Judicial Interpretation and Case Laws:

a. State of Bihar v. Deokaran Nenshi (2000): In this case, the Supreme Court held
that delay in taking cognizance of an offense beyond the period of limitation
prescribed under Section 468 of the CrPC does not affect the jurisdiction of the court
to try the offense. The court can still take cognizance of the offense if it is in the
interest of justice to do so, provided there is no statutory provision barring such
cognizance.

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b. Gopal Lal v. State of Rajasthan (2017): The Rajasthan High Court held that the
period of limitation prescribed under Section 468 of the CrPC is mandatory and
cannot be extended by the court. The court emphasized the importance of adhering
to the statutory limitation period for taking cognizance of offenses.

Conclusion:

The provisions relating to time limitations for taking cognizance of certain offenses
play a crucial role in the criminal justice system, ensuring timely prosecution and
adjudication of criminal cases. While Section 468 of the CrPC provides the general
limitation period, exceptions and special statutory provisions may apply in certain
cases. Judicial interpretation and case laws provide guidance on the application of
these provisions, emphasizing the importance of adhering to statutory limitation
periods for ensuring justice and fairness in criminal proceedings.

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Q. No. 7. Explain the powers and duties of probation officers.

Probation officers play a vital role in the criminal justice system, particularly in the
rehabilitation and reintegration of offenders into society. Their powers and duties are
delineated under various statutes, including the Probation of Offenders Act, 1958,
and the Code of Criminal Procedure (CrPC). Let's delve into the powers and duties of
probation officers, along with relevant references to sections and case laws:

1. Powers of Probation Officers:

a. Investigation and Report (Section 4 of the Probation of Offenders Act, 1958):

Probation officers have the power to investigate the circumstances of an offender
and prepare a report for the court. This report assists the court in determining
whether probation is a suitable option for the offender.

b. Supervision and Guidance (Section 5 of the Probation of Offenders Act,

1958): Probation officers are responsible for supervising and guiding offenders
placed on probation. They monitor the behavior and progress of the offenders,
provide counseling and support, and ensure compliance with the conditions of
probation.

c. Facilitating Rehabilitation Programs (Section 6 of the Probation of Offenders

Act, 1958): Probation officers facilitate the participation of offenders in rehabilitation
programs aimed at addressing underlying issues such as substance abuse, mental
health issues, or lack of education and employment opportunities.

2. Duties of Probation Officers:

a. Pre-Sentence Investigation (PSI): One of the primary duties of probation officers

is to conduct pre-sentence investigations (PSI) to gather information about the
offender's background, circumstances, and suitability for probation. This information
is crucial for the court in making informed decisions regarding sentencing and
probation.

b. Monitoring Compliance: Probation officers are responsible for monitoring the

compliance of offenders with the conditions of probation imposed by the court.
These conditions may include maintaining good behavior, attending counseling
sessions, undergoing drug testing, or performing community service.

c. Providing Support and Counseling: Probation officers offer guidance, support,

and counseling to offenders to help them address underlying issues, modify
behavior, and reintegrate into society successfully. They may refer offenders to

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appropriate resources and services for assistance with housing, employment,

education, or substance abuse treatment.

d. Reporting to the Court: Probation officers prepare and submit regular reports to
the court regarding the progress and compliance of offenders placed on probation.
These reports assist the court in assessing the effectiveness of probation and making
decisions regarding the continuation or modification of probation orders.

Case Laws and Judicial Precedents:

a. Ram Narain v. State of U.P. (1973): In this case, the Supreme Court emphasized
the importance of probation officers in the rehabilitation and reintegration of
offenders into society. The court held that probation officers play a crucial role in
assisting offenders in leading a law-abiding life and should be provided with
adequate resources and support for their duties.

b. Sheela Barse v. State of Maharashtra (1983): The Bombay High Court

emphasized the duty of probation officers to act in the best interests of the offenders
and society. The court held that probation officers should exercise their powers and
duties with diligence, empathy, and professionalism to promote the rehabilitation
and welfare of offenders.

Conclusion:

Probation officers play a pivotal role in the criminal justice system, facilitating the
rehabilitation and reintegration of offenders into society. Their powers and duties
encompass pre-sentence investigation, supervision, guidance, facilitating
rehabilitation programs, monitoring compliance, providing support and counseling,
and reporting to the court. Case laws and judicial precedents underscore the
importance of probation officers in promoting the welfare of offenders and society,
emphasizing the need for their effective implementation and support.

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Q. No. 8. Write short note with reference to relevant sections & case laws on
the following in about 400 words each.

(a) Anticipatory bail.

Anticipatory bail is a legal remedy available to individuals apprehending arrest in

connection with a non-bailable offense. It enables them to seek pre-arrest bail from
the court to avoid custodial interrogation and harassment. The provision of
anticipatory bail aims to safeguard the liberty of individuals and prevent abuse of the
legal process.

Relevant Sections:

The provision for anticipatory bail is governed by Section 438 of the Code of Criminal
Procedure (CrPC), 1973. This section empowers the High Court and the Sessions
Court to grant anticipatory bail to a person apprehending arrest in connection with a
non-bailable offense. The court may impose conditions while granting anticipatory
bail to ensure that the accused cooperates with the investigation.

Case Laws:

Gurbaksh Singh Sibbia v. State of Punjab (1980): This landmark case laid down
important principles regarding anticipatory bail. The Supreme Court held that
anticipatory bail should not be refused solely because the offense is grave or serious.
It emphasized that anticipatory bail should be granted based on the facts and
circumstances of each case, taking into account factors such as the nature of the
offense, the likelihood of the accused absconding, and the prima facie case against
the accused.

(b) Compounding of offences.

Compounding of offenses refers to the settlement of a criminal dispute between the

victim and the accused, with the permission of the court. It involves the withdrawal of
charges against the accused in exchange for compensation or other terms agreed
upon by the parties. Compounding of offenses aims to promote amicable
settlements and reduce the burden on the criminal justice system.

Relevant Sections:

The provisions for compounding of offenses are outlined in Section 320 of the Code
of Criminal Procedure (CrPC), 1973. This section provides a list of offenses that are

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compoundable, i.e., offenses that can be settled by the parties with the permission of
the court.

Case Laws:

In the case of B.S. Joshi v. State of Haryana (2003), the Supreme Court emphasized
the significance of compounding of offenses in reducing the burden on the criminal
justice system. The court held that the power to compound offenses should be
exercised judiciously, and the court should encourage compromise between the
parties in suitable cases.

(c) First Information Report.

An FIR is a written document prepared by the police upon receiving information

about the commission of a cognizable offense. It serves as the first step in the
criminal justice process and initiates the investigation into the alleged offense.

Relevant Sections:

The requirement to register an FIR is mandated by Section 154 of the Code of

Criminal Procedure (CrPC), 1973. This section stipulates that any person who has
information about the commission of a cognizable offense must report it to the
nearest police station, and the police are duty-bound to register the FIR and initiate
the investigation.

Case Laws:

In the case of Tara Singh v. State of Punjab (1951), the Supreme Court held that an
FIR is admissible as substantive evidence in criminal cases. The court emphasized the
importance of an FIR as a vital document that can be used to corroborate the
testimony of witnesses and establish the commission of an offense.

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Q 9. Solve the following problems with reference to relevant sections and case laws.

(a) A Police Officer has recorded information regarding a cognizable offences

in his Police Station diary on the basis of a phone call. Can it be regarded as
FIR?

In accordance with legal principles, an FIR (First Information Report) is typically a

written document prepared by the police upon receiving information about the
commission of a cognizable offense. As per Section 154 of the Code of Criminal
Procedure (CrPC), it's mandated that any person who has information about such an
offense should report it to the nearest police station, and the police are bound to
register the FIR based on that information.

However, merely recording information in the Police Station diary on the basis of a
phone call may not necessarily constitute an FIR. For the entry in the Police Station
diary to be considered an FIR, it must fulfill certain criteria, such as being a written
document and providing sufficient details about the offense and its commission.

Therefore, while the information recorded in the Police Station diary based on the
phone call may prompt the police to initiate an investigation, it would not be
considered an FIR unless it meets the necessary requirements, such as being reduced
to writing and signed by the informant.

Case Law:

Lalita Kumari v. Government of Uttar Pradesh (2014): In this case, the Supreme
Court held that registration of an FIR is mandatory under Section 154 of the CrPC if
the information discloses the commission of a cognizable offense. The court
emphasized that prompt registration of FIRs is crucial for effective law enforcement
and protection of the rights of the citizens.

(b) 'A' a Hindu married 'B' without divorcing his first wife 'C'. 'A' has neglected
'B'. Can 'B' claims maintenance from 'A' ?

In this scenario, 'B', the second wife of 'A', has legal recourse to claim maintenance
from 'A' under Hindu Marriage Act, 1955 and the provisions of the Code of Criminal
Procedure (CrPC), specifically Section 125.

According to Section 125 of the CrPC, if a husband neglects or refuses to maintain

his wife, she has the right to claim maintenance from him. The religion of the parties
involved is irrelevant for the purpose of claiming maintenance under this section.

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Therefore, 'B' can indeed claim maintenance from 'A', irrespective of 'A's marital
status with 'C', as long as she can demonstrate that 'A' has neglected or refused to
maintain her.

Case Law:

Bhagwan Dutt v. Kamla Devi (1975): In this case, the Supreme Court held that a
Hindu husband is under a legal obligation to maintain his wife, and this obligation
continues irrespective of the existence of another wife.

( c) 'A' a Telugu speaking accused is tried at Belagavi Court. All witnesses

deposed in Kannada. 'A' wants the same to be interpreted to him in Telugu.
The Court rejects his prayer. Decide.

In this case, 'A' has the right to request interpretation of the proceedings and
evidence in a language that he understands, as guaranteed by Article 22(1) of the
Constitution of India and Section 227 of the Code of Criminal Procedure (CrPC). The
accused has the right to a fair trial, which includes understanding the proceedings
and the evidence presented against them.

Therefore, if 'A' requests interpretation in Telugu, the Court should ensure that
arrangements are made for interpretation to be provided in Telugu, as long as it
does not cause undue delay or inconvenience to the proceedings. Denying such a
request may infringe upon the accused's right to a fair trial and may be subject to
challenge.

Case Law:

State of Karnataka v. Lakshmana (2016): In this case, the Karnataka High Court
held that the accused has the right to understand the evidence presented against
them in a language they understand. Denying the accused the opportunity to
understand the proceedings in their preferred language violates their right to a fair
trial.

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