JCJ Code of Criminal Procedure, 1973

for  Inspiration  Education  Transformation

“ CODE of

RIMINAL
ROCEDURE
1973 ”
Flat No. 154, SBI Colony, Near : GANDHINAGAR Post Office,

New Bakaram, HYDERABAD - 500 080.

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 for  Inspiration  Education  Transformation

JCJ

“ CODE of CRIMINAL PROCEDURE, 1973 ”

C OVER AGE

A
“ INTRODUCTION ” 4


B “ DEFINITIONS ” 4


C “ HIERARCHY OF CRIMINAL COURTS

(SEC. 6-19 & 26-30) ” 12


D
“ PROCESS TO COMPEL THE APPEARANCE OF THE

ACCUSED BEFORE THE COURT ” 18


E
“ PROCESS UNDER CR.P.C. FOR THE PRODUCTION

OF DOCUMENTS (OR) THINGS BEFORE THE COURT ” 26


F “ ARREST, ARREST WITHOUT WARRANT & THE

RIGHTS OF THE ARRESTED PERSON ” 31


G
“ BAIL ” 37


H “ INVESTIGATION BY POLICE (SEC. 154 TO 176) ” 43


I “ COGNIZANCE ” 57


J
“ CHARGE (SEC. 211 TO 224) ” 59


K “ PRINCIPLES OF FAIR TRIAL ” 63
JCJ Code of Criminal Procedure, 1973


L “ JUDGMENT ” 69


M “ APPEALS ” 71


N “ MAINTENANCE OF WIFE, CHILDREN & PARENTS

(SEC. 125 TO 128) ” 74


O “ PLEA BARGAINING (SEC. 265-A TO 265L) ” 77


P
“ OTHER IMPORTANT TOPICS ” 79


Q
“ ESSENTIAL OF JUDGMENT IN CRIMINAL LAW ” 83

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 JCJ Code of Criminal Procedure, 1973

A. “ INTRODUCTION ”
Section 1 Short title, extent and commencement :-
1. This Act is called as code of criminal procedure, 1973.
2. Cr.P.C 1973 is the procedural law for the offences of the IPC and also for the offences under other
laws, unless there is a special procedure provided under a particular section of that other law.
3. Cr.P.C has come into operation on 1st April 1974.
4. Cr.P.C is applicable to the whole of India.
5. Cr.P.C is not applicable to the state of Nagaland and to the tribal areas in India.
6. In the State of Nagaland and other tribal areas of India Chapters VIII, X & XI are applicable. Security
for keeping the peace and for good behavior (Chap VIII); Maintenance of Public order and Tranquility
(Chap X); Preventive action of police (Chap XI)
7. But if a particular state government wants to implement Cr.P.C of 1973 to the tribal areas of that
state, it can do so by issuing a notification with necessary changes.
***

B. “ DEFINITIONS ”
1. Bailable offence -
1. As per Sec. 2(a) bailable offence means an offence which is shown as bailable in the first
schedule or which is made bailable by any other law for the time being in the force; and
2. Non bailable offence means any other offence.
3. So far as IPC offences are concerned bailable offence is one which is shown as bailable in the first
schedule of Cr.P.C.
4. When it comes to other criminal minor laws bailable offence is one which has been made bailable
by that law for the time being in force.
5. Bailable offence is one where accused person can claim bail as a matter of right.
6. Bailable offences are generally Non-cognizable in nature.
7. As bailable offences are generally non cognizable in nature, police officer doesn’t have the power
to record FIR, doesn’t have the power to conduct investigation on his own unless directed by a
magistrate, doesn’t have the power to arrest the accused without warrant and he doesn’t have the
power to search a place without warrant.
8. Bailable offences are generally summons in nature, so court conducts either a summons trial or a
summary trial in this cases.
9. As the court conducts generally summons ( or ) summary trial in case of bailable offences, it
doesn’t frame the written charge instead the acquisition will be explained to the accused orally by
the court.
10. Bailable offences are generally compoundable in nature so the parties can arrive at a compromise.

Non-Bailable offences
1. As per Sec. 2(a) all offences other than bailable offences are known as non bailable offence.
2. So far as IPC offences are concerned non bailable offence is one which is shown as Non-
bailable in the first schedule of Cr.P.C.

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 JCJ Code of Criminal Procedure, 1973
3. When it comes to other criminal minor laws Non-bailable offence is one which has been made Non-
bailable by that law for the time being in force.
4. In case of Non-bailable offences accused person cannot claim bail as a matter of right. Court has
got the discretion to grant or not to grant bail.
5. Non-Bailable offence doesn’t mean that the court doesn’t grant bail. Court will grant the bail at the
appropriate time using its discretion.
6. Non-Bailable offences are generally cognizable in nature. So they are popularly known as police
cases.
7. As Non-Bailable offences are generally cognizable in nature police officer can record FIR, conduct
the investigation on his own, arrest the accused without warrant and search a place without warrant.
8. Generally Non-Bailable offences are warrant cases in nature. So court conducts a sessions trial or
a warrant trial by a magistrate on a police report or a warrant trail by a magistrate on a private
complaint.
9. As warrant trials are conducted in Non-bailable offences, court frames an elaborate written
charge and explains the same to the accused person.
10. Generally Non-bailable offences are non-compoundable in nature. So parties will not be allowed
to arrive at a compromise.
***
2. Charge
1. As per Sec. 2(b) charge includes any head of charge when the charge contains more heads than
one.
2. Charge is an accusation or notice prepared by the court against the accused person.
3. Charge is prepared by the court on the basis of prima facie evidence produced by the public
prosecutor.
4. Sec.161 Cr.P.C statements recorded by the Investigating officer from the witnesses during the time
of investigation are useful for the court to frame the charge.
5. Charge is the foundation of criminal trial.
6. As per Section 5 of Indian Evidence Act, parties to the criminal trial are required to produce
evidence to prove or disprove the charge and on nothing else.
7. Charge framed by the court has to be proved by the public prosecutor.
8. If public prosecutor proves the charge successfully, it leads to the conviction of the accused
person.
9. Charge framed by the court has to be disproved by the defence lawyer.
10. If the defence lawyer succeeds in disproving the charge, it leads to the acquittal of the accused
person.
11. Sometimes charge is neither proved by public prosecutor not disproved by defence, then
charge is considered “not proved”
12. Charge not proved amounts to releasing the accused person on the basis of benefit of doubt.
13. In warrant cases charge is framed elaborately in the written form by the court.
14. In summons cases the charge is explained to the accused orally by the court, No question of
framing written charge.

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 JCJ Code of Criminal Procedure, 1973

15. Charge framed by the court can be altered by the court at any time before the judgment is
delivered.
16. Charge in civil law is known as issues.
17. The charge under criminal law is nothing but facts in issue as defined under Indian Evidence Act,
1872.
***
3. Cognizable offence -
1. As per Sec.2(c) cognizable offence means the offence for which cognizable case means a case in
which, the police officer may, in accordance with the first schedule or under any other law for the
time being in force, arrest without warrant.
2. So far as IPC offences are concerned cognizable offence is one which is shown as cognizable in
the first schedule of Cr.P.C.
3. When it comes to other laws cognizable offence is one which has been made cognizable by that
law for the time being in force.
4. Cognizable offences are popularly known as police cases.
5. In case of cognizable offences the police officer enjoys maximum powers.
6. In case of cognizable offences, the police officer can record FIR, start the investigation on his own,
arrest the accused without warrant and search any place without warrant.
7. Cognizable offences are generally non bailable in nature. So accused person cannot claim bail
as a matter of right, court has got the discretion to grant or not to grant the bail.
8. Generally cognizable offences are warrant cases in nature. So court conducts either a sessions
trial or a warrant trial by a magistrate on a police report or a warrant trial by magistrate on a private
complaint.
9. As majority of the cognizable offences are warrant cases, court frames an elaborate written
charge and explains the same to the accused person.
10. Generally cognizable offences are non compoundable in nature, so parties will not be allowed to
arrive at a compromise.
***
non-cognizable offence
1. As per Sec. 2(l) non-cognizable offence means an offence for which, non-cognizable case means a
case in which, a police officer has no authority to arrest without warrant.
2. So far as IPC offences are concerned non-cognizable offence is one which is shown as non-
cognizable in the first schedule of Cr.P.C.
3. When it comes to other criminal minor laws non-cognizable offence is one which has been made
non-cognizable by that law for the time being in force.
4. non-cognizable offences are popularly known as private cases or complaint cases.
5. In case of non-cognizable offences the aggrieved person has to make a complaint to the
magistrate.
6. In case of non-cognizable offences, the police officer has no power to record FIR, or investigate
the case on his own without being directed by a magistrate or to arrest the accused without warrant
or to search any place without warrant.

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 JCJ Code of Criminal Procedure, 1973

7. Non-cognizable offences are generally bailable in nature. So accused person can claim bail as a
matter of right.

8. Generally non-cognizable offences are summons cases in nature, so court conducts either a
summons trial or a summary trial.

9. As majority of the non-cognizable offences are summons cases, charge is orally explained by the
court to the accused, no question of framing the written charge.

10. Generally non-cognizable offences are compoundable in nature, so parties can arrive at a
compromise.

***

4. Complaint -
1. As per Section 2(d) compliant means –

a) it is an allegation.

b) it can be made either orally or in the written form.

c) it is made to a magistrate.

d) it is made by the aggrieved person.

e) it is made to a magistrate with a request to take appropriate action against the accused.

f) the accused may be known or unknown.

g) complaint doesn’t include a police report;

2. In 100% of non cognizable offences aggrieved person has to make a complaint to the magistrate.

3. Complaint can be made even in case of cognizable offences when the police officer refuses to
record the information as FIR.

Explanation:- Sometimes a police officer may start the investigation thinking the offence to be a
cognizable offence, but after the completion of investigation, he may come to the conclusion that the
offence is non-cognizable offence. In such a case the report submitted by a police officer to the
magistrate is known as complaint and the police officer is known as complainant.

Course of action available to a magistrate after receiving the complaint (Sections 200 to 204)

After receiving the complaint the magistrate has to follow any one of the appropriate actions given below –

1) After receiving the complaint if the magistrate comes to the conclusion that he doesn’t have the
jurisdiction over the case, he has to direct the complainant to the appropriate court; or

2) After receiving the complaint if the magistrate is of opinion that there is commission of offence, but
evidence is not sufficient to take cognizance, the magistrate must direct the police officer to
conduct investigation into the offence; or

3) After receiving the complaint if the magistrate is of the opinion that it doesn’t disclose the
commission of any offence, he must dismiss the complaint; or

4) After receiving the complaint, if the magistrate is satisfied with the information furnished in it he has
to take the cognizance of that offence and issue the necessary process like summons and warrant
as the case may be to the accused person.
***

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 JCJ Code of Criminal Procedure, 1973
5. Inquiry -
1. As per Section 2(g) inquiry means every inquiry other than trial conducted under this code by a
magistrate or court.
2. Inquiry is a fact finding mission.
3. Trial is the process followed by the court to determine the guilt or innocence of the accused
person.
4. Under Cr.P.C inquiry can be conducted to identify the truth of a matter of different issues.
5. The scope of inquiry is very wide than trail.
6. Inquiry simply places the matter before the concerned authority.
7. Inquiry never leads to the conviction or acquittal of a person.
8. Under Cr.P.C Sections 106, 107,109, 133,144,145,159,174,177 etc.., deals with the conducting of
inquiry.
***
6. Investigation :-
1. As per Section 2(h) investigation includes all the proceedings under this code for the collection of
evidence conducted by a police officer or by any person (other than a magistrate) who is
authorized by a magistrate in this behalf.
2. Investigation is the process followed by the police officer or by any other authorized person for the
collection of evidence.
3. Investigation should never be conducted by a magistrate; inquiry should be conducted by the
magistrate or court; inquest may be conducted by the magistrate.
4. Investigation is conducted in cognizable offences by the police officer on his own without being
directed by the magistrate.
5. Investigation can be conducted by a police officer even in case of non-cognizable offences when
directed by a magistrate.
6. The Supreme Court in H.N. Rish Bud Vs Delhi Administration AIR 1955 SC 196 and also in State
of Madhya Pradesh Vs. Mubarak Ali AIR 1959 SC 707 explained the 5 stages involved in the
process of investigation thus :
a) After recording the FIR the police officer immediately must go to the place of the offence.
b) After going to the place of the offence the police officer has to ascertain the facts and
circumstances under which the offence has been committed by the accused person.
c) After ascertaining the facts and circumstances thus, if possible the police officer must identify
and arrest the accused person.
d) Collection of evidence:- The 4th stage is the heart and soul of the investigation. Collection of
evidence by the police officer is done in 2 methods:-
i) By examining the witnesses under Section 161 Cr.P.C and by recording the statements of
those witnesses.
ii) By conducting searches of various places used by the accused and by identifying the
incriminating goods used by the accused for committing the offence.
e) After collecting the evidence as explained above, the police officer has to analyse and interpret
that evidence to see whether there is a valid case against the accused or not .

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 JCJ Code of Criminal Procedure, 1973

If the police officer finds sufficient evidence against the accused, he must forward a report to a
magistrate competent to take cognizance of the case. This report is popularly known as police
report or charge sheet or challan.
After the completion of investigation if the police officer is of the opinion that there is no case
against the accused, he must forward to the magistrate a report. This report is popularly known
as final report or closure report or referred charge or summary.
Various ways of starting investigation:-
1) In majority of the criminal cases police officer starts the investigation on the basis of FIR
recorded as per Section 154 of Cr.P.C. So FIR is considered a document which sets the
criminal law in motion.
2) Sometimes a magistrate may direct investigation by a police officer into a non-cognizable
offence. Then police officer has to conduct such investigation as per Section 155(2) of Cr.P.C.
3) Sometimes a complaint may be made by the aggrieved person to magistrate relating to a
cognizable offence. In such a case magistrate may direct investigation into that cognizable
offence. Then the police officer has to conduct investigation as per Section 156(3) of Cr.P.C.
4) When the police officer comes to know the commission of offence on his own he can start the
investigation suomoto (on his own) as per Section 157 of Cr.P.C.
***
7. Offence :-
As per section 2(n) means any act or omission made punishable by any law for the time being in
force and includes any act in respect of which a complaint may be made under section 20 of the
Cattle trespass Act, 1871 (1 of 1871);
***
8. Police report -
1. As per Section 2(r) police report means a report forwarded by a police officer to a magistrate under
sub section 2 of Section 173 of Cr.P.C.
2. Every investigation shall be completed without unnecessary delay.
3. When the police officer, after the investigation is over, is of the opinion that there is sufficient
evidence against the accused to prove his guilt he forwards a report to a magistrate which is known
as police report, or charge sheet or challan.
4. The investigation into the rape of a child may be completed by a police officer with in 3months from
the date on which FIR was recorded.
5. Section 173(2) says that as soon as the investigation is completed by the police officer he must
forward the report to a magistrate having power to take the cognizance of the case.
This report should be prepared by the police officer in the form prescribed by state government. In
that report the following particulars should be mentioned –
a) The names of the parties.
b) The nature of information.
c) The names of the witnesses.
d) Whether any offence appears to have been committed or not, if so by whom.
e) Whether accused has been arrested or not.
f) Whether accused has been released on bail, if so with or without sureties.

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 JCJ Code of Criminal Procedure, 1973

g) Whether the accused has been forwarded in custody under section 170 Cr.P.C.

h) Whether the report of the medical examination of the woman has been attached in case of
offences under section 376, 376-A to 376-E of I.P.C.

The police officer must communicate the action taken by him to the informant who gave first
information.

6. If the report has to be sent by the police officer through the superior police officer to the magistrate
and if that superior police officer is not satisfied with such report he may direct the investigating
officer to make further investigation.

7. When the report is in respect of a case to which Section 170 Cr.P.C. (where evidence is
sufficient) applies the police officer must forward to the magistrate along with the report –

a) all documents on which the prosecution proposes to rely.

b) The statements recorded under Section 161 of all the witnesses whom the prosecution
proposes to examine as its witnesses.

8. If the police officer is of the opinion that a particular document in the police report should not be
shown to the accused, he may request the magistrate to that effect. If the request is considered
genuine magistrate may not show such document to the accused.

9. Where it is convenient to the police officer, he may give the copy of the police report to the accused.

10. After filing the police report before the magistrate, if the Investigating officer finds further evidence he
may conduct further investigation till the evidence is completely exhausted.

***

9. Summons case -
1. As per Section 2(w) summons case means a case relating to an offence and not being a warrant
case.

2. Summons case is one where the punishment is upto 2 years.

3. Summons case is one where the court issues a summons to the accuse for his appearance
before the court.

4. In summons cases court conducts either a summons trial or a summary trial.

5. In summons case court doesn’t frame the written charge; instead it explains orally the charge to
the accused person.

6. Summons case is generally non cognizable in nature. Police officer has no power to record
FIR, to conduct the investigation on his own, to arrest the accused without warrant and to search a
place without warrant.

7. Summons cases are all private cases or complaint cases. So the aggrieved person has to make
a complaint to the magistrate.

8. Generally summons cases are bailable in nature. The accused can claim bail as a matter of
right.

9. Generally summons cases are compoundable in nature, parties can arrive at a compromise.
***

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 JCJ Code of Criminal Procedure, 1973

10. Warrant case -

1. As per Section 2(x) warrant case means a case relating to an offence punishable with death
penalty or imprisonment for life or imprisonment for a term exceeding 2years.
2. Warrant case is one where the court issues a warrant of arrest for making the accused to appear
before it.
3. In warrant cases the court conducts either a sessions trial or a warrant trial on a police report or a
warrant trail on a private complaint.
4. In warrant cases court frames an elaborate written charge and explains the same to the
accused person.
5. Generally warrant cases are cognizable in nature. The police officer has the power to record
FIR, to conduct the investigation on his own to arrest the accused without warrant, to search a place
without warrant.
6. Generally warrant cases are non-bailable in nature. So the accused cannot claim bail as a matter
of right. Court has got the discretionary power to grant or not to grant bail.
7. Generally warrant cases are non compoundable in nature. So parties cannot arrive at a
compromise.
***
11. Victim -
As per Sec. 2 (wa) Victim means a person who has suffered any loss or injury caused by
reason of the act or omission for which the accused person has been charged and the expression
victim includes his or her guardian or legal heir.
***
12. Officer in charge of a police station -
As per Sec. 2(o) officer in charge of a police station includes, when the officer in charge of the
police station is absent from the station-house or unable from illness or other cause to perform his
duties, the police officer present at the station-house who is next in rank to such officer and is above
the rank of constable or, when, the State Government so directs, any other police officer so present;
***
13. Public Prosecutor –
As per Sec. 2(u) Public Prosecutor means any person appointed under section 24, and includes
any person acting under the directions of a Public Prosecutor;
***
14. Metropolitan area -
As per Sec. 2(k) Metropolitan Area means the area declared, or deemed to be declared, under
section 8, to be a metropolitan area;
Section 8 Metropolitan areas -

(1) The State Government may, by notification, declare that, as from such date as may be specified in
the notification, any area in the State comprising a city or town whose population exceeds one
million shall be a metropolitan area for the purposes of this Code

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta
and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to
be a metropolitan area

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 JCJ Code of Criminal Procedure, 1973

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan
area but the reduction or alteration shall not be so made as to reduce the population of such area to
less than one million
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan
area, the population of such area falls below one million, such area shall, on and from such date as
the State Government may, by notification, specify in this behalf, cease to be a metropolitan area;
but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser
before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if
such cesser had not taken place
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan
area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately
before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or
appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken
place
Explanation:- In this section, the expression “population” means the population as ascertained at the
last preceding census of which the relevant figures have been published.
***

C. “ HIERACHY OF CRIMINAL COURTS ( SEC. 6 - 19 & 26 - 30 ) ”

1. Supreme Court.
2. High Court.

Sessions division and sub division

1. Court of sessions.
2. Assistant sessions judge.
3. Chief judicial magistrate.
4. Sub divisional judicial Magistrate.
5. Judicial magistrate of 1st class.
6. Judicial magistrate of 2nd class.
7. Special Judicial magistrate of 1st class.
8. Special Judicial magistrate of 2nd class.

Metropolitan Area

1. Chief Metropolitan Magistrate.

2. Metropolitan Magistrate.

3. Special Metropolitan Magistrates.

Hierarchy of executive magistrate

1. District Magistrate (Collector)

2. Sub-divisional Magistrate (RDO)

3. Executive Magistrate. (Tahasildar)

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JCJ Code of Criminal Procedure, 1973

Hierarchy of Executive Magistrate

District Magistrate (Collector)

Sub-divisional Magistrate (RDO)

Executive Magistrate (Tahasildar)

* * *
Hierarchy of criminal courts
( Sec. 6 to 19 & 26 to 30)

Sessions Division (District) Supreme Court (Any sentence Authorised by Law)

Sub-Division (Revenue division) High Court (Any sentence Authorised by Law)

Court of Sessions (Any sentence including death

penalty but subject to to the satisfaction by the High Court

Asst. Sessions Judge Chief Metropolitan Magistrate Chief Judicial Magistrate

(Impose upto 10 years and fine) (Addl. C.M.) (Impose upto 7 years (Addl. C.J.M.) (Impose
and fine) upto 7 years and fine)

Metropolitan Spl. Metropolitan Magistrate of Magistrate of

Magistrate Magistrate I class II class
(impose upto (impose upto (impose upto (impose upto
3 years & Fine 3 years & Fine 3 years & Fine 1 year & Fine
upto Rs. 10,000 of Rs. 10,000 upto Rs. 10,000 upto Rs. 5,000

Spl. Magistrate Spl. Magistrate

of I class of II class
(impose upto (impose upto
3 years and 1 year and
fine upto fine upto
Rs. 10,000 Rs. 5,000

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 JCJ Code of Criminal Procedure, 1973
SUPREME COURT
1. Supreme Court is the apex court in India.
2. It is the creation of the constitution. So it is known as constitutional court.
3. It has Original Jurisdiction, appellate jurisdiction & advisory jurisdiction.
4. By exercising its original jurisdiction, Supreme Court can protect the fundamental rights of citizens
by issuing appropriate writs like Habeas Corpus, Mandamus, Quo-Warranto, Certiorari, prohibition.
5. Supreme Court takes up the criminal cases as part of its appellate jurisdiction.
6. When the Supreme Court decides a criminal case and finds the accused to be guilty of committing
the offence, it can impose any sentence authorized by law for that offence.
7. So as to move to the Supreme Court by way of appeal, High Court consent is required to give
certificate.
8. If the certificate is not granted by High Court the aggrieved can seek special leave from the
Supreme Court under Art. 136.
* * *
HIGH COURT
1. High Court is the Apex court in the state.
2. At present there are 24 High Courts in India.
3. High Court is a constitutional court.
4. High Court has original jurisdiction, appellate jurisdiction, revisional jurisdiction and supervisory
jurisdiction.
5. By exercising its original jurisdiction High Court can protect the fundamental rights and other legal
rights by issuing appropriate writs.
6. The scope of High Court in protecting the right of the citizens is more than the scope of the
Supreme Court.
7. Some High Courts have got extra-ordinary original criminal jurisdiction. Those high courts can
take up the cases as courts of original jurisdiction and conduct the trial.
8. High Court takes up the criminal cases by way of appeals. When the accused is found guilty, high
court can impose any sentence authorised by law for that offence. (Sec. 28(1))
9. Under Article 227 of the constitution. High Court has got the supervisory Jurisdiction over all the
courts and tribunals within a state.
10. Revision is the remedy available to a person when there is no right to appeal. A person has the right
to move to the high court by filing a revision petition.
***
SESSIONS DIVISION AND SUB DIVISIONS
(Section 9)
Court of Sessions :-
1. Court of Sessions is the creation of a statute.
2. Court of sessions is the Apex criminal court in a Sessions division.
3. The presiding officer of the Court of Session is known as Sessions judge.

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 JCJ Code of Criminal Procedure, 1973
4. There could be only one sessions judge presiding over the Court of Session situate at the sessions
divisional head quarters.
5. Sessions Judge will be assisted by any number of Additional Session Judges as appointed by
the state government.
6. Additional Session Judge courts can be found at the sessions divisional head quarters and also in
the sub divisions.
7. The powers of the Sessions and Additional Session Judge are same except one i.e. additional
session judge will not be able to take up the case for trial on his own. Cases should be made over to
him by the sessions judge, then only he can conduct the trial.
8. Court of Sessions means Session Judge Court, Addl. Session Judge Court & Assistant Sessions
Judge court. All three together are known as Court of Sessions.
9. The trial conducted by the Court of Session is most elaborate trial and known as session trial.
10. When a criminal case is decided by the Court of Session and if the accused is found guilty, it can
impose on the accused any sentence authorized by law including death penalty. (Sec. 28(2))
11. But when Death penalty is imposed by the Court of Session the entire record of the case must be
sent to the concerned High Court of that state for confirmation.
12. Death penalty becomes executable only when confirmed by the High Court.
13. Court of Sessions has got Original Jurisdiction, Appellate jurisdiction and revisional jurisdiction.
* * *

ASSISTANT SESSIONS JUDGE COURT

( Section 10)
1. It is the creation of a statute.
2. There may be as many courts of Assistant Sessions Judge as constituted by the government.
3. These courts are found in the sessions division and also in the Sub-Divisions.
4. Assistant Session Judge has got only Original Jurisdiction to decide the criminal cases.
5. Assistant Session Judge does not have the independence to take up the criminal cases for
trail on his own. He will be able to decide the criminal cases only when they are made over to him.
6. When the accused is found guilty, Assistant Session Judge can impose a punishment of
imprisonment up to 10 years or fine or both. (Sec. 28(3))
* * *

CHIEF JUDICIAL MAGISTRATE COURT

(Section 12)
1. Chief Judicial Magistrate is a designation conferred by the High Court on the senior most judicial
magistrate of 1st class of the entire Sessions division.
2. This court is the creation of a statute.
3. There may be as many Additional Chief Judicial Magistrates as appointed by the state government to
assist the Chief Judicial Magistrate.
4. The main function of the Chief Judicial Magistrate is supervisory in nature. His duty is to supervise
the function of criminal courts in the entire Sessions division.
5. He works under the control of Sessions judge.

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6. He has to submit periodical reports to the Sessions Judge explaining in them the filing, disposal
and pendency of criminal cases in the entire sessions division. In this task he will be assisted by the
Additional Chief Judicial Magistrate, occasionally he decides the criminal cases and if the accused is
found guilty he can impose a maximum sentence of imprisonment up to 7 years or fine or both.
(Sec. 29(1)).
* * *
SUBDIVISIONAL JUDICIAL MAGISTRATE
1. Sub-Divisional Judicial Magistrate court is the creation of a statute.
2. His main function is supervisory in nature.
3. He works under the overall control of Chief Judicial Magistrate.
4. He sends periodically the reports to the Chief Judicial Magistrate. He explains the filing, disposal and
pendency of criminal cases in the sub division.
5. He decides the criminal cases and if the accused is found guilty, he can impose at maximum
imprisonment up to 3 years or fine up to Rs. 10,000/- or both.
* * *

JUDICIAL MAGISTRATE OF I CLASS

(Section 11)
1. The courts of Judicial Magistrate of I class are the creation of the statute.
2. These courts can be found scattered all over the sessions division.
3. The number of these courts depends on the financial capacity of the state government
concerned.
4. To be appointed as Judicial Magistrate of I class the candidate must be having law degree.
5. Such candidate must get through the examination and interview conducted by the High Court of the
concerned state. Then he will be appointed as the Judicial Magistrate of I class by the state
government.
6. The Judicial Magistrate of I class can impose a punishment of imprisonment up to 3 years or fine
up to 10,000/- or both. (Sec. 29(2))
* * *

JUDICIAL MAGISTRATE OF II CLASS

(Section 11)
1. The courts of Judicial Magistrate of II class are the creation of the statute.
2. These courts can be found scattered all over the sessions division.
3. The number of these courts depends on the financial capacity of the state government
concerned.
4. To be appointed as Judicial Magistrate of II class the candidate must be having law degree.
5. Such candidate must get through the examination and interview conducted by the High Court of the
concerned state. Then he will be appointed as the Judicial Magistrate of II class by the state
government.
6. The Judicial Magistrate of II class can impose a punishment of imprisonment up to 1 year or fine
up to 5,000/- or both. (Sec. 29(3))

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SPECIAL JUDICIAL MAGISTRATE OF I CLASS

(Section 13)
1. Government employees having the qualification of law are appointed as Special Judicial Magistrate
of I Class.
2. Appointment will be made by the High Court in consultation with the state government.
3 The tenure of these magistrates in rest of the country is for one year, but in the states of A.P &
Telangana the tenure is for 2 years.
4. These magistrates decide the specialized cases like public nuisance, Hawking etc..,
5. The sentencing power of these magistrates is imprisonment up to 3 years or fine up to Rs. 10,000
or both.
* * *

SPECIAL JUDICIAL MAGISTRATE OF II CLASS

(Section 13)
1. Government employees having the qualification of law are appointed as Special Judicial Magistrate
of II Class.
2. Appointment will be made by the High Court in consultation with the state government.
3 The tenure of these magistrates in rest of the country is for one year, but in the states of A.P &
Telangana the tenure is for 2 years.
4. They decide the petty cases.
5. The sentencing power of these magistrates is imprisonment up to 1 year or fine up to Rs. 5,000 or
both.
* * *
Metropolitan Area:-

CHIEF METROPOLITAN COURT

(Section 17)
1. Chief Metropolitan Magistrate is a designation conferred by the High Court on the senior most
judicial magistrate of 1st class of the entire Sessions division.
2. This court is the creation of a statute.
3. There may be as many Additional Chief Metropolitan Magistrates as appointed by the state
government to assist the Chief Metropolitan Magistrate.
4. The main function of the Chief Metropolitan Magistrate is supervisory in nature. His duty is to
supervise the function of criminal courts in the entire Sessions division.
5. He works under the control of Sessions judge.
6. He has to submit periodical reports to the Sessions Judge explaining in them the filing, disposal
and pendency of criminal cases in the entire sessions division. In this task he will be assisted by the
Additional Chief Metropolitan Magistrate, occasionally he decides the criminal cases and if the
accused is found guilty he can impose a maximum sentence of imprisonment up to 7 years or
fine or both. (Sec. 29(4))
* * *

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METROPOLITAN MAGISTRATE
(Section 16)
1. The courts of Metropolitan Magistrate are the creation of the statute.
2. These courts can be found scattered all over the sessions division.
3. The number of these courts depends of the financial capacity of the state government
concerned.
4. To be appointed as Metropolitan Magistrate the candidate must be having law degree.
5. Such candidate must get through the examination and interview conducted by the High Court of the
concerned state. Then he will be appointed as the Metropolitan Magistrate by the state government.
6. The Metropolitan Magistrate can impose a punishment of imprisonment up to 3 years or fine up to
10,000/- or both. (Sec. 29(4))
* * *

SPECIAL METROPOLITAN MAGISTRATE

(Section 18)
1. Government employees having the qualification of law are appointed as Special Metropolitan
Magistrate.
2. Appointment will be made by the High Court in consultation with the state government.
3. The tenure of these magistrates in rest of the country is for one year, but in the states of A.P &
Telangana the tenure is for 2 years.
4. These magistrates decide the specialized cases like public nuisance, Hawking etc..,
5. The sentencing power of these magistrates is imprisonment up to 3 years or fine up to Rs. 10,000
or both. (Sec. 29(4)).
* * *

D. “ PROCESS TO COMPEL THE APPEARANCE OF THE ACCUSED

BEFORE THE COURT ”

I. By issuing summons (Sections 61 to 68)

II. Where the accused surrenders before the court (Section 88)

III. By Arresting the accused (Sections 46 & 41-B)

i) With warrant (Sections 70 to 81)

ii) Without warrant (Sections 41 - 44)

IV. Proclamation for person absconding. (Section 82)

V. Order of attachment of property. (Section 83)

Claims and objections if any. (Section 84)

Release, sale or restoration of property. (Section 85)

* * *

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INTRODUCTION

Accused person is one who is alleged to have committed the offence.

Cr.P.C provided 5 processes for bringing the accused before the court.

Object of bringing the accused before the court:-

Accused person must be brought before the court for the following reasons –

1) To see that the accused doesn’t commit more and more offences by remaining in the society.

2) To enable the accused know the charge pending against him.

3) To enable the court to conduct fair, just and reasonable trial, which requires the presence of both
the parties.

4) To make the accused receive the punishment in case he is proved to be guilty of committing the
offence.

* * *

I. BY ISSUING SUMMONS:-

Meaning of Summons:- Summons is an authoritative call or notice given by the court to the
accused with a direction to appear before it on the specified date and time to answer for the
allegation pending against him.

1. Court issues summons against the accused in all summons cases.

2. Court can issue summons even in warrant cases at its discretion.

3. Personal attendance of the accused may be dispensed with (Section 205) and permit him to
appear by his pleader.

* * *

I. SERVICE OF SUMMONS (Sections 61 to 68)

1. Explain the service of summons on the accused person. (Sections 61, 62, 64 & 65)

2. How a summons is served on corporate bodies and societies. (Sections 61 & 63)

3. Explain the service of summons on a government servant. (Sections 61 & 66)

4. Explain how a summons is served outside the jurisdiction of a court issuing it. (Sections 61 & 67)

5. Explain the proof of service of summons. (Section 68)

Section 61 Form of Summons :-

1. Form No.1 of second schedule contains the proforma of summons to the accused.

2. Every summons issued by the court shall be in writing in duplicate.

3. Every summons issued by the court by the presiding officer of the court or by such other officer as
directed by the High Court by framing rules.

4. Summons must bear the seal of the court and date of issuance.

5. It shall be signed by the presiding officer of the court.

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Section 62 Summons how served :-
1. Summons issued by the court must be served by a police officer or by any officer of the court
or other public servant.
2. Wherever practicable serving officer must serve the summons personally on the accused person by
delivering one of the duplicates of the summons.
3. After receiving the summons personally by accused if the serving officer so requires, he shall
acknowledge the receipt of summons on the other copy.
Section 63 Service of summons on corporate bodies and societies:-
1. Corporate bodies and registered societies are only legal persons, not natural persons.
2. When a corporation or registered society is involved in the commission of an offence and if it is
situated within the jurisdiction of the court issuing summons, serving officer must serve the
summons on the company secretary or local manager or other principle officer of that
corporation.
3. But if the company is situated in a far away place from the court issuing summons, the summons
must be sent by registered post with acknowledgement due addressing it to the chief officer of
the corporation when the letter reached the destination, the summons shall be deemed to have
been served.
4. As per the explanation of this section corporation means any incorporated company or other body
corporation and includes a society registered under Societies Registration Act, 1860.
Section 64 Service when persons summoned cannot be found:-
1. As per Section 62 a summons can be served on the accused personally where ever possible.
2. If the accused is not available at his place this Section 64 explains the procedure to be followed.
3. As per Section 64 when accused is not found in his place, the serving officer must deliver the
summons to any one of the adult male members of the house. He should not serve the
summons on any female members of the house.
4. As per this section a male servant working in the house should not be considered a male
member of the house.
Section 65 Procedure when service cannot be effected as before provided:-
1. As per Section 62 where ever possible the serving officer must serve the summons personally on
the accused person.
2. As per Section 64 if the accused is not available at his place, the serving officer must serve the
summons on any adult male member of the house, not on female members.
3. This Section 65 explains the procedure of service of summons when the accused is not found at
his place and only female member of the house are present or when the house is found locked.
4. As per this section when only females are there in the house or when the house is locked, the
serving officer must affix a copy of the summons on any conspicuous part of the house and
take the acknowledgement of the neighbour by showing it on the other copy of the summons.
Section 66 Service on Government servant:-
1. Section 66 explains the service of summons on a government employee who is in the active
service of the government.
2. Whenever a summons has to be served on a government servant the serving officer should not
directly serve it on the accused employee, instead he must meet the Head of the department e
and hand over him the copies of summons with a request to serve the same on the accused
employee.

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3. Then the Head of the Department has to serve a copy of the summons on that employee and on the
other copy he must take the acknowledgment of that employee.
4. Then he shall return the acknowledgment copy to the serving officer with his signature on it.
Section 67 Service of summons outside the local limits:-
1. Whenever a summons has to be served outside the jurisdiction of the court, the court
issuing the summons must send it by post to the other court within whose jurisdiction the accused
is said to be residing.
2. The other court which received the summons must get it served with the help of local police of
that area and the acknowledging copy must be sent back by post to the court which issued the
summons.
Section 68 Proof of service when the serving officer is not present:-
1. When the question before the court is the service of summons, if the serving officer is available he
will come and explain as to how he served the summons on the accused person.
2. Whenever a summons is served by the serving officer he prepares a report explaining in it the
procedure followed by him in serving the summons. He submit to the court this report along with the
acknowledged copy of summons.
3. When the serving officer is not available to explain the service of summons, the report and the
acknowledged copy submitted by the serving officer to the court will be considered sufficient proof of
service.
Section 69 Witness summons will be served by registered post
* * *

II. SURRENDER OF THE ACCUSED (SECTION 88)

1. Sometimes accused person may abscond after coming to know the FIR filed against him or after
committing the offence.
2. Such an accused person later may surrender before the court and move the bail petition.
3. If the court is satisfied with his version, it may grant him bail with the condition that he must appear
before it when ever called from then onwards without fail.
4. Once the accused gets the bail, he is bound to appear before the court without fail. In this manner
court ensures his presence before it.
* * *
III. BY ARRESTING THE ACCUSED (Sections 46 & 41-B)
1. Arrest means taking a person into custody in connection with the commission of the offence.
2. Accused person can be arrested either with warrant or without warrant.
* * *
ARREST WITH WARRANT (Sections 70 to 81)
1. Explain the non bailable warrant of arrest (N.B.W) and bailable warrant of arrest. (Sections 70 & 71)
2. Explain when a warrant can be executed by any person (Section 73)
3. Explain the procedure of executing the warrant outside the jurisdiction of the court issuing it.
(Sections 78 - 81)

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Meaning of Warrant:- Arrest warrant is an order issued by the court addressing it to the police or any
other person to arrest the accused person.
Sections 70 Form of warrant of arrest and duration:- (N.B.W)
1. Form No.2 of Second schedule Cr.P.C. contains the proforma of warrant of arrest.
2. The first part of Form No.2 contains the proforma of non bailable warrant of arrest; the second
part of the form contains bailable warrant of arrest.
3. Sections 70 of Cr.P.C deals with non bailable warrant of arrest.
4. As per Section 70 –
a) Every warrant of arrest shall be in writing.
b) It shall be signed by the presiding officer of the court and it must bear the seal of the court.
c) it must contain the name of the accused, name of the law, name of the offence if any and the
number of the section under which the act of the accused is an offence.
5. As per Section 70(2) a warrant shall remain in force until it is cancelled by the court which
issued it or until it is executed. (Recall petition can be filed under Section 70(2)). A warrant
recall petition is filed under the Sections.
6. This section deals with non bailable warrant of arrest. In case of non bailable warrant of arrest
accused should be arrested and brought before the court.
Section 71 Power to direct security to be taken (Bailable Warrant) :
1. Section 71 deals with bailable warrant of arrest.
2. In case of bailable warrant of arrest. The arrest warrant itself contains the bail provision.
3. When bailable warrant is issued, the person executing the warrant must arrest the accused, but
release him immediately if he executes personal bond or surety bonds to the amount
mentioned in the warrant and by taking his assurance for his appearance before the court whenever
called from then onwards.
Section 72 Warrants to whom directed :-
1. Court may direct the warrant of arrest to one or more police officers.
2. If the police officers are not available and if the warrant has to be executed immediately, court may
direct the warrant to any other person or persons.
3. When the warrant is directed to more police officers or persons than one, it may be executed by all
of them or by any one or more of them.
Section 73 Warrant may be directed to any person:-
1. Chief judicial magistrate or judicial magistrate of I class may direct a warrant to any person within
his local jurisdiction for the arrest of the accused. The accused must be a proclaimed offender
or an escaped convict or a person accused of a non bailable offence and evading arrest.
2. Under this section warrant may be directed by the Chief judicial magistrate or judicial magistrate of I
class to any person. But that person must be one having the charge over any land or other
property in which accused person is expected to enter.
3. When the warrant is issued to such a person, he must acknowledge in writing the receipt of the
warrant and execute it.
4. When the accused is arrested, he should not be brought directly to the court, instead he should be
hand over with the warrant to the nearest police officer.

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 JCJ Code of Criminal Procedure, 1973
5. That police officer must produce him before the court having jurisdiction over that case unless it is a
bailable warrant of arrest under Section 71.
Section 74 Warrant directed to police officer:-
1. When warrant is directed by court to one police officer for execution, it may be executed by any
other police officer whose name is endorsed up on the warrant by the officer to whom it is
directed or endorsed.
Section 75 Notification of substance of warrant:-
1. The police officer or other person executing the warrant of arrest shall notify the substance of the
warrant to the person to be arrested.
2. If so required the police officer or the other person must show the warrant to the person to be
arrested.
Section 76 Person arrested to be brought before the court without delay:-
1. This section is applicable to those arrests that are made outside the jurisdiction of the court
issuing the warrant.
2. When the accused is arrested outside the jurisdiction of the court issuing the warrant time taken
for journey should be excluded from counting the hours. Once the arrested person is brought
within the jurisdiction of the court issuing the warrant he must be produced before the court within 24
hours.
Section 77 Where warrant may be executed:- Warrant may be executed at any place in India.
* * *
Execution of warrant outside the jurisdiction of the court issuing it
(Sections 78- 81)
1. Whenever a warrant issued by one court has to be executed within the jurisdiction of another court,
there are 2 ways explained under Sections 78- 81.
2. Whenever a warrant issued by one court has to be executed within the jurisdiction of another court,
the court issuing it will send it by post to any Executive Magistrate or superintendent of police or
commissioner of police within whose jurisdiction the accused is said to be residing.
3. That Executive Magistrate or superintendent of police or commissioner of police after receiving
warrant by post gets it executed by the local police of that area.
4. When warrant is sent for execution outside jurisdiction, all the documents relevant to that case must
also be sent along with the warrant. (Section 78)
5. Sections 79 deals with the second method of executing the warrant outside the jurisdiction of the
court issuing it.
6. If the police officer investigating the case and the court comes to the conclusion that sending the
warrant by post to the other jurisdiction causes delay in its execution the court may give the
warrant to the Investigating officer with a direction to go and execute the same in other
jurisdiction.
7. As per Sections 80 when the warrant is executed outside the jurisdiction by the local police officer
of that area, the arrested person must be brought before the executive magistrate or superintendent
of police or commissioner of police within whose jurisdiction it was executed, unless the distance
between the court issuing the warrant and the case of the arrest is less than 30kilometers.
8. As per Sections 81 when the arrested person is presented before the executive magistrate or
superintendent of police or commissioner of police by the local police officer, he must direct his
removal in custody to the court issuing the warrant unless it is a bailable warrant of arrest.
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 JCJ Code of Criminal Procedure, 1973
9. When the Investigating officer goes to other jurisdiction to execute the warrant he must take that
warrant for endorsement to an executive magistrate or a police officer not below the rank of
officer in charge of a police station within whose local limits warrant has to be executed.
10. He will be provided with the necessary assistance by that Executive Magistrate or a police officer
who endorsed that warrant.
11. Sometimes investigating officer may be of the opinion that meeting the executive magistrate or a
police officer of that area causes delay, he may directly go to the place of the accused without
endorsement and arrest him.
* * *

II) ARREST WITHOUT WARRANT (Sections 41 TO 44)

(Accused can be brought before the court by arresting him without warrant. The law relating to
arrest without warrant has been given under Sections 41 to 44)
See the notes given arrest without warrant in the topic arrest, arrest without warrant and rights of
arrested person.
* * *

IV. PROCLAMATION FOR PERSON ABSOCONDING (Section 82)

1. Proclamation is an order issued by the court directing the accused to appear before it to answer for
the allegation pending against him within the time given in the proclamation.
2. The minimum time that should be given for the accused to appear before the court is not less than
30days.
3. When the court has reason to believe that the accused against whom warrant has been issued has
absconded or concealed himself somewhere, it may publish a written proclamation requiring that the
accused to appear at a specified place and time not less than 30 days from the date of publishing
that proclamation.
4. A copy of the proclamation must be pasted in the notice board of the court.
5. Another copy of the proclamation should be affixed in the conspicuous part of the place where
the accused previously resided.
6. Another copy of the proclamation has to be published in the daily newspaper widely circulated in
that area.
7. if necessary the proclamation may be announced in the place of the accused by adopting drum
beating.
8. Where proclamation is published in respect of a person accused of an offence punishable under
Sections 302, 304, 364, 367, 382, 392, 394,395-400, 402, 436, 449, 459 or 460 of IPC and if such
person fails to appear before the court within the time given in the proclamation, the court may
pronounce him a proclaimed offender and make a declaration to that effect.
9. Sometime police may inform the court that the whereabouts, of the accused person are not known,
but somehow he has been trying to sell away his movable and immovable properties by employing
the middle men, court may issue proclamation and order of attachment of the property
together.
* * *

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V. ATTACHMENT OF PROPERTY OF THE PERSON ABSCONDING (SEC. 83)

1. The court issuing the proclamation under section 82, may by recording reasons at any time after
the proclamation order the attachment of any property belonging to the proclaimed person.
2. The property to attach may be movable or immovable property or both.
3. To issue the order of attachment of immovable property the court must be satisfied by affidavit or
otherwise that the person against whom the proclamation has to be issued is about to dispose of the
whole or any part of his property situated within the local jurisdiction of that court. Then the court can
simultaneously issue the order of attachment and proclamation.
4. When the property of the proclaimed person is to be attached, court is required to appoint the
receiver as per the provisions of C.P.C.
5. Receiver can attach the movable and immovable properties of the proclaimed person.
6. So far as immovable property is concerned it can be managed as usual.
7. When the property is movable and perishable in nature or subject to natural decay such property
should be sold immediately after attachment and the sale proceedings must be deposited in the
bank as per the directions of the court.
8. Sometimes the property may be unmanageable in nature like poultry, livestock, they must also
be sold immediately and the sale proceeds must be deposited in the bank as per the direction of
the court.
* * *

CLAIMS AND OBJECTIONS IF ANY (SECTION 84)

1. When the property of the proclaimed person is attached as per the orders of the court, if any person
raises a claim or objection to such attachment, it should be raised within 6 months from the date
of such attachment.
2. The claim or objection should be raised before the court that issued the order of attachment.
3. If the claim is considered valid to that extent the property attached would be released.
4. When the claim is disallowed by the court the aggrieved person must approach the civil court by
filing a civil suit within a period of 1 year from the date of the order which disallowed the
claim.
* * *
RELEASE, SALE & RESTORATION OF ATTACHED PROPERTY (SECTION 85)
1. When the proclaimed person appears before the court within the time specified in the proclamation,
the court shall make an order releasing the property from the attachment.
2. If the proclaimed person doesn’t appear before the court within the time given in the proclamation,
the property attached shall be at the disposal of state government, but it shall not be sold until the
expiration of 6months from the date of attachment or until the claim has been disposed off if
any. After 6months the property may be sold as per the order of the court.
3. It the property attached is subject to speedy, natural decay it can be sold by conducting auction
sale immediately after attachment. No need to wait for 6months.
4. If the proclaimed person appears before the court within 2 years from the date of attachment and explains
satisfactorily his absence till then the sale proceeds of the sold property should be restored back to him.
If the proclaimed person doesn’t appear before the court even after 2 years from the date of
attachment, the sale proceeds of his property should go to the state treasury.

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 JCJ Code of Criminal Procedure, 1973
Then the court directs the superintendent of police to register the case as LPC (Long
Pending Case) and issues a fresh N.B.W against the proclaimed person. Afterwards whenever he
is arrested and brought before the court it commences the proceedings.
* * *

E. “ PROCESS UNDER CR.P.C FOR THE PRODUCTION OF DOCUMENTS OR

THINGS BEFORE THE COURT ”
I. Section 91 Summons to produce a document or a thing.
II. Section 92 Procedure as to telecom and letter which are in the custody of a postal and telecom
department.
III. Section 93 to 98 Search with warrant.
IV. Section 103, 165, 166, 153 Search without warrant.
Section 100 General provisions of search.
Introduction :
1. Sometimes accused person may use various things like weapons, vehicles etc.. to commit an
offence.
2. In the same manner before or after the commission of offence he may write certain documents
explaining the commission of offence.
3. The weapons, vehicles, etc., used by the accused are known as material objects. (M.O’s)
4. The documents used by the accused in connection with the offence are known as Exhibits.
5. These material object and exhibits are extremely important as evidence before the court at the time
of trial. So Cr.P.C provided 4 processes for the production of them before the court.
* * *

I. SUMMONS TO PRODUCE A DOCUMENT OR A THING (SECTION 91)

1. Whenever the weapon or other thing or a document used by the accused for committing the offence
is in possession of any other person, As per Section 91 police officer investigating the case may
pass a written order against him with a direction to present the same before him.
(or)
2. In the same manner under this Section, court has got the right to issue the summons to such
person to present that item or thing or any document before it. But court or the police officer can
issue the summons or the written order to a person when such thing or document is considered
extremely important for the investigation or trail of the case.
3. The person to whom summons or written order is issued may produce the item or the thing
personally by coming to the police station or court or he may send such document or thing by
sending some other person.
4. Under this Section 91 the court or the police officer should never issue a summons or the
written order to the accused to produce any document or thing which he is in possession and has
got right against self incrimination or testimonial compulsion as a fundamental right under
Article 20(3) of the constitution.
* * *

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II. PROCDURE AS TO LETTERS AND TELGRAMS WHICH ARE IN THE CUSTODY OF P& T
DEPARTMENT (SECTION 92)
1. Sometimes a document or a thing used by the accused for committing the offence may be in
possession of Postal and telecommunication authorities.
2. If the Investigating officer is of the opinion that such document or thing which is in possession of the
Postal and telecommunication authorities is extremely important for his investigation or trial of the
case, he may approach the District Magistrate (Collector) or Chief Judicial Magistrate or
Court of Session or High Court requesting either of them for a letter of requisition.
3. If the concerned authority issues the letter of requisition the Postal and telecommunication
authorities will have to deliver the document or thing or parcel to the officer.
* * *

III. SEARCH WITH WARRANT (SECTIONS 93 TO 98)

Section 93 When search warrant may be issued :-
1. This Section 93 deals with the cases where court may issue search warrant.
2. When the court has reason to believe that the summons issued under Section 91 will be disobeyed
by the person in possession of a document or a thing, it may issue search warrant to search his
place.
3. Where the court has reason to believe that the letter of requisition issued under Section 92 to the
Postal and telecommunication authorities will not be obeyed by them, it may issue the search
warrant to search the premises of Postal and telecommunication authorities.
4. Where such document or thing is not known to the court to be in possession of any person it can
issue the search warrant for the identification of the same.
5. Under this Section court can issue the general search warrant. General search warrant is the
warrant which authorises the search of any place for the things or documents used by the accused
for committing the offence.
When general search warrant is issued the court has to record the reasons as there is
possibility of abusing the warrant.
6. Under this Section court can also issue the specific search warrant. Specific search warrant is
the warrant which authorises the officer to conduct the search only that place which has been
mentioned in the warrant.
Section 94 Search of place suspected to contain stolen property or forged documents etc., :-
1. Under this section District Magistrate or Sub Division Magistrate or Judicial Magistrate of I
class if got the reason to believe that any place is used for the deposit of stolen property or for the
production of any objectionable article he may issue the search warrant authorizing any police
officer to conduct the search of that place.
2. The object of issuing search warrant under this section is for identifying the stolen properties
or objectionable articles.
3. As per this section the District Magistrate or Sub Division Magistrate or Judicial Magistrate of I class
must issue the search warrant to a police officer above the rank of a constable.
4. Under this section objectionable article means –
a) Counterfeit coins
b) Forged documents
c) False seals

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 JCJ Code of Criminal Procedure, 1973
d) Obscene objects

e) Pieces of metal made in violation of Metal Tokens Act, 1889.

f) Instrument or materials used for the production of false coins, currency notes, false seals, etc.,

g) Counterfeit currency notes, counterfeit stamps.

Section 95 Power to declare certain publications forfeited and to issue search warrants for the
same:-

1. Where any newspaper or books or any documents appears to the state government to contain any
matter which is punishable under Section 124-A or 153-A or 153-B or 292 or 293 or 295-A of IPC,
it can pass the order of forfeiture stating the grounds of its opinion.

2. Order of forfeiture means order of taking the possession of the material.

3. When such order is taken by the state government any magistrate may issue search warrant for the
identification of those publications of the documents.

4. Search warrant will be issued authorizing any police officer not below the rank of sub inspector to
enter into any place for identifying those publications or documents.

5. Under this section document includes any painting, drawing, or photograph or any other visible
representation.

Section 96 Application to the High Court to set aside declaration of forfeiture:-

1. This section deals with the remedy available to the aggrieved person because of the action of the
state government under Section 95.

2. Any person having interest in any newspaper, book or other documents in respect of which a
declaration of forfeiture has been made under Section 95 may challenge that order of forfeiture
before the High Court of the concerned state.

3. The aggrieved person must make an application before the High Court within 2months from the date
of publication of the order of forfeiture in the official gazette.

4. He must state that the newspaper, book, etc., did not contain any matter punishable under the
sections of IPC mentioned in Section 95 of Cr.P.C.

5. Every such application must be decided at least by 3 judges and the majority opinion prevails.

Section 97 Search for persons wrongfully confined:-

1. Under this Section 97 search warrant can be issued by the District Magistrate or Sub Divisional
Magistrate or Judicial Magistrate of I class when a person is wrongfully confined by the police
officer or by any private individual.

2. Here 2 remedies are available to the aggrieved person –

a) Constitutional remedy in the form of Habeas Corpus under Article 226.

b) Procedural remedy in the form of search warrant under Section 97 Cr.P.C.

3. When a person is wrongfully confined by a police officer, the concerned magistrate has to
issue the search warrant to an advocate commissioner with a direction to search the police
station and identify the victim.

4. When one private individual wrongfully confines another private individual, the concerned magistrate
issues the search warrant to a police officer for identifying the victim.

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Section 98 Power to compel the restoration of abducted females:-
1. Under this section a District Magistrate or Sub Divisional Magistrate or Judicial Magistrate of
I class may issue a search warrant for the identification of an abducted female.
2. Aggrieved person must make a complaint to the concerned magistrate on oath of the abduction
or unlawful detention of a woman, then that magistrate will issued search warrant for the
identification and immediate restoration of such woman to her liberty or to her husband or guardian
or parent as the case may be. If necessary the police officer acting under this section may use
necessary force.
* * *
IV. SEARCH WITHOUT WARRANT (SECTIONS 103, 165, 166 & 153)
Sections 103 Magistrate may direct search in his presence:-
1. When the magistrate is physically present in the place where search has to be conducted he can
conduct the search of that place on his own or he may cause it to be conducted by any other
person.
2. Here the presence of the magistrate itself is considered equivalent to search warrant.
3. Here the magistrate must be one having the authority to issue the search warrant.
4. Magistrate having the authority to issue the search warrant is either District Magistrate or Sub
Divisional Magistrate or Judicial Magistrate of I class.
Sections 165 Search by police officer :-
1. Police officer investigating a cognizable offence has got the power to conduct a search of a
place without warrant.
2. Before proceeding to conduct the search without warrant that police officer must record reasons
as to why he intends to conduct that search.
3. Then he must send the record of the reasons to the nearest Magistrate having jurisdiction over the
case.
4. A police officer can conduct only a search without warrant, but it must be a specific search.
5. Police officer investigating a cognizable offence should never conduct a general search without
warrant.
6. Sometimes police officer may not be able to go personally to conduct the search on his own. In
those circumstances he can depute his subordinate to conduct the search on his behalf by
giving him a written order.
7. When the subordinate conducts the search without warrant he must submit a report to the
investigating officer explaining in it the procedure followed by him for conducting the search.
Section 166 - When one police officer of one police station request the police officer of another police
station in the another jurisdiction to conduct the search of a place in that jurisdiction on his behalf, then
other police officer can conduct such search without warrant.
Section 153 Inspection of weights and measures :-
1. Any officer in charge of a police station may enter into any place without warrant for the purpose of
inspecting or searching for any false weights or measures or instruments.
2. If he finds any false weights or measures, he may seize the same and shall give the information of
such seizure to a magistrate having jurisdiction.

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Section 100 Persons in charge of a closed place to allow search:- (General provisions of
search) :
1. Section 100 provides the procedure to be followed by the officer for conducting the search. This
procedure is applicable for both search with warrant and search without warrant.
2. It is the duty of the occupier of the place to allow free ingress (i.e. free entry) to the officer
conducting such search.
3. It is the duty of the occupier of the place to provide all reasonable facilities to the officer conducting
the search.
4. If free ingress is not provided by the occupier, the officer can break open the door or the
windows of that place to make his entry possible.
5. Search with warrant or without warrant should be conducted always in the presence of 2
respectable residents of that locality. These witnesses are popularly known as panch witnesses.
6. As per this Supreme Court before the commencement of search the occupier must search the
officer and the witnesses to identify whether they brought anything from outside to plant it
there.
7. When there are pardanashini woman in the place, the officer conducting the search must ask them
respectfully to vacate that place and in their absence only search should be conducted.
8. As per the Supreme Court where ever it is possible search should be conducted with warrant
that to during day time.
9. Occupier or his nominee should be allowed to be present in the place where search is conducted.
10. Search witnesses should also be allowed to be present in the place where search is conducted.
They should not be asked to stay outside the place.
11. When search is over, whatever the items are recovered during the time of search a list has to be
prepared.
12. That list should be signed by the officer and the witnesses.
13. A copy of the list should be given to the occupier and his acknowledgment has to be taken.
14. Another copy of the list should be sent to the nearest Magistrate having jurisdiction.

Effect of Non Compliance of Search Procedure:- When the search is conducted by the officer
without following the procedure provided under Section 100 and if the violation leads to grave
injustice to the accused person, such search is considered invalid.
If the violation of search procedure doesn’t cause any injustice to the accused the search is held
valid.
Principles:-
1. The search of the premises of the accused without the accused being compelled is not violative of
his right against self incrimination guaranteed under Article 20(3) of the constitution.
(V.S.Kuttan Pillai Vs. Rama Krishna – 1980 Crl.J 196 SC)
2. Before searching any place, it is necessary that the officer conducting search and the witnesses
must give search of their person to the accused or to the occupant of the place.
(State of Bihar Vs. Kapil Singh – AIR 1969 SC 53)
3. Section 93 empowers the court to issue search warrant. Under this section only the court has to
issue it, not the executive magistrate.
(Clarke Vs. Brazendra Kumar Ray Chowdary – (1912) 39 I.A. 163)

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4. The Magistrate is required to record reasons before issuing the search warrant.
(Shyam Sachya Deva Vs. State – 1991 Crl.J 300 (Del)
5. Section 91 does not include an accused person on trial as he got right against self incrimination or
testimonial compulsion.
(State of Gujarath Vs. Shyamlal – AIR 1965 SC 1251)
6. Section 95 is not against Articles 14, 21 & 19(1)(a) and it is constitutionally valid.
(Bajendra Singh Vs. State of Punjab – 1993 Crl.J 2040 (P&H))
7. A search warrant issued under Section 97 can be executed at any place in India.
(Gyaso Vs. State of Madhya Pradesh – AIR 1957 MP 7)
8. The word document or thing covers a postal or money order also.
(Kailash Chandra Vs Superintendent of Post Offices – AIR 1960 Pune 412)
Section 102 Seizure:- (Power of the police officer to seize certain properties) :
1. Any police officer may seize any property which is suspected to have been stolen or which may
be connected to the commission of the offence.
2. If that police officer is subordinate to the officer in charge of a police station he has to report the
matter of the seizure to the officer.
3. Every police officer who seizes the property must report the seizure to the magistrate having
jurisdiction.
4. If the property seized cannot be conveniently transported to the court, it should be given to the
custody of any person on his executing the bond undertaking to produce that property before the
court whenever required.
5. If the property seized is subject to speedy and natural decay and if the owner of the property is
unknown it can be sold and the sale proceeds should be deposited.
* * *

F. “ ARREST, ARREST WITHOUT WARRANT AND THE RIGHTS OF THE

ARRESTED PERSON ”
Meaning of Arrest:-
Arrest is taking a person into physical custody in connection with the commission of offence
or depriving a person of his personal liberty lawfully in connection with the commission of the
offence or curtailing the personal liberty of a person lawfully in connection with the commission of
offence.
Object of Arrest:- The Supreme court in D.K. Ganesh Babu Vs. P.T. Monokeran & others AIR 2007
SC 1450, explained the object of arrest thus –
Accused should be arrested;
a) To question him on his motive and preparation.
b) To enable the police to conduct investigation freely.
c) To protect the witnesses from any inducements, threats or promises.
d) To maintain law and order.
e) To prevent the disappearance of the accused.
f) To enable the court to conduct trial fairly, justly and reasonably.

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Procedure of Arrest (Sections 46, 41-B)

Prior to 2008 – 2009 amendments, there was only one section explaining the procedure of arrest
i.e, Section 46. By 2008 – 2009 amendments new sections 41-A, 41-B, 41-C &41-D have been
inserted in Cr.P.C out of these sections Section 41-B explains the procedure of arrest.
Dr. D.K. Basu was the legal aid secretary of state of west Bengal. He collected statistics from all
over the country relating to the arrest made by the police and he came to the conclusion that 70% of
the arrests in India are not at all required. So he filed a PIL in the Supreme Court asking it to
explain the fair just and reasonable procedure of arrest. Supreme Court in the case of Dr.D.K. Basu
Vs State of West Bengal (1997) 1 SCC 416 explained the fair just and reasonable procedure of
arrest. Majority of these Points explained by the Supreme Court have been transformed into law by
the parliament.
Section 46 Arrest how made:-
1. As per Cr.P.C police officer has got the power to arrest the accused with or without warrant relating
to the nature of offence.
2. For effecting the arrest of the accused police officer has to touch a part of the body of the
accused and say that he is under arrest, but if accused is a woman and the police officer is a male,
he should not touch her in the name of arrest instead he has to explain orally that she is under
arrest.
3. For arresting the accused police officer can use the minimum force required.
4. But if the accused is involved in the commission of an offence attracting a punishment of death
penalty or imprisonment for life and trying to abscond, police officer can go to the extent of causing
the death of that accused.
5. Wherever possible a woman has to be arrested by a woman police officer.
6. A woman has to be arrested only after sunrise but before sunset.
7. But in emergency if a woman has to be arrested after sunset before sunrise, permission of the
judicial magistrate of I class having jurisdiction is required.
8. As per Section 60-A all the arrests should be made strictly according to the law.
9. Lady police officer should arrest the accused woman. (Amendment to Sec. 46)

Section 41-B Procedure of arrest and duties of the officer making such arrest:-
1. Every police officer while making the arrest of the accused shall bear an accurate, visible and clear
identification of his name.
2. Every police officer arresting the accused shall prepare a memorandum of arrest.
3. Such arrest memo must be counter signed by the arrested person.
4. Such arrest memo shall be attested at least by 1 witness who is the family member of the
arrested person, or by any respectable member of that locality.
5. It is the duty of the police officer to inform the arrested person that he has got the right to pass on the
information of his arrest to any of his near and dear, if there is no family then to the members
available at the time of his arrest.
* * *
ARREST WITHOUT WARRANT (Sections 41, 42, 43 & 44)
Section 41 When police may arrest without warrant:- As per Section 41(1) the following persons can
be arrested by any police officer without warrant.

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1. Any person concerned in a commission of cognizable offence in the presence of a police officer.

2. Any person who is accused of committing a cognizable offence attracting a punishment of

imprisonment up to 7 years with or without fine. But the following conditions must be satisfied –

i) The police officer must be satisfied that the arrest of such person is necessary –

a) To prevent that person from committing any further offence; or

b) For proper investigation of the case; or

c) To see that he doesn’t tamper with the evidence; or

d) To prevent him from making any inducement or threat or promise to the witness or to the
police officer from disclosing the evidence; or

e) To make that persons appearance before the court whenever necessary.

But if the police officer doesn’t arrest such a person he must record reasons in writing for not
making such arrest.

3. Any person who is accused of committing an offence attracting a punishment of imprisonment for
more than 7 years.

4. A proclaimed offender or a thief or a receiver of a stolen property; or

5. A person who obstructs the police officer or who escaped or attempts to escape from lawful
custody; or

6. A deserter of armed forces; or

7. Person who committed an offence outside India but available here in India; or

8. Person who is a released convict and violated any rule under section 356(5) or person for whose
arrest one police officer of one police station makes a request to the police officer of another police
station, that other police officer can arrest him without warrant.

9. As per Section 41(2) subject to the provisions of Section 42 no person concerned in a non-
cognizable offence shall be arrested except under a warrant or order of a magistrate.

Section 42 Arrest on refusal to give name and residence:- Whenever a person is involved in
commission of a non-cognizable offence but refused to give his name and residence when asked by
the police officer who is present there, he can be arrested by that police officer without warrant.

Section 43 Arrest by a private person and procedure on such arrest:-

1. This section authorizes a private person to arrest the accused without warrant.
2. But that accused must be committing a cognizable and non-bailable offence in presence of
that private person; or
3. The accused person must be a proclaimed offender.
4. Such an accused person can be arrested by any private person without warrant.
5. After arresting the accused so, that private person without unnecessary delay must bring that
arrested person to a police officer.
6. If that person is one covered by Section 41, the police officer must re-arrest him and produce him
before the court from that time onwards within 24 hours.

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Section 44 Arrest by magistrate :-
1. This section authorises a magistrate to arrest the accused without warrant.
2. But the accused must be committing the offence in the presence of such magistrate and within his
jurisdiction.
3. Here the magistrate means may be executive or judicial magistrate.
4. Here the offence committed by the accused in the presence of such magistrate may be
cognizable or non cognizable offence it makes no difference.
5. In the circumstances explained above the magistrate can arrest the accused on his own or he may
order any other person to effect the arrest of the accused.
6. But that magistrate must be competent to issue a warrant in those circumstances.
* * *
INSERTION OF SECTIONS 41-A, 41-B, 41-C & 41-D
Section 41-A Notice of appearance before the police officer:-
1. When a police officer is of the opinion that the arrest of the accused is not required under the
provisions of section 41(1), he shall issue a notice to the accused to appear before him at the place
specified in the notice.
2. Such accused person to whom the notice has been served must comply with the terms of notice.
3. Where such accused complies and continues to comply with the terms of notice he shall not be
arrested.
4. But if the police officer is of the opinion that such accused should be arrested, he has to record the
reasons and arrest him.
5. When the accused fails to comply with the terms of the notice or is unwilling to identify himself, such
an accused can be arrested by the police officer for the offence mentioned in the notice.

Section 41-B Procedure of arrest and duties of the officer making such arrest:-
1. Every police officer while making the arrest of the accused shall bear an accurate, visible and clear
identification of his name.
2. Every police officer arresting the accused shall prepare a memorandum of arrest.
3. Such arrest memo must be counter signed by the arrested person.
4. Such arrest memo shall be attested at least by 1 witness who is the family member of the
arrested person, if familiy member is not available by any respectable member of that locality.
5. It is the duty of the police officer to inform the arrested person that he has got the right to pass on the
information of his arrest to any of his near and dear, if there is no family then to the members
available at the time of his arrest.

Section 41-C Control room at districts:-

1. The state government shall establish a police control room in every district and at state level.
2. The state government must cause to be displayed on the notice board kept outside the control
rooms at every districts, the names and addresses of the persons arrested and the name and the
designation of the police officers who made the arrest.
3. The control room at the state police head quarters must maintain a data base about the persons
arrested and the nature of offence for the information of general public.

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Section 41-D Right of arrest person to meet an advocate of his choice during interrogation:-
Every arrested person has got the right to meet the advocate of his choice during interrogation even
though not throughout the interrogation.
Rights of the arrested person:-
1. Right to know the grounds of arrest. (Sections 50, 55, 75 & Article 22(1))
2. Right to know the information regarding his release on bail. (Section 50(2))
3. Right to be produced before magistrate without delay. (Section 76)
4. Right to be produced before the magistrate within 24 hours. (Section 57 & Article 22(2))
5. Right to consult the legal practitioner of his choice. (Sections 303 & Article 22(1))
6. Right to be examined by a medical practioner. (Sections 54)
7. Right to free legal aid. (Sections 304, Article 21, Article 39-A) –
Sukhdas Vs. State of Arunachal Pradesh – (1986) 5 SCC 401.
8. Right to meet friends and relatives inside the prison at fixed timings.
Article 21 – Francis Corallie Mullin Vs. Delhi Administration – AIR 1989 SC 142.
9. Right against hand cuffing.
Article 21 – Ravikanth Patil Vs. D.G.P., State of Maharastra – 1990 (2) Bom LR 242.
10. Right to speedy trial and legal aid.
Article 21 – Hussainara Khaton Vs. Home Secretary, State of Bihar – AIR 1979 SC, 1360.
11. Right of the woman prisoners against custodial violence by male prisoners. (Article 21)
12. Right against 3rd degree methods.
Article 21 – Kishore singh Vs. State of Rajasthan – AIR 1981 SC 625; Dr. D.K. Basu Vs.
State of West Bengal 1997 1 SCC 416.
13. Right against expost facto laws. (Article 20(1))
14. Autrifois acquit, Autrifois convict. (Section 300)
15. Right against double jeopardy. (Article 20 (2))
16. Self incrimination. (Article 20 (3)) or testimonial compulsion. (Section 161, 162 & 163)
17. Right of the arrested person to have the presence of his advocated at the time of interrogation even
though not throughout the interrogation. (Section 41-D)

Additional powers of arrest:-

1. Police officer can search a place for arresting the accused. (Section 47)
2. Police officer can pursue the accused to any place in India for his arrest. (Section 48)
3. To arrest the accused, police officer can seek the assistance of every person or any person.
(Section 37)
4. Police officer can depute his subordinate for arresting the accused. (Section 55)
5. Police officer has got the power to re-arrest the escape. (Section 60)

After Arrest procedure:-

1. Police officer can search the body of the arrested person. (Section 51)
2. On search if the police officer finds any weapons on his body, police officer can seize them.
(Section 52)

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3. Police officer must send the accused for medical examination. (Section 53)
4. Regd. Medical Practioner can use necessary force to examine the accused in rape cases.
(Insertion of 53-A)
5. Police officer has to send a report of all the arrests made from time to time to the District Magistrate.
(Section 58)
6. Person arrested not to be discharged except on bail. (Section 59)
Principles of Arrest:-
1. Accused person cannot claim notice or hearing before arrest is made.
(Ajit Singh Vs. State of Uttar Pradesh – 2007 Crl.J 170 ALL)
2. Person whose control is taken over by an officer lawfully is considered arrest.
(State of Haryana Vs. Dinesh Kumar – AIR 2008 SC 1083)
3. In arrest there must be physical touch between the accused and the police officer.
(Roshan Bai Vs. State of Tamilnadu – 1984 Crl.J 134 (SC))
4. Supreme Court laid down elaborate guidelines relating to arrest in
( Dr. D.K. Basu Vs. State of West Bengal 1997 1 SCC 416 )
5. Information relating to the arrest of the accused person must be conveyed to his friends or relatives
or other well-wishers.
(Jogender Kumar Vs. State of Uttar Pradesh – AIR 1994 SC 1172)
6. Eleborate Guidelines have been given relating to Sec. 41A of Cr.P.C by the Supreme Court.
( Arnesh Kumar Vs. State of Bihar - AIR 2014 SC 2756 )
7. Under Sec. 41, even for cognizable offence arrest is not mandatory.
( Satender Kumar Antil Vs. CBI, AIR 2022 SC 3386 )
8. The courts will have to satisfy themselves on complaince of Sec. 41 & 41A of the code. Any non-
compliance would entitle the accused for grant of Bail.
The investigating agencies and their offences are duty bond to comply with the mandate of Sec. 41
and 41A of the code and the directions issued in -
( Arnesh Kumar Vs. State of Bihar - AIR 2014 SC 2756 )
any derelication on their part has to be brought to the notice of the higher authorities by the court
followed by appropriate action.
State governments and Union territories to facilitate standing orders for the procedure to be followed
under Sec. 41 and 41A of the code.
( Satender Kumar Antil Vs. CBI, AIR 2022 SC 3386 )
9. While Sec. 53A of Cr.P.C. enables the medical examination of the accused in rape cases, Sec. 164A
of Cr.P.C. enables the medical examination of the victim of rape.
( Chotkau Vs. State of UP AIR 2022 SC 4688 )
10. Under Sec. 53A in cases, where the victim of rape is allied and is in a position to testify in the court,
it may be possible for the prosecution to take a chance but not medically examining the accused.
But, in all cases where the victim is dead and the offence is sort to be established only by
circumstantial evidence, medical evidence assumes great importance.
( Chotkau Vs. State of UP AIR 2022 SC 4688 )
11. Courts will have to adopt the procedure in issuing summons first, theirafter a bailable warrant of
arrest and then, a non bailable warrant of arrest may be issued.
Issuing non - bailable warrants as a matter of course without due application of mind against the
tenor of sections 87 and 88 of code.
( Satender Kumar Antil Vs. CBI, AIR 2022 SC 3386 )
* * *
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G. “ BAIL ”
1. Where granting of bail is mandatory or compulsory. (Sections 436, 436-A, 437(2), 437(6), 437(7) & 167(2))
2. Position of bail in case of non-bailable offences. (Section 437)
3. Anticipatory Bail. (Section 438)
4. Special powers of Court of Session or High Court regarding bail. (Section 439)
5. Principles of Bail.
6. Principles of Anticipatory Bail.
Introduction
Meaning of Bail:- Bail is the security shown by the accused person to the court with the assurance that
in case he is released he is ready to appear before the court whenever called otherwise he is ready to
forego the bail bonds executed by him.
Constructive resjudicata is not applicable to bail petitions.
Object of granting bail:- Bail should be granted to the accused for the following reasons –
a) As accused is presumed to be innocent.
b) To enable the accused to prepare his defence.
c) To make the accused take care of his dependants, bail should be granted.
d) To protect his fundamental rights to personal liberty under Article 21.
Explain the cases where granting of bail is mandatory or compulsory. (Sections 436, 436-A,
437(2), 437(6), 437(7) & 167(2))
Section 436 In what cases bail to be taken:-
1. In case of bailable offences court must grant bail to the accused person subject to the fulfillment of
necessary bail bonds by the accused.
2. In case of bailable offences court doesn’t have the discretion, it should grant bail to the accused.
3. In case of bailable offences police can also grant bail which is known as police bail or station
bail.
4. In case of bailable offences bail can be sought from the court even orally.
5. While granting bail in case of bailable offences conditions should not be imposed by the officer or
the court.
6. If the accused is a indigent person and he is unable to furnish the surety instead of taking bail
from such person the officer or the court must discharge him on his personal bond without
sureties for his appearance from then onwards. this bail is popularly known as self bail.
7. As per the explanation of this section when the accused is unable to give bail within a week from the
date of his arrest it shall be a sufficient ground for the officer or the court to presume that he is a
indigent person for the purpose of this section.
Section 436-A Maximum period for which an under trial prisoner can be detained:-
1. When the accused person remains inside the prison as an under trial prisoner for a period
extending up to one half of the maximum period of the imprisonment specified for that
offence, he shall be released by the court on his personal bond with or without sureties.

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2. For the application of this Section 436-A the punishment for the offence alleged to have been
committed by the accused should not be death penalty as one of the punishments specified under
the law.
3. But if the public prosecutor shows valid reasons for the continued detention of that accused for a
period longer than one half of the said period the court may order his further detention.

Section 437 When bail may be taken in case of non-bailable offence:-

i) As per Section 437 (2) if it appears to the police officer or to the court at anytime of investigation,
inquiry or trial that there are no reasonable grounds for believing that the accused has committed a
non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, and pending
such inquiry the police officer or the court must release him on bail on his bond without sureties.
ii) As per Section 437(6), if the non-bailable offence triable by magistrate and after the
commencement of the trial if it is not concluded within a period of 60 days from the first date fixed
for taking evidence in the case, the accused in custody shall be released on bail unless there are
valid reasons.
iii) As per Section 437(7), If at any time after the conclusion of trial of the accused for a non-bailable
offence and before delivering the judgment, the court is of the opinion that they are no valid reasons
for believing to be guilty of the offence pending the delivery of the judgment, the court shall release him on bail.

Section 167 Procedure when investigation is not completed within 24 hours:-

1. As per Section 57 of Cr.P.C. investigation is expected to be completed within 24 hours.
2. If the investigation is not completed so, the procedure to be followed has been explained by this
section 167.
3. As per Section 167(2) when the investigation is not completed within 24 hours in cases attracting
death penalty or imprisonment for life or imprisonment for not less than 10 years as punishment, the
investigation should be completed at least with in 90days.
In all other cases investigation has to be completed at least within 60 days.
4. If the investigation is not completed within 90days or 60days as the case may be, the accused
person is entitled to claim bail as a matter of right. this bail is popularly known as default bail or order
on default or mandatory bail or statutory bail.

Section 437 When bail may be taken in case of non-bailable offence:-

Explain how the court has to exercise the discretion in deciding the bail petitions in case of non
bailable offences.
In case of non-bailable offences court has got the discretion to grant or not to grant bail. but that
discretion should not be exercised by the court on the basis of its whims and fancies.
Supreme Court explained certain factors that should be taken into account while deciding the bail
petitions. The apex court explained those principles in the cases of -
Jayendra Saraswathi Swamigal Vs. State of Tamilnadu 2005 Crl.J 883 (SC) and In Sanjay
Chandra Vs. C.B.I (2012) 1 SCC40 (2G Spectrum scam case) and In Y.S. Jagan Mohan Reddy
Vs. C.B.I. Hyderabad 2013 Crl.J 2734 (SC).
The factors are -
a) Nature of accusation.
b) Nature of evidence.
c) The severity of punishment.

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d) Character of the accused.
e) Circumstances which are peculiar to the accused.
f) Reasonable possibility of accused absconding if released on bail.
g) Larger public interest.
h) Age, sex and health of the accused.
i) Reasonable possibility of accused threatening or inducing the witnesses.
All the above factors should be taken into account by the court at the time of deciding the bail
petition of the accused.

Analysis of Section 437:-

Section 437 deals with the bail in case of non-bailable offences. even though an offence is non-
bailable in nature by exercising its discretion court can grant bail. but there are certain cases where
bail is not to be granted by the court. Section 437 is applicable to the bail petitions pending the
magistrate court. This section is not applicable to the High Court or Court of Session.
As per Section 437 -
1. There is no bail to a person accused of committing a offence attracting a punishment either
death penalty or imprisonment for life.
But when the accused is woman or a child under the age of 16 years or a sick or infirm person,
court may grant him bail.
2. There is no bail if the accused is involved in a cognizable offence and he had been previously
convicted of an offence attracting a punishment of 7years or more.
But when the accused is woman or a child under the age of 16 years or a sick or infirm person,
court may grant him bail.
3. There is no bail to a person who had been previously convicted on 2 or more occasions for a
cognizable offence punishable with imprisonment for 3years or more but not less than 7 years.
But when the accused is woman or a child under the age of 16 years or a sick or infirm person,
court may grant him bail.
4. As per Section 437(3) conditional bail can be granted in case of the following offences -
a) When a person is accused of an offence punishable with an imprisonment which may extend to
7 years or more.
b) When a person is accused of the offences under the chapters -
i) Offences against the state.
ii) Offences against human body.
iii) Offences against property.
He can be granted conditional bail.
c) Person accused of abetment or conspiracy or attempt to commit any of the offences
mentioned under the above chapters can be granted conditional bail.
The conditions that can be imposed are -
a) The person granted bail must attend the court regularly.
b) The person granted bail shall not commit an offence similar to an offence of which he is
accused.

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c) Person granted bail should not use any inducement, threat or promise directly or indirectly to
influence the witnesses.
5) As per Section 437(5) conditional bail can be cancelled by the court when the accused violates any
of those conditions.
The conditions mentioned above under Section 437(3) are only illustrative in nature not
exhaustive so in a given case court may also impose any other condition as it considers
necessary.

Section 438 Directions for grant of bail to person apprehending arrest (Anticipatory Bail):-
1. Anticipatory Bail is an order given by the court directing the police to release the accused
immediately in the event of his arrest.
2. Anticipatory Bail can be granted only by the High Court or Court of Session.
3. Concurrent Jurisdiction is available for both the courts.
4. It is for the party to choose either of the courts for moving Anticipatory Bail petition.
5. Anticipatory Bail can be granted only in case of Non-bailable offences.
6. Persons seeking Anticipatory Bail must explain to the court that he is apprehending arrest in
connection with the commission of non-bailable offence where the allegation is false.
7. At the time of deciding the Anticipatory Bail petition status of the parties should not be taken into the
account.
8. The object of Anticipatory Bail is to protect the poor persons from the false cases that may be filed
against them by their influential rivals.
9. Even when Non-bailable-warrant is pending against the accused, court can grant Anticipatory Bail.
10. The power under Section 438 is unabridged, un channelized power so it should be used sparingly.
11. Whatever conditions can be imposed at the time of granting ordinary bail the same conditions can
be imposed at the time of granting Anticipatory Bail.
12. When any of the conditions imposed by the court is violated the Anticipatory Bail is liable to be
cancelled.
13. The Supreme Court maintained that it is better not to grant Anticipatory Bail in those cases
where the punishment is death penalty or imprisonment for life, unless the allegation seems to
be totally false.
14. Further the court said that it is better not to grant Anticipatory Bail in dowry death cases unless
the allegation seems to be totally false.
15. The Apex Court further held that it is better not to grant Anticipatory Bail in corruption cases
and in financial scams unless the allegation seems to be totally false.
16. Blanket order of Anticipatory Bail should not be granted.
17. Section 18 of SC/ST (Prevention of Atrocities) Act clearly says that Section 438 of Cr.P.C is not
applicable to the offences under this Act.
18. In Uttar Pradesh there is no question of Anticipatory Bail.

Section 439 Special powers of High Court or Court of Session regarding bail:-
1. A High Court or Court of Sessions may grant conditional bail to a person accused of offence
specified in Section 437(3) by imposing necessary conditions.

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2. High Court or Court of Sessions has got the power to set aside any condition imposed by the
magistrate while granting bail in a case.
3. When the person is accused of an offence which is triable exclusively by the Court of Session or
which though not so triable, is punishable with imprisonment for life, before granting bail the High
Court or the Court of Sessions must give notice to the public prosecutor unless it is impracticable.
4. High Court or Court of Sessions can cancel the bail granted by the magistrate or by either of them
and order the arrest of the accused and commit him to custody.

Principles of Bail:-
1. Bail is the rule and jail is an exception in India.
(State of Rajasthan Vs. Balchand - 1978 Crl.J 195 SC) (2G Spectrum Scam Case AIR 2012 SC 830)
2. Refusal of bail is a restriction on the personal liberty of individual guaranteed under Article 21 of the
constitution.
3. Detention of under trial prisoners in jail indefinitely amounts to violation of Article 21 of the
constitution. (2G Spectrum Scam Case AIR 2012 SC 830)
4. Economic offences constitute a separate class and they need to be treated with a different approach
in the matter of bail.
5. Economic offences having deep routed conspiracies and involving huge loss of public money need
to be viewed seriously.
(Y.S. Jagan Mohan Reddy Vs. C.B.I 2013 Crl.J 2734 (SC))
6. Person alleged to be part of criminal conspiracy involving economic offences causing huge loss of
public money cannot be granted bail.
(C.B.I Hyderabad Vs. V. Vijaya sai reddy 2013 Crl.J 3016 (SC))
7. When the accused is alleged to be brain behind the conspiracy and main conspirator in the
commission of economic offences of high magnitude. such persons bail is liable to be cancelled.
(C.B.I Hyderabad Vs. V. Vijaya sai reddy 2013 Crl.J 3016 (SC))
8. Accused is alleged to be involved in enrichment by alienation of crime land by use of deceptive e
means and by misuse of political power, such accused should not be granted bail.
(Nimmagadda Prasad Vs. C.B.I Hyderabad 2013 Crl.J 3449 (SC))
9. Bail system in India is money oriented.
(Hussainara Katoon Vs. Home Secretary, State of Bihar - (1980) SCC (Cri) 23)
10. Constructive resjudicata is not applicable to bail petitions but successive bail petitions without
some change in the circumstances is not permissible.
(State of M.P Vs. Kazad (2001) 7 SCC 673)
11. The provision of bail to a woman or a children under 16 years of age or a sick and infirm person is
mandatory “as may” in the provision to Section 437 Cr.P.C means “shall”. Shakunthala Devi Vs.
State of UP, 1986, CIT 365 (SC)
12. Delay in conducting trial is an important factor which should be taken into account for deciding the
bail petition.
(State of Kerala Vs. Raneef AIR 2011 SC 340)
13. When the accused is involved in the greatest scam of commercial world resulting in serious
setback to the corporate credibility, the bail granted to the accused is liable to be cancelled.
(C.B.I Hyderabad Vs. B. Rama Raju & others 2011 Crl.J 301 (SC)) (Sathyam Ramalinga Raju Case)

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14. When irrelevant considerations are taken by the court into account for granting bail. It is valid ground
for cancellation.
(Subodh Kumar Yadav Vs. State of Bihar AIR 2010 SC 802)
15. When the High Court refuses to grant bail, Supreme Court can grant it.
(Jagannadh Mishra Vs. State of Bihar - 1999 (cri) 3526 SC)
16. Bail has to granted by that court within whose jurisdiction the offence has been committed.
(Salauddin Abdul Samad Shaik Vs. State of Maharastra - (1998) SCC (Cri) 406)
17. The power of police officer to release a person on bail under section 436 is confined to bailable
offences only.
(K. Upendra Reddy Vs. Director General, ACB - 2003 (8) ILD (AP) 209)
18. Supreme Court generally would not interfere in case of bail petitions.
(Hamanshu Chandra Vadan Desai Vs. State of Gujarath -AIR 2005 SC 571)
19. Passing a cryptic order granting bail is not a good practice.
(Ajay K. Sharma Vs. State of Uttar Pradesh - 2005 7 SCC 507)
20. Fact that appellant has been a member of parliament and has already imprisoned for more than 6
years is irrelevant for grant of bail in a triple murder case.
(Rajesh Ranjan Yadav @ Pappu Yadav Vs. C.B.I., - 2007 Crl.J 304 SC)
21. Factors that are to be taken into consideration for grant of bail in case of non-bailable offences were
explained in -
Jayendra Saraswathi Swamigal Vs. State of Tamilnadu 2005 Crl.J 883 (SC)
22. Bail cannot be granted by the court without recording reasons -
Mauji Ram Vs. State of UP (2019)8 SCC 17.
23. It is easier to reject the bail in a non-bailable case then to cancel the bail. Cancellation involves
review of the earlier decision of granting bail, it should be used sparingly.
Delhi Administration Vs. Sanjay Gandhi (1978) 2 SCC 411.
24. Factors for granting or refusing to grant bail have been explained by SC .
Prasad Shrikant Purohit Vs. State of Maharashtra (2018) 11 SCC 458.
25. The discretion available to the court in granting bail should be exercised in a judicious manner and
on the application of certain settled parameters.
Jameel Ahmad Vs. Mohammed Umair Mohammed Haron and anr (2022) livelaw SC 222
26. Sec. 436A of Cr.P.C. is applicable to the special Acts also in the absence of any specific provision
Satender Kumar Antil Vs. CBI AIR 2022 SC 3386
27. Factors to be taken into consideration while deciding the bail petition explained in
Mannu Lal Jaiswal Vs. State of UP AIR 2022
28. The jurisdictional magistrate who otherwise has the jurisdiction to try a criminal case which provides
for a maximum punishment of either Life or death sentence, has got ample jurisdiction to consider
the release of the accused on the bail.
Satender Kumar Antil Vs. CBI AIR 2022 SC 3386
29. Gravity of the offence and the evidence collected during the investigation are to be considered for
granting or refusing to grant bail.
Jayaben Vs. Tejas K. Zala AIR 2022

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Principles of Anticipatory Bail:-
1. Supreme Court gave elaborate guide lines relating to Anticipatory Bail.
(Gurubak Singh Vs State of Punjab - AIR 1980 SC 1962) & (Siddharam Sathlingappa Mhetre
Vs. State of Maharastra AIR 2011 SC 312)
2. Section 438 is constitutionally valid. if there is misuse of the provision it should be stopped but law
cannot be declared invalid because of such misuse.
(Balchand Jain Vs State of Madhya Pradesh - AIR 1977 SC 366)
3. Anticipatory Bail can be granted by the High Court not only under Section 438 of Cr.P.C but also
under Section 482 of Cr.P.C.
(Ram Nivas Vs State of U.P - 1990 Crl.J 460 SC)
4. Presumption of innocence of the accused until he is found guilty is the reason for incorporating
Section 438.
(Siddharam Sathlingappa Mhetre Vs. State of Maharastra AIR 2011 SC 312)
5. Anticipatory Bail cannot be granted for a limited period. it should continue till the end of the trial of
that case unless Anticipatory Bail is cancelled on fresh circumstances.
(Siddharam Sathlingappa Mhetre Vs. State of Maharastra AIR 2011 SC 312)
6. Blanket order of Anticipatory Bail should not be granted. such order defeats the purpose of
Section 438.
(HDFC Bank Vs. J.J. Mannam alias J.M. Johnpaul and another AIR 2010 SC 618) &
(Naresh Kumar Yadav Vs. Ravindra Kumar & others - AIR 2008 SC 218)
7. The differences between ordinary bail and Anticipatory Bail is that in case of Ordinary Bail first
accused is arrested and then bail is granted to him; where as in case of Anticipatory Bail first bail is
granted later accused is arrested, but immediately released.
(D.K. Ganesh Babu Vs. P.T. Manokaran & Others - AIR 2001 SC 1450)
8. When the record of the case shows a stretching finger towards the accused. Anticipatory Bail
should not be granted to such an accused person.
(Director of enforcement Vs. P.V. Prabhakara Rao (Urea Scam) - 1997 Crl.J 4634 SC)
9. Anticipatory Bail granted to a person need not remain for a limited or fixed period, it can continue till
the conclusion of trial, if accused does not violate any of the conditions.
Sushila Aggarwal Vs. NCT of Delhi, 2020.
10. When regular bail of the accused is cancelled, he cannot apply for anticipatory bail.
Manish Jain Vs. Haryana Pollution Control Board, 2020.
* * *

H. “ INVESTIGATION BY POLICE ” (SECTIONS 154 TO 176)

Synopsis:-
1) Introduction
2) FIR and its evidentiary value (Section 154)
3) Examination of witness under Section 161 Cr.P.C and the evidentiary value of those statements
(Sections 160 - 163)
4) Procedure for recording confessions and other statements (Section 164)
5) Procedure where investigation is not completed within 24hours or remand. (Section 167)
6) Case dairy or police dairy or special dairy. (Section 172)

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7) Police report or charge sheet or challan. (Section 173(2))

8) Inquest or panchanama or sava panchayati. (Section 174 & 176)

9) Principles of FIR

10) Principles of Section 161 statements.

11) Principles of Section 164 statements.

Introduction:-

1. As per Section 2(h) investigation includes all the proceedings under this court for the collection of
evidence, conducted by a police officer or by any person (other than a magistrate) who is
authorised by a magistrate in this behalf.

2. Investigation is the process followed by the police officer or by any other authorized person for the
collection of evidence.

3. Investigation should never be conducted by a magistrate; inquiry should be conducted by the

magistrate or court; inquest should be conducted by the magistrate.

4. Investigation is conducted in cognizable offences by the police officer on his own without being
directed by the magistrate.

5. Investigation can be conducted by a police officer even in case of non-cognizable offences when
directed by a magistrate.

6. The Supreme Court in H.N. Rish Bud Vs Delhi Administration AIR 1955 SC 196 and also in
State of Madhya Pradesh Vs. Mubarak Ali AIR 1959 SC 707 explained the 5 stages involved in
the process of investigation thus:

a) After recording the FIR the police officer immediately must go to the place of the offence.

b) After going to the place of the offence the police officer has to ascertain the facts and
circumstances under which the offence has been committed by the accused person.

c) After ascertaining the facts and circumstances thus, if possible the police officer must identify
and arrest the accused person.

d) Collection of evidence:- The 4th stage is the heart and soul of the investigation collection of
evidence by the police officer is done in 2 methods:-

i) By examining the witnesses under Section 161 Cr.P.C and by recording the statements of
those witnesses.

ii) By conducting searches of various places used by the accused and by identifying the
incrimination goods used by the accused for committing the offence.

e) After collecting the evidence as explained above, the police officer has to analyze and interpret
the evidence to see whether there is a valid case against the accused or not .

If the police officer finds sufficient evidence against the accused, he must forward a report to
a magistrate competent to take cognizance of the case. This report is popularly known as
police report or charge sheet or challan.

After the completion of investigation if the police officer is of the opinion that there is no case
against the accused, he must forward to the magistrate a report. This report is popularly known as
final report or closure report or referred chart or summary.

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7) Various ways of starting investigation:-

1) In majority of the criminal cases police officer starts the investigation on the basis of FIR
recorded as per Section 154 of Cr.P.C. So FIR is considered a document which sets the
criminal law in motion.
2) Sometimes a magistrate may direct investigation by a police officer into a non-cognizable
offence. Then police officer has to conduct such investigation as per Section 155(2) of Cr.P.C.
3) Sometimes a complaint may be made by the aggrieved person to magistrate relating to a
cognizable offence. In such a case magistrate may direct investigation into that cognizable
offence. Then the police officer has to conduct investigation as per Section 156(3) of Cr.P.C.
4) When the police officer comes to know the commission of offence on his own he can start the
investigation suomoto (on his own) as per Section 157 of Cr.P.C.
* * *

Explain FIR and its evidentiary value (Section 154)

1. FIR is recorded only in case of cognizable offences.
2. When a person gives the first information relating to the cognizable offence, that information is
recorded as FIR by the officer in charge of police station.
3. Person giving first information is known as informant.
4. Informant may give the information either orally or in the written form.
5. Officer in charge of the police station has to record FIR.
6. For recording FIR in AP & Telangana even a senior constable present at the police station is
also considered as officer in charge of the police station. But he should not conduct
investigation.
7. If FIR is given orally or in the statement form the gist of that FIR should be entered into a dairy by a
police officer that dairy is known as general dairy or station dairy.
8. FIR should be written in English in A.P and Telangana as it is the court language.
9. FIR prepared by the police officer should be signed by him.
10. As per Section 154(2) a copy of the FIR should be given free of cost to the informant.
11. When the police officer refuses to record FIR saying that the information given by the informant
doesn’t have any substance. Then aggrieved informant has to send the same information to the
superintendent of police of the District.
12. If the Superintendent of police is satisfied with the information he may investigate the information on
his own or he may depute another police officer to conduct investigation.
13. FIR contains the names of the accused, victim, witnesses and time and place of the offence, that
FIR is considered absolutely credible. But FIR need not be an encyclopedia of crime,
one or the other particular may not be in FIR still it is considered valid.
14. A cryptic telephone message is not considered FIR.
15. At present FIR may be given by using the electronic means but when the FIR is prepared by that
officer then informant must come to the police station and sign the FIR prepared by the police
officer.
16. FIR to be credible and must be given immediately after the commission. If there is any delay it has to
be explained satisfactorily by the public prosecutors to the court. Then delay is condonable.

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17. Some times it so happens, that several persons at a time come to the police station for giving the
first information then police officer has to use his discretion and record only one of those statements
as FIR and the remaining statements should be written as Section 161 Cr.P.C of statement of
witnesses.
Evidentiary Value of FIR:-
1. FIR is a public document.
2. FIR is not substantive evidence.
3. FIR can be used by the prosecutor to corroborate the open court statement of the informant as per
Section 157 of Indian Evidence Act.
4. FIR can be used by the defense lawyer to contradict the open court statement of the informant as
per Section 145 of Indian Evidence Act.
5. FIR is relevant under Section 8 of Indian Evidence Act.
6. Of all the statements recorded by the police officer FIR alone is considered to be evidence for
the prosecution as it is recorded before the commencement of investigation.
7. Where FIR given by the victim and subsequently if the FIR becomes dying declaration. Then it is
considered to be good evidence for the prosecution but still requires corroboration.

Explain examination of witnesses by police officer and the evidentiary value of those
statements. (Sections 160 - 163)
Section 160 Police officers power to require the attendance of witnesses:-
1. Police officer investigating a cognizable offence has got the authority under this section to pass the
written order requiring the attendance of witnesses to record their statements.
2. Witness must be a person well acquainted with facts and circumstances of the case and he must
be residing within the limits of that police station where the investigation is being conducted or
residing within the jurisdiction of the adjoining police station.
3. A witness must be competent to testify.
4. Competency of witness has been explained under Sections 118, 119 & 120 of Indian Evidence
Act.
5. The essence of this sections is that witness must be capable of understanding the questions
posed to him and give correct answers.
6. If a person is unable to understand the questions posed to him because of his extreme tender age or
because of his extreme old age or insanity or infirmity, that person will not be recognized to
be a witness.
7. When a witness is a woman or child under 15years of age or a sick or infirm person or a
person above 65 years of age, such persons should not be called to the police station to give
evidence, instead the police officer should go to the place of those witnesses and record their
statements.

Section 161 Examination of witnesses by police:-

1. The investigating police officer or any other police officer authorized by the state government may
examine orally the witnesses.
2. As per this section the expression any person includes even the accused person.
3. The witness or the accused person must give the information known to him. But he need not give
any statement that may incriminate him.

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4. The examination of accused person under this section is popularly known as interrogation.

5. When the accused is examined under this section he should explain about his right against self
incrimination or testimonial compulsion.

6. A witness is required to give the answers known to him. If he doesn’t give the known information he
is prosecutable and punishable under Section 179 IPC.

7. If a witness gives false evidence he is prosecutable and punishable under Section 193 IPC.

8. As per Section 41-D at present when the accused is interrogated by the police officer he can have
the presence of his advocate.

9. In Nandini Satapathi’s case Supreme Court gave guide lines relating to the procedure of examining
the accused person under this section.

a) Before the examination of the accuse he has to be observed by the lawyer or doctor or
magistrate and such person has to record his impression of the accused.

b) Accused person can have the presence of his lawyer at the time of interrogation.

c) Accused should be given reasonable time to call his lawyer.

d) Police will have to explain the accused his right to remain silent or his right against self
incrimination or testimonial compulsion.

e) Secluded audience has to be given to the accused by his lawyer or magistrate or doctor after his
examination.

f) The lawyer or doctor or magistrate must record briefly his conversation with the accused. That
record should be sent to the nearest magistrate.

Section 162 Statements to police not to be signed; use of statements in evidence:-

1. A statement given by any person under section 161 is not be signed by that person.

2. Section 161 statements recorded by a police officer are not evidence to the prosecution. The
reason is that the police recording the statements are one of the parties to the case. If they are
asked to record the statements of the case, they are expected to record only those statements that
are given against the other party. It amounts to bias, which is not allowed by the principles of natural
justice.

3. But Section 161 statements can be used by the defence lawyer for contradicting the prosecution
witnesses. As per Section 145 of Indian Evidence Act.

4. But, when the prosecution witness turns hostile at the time of trial, he can be cross examined by the
prosecutor in the open court on the basis of his Section 161 statement given to the police.

5. If the statement recorded by the police officer under Section 161 from the victim and if the victim
dies subsequently, that Section 161 statement is considered as dying declaration under
Section 32(1) of Indian Evidence Act; then that statement can be used by the prosecutor to support
his case.

6. In the same manner if Section 161 statement is recorded from the accused person and if contains
confession and if it leads to the discovery of any material object used by the accused person, to that
extent the statement can be used by the public prosecutor under Section 27 of Indian Evidence Act.

7. As per the explanation of this section an omission to state a fact in the statement given under this
section is considered contradiction.

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Section 163 No inducement to be offered:-
1. No police officer or other authority should offer any inducement threat or promise to the witnesses or
to the accused person.
2. Statements under Section 161 should be recorded if given voluntarily by the accused or witnesses.
3. When a person comes forward to give a statement under Section 161 Police Officer should not
refuse to record that statement.
Important Case :
In Smt.Selvi Vs. State of Karnataka AIR 2010 SC 1974 Supreme Court explained the ambit and
scope of right against self incrimination thus:
1. Right against self incrimination is available to the accused person, suspected person and even to
witnesses.
2. This right is available even at the stage of investigation.
3. Statements made in police custody should not be considered evidence.
4. Compulsory exposure of person to Narco-analysis test violated Article 20(3) of the constitution.
5. Lie ditector test, polygraph or brain mapping test or violative of the right guaranteed under
Article 20(3) of the constitution.
6. But DNA profiling of the accused is valid.
7. Right to remain silent is not part of Article 19(1)(a) of the constitution. But this right is guaranteed
under Article 21 of the constitution.

Section 164 Recording of confession and statements:-

1. Under Section 164 confession statements and other statements can be recorded by the concerned
magistrates.
2. Under this Section 164, the confession or any other statement can be recorded by any Metropolitan
Magistrate or Judicial Magistrate. Such magistrate may or may not be having jurisdiction over
that case.
3. Under this section confession or the other statement is recorded by the concerned magistrate at
any time in the course of investigation but before the commencement of the inquiry or trial.
4. Confession means admission of guilt voluntarily by the accused person.
5. As per Section 25 of Indian Evidence Act a confession recorded by a police officer is
inadmissible as evidence, so this section authorize the Metropolitan Magistrate or Judicial
Magistrate to record the confession or any other statements like the statements of witnesses.
6. When accused is brought before the Metropolitan Magistrate or Judicial Magistrate, such magistrate
should not immediately proceed to record the statement, instead the accused must be sent for
judicial custody at least for a day.
7. Later when the accused is brought before the magistrate he must administer him a warning to the
effect that -
a) Mr. Accused you need not give the confession.
b) If you give the confession it will be used against you.
c) Afterwards you will not be allowed to retract (i.e., To take back) it.
d) So decide for yourself whether to give or not to give confessional statement.
e) Don’t worry about the police, I will take care of them. etc..,

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8. Even after hearing such warning, if the accused is still ready the Metropolitan Magistrate or Judicial
Magistrate must pose some more questions to ensure that he is sane. Then the magistrate has to
ask the accused whether he wants to confess in a statement form or in question and answer form. If
the accused wants to give a statement is should be recorded by Magistrate Verbatim.
9. When the Metropolitan Magistrate or Judicial Magistrate comes to the conclusion that he is giving the
confession voluntarily because of his conscious, he must proceed to record it as per
Section 281 of Cr.P.C.
10. The object of administering warning to the accused is to ensure the voluntariness of the confession.
11. After recording the confession the magistrate must prepare a memorandum saying that he
followed the procedure under Section 164 Cr.P.C. and the criminal rules of practice of the
concerned state and in his opinion the confession is quite voluntary.
Then he must sign the memorandum and put the seal of the court and date of recording it.
12. For recording the confession under Section 164 the Metropolitan Magistrate or Judicial Magistrate
should not administer oath. But the signature of the accused should be taken on the
confessional statement.
13. Then the confession so recorded by the Metropolitan Magistrate or Judicial Magistrate must be sent
immediately to the court having power to conduct the trial of the case.
14. Under Section 164 the Metropolitan Magistrate or Judicial Magistrate can record even the other
statements like the statements of witnesses.
15. For recording the statement of witnesses oath should be administered by the concerned
magistrate and the signature of the witness should be taken on the statement.
16. When it comes to the recording of witness statements here no need to administer of warning.
17. Statements other than confession should be recorded in the manner provided for recording the
evidence.

Section 167 Procedure when the investigation is not completed within 24 hours:- (Remand)
1. This section explains the procedure to be followed in case where the investigation is not completed
within 24 hours.
2. Section 57 of Cr.P.C says that arrested person must be produced before the court with in 24 hours.
It means investigation has to be completed within 24 hours.
3. If investigation is not completed within 24 hours as per Section 167(2), investigation into serious
offences attracting a punishment of not less than 10 years imprisonment with in 90days; in all
other cases investigation has to be completed within 60days.
4. It means accused can be remanded maximum for 90days or 60days as the case may be.
5. If the investigation is not completed within that time of 90 days or 60 days accused is entitled to
claim bail as the matter of right.
6. This bail is known as order on default or default bail or statutory bail or mandatory bail.
7. The 90 days or 60 days remand or custody can be ordered by the judicial magistrate within whose
jurisdiction the offence has been committed.
8. The remand or custody of the accused at maximum can be up to 15days at a time.
9. In custody or remand there are of 2 types i.e., police custody and judicial custody.
10. If at all the police custody is ordered by the magistrate, it should be in the first 15days only.

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11. For the remaining 75 days or 45 days as the case may be the accused must be sent for only judicial
custody.
12. For avoidance of doubts it is here by declared that notwithstanding the expiry of the said period of
90 days/60days as the cased may be, the accused shall be detained in custody so long as, he
doesn’t furnish bail.
13. No magistrate shall authorize the detention in any custody under this section unless the accused is
produced before him.
14. No Magistrate of II class not specifically empowered in this behalf by the High Court shall
authorize detention in the custody of police.
15. The period of 90days or 60days is counted from the date of remand, not from the date of arrest.
16. If the local magistrate is not available to order the custody of the accused he should be produced
before the executive magistrate of that area.
17. That executive magistrate can order the remand of the accused at maximum for 7days that too
after recording the reasons.
18. If the local magistrate is not available even after 7days, the accused should be produced in the
court of the neighbouring magistrate.
19. When the magistrate other than Chief Judicial Magistrate order the remand a copy of it must be sent
to the Chief Judicial Magistrate.

Section 172 Case Diary (or) Special Diary (or) Police Diary (Diary of proceedings in investigation):-
1. In each and every case investigated by the police officer opens a fresh diary which is popularly known
as Case Diary (or) Police Diary (or) Special Diary.
2. This case diary basically consists of 2 parts. 1st part of the case diary is a confidential document
which need not be shown to any person except court; 2nd part of the case diary is a open
document any one can inspect it.
3. In the 1st part of the case diary the investigating officer has to enter the day to day proceedings of
investigation like –
a) Time at which first information reached him.
b) Time at which he began and closed his investigation.
c) The place or places visited by him.
d) The names of the witness and their addresses.
e) The time and place of arrest of the accused.
f) Whether he has been granted bail or not, if granted with or without sureties.
g) Statements of circumstances ascertained to his investigation. etc..,
4. The second part of the case diary consists of complete evidence gathered by the police officer
during the course of investigation.
5. Case diary is not a evidence. It is useful for the court to see the progress of investigation of the
case.
6. If a page of the first part of the case diary is shown to the police officer by the court at the time of trial
the same facility must be extended to the defence lawyer.
7. A copy of the case diary should be deposited in the court along with the report submitted under
Section 173.

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Section 173(2) Police Report, Charge Sheet or Challan:-
1. As per Section 2(r) police report means a report forwarded by a police officer to a magistrate
under sub section 2 of Section 173 of Cr.P.C.
2. Every investigation shall be completed without unnecessary delay.
3. When the police officer after the investigation is over is of the opinion that there is sufficient evidence
against the accused to prove his guilt he forwards a report to a magistrate which is known as police
report, or charge sheet or challan.
4. The investigation into the rape of a child may be completed by a police officer with in 3months
from the date on which FIR was recorded.
5. Section 173(2) says as soon as the investigation is completed by the police officer he must forward
the report to a magistrate having power to take the cognizance of the case.
This report should be prepared by the police officer in the form prescribed by state
government. In that report the following particulars should be mentioned –
a) The names of the parties.
b) The nature of information.
c) The names of the witnesses.
d) Whether any offence appears to have been committed or not, if so by whom.
e) Whether accused has been arrested or not.
f) Whether accused has been released on bail, if so with or without sureties.
g) Whether the accused has been forwarded in custody under section 170 Cr.P.C.
h) Whether the report of the medical examination of the woman has been attached in case of
offences under Section 376, 376-A to 376-E of I.P.C.
The police officer must communicate the action taken by him to the informant who gave first
information.
6. If the report has to be sent by the police officer through the superior police officer to the magistrate
and if that superior police officer is not satisfied with such report he may direct the investigating
officer to make further investigation.
7. When the report is in respect of a case to which Section 170 Cr.P.C. (where evidence is
sufficient) applies the police officer must forward to the magistrate along with the report –
a) all documents on which the prosecution proposes to rely.
b) The statements recorder under Section 161 of all the witnesses whom the prosecution
proposes to examine as its witnesses.
8. If the police officer is of the opinion that a particular document in the police report should not be
shown to the accused, he may request the magistrate to that effect. If the request is considered
genuine magistrate may not show such document to the accused.
9. Where it is convenient to the police officer, he may give the copy of the police report to the accused.
10. After filing the police report before the magistrate, if the Investigating officer finds further evidence he
may conduct further investigation till the evidence is completely exhausted.
11. If the Investigating officer submits a report under Section 173 as per Section 169 of the code,
that report is to be considered final report or referred report or summary or closure report. But
when the Investigating officer forwards a report under section 170 submitted under section
173(2), that report has been discussed is known as charge-sheet or challan or police report.
12. Even if the investigating officer does not furnish the copy, court has got the duty to furnishing the
copies of charge sheet to all the accused at free of cost.

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Principles of Section 173(2):-

1. Of various reports submitted by the police from time to time the one that submitted under Section
173(2) is called as charge sheet.
(Kamal Lochen Singh Vs. State of Orissa – (1982) 54 CLT 509)
2. There is nothing in Section 173(8) Cr.P.C. to suggest that court is obliged to hear the accused
before the direction is given to the police to conduct further investigation.
(Sri Bhagawan Samartha Sri Pada Vallabha Venkata Viswanada Maha Raj Vs. State of Andhra
Pradesh – AIR 1999 SC 2332)
3. Further investigation can be taken up by police even, after cognizance is taken on police report.
(Dinesh Dalmia Vs. CBI., -AIR 2008 SC 78)
4. Right to be released on bail is lost once the charge sheet is filed.
(Dinesh Dalmia Vs. CBI., -AIR 2008 SC 78)
5. When the investigation is considered as defective by informant he can file protest petition, which can
be considered as private complaint.
(Sanjay Bhansal & others Vs. Javajarla Vats & others AIR 2008 SC 207)
6. The expression charge sheet or final report is not used in the code, but it is understood in the police
manuals of several states. Charge sheet is to be a report by police submitted under Section 170
Cr.P.C.
In case of report under Section 169 which is filed when there is no sufficiency of evidence, it is
termed as referred charge or final report or summary or closure report.
(Minoo Kumari Vs. State of Bihar – 2006 Crl.J 2468 SC) & (Javajarla Vats & Others – AIR 2008
SC 207)
7. Accused person got the right to claim all documents which accompany the final report or police
report. But he cannot claim to have the copy of case dairy.
(CBI Vs. Mohindar Singh – (2004) 13 SCC 578)
8. When the Investigating officer submits a referred charge or summary, no authority can direct him to
file a charge sheet.
(Mutharaju Satyanarayana Vs. Government of Andhra Pradesh – 1997 (3) Crimes 408 (A.P))
9. Final report, is nothing but a piece of evidence. It forms a mere opinion of the investigating officer on
the materials collected by him.
The final report itself cannot be termed as a substand to piece of evidence. It is a collective opinion
of the investigating officer.
Rajesh Yadav Vs. State of UP AIR 2022 (3) SCALE 135
10. Where the magistrate is off the opinion that the investigation report is not satisfactory, him a order
investigation under Sec. 156(3) and / or 173(8) of Cr.P.C. or him a straight away take cognizance
U/Sec. 190 (1) (c) of Cr.P.C.
Devender nath singh Vs. State of BIHAR AIR 2022 SC 5344.

Sections 174 & 176 Inquest or Panchanama or Shava Panchayathi:-

1. Inquest is the process followed by the magistrate to identify the external features of the body of
deceased.
2. Post mortem report is the report that explains the internal damage that led to the death of the
deceased.
3. Sections 174 and 176 deals with inquest. Inquest is popularly known as “Panchanama” or
“Shava Panchayathi”.
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4. Section 174 has got 2 parts. The 1st part deals with the inquest conducted by police officer into
unnatural deaths, suspicious deaths and into deaths caused by the machines or animals.
5. The 2nd part of Section 174 deals with inquest into the death of a married woman within 7years of
marriage. Here the inquest is conducted by any Executive Magistrate or District Magistrate or
Sub-divisional Magistrate or any other Executive Magistrate authorized by State government.
6. As per Section 176 inquest into lockup deaths within the police station has to be conducted by the
Judicial Magistrate of I class in the presence of the relatives of the deceased.
7. Whenever inquest is conducted it should be conducted in the presence of 2 witnesses they are
known as panch witnesses.
8. Inquest report prepared by the officer must be sent along with the dead body to the doctor who
conducts the postmortem of the dead body.
9. As per Section 175 Police got the power to summon the witnesses to be present at the time of
inquest.
10. Inquest report contains the information such as –
a) Name of the deceased and his parentage and address.
b) Name of the accused and his parentage and address.
c) Shape of the body whether routine or swollen.
d) Nature of injuries on the body of the deceased whether deep or lascuated or petrified.
e) Position of the dead body.
f) External belongings on the body.
g) Colour of clothes and description etc..,
Principles of Inquest : Inquest report is not substantive evidence. The object is to find out whether a
person who is died under suspicious circumstances, what may be the apparent cause of his death.
Pappu Tiwary Vs. State of Jharkhand AIR 2022 SC 758.

Principles of FIR:-
1. Preliminary inquiry before the registration of FIR is necessary in cases like –
a) Matrimonial disputes/ Family disputes.
b) Commercial offences.
c) Medical negligence cases.
d) Cases where there is abnormal delay or latches in initiating prosecution.
(Lalitha Kumari Vs. Government of U.P and others 2014 Crl.J 470 (SC))
2. In Lalitha Kumari Vs. Government of U.P and others 2014 Crl.J 470 (SC) held the following
principles –
a) FIR is the first step to access the justice for a victim.
b) FIR sets the criminal process in motion and it is well documented.
c) FIR Upholds rule of law as even a ordinary person can also bring to the notice of police the
information relating to cognizable offence.
d) FIR facilitates strict investigation and sometimes prevention of crime.
e) Registration of FIR before conducting investigation is the procedure established by the law.
g) Compulsion to register FIR does not offend Article 21.

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h) FIR ensures transparency in the criminal justice system.
i) Recording of FIR is mandatory because of the word shall under Section 154.
3. Registration of Second FIR in the same police station for the same offence against the same
accused is not permissible.
(Akbaruddin owaisi Vs Government of A.P. 2014 Crl.J 2199 (AP))
4. Delay in lodging FIR is not always a ground to disbelieve the prosecution case, if properly explained.
(Kanhaiyalal & others Vs. State of Rajasthan 2013 Crl.J 2921 (SC))
5. FIR has to be registered once a complaint has been made against a police of culpable homicide.
(Rohtash Kumar Vs. State of Haryana 2013 Crl.J 1518 (SC))
6. In a Gang rape case reasonable explanation of delay is condonable.
(Om Prakash Vs. State of Haryana – AIR 2011 SC 2682)
7. FIR cannot be recorded in disputes concerning water or land likely to cause breach of peace
under Section 145 of Cr.P.C. as it describes only a procedure. No offence can be registered under
Section 145 Cr.P.C.
(K. Guruvaiah & others Vs. State of A.P. 2011 Crl.J 64 (AP))
8. Cryptic telephone message cannot be considered as FIR.
(Pathai alias Krishna kumar Vs. State of U.P - AIR 2010 SC 2254) &
(Mahilal Sharma Vs. State of Bihar – 2007 Crl.J 408 (patna))
9. When several distinct offences are reported against the accused, investigating agencies should
issue separate FIR’s under Section 154(1) of Cr.P.C.
(M/s Jagathi Publications Vs. CBI Hyderabad – 2013 Crl.J 118 SC)
10. FIR recorded on a statement of the accused is not admissible as confession.
(Brijendra Singh Vs. State of M.P. 2012 Crl.J 1883 (SC))
11. Object of FIR is to set the criminal law in motion.
(Bhagawan Singh Vs. State of Madhya Pradesh - 2002 SCC (Cri) 736))
12. Recording of Fir is mandatory in case of cognizable offence on the part of the police.
(Ramesh Kumari Vs. State of Delhi – AIR 2006 SC 1322)
13. FIR is not substantive evidence it can be used for corroboration of the prosecution witnesses, who
is non-else than the informant. It can be used by the defence to contradict him.
(Ravi Kumar Vs. State of Punjab – AIR 2005 SC 1929)
14. If FIR contains broad picture of crime, it is enough.
(Sudarshan Reddy Vs. State of A.P. – AIR 2005 SC 2716)
15. When no action is taken on the basis of FIR, course of action under Section 190 Cr.P.C. explained
so by the Supreme Court.
(in Minoo Kumari Vs. State of Bihar – AIR 2006 SC 1937)
16. There is no hard and fast rule that FIR always contain names of all culprits.
(State of Maharastra Vs. Mohammed Sajid Hussain – AIR 2008 SC 155)
17. High Court use it’s inherent power under Section 482 Cr.P.C. to direct the police to register and
investigate a case.
(D. Prasanna Vs. State & others – 2007 Crl.J 233 (Mad))
18. Police officer has the duty of recording FIR but it does not take away right of police officer to make
preliminary investigation before registering it.
(Rajendra Singh Katoch Vs. Chandigarh Administration – AIR 2008 SC 178)
19. A person not witnessing the incident can also be informant.
(Hemraj Vs. State of Punjab – AIR 2003 SC 4259)

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20. There can’t be Second FIR in respect of the same offence.
(Chirra Sivaraj Vs. State of A.P. – AIR 2011 SC 604)
21. In rape cases when delay in lodging FIR is reasonable explained, the delay is condonable.
(State of UP vs. Choteyalal – AIR 2011 SC 697)
22. Omission of some of the names of the accused in the FIR is not fatal.
(Dileep Preme Narayan tiwary and another Vs. State of Maharastra -2010 Crl.J 905 (SC))
23. FIR cannot be treated as an encyclopedia of events.
Jagaeet Singh Vs. Ashish mishra @ Monu AIR 2022 SC 1918.
State of MP Vs. Chhaakkilal (2019) 12 SCC 326.
24. Police officers cannot exercise any discretion when he receives information regarding the
commission of a cognizable offence, he must record it as FIR.
XYZ Vs. State of MP AIR 2022 SC 3957.

Principles of Section 161:-

1. Protection against self incrimination strongly provided by the provisions of Cr.P.C.
(Mohammed Ajmal, Mohammed Amir Kasab alias Abu Mujahid Vs. State of Maharastra – AIR
2012 SC 3565)
2. Statement of the victim recorded by the police under section 161 can be used as dying declaration in
case the victim dies and if it is found credible.
(Bhagawan Vs. State of U.P 2013 Crl.J 512 (SC))
3. The word any person under Section 161(1) includes an accused person also.
(Pakala Naryana swamy Vs Emperor AIR 1939 PC 47)
4. Statement of the injured witness was recorded as the dying declaration, but the injured witness
survived.
Such statement can be used for corroboration as provided under Section 157 of Indian
Evidence Act.
(Ranjit Singh & others vs. State of M.P 2011 Crl.J 283 (SC))
5. Omission is also considered contradiction.
(Shashidhar Purandhar Hegde Vs. State of Karnataka – AIR 2004 SC 5075)
6. Statement of a person recorded under Section 161 would be treated as dying declaration after his
death. If it is the statement of victim.
(Mukesh bai, Gopal bai barot Vs. State of Gujarat 2010 Crl.J 4721 (SC))
7. Section 161 need not be in the language known to the person making the statement. Moreover such
statement not to be signed.
(Jaheera Habeebullah H. Shaik Vs. State of Gujarath – 2000 Crl.J SC 2050 (Best Bakery
Case))
8. Statements recorded under Section 161 are not substantive evidence.
(Mohammed Jafrulla Khan Vs. Inspector of Police, ACB, Range, Hyderabad – 2000(2) ALT
(Cri) 9 (A.P)) &
(Ram Swarup Vs. State of Rajasthan – 2005 SCC (Cri) 61)
9. Statements recorded under Section 161 by police cannot be used as evidence against the
accused. But there is no bar to use those statements in civil cases.
(Bonta Venkata Rao Vs. Kolla Venkata Ramana – 2003(2) ALT (Crl) 572 AP) &
(Ram Swarup Vs. State of Rajasthan – 2005 SCC (Cri) 61)

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10. The expression any other person under Section 161 includes the accused.
(Nandini Satapathi Vs. P.L. Dani – 1978 Crl.J 968 SC)
11. Delay examination of witnesses by police under Section 161, if properly explained, is not fatal to the
prosecution case.
(Mohmmed Khalid Vs. State of West Bengal – 2002 7 SCC 334) &
(Banti Vs. State of Madhya Pradesh – 2004 Crl.J 372 SC)
12. In a case of abetment of suicide and harassment for dowry the victim made oral dying declaration to
her father and brother, subsequently she survive and her statement was recorded under Section
161 by investigating officer. There was a inconsistency between oral dying declaration and Section
161 statement. It amounts to contradiction.
(Subash Vs. State of Haryana AIR 2011 SC 349)
13. Statements recorded under Sec. 161 are inadmissible in evidence for prosecution.
State of Maharastra Vs. Dr. Maroti AIR 2022 SC 5595.
Munikrishna @ Krishna Vs. State of Karnataka 2022 livelaw ( SC 812 ).

Principles of Section 164:-

1. When the accused refused to make a confessional statement remanding him to police custody is
not justified as there would be possibility of coercion, threat or inducement to accused to make
confession, cannot be ruled out.
(Ravindra kumar Pal alias Dara Singh Vs. Republic of India – AIR 2011 SC 1436)
2. Non-compliance (i.e. not to follow) of procedure under Section 164 Cr.P.C. while recording the
confession statement cast doubt on nature and voluntariness of the confession. So it cannot be
relied up on.
(Ravindra kumar Paul alias Dara Singh Vs. Republic of India – AIR 2011 SC 1436)
3. For recording the confession statement under Section 164 Cr.P.C. taking oath is prohibited.
(Babu Bhai uday singh Parmar Vs. State of Gujarat – 2007 Crl.J 786 SC)
4. Confession recorded by following the procedure under Section 164 Cr.P.C can be used solely to
convict the accused.
(Babu Bhai uday singh Parmar Vs. State of Gujarat – 2007 Crl.J 786 SC)
5. Confession statement recorded under Section 164 Cr.P.C can be used as substantive evidence.
But non-confessional statement recorded under the same section is not substantive evidence. It can
be used for corroboration or contradiction in the open court.
(Ramprasad Vs. State of Maharastra (1999) 5 SCC 30)
6. Confession statement must be showed to have been made voluntarily.
(Ayyub Vs. State of Uttar Pradesh – AIR 2002 SC 1192)
7. Confessional statement can be recorded under Section 164 Cr.P.C at any time during the course of
investigation or before the commencement of inquiry or the trial.
(Raja Ram Vs. State – AIR 1996 ALL 192)
8. Retracted confession must be corroborated in material particular.
(Nagesh Vs. State of Maharastra – AIR 1985 SC 866) &
(Ramanand Pandey Vs. State 2008 Crl.J No. 6868 Bombay)
9. Statement recorded by a magistrate under Section 164 Cr.P.C of a witness, is acceptable as
evidence.
(Ramesh Singh Vs. State of Andhra Pradesh – 2004 Crl.J 3354 SC)
10. Recording of evidence by way of video conference is valid.
(Sakhi Vs. Union of India – AIR 2004 SC 3566)

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11. Confessional statement has to be recorded by following safeguards provided under Section 164
Cr.P.C in letter and spirit, not in any routine mechanical manner.
(Babu Bhai uday singh Parmar Vs. State of Gujarat – 2007 Crl.J 786 SC)
12. Statement recorded according to the procedure set out in Sections 164 and 281 Cr.P.C is
admissible in evidence.
(Ramsingh Vs. Sonia and others – AIR 2007 SC 1218)
13. If there is any irregularity in the judicial confession it is curable.
(Ramsingh Vs. Sonia and others – AIR 2007 SC 1218)
14. Rape victims statements made U/Sec. 164 of Cr.P.C. should not be disclosed to any person
including the accused till the charge sheet or final report is filed.
State of Karnataka Vs. Shivanna (2014) 8 SCC 913.
A Vs. State of UP (2020) 10 SCC 505
X Vs. M. Mahender Reddy 2022 livelaw (SC) 899.

Principles of Section 167 :-

1. Filing of a charge sheet is sufficient to comply with the provisions of Sec. 167 of Cr.P.C. then,
accused cannot demand release on default bail U/Sec. 167 (2) of Cr.P.C.
Serious fraud investigation officer Vs. Rahul Modi AIR 2022 SC 902.
2. When the court does not take cognizance within 90 / 60 days as the case may be, accused would
be entitled to default bail, even after filing of the charge sheet with in the statutory period.
Serious fraud investigation officer Vs. Rahul Modi AIR 2022 SC 902.
3. A duty is enjoined upon the police to complete the investigation within the time prescribed and a
failure to do so who enable the accused to be released on default bail.
Such a right of the accused cannot be taken away even during any unforseen circumstances.
Satender Kumar Antil Vs. CBI AIR 2022 SC 3386.
* * *

I. “ COGNIZANCE ” (SECTIONS 190 – 199)

Meaning:-
1. Cognizance means recognition.
2. Cognizable offence means recognizable offence.
3. Court is required to take cognizance of an offence so as to frame the charge and conduct the
trial.
4. Cognizance is the first step in the involvement of the court relating to the commission of an offence.
5. Court noticing the commission of the offence is known as cognizance.
6. Only courts of the judicial magistrates have got the power to take cognizance of an offence.
7. Court of Session will not be able to take the cognizance of an offence directly.

Magistrates competent to take cognizance:-

The following magistrates can take cognizance of an offence –
1. Judicial Magistrate of I class. (Section 190)

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2. Judicial Magistrate of II class when empowered by chief Judicial Magistrate. But he can take
cognizance of those cases that are triable by him. (Section 190)
3. Court of Session can take cognizance of only one offence i.e, Defamation of High Dignitaries.
(Section 199)

Basis for taking cognizance:-

1. Cognizance of an offence can be taken –
a) On the basis of a private complaint under Section 190.
b) On the basis of a police report under Section 190. Or
c) On the basis of any credible information received from any source under Section 190. Or
d) On the basis of personal information of the Magistrate or that court. under Section 190. (Suomotto)

Limitations on the power of magistrate to take cognizance:- (Sections 195- 199)

1. No cognizance in respect of an offence involving contempt of lawful authority of a public
servant except up on a written complaint of the concerned public servant. (Section 195 Cr.P.C)
2. No cognizance in respect of an offence against public justice except on the written complaint of
the concerned court. (Section 195 Cr.P.C)
3. No cognizance in respect of an offence relating to the documents produced in the court except
on the written complaint of the court concerned. (Section 195 Cr.P.C)
4. No cognizance in respect of an offence against state except with the previous sanction of the
appropriate government and in certain cases the District Magistrate (i.e. collector). (Section 196
Cr.P.C)
5. No cognizance in respect of criminal conspiracy to commit an offence punishable with less
than 2 years imprisonment except with the written consent of the state government or the District
Magistrate. (Section 196 Cr.P.C)
6. No cognizance in respect of offences committed by the members of armed forcers acting in
the discharge of their official duties except with the previous sanction of the appropriate
government. (Section 197 Cr.P.C)
7. No cognizance in respect of an offences committed by the judges or public servant acting in
the discharge of their official duties except with the previous sanction of the appropriate government.
(Section 197 Cr.P.C)
8. No cognizance in respect of offences against marriage except on a complaint filed by the
aggrieved person. (Section 198 Cr.P.C)
9. No cognizance in respect of an offence under Section 498-A except on a complaint filed by the
aggrieved person or any other near and dear person of the victim. (Section 198-A Cr.P.C)
10. No cognizance in respect of an offence punishable under Section 376-B IPC except up on
prima facie satisfaction of the facts which constitute the offence and up on the compliant filed or
made by the wife against the husband.
11. No cognizance in respect rape by husband against his minor wife except when the complaint is
filed with in 1year. (Section 198(6) Cr.P.C)
12. No cognizance in respect of offence of defamation except up on a complaint made by the
aggrieved person. (Section 199 Cr.P.C)
* * *

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J. “ CHARGE ” (SECTIONS 211 to 224)

i) Introduction
ii) Form and contents of charge. (Sections 211 to 214; 215, 216,217 & 464)
iii) Basic rule relating to charge. (Section 218)
iv) Exceptions to the basic rule.
a) Joinder of charges or offences. (Sections 218 Proviso, 219, 220 & 221)
b) Joinder of offenders or persons. (Section 223)
v) When charge framed is one and the offence proved is another. (Sections 222)
vi) Withdrawal of remaining charges. (Sections 224)
vii) Principles of charge.

i) Introduction:-
1. As per Sec. 2(b) charge includes any head of charge when the charge contains more heads
than one.
2. Charge is an accusation or notice prepared by the court against the accused person.
3. Charge is prepared by the court on the basis of prima facie evidence produced by the
public prosecutor.
4. Sec.161 Cr.P.C statements recorded by the Investigating officer from the witnesses during the
time of investigation are useful for the court to frame the charge.
5. Charge is the foundation of criminal trial.
6. As per Section 5 of Indian Evidence Act, parties to the criminal trial are required to produce
evidence to prove or disprove the charge and on nothing else.
7. Charge framed by the court has to be proved by the public prosecutor.
8. If public prosecutor proves the charge successfully, it leads to the conviction of the
accused person.
9. Charge framed by the court has to be disproved by the defence lawyer.
10. If the defence lawyer succeeds in disproving the charge, it leads to the acquittal of the
accused person.
11. Sometimes charge is neither proved by public prosecutor not disproved by defence, then
charge is considered “not proved”
12. Charge not proved amounts to releasing the accused person on the basis of benefit of
doubt.
13. In warrant cases charge is framed elaborately in the written form by the court.
14. But in summons cases the charge is explained to the accused orally by the court. No question of
framing written charge.
15. Charge framed by the court can be altered by the court at any time before the judgment is
delivered.
16. Charge in civil law is known as issues.
17. The charge under criminal law is nothing but facts in issue as defined under Indian Evidence
Act, 1872.

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ii) Form and contents of charge (Sections 211 to 214; 215, 216,217 & 464) :
1. Form no. 32 of second schedule contains the proforma of the charges.
2. Every charge shall state the offence with which the accused is charged.
3. It must state the name of the law and the number of the section under which the accused has
been charged.
4. If there is any name to the offence committed by the accused, it should be stated. If there is no
name for the offence the description of the offence should be given.
5. The fact that charge is framed means that all the necessary conditions to conduct the trial are
fulfilled.
6. Every charge should be framed in the language of the court.
7. If there was any previous conviction of the accused that fact must be stated in the charge to
decide whether enhanced sentence should be given to the accused or not. (Section 211)
8. The charge must contain the time and place of the offence.
9. If the offence is criminal breach of trust or criminal misappropriation, the charge must mention
the amount misappropriated and the dates with in which the misappropriation occurred and the
description of the property should be given. (Section 212)
10. If the above particular do not give notice to the accused as to the offence committed by him, the
court must mention the manner of committing that offence. (Section 213)
11. Words appearing in the charge should be understood as per the law under which charge has
been framed. (Section 214)
Section 215 Effect of Errors:-
Some times it so happens that the charge framed by the court may contain errors or there may be
omission to frame the charge. If such error or omission doesn’t cause any injustice to the accused,
the charge is considered valid and the trial is also considered valid.
But, if such error in the charge or omission to frame charge causes injustice to the accused, such
charge and trial are considered invalid and Denovo Trial (i.e. Fresh trial) should be conducted
by framing a fresh charge.

Section 216 Court may alter the charge:-

1. Any court may alter or add to any charge at any time before judgment is pronounced.
2. Every such alteration or omission should be read and explained by the court to the accused person.

Section 217 Recall of witnesses when charge is altered:- When the charge is altered or added to by
the court after the commencement of trial, the prosecutor and the accused shall be allowed to recall or
re-summon the witnesses.

Section 218 Basic rule relating to charge (Separate charges for distinct offences):-
1. This section deals with the basic rule relating to charge.
2. As per this section for every distinct offence there shall be a separate charge and a separate
trial.
3. Sometimes following the basic rule may involve so much times and money for all the parties
concerned including the court. So, 2 exceptions have been created to this basic rule i.e.,
a) Joinder of charges or offences (Sections 218 proviso, 219, 220 & 221)

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For ex. X kidnapped, raped and murdered a girl. If basic rule has to be followed there should be 3
charges and 3 trails. So by adopting the exception of joinder of charges or offences, court frames
only one charge for those 3 offences by giving 3 heads and conducts only one trial. This is known as
Joinder of charges/offences.
b) Joinder of offenders or persons (Section 223)
For ex. X,Y,Z murdered A. each person is accused of the distinct offence murder. If basic rule has to
be followed court must frame 3 charges and conduct three trials which is expensive and time
consuming for all the parties and the court. So court adopts the second exception Joinder of
persons/offenders and frames one charge by giving in it 3 heads.
* * *

EXCEPTIONS TO THE CHARGE

i) Joinder of charges or offences (Sections 218 proviso, 219, 220 & 221) :
Under the following sections court may adopt the exception of Joinder of charges or offences.
Sections 218 proviso Desire of the accused:- When the accused is involved in the commission
of several offences, he may express his desire before the court to have only one charge and one
trial for all those offences. If the court accepts his request, instead of following the basic rule, it may
adopt the Joinder of charges by framing one charge for all those offences and by conducting one
trial.

Sections 219 Three offences of the same kind with in a year may be charged together:-
Offences of the same kind not exceeding 3 in number if committed by the same person within
the span of 1year (i.e.12months), for all those offences court may frame one charge and conduct
only one trial.
Sections 220 Trial for more than one offence:-
1. When the accused commits several offences within the course of the same transaction,
for all those offences court may frame one charge and conduct one trial.
2. Offences of criminal breach of trust, criminal misappropriation and the companion offences like
falsification of accounts when committed by the same person he may be charged and tried
together by the court.
(Sathyam ramalinga Raju case)
3. When the same act committed by the accused may fall under different definitions of
offences, for all those offences court may frame one charge and conduct one trial.
4. Sometimes act committed by the accused if taken separately may give birth to several
offences, for all those offences court may frame one charge and conduct only one trial.

Sections 221 Where it is doubtful what offence has been committed:-

1. Sometimes court may entertain doubt as to the offence committed by the accused person. In
such a situation it may frame alternative charges for all those doubtful offences by putting them in
one charge and conduct only one trial.
2. On the basis of evidence what ever evidence is proved out of those doubtful offences, for that
offence court awards punishment to the accused.

ii) Joinder of Persons/Offenders (Section 223) :

Section 223 What persons may be charged jointly:- The following persons may be charged and
tried together, namely –
1. Persons accused of same offence committed in the course of same transaction.

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2. Persons who attempted to commit an offence.
3. Persons who are abettors and actual criminals of that offence.
4. Persons who are abettors and persons who attempted to commit the abetted offences.
5. Persons accused of offences of the same kind not exceeding 3 in number if committed within
the span of a year. (i.e. 12months)
6. Persons accused of different offences committed in the course of the same transaction.
7. Persons accused of theft or extortion or cheating or criminal misappropriation and persons
accused of receiving or retaining or conceiving or assisting in disposal of such property.
8. Persons accused of offences under Section’s 411 and 414 of IPC (i.e., Offences relating to
coins, government stamps) and persons connected with those offences.
9. When several persons accused of offence express the desire to have one charge and on trial.

Section 222 When offence proved included in the offence charged:-

1. When the offence proved before court against the accused included in the offence charged, for the
proved offence punishment can be given to the accused.
For ex. Accused has been charged under Section 325 IPC with grievous hurt. He proves that he
acted on grave and sudden provocation resulting in grievous hurt which is an offence under
Section 335 IPC. He may be convicted under Section 335. (Minor offence)
2. When the charged offence is major and the proved offence is minor, accused person can be
given punishment for the proved minor offence.
3. But when the charged offence is minor and the proved offence is major, accused should not
be given punishment for the proved major offence, instead court has to conduct a Denovo trial
by framing a fresh charge.
In Tarakeshwar Sahu Vs. State of Jharkhand – (2006) 8 SCC 560 when the charged offence
is major and the proved offence is minor, accused person can be given punishment for the proved
minor offence.

Section 224 Withdrawal of remaining charges on conviction on one or several charges:-

1. Under this section public prosecutor can withdraw the remaining charges against the accused when
other major charges against that accused are proved.
2. When a charge containing more heads than one is framed against the same accused and when
conviction has been given for one or more charges of them, the complainant and the prosecutor
may with the permission of the court with draw the remaining charges against the accused or court
may on its own stay the inquiry or trial of those charges.

Principles of charge:-
1. Charge is an accusation prepared by the court against the accused in respect of an offence alleged
to have been committed by him.
(Esher Singh Vs. State of A.P. – AIR 2004 SC 3030)
2. There must be prima facie evidence before the court to frame the charge.
(State of Maharastra Vs. Salman Saleem Khan – AIR 2004 SC 1189)
3. When the charged offence is major and the proved offence is minor, accused person can be given
punishment for the proved minor offence.
(Tarakeshwar Sahu Vs. State of Jharkhand – (2006) 8 SCC 560)

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4. Alternative charges cannot be framed in respect of distinct offences.

(Om Prakash Vs. State of Haryana – 2007 Crl.J 398 (P&H))
5. Charge can be framed if there are materials showing the possibility about the commission of crime.
(State of A.P. Vs. Golkonda Linga Swamy – AIR 2004 SC 3967)
6. Under Cr.P.C. for framing charge court should not take evidence. A rowing or fishing enquiry is not
permissible.
(State of Orissa Vs. Devendra Nath Padhi – AIR 2005 SC 309)
7. Court can alter the charge but that alteration has to be explained to the accused.
(Sabbi Mallesh Vs. State of A.P – AIR 2006 SC 2747)
8. Appellate court is duty bond to examine the entire recort of the trial including all exhibited documents,
dispositions and the statements of accused recorded U/Sec. 313 Cr.P.C. to decide whether
omission to frame a charge or error in the charge resulted in the failure of justice to the accused.
Kalicharan Vs. State of UP 2022 livelaw (SC) 1027.
9. When the accused is involved in the commission of the several offences within the course of the
same transaction, he may be charged with, and tried at 1 trial for every such offence.
MS. P xxx Vs. State of Uttarkhand 2022 livelaw (SC) 554.
10. Before the court proceeds to frame the charge against the accused, the public prosecutor owes a
duty to give a fair idea to the court as regards the case of the prosecution.
Ghulam hassan beigh Vs. Mohammed Maqbool Magrey AIR 2022 SC 5454.
* * *
K. “ PRINCIPLES OF FAIR TRIAL ”
Introduction:-
1. In India a criminal court is required to conduct the trial fairly, justly and reasonably.
2. The procedural laws like C.P.C, Cr.P.C, Indian Evidence Act are there to ensure fair, just and
reasonable proceedings under civil law and criminal law.
3. Articles 10 & 11 of universal declaration of human rights and Articles 14, 20, 21 & 22 of the
constitution of India deal with fair, just and reasonable trial.
4. Supreme Court declared fair trial as a fundamental right under Article 21 of the constitution.
5. The characteristics of fair trail are –
a) Adversarial system of procedure.
b) Presumption of innocence of accused till his guilt is proved beyond all reasonable doubt.
c) There should be independent impartial and competent judiciary.
d) Venue of the trial should be in the court having jurisdiction over the place of the offence.
e) Accused must be having right to known the accusation.
f) Accused should be tried in his presence.
g) Accused should be allowed to cross examine the witness of the prosecution and to produce
evidence in his defence.
h) Evidence should be taken by the court in the presence of the accused person.
i) There must be the provision for free legal aid.
j) Accused person must be having the right to speedy trial.

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k) Right of the accused against expost facto laws.
l) Right of the accused against Double jeopardy.
m) Right of the accused against self incrimination.
n) Right of the accused to have the advocate of his choice.
o) Right to have the public trial.
If the criminal trial is conducted by the court with all the above characteristics, it is considered
fair, just and reasonable trial.
In India as we have democracy we are governed by the principles of rule of law and natural
justice. So it is mandatory to the court to conduct the trial fairly, justly and reasonably.
* * *

CRIMINAL TRAILS UNDER CRPC

Cr.P.C. provided 5 kinds of criminal trails. They are –

1) Sessions trial or trial by court of sessions

2) Warrant trial by a magistrate on police report.

3) Warrant trial by a magistrate otherwise than on a police report or private complaint.

4) Summons trial.

5) Summary trial.

1. Sessions Trial or Trial by Court of Sessions (Sections 225 to 236, 311, 313 & 314)

1. Parties (Section 225)

2. Opening case for prosecution. (Section 226)

3. Discharge of the accused person. (Section 227) or

4. Court framing the charge against the accused. (Section 228(1))

5. Explaining the charge to the accused and asking for his plea. (Section 228(2))

6. Conviction of the accused on his plea of guilty. (Section 229) or

7. Date for prosecution evidence. (Section 230)

8. Evidence for prosecution

a) Examination of prosecution witnesses. (Section 231 (1))

b) Record of evidence for prosecution. (Section 276- 280)

9. Oral arguments by public prosecutor and memorandum of arguments on behalf of the prosecution.
(Section 314)

10. Personal examination of the accused by the court. (Section 313)

11. Hearing the parties and the order of the acquittal of the accused. (Section 232) or

12. Evidence for defence.

a) Examination of the defence witnesses. (Section 233(1))

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b) Written statement of the accused. (Section 233(2))
c) Record of the evidence of the defense. (Section 276 - 280)
13. Court witnesses if any. (Section 311)
14. Arguments by prosecution and defence.
15. Judgment of conviction or acquittal. (Section 235(1))
16. Procedure in case of conviction
a) Hearing the accused on the quantum of sentence. (Section 235(2))
b) Procedure in case of previous conviction. (Section 236)
17. Passing the sentence.
2. Trial of warrant cases by magistrate on a police report (Sections 238 – 242, 243, 248, 250,
275,311, 313, 314 & 236)
1. Parties
2. Opening case for prosecution.
3. Discharge of the accused person. or
4. Court framing the charge against the accused.
5. Explaining the charge to the accused and asking for his plea.
6. Conviction of the accused on his plea of guilty. or
7. Date for prosecution evidence.
8. Evidence for prosecution
a) Examination of prosecution witnesses.
b) Record of evidence for prosecution.
9. Oral arguments by public prosecutor and memorandum of arguments on behalf of the prosecution.
10. Personal examination of the accused by the court.
11. Hearing the parties and the order of the acquittal of the accused. or
12. Evidence for defence.
a) Examination of the defence witnesses.
b) Written statement of the accused.
c) Record of the evidence of the defense.
13. Court witnesses if any.
14. Arguments by prosecution and defence.
15. Judgment of conviction or acquittal.
16. Procedure in case of conviction
a) Hearing the accused on the quantum of sentence.
b) Procedure in case of previous conviction.
17. Passing the sentence.

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3. Trial of warrant cases by a magistrate otherwise than on police report or trial of warrant cases
by magistrate on a private complaint (Sections 244 to 250, 311, 313 & 314) :
The basic difference between the warrant trial in a police report and the warrant trial on a private
complaint is that, in case of warrant trial in a police report the prosecution witnesses are subjected
to cross examination only at the time of trial during the recording of the prosecution evidence.
But in case of a warrant trail on private complaint prosecution witness are subjected to cross
examination twice. i.e, 1st time before framing the charge, 2nd time at the time of trial during the
recording of prosecution evidence.
1. Preliminary hearing of the prosecution case.
2. Discharge of the accused person. Or
3. Court framing the charge against the accused person.
4. Explaining the charge to the accused person and inquiring about his plea.
5. Conviction of the accused person on the plea of his guilty. Or
6. Choice of the accused to recall the prosecution witnesses.
7. Evidence for prosecution
a) Examination of prosecution witnesses
b) Record of evidence for prosecution witnesses.
8. Arguments on behalf of prosecution.
9. Personal examination of the accused by the court. (Section 313)
10. Evidence for defence
a) Examination of defence witnesses.
b) Written statement of the accused.
c) Record of evidence.
11. Judgment of acquittal or conviction.
12. Procedure in case of previous conviction.
13. Discharge of the accused in certain cases when the complainant is absent. (Section 249)
14. Compensation for accusation to the accused when the case is filed against him without reasonable
cause. (Section 250)

4. Summons Trial (Sections 251 to 255, 259, 250, 313, 314 & 274) :
1. Explaining the substance of accusation to the accused.
2. Conviction of the accused person on his plea of guilty.
3. Conviction on plea of guilty in the absence of the accused person in petty cases. Or
4. Hearing the prosecution case.
a) Evidence for prosecution.
b) Record of evidence for prosecution
c) Arguments on behalf of the prosecution.
5. Personal examination of the accused person by the court.

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6. Hearing the defense case –
a) Evidence for defense
b) Record of evidence for defense.
7. Argument on behalf of defense.
8. Judgment of acquittal or conviction.
9. Compensation for accusation without any reasonable cause.

5. Summary Trail (Sections 260 to 265) :

Section 260 Magistrate competent to conduct summary trial:-
The following magistrates are competent to conduct summary trial –
a) Any Chief judicial Magistrate
b) Any Metropolitan Magistrate
c) Any Judicial Magistrate of I class when empowered by the High Court.
d) As per Section 261 Any Magistrate of II class may also conduct summary trial when authorized by
the High Court into those cases attracting a punishment of imprisonment up to 6months with or
without fine or any abetment or attempt to commit such offence.

Sections 260 Offences triable summarily:-

1. Offences attracting a punishment of imprisonment up to 2 years.
2. Theft under Section 379, 380 or 381 of IPC where the value of the property stolen does not exceed
Rs. 2000/-.
3. Receiving or retaining stolen property where the value of property doesn’t exceed Rs. 2000/-.
4. Assisting in the concealment or disposal of stolen property where the value of property doesn’t
exceed Rs. 2000/-.
5. Offences of lurking house trespass or house breaking by night.
6. Insult with the intention to provoke breach of peace and criminal intimidation where the punishment
is imprisonment up to 2years or fine or both. Or
7. Abetment of any of the above offences.
8. Attempt to commit any of the above offences.
9. When a complaint is made under Section 20 of Cattle Trespass Act.

Sections 262 Procedure for summary trial:-

1. In summary trial court follows the summons trial procedure but even if the accused is proved to be
guilty of committing the offence he should not be given more than 3months imprisonment as
punishment i.e.is the maximum punishment awardable for any offence if tried summarily.
2. Another major difference between summons trial and summary trial is that in case of summary trial
a record in summary trials is maintained. This the unique feature of summary trial which is not
there in summons trial.

Sections 263 Record in summary trials:-

In every case tried summarily the magistrate shall enter in the form prescribed by the state
government the following particulars –

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a) Serial number of the case.
b) The date of commission of the offence.
c) The date of the report or complaint.
d) The name of the complaint if any.
e) The name, parentage and residence of the accused.
f) The offence complained of and the offence proved if any.
g) The plea of the accused and his examination if any.
h) The finding
i) The sentence or other final order.
j) The date on which proceedings of the case are terminated.

Sections 264 Judgment in cases tried summarily:-

In every case tried summarily the magistrate shall record the substance of evidence and a
judgment containing a brief statement of reasons for the finding.

Sections 265 Language of record and judgment:-

Every record and the judgment shall be written in the language of the court.
Note:-
Conviction means merely declaring the accused to be guilty.
Sentence means imposing punishment.

Sections 227 Discharge :

1. Conditional release of the accused by the court.
2. Discharge takes place only before the charge is framed.
3. After going through the charge sheet and listening the prosecution, and the defence if the court
comes to the conclusion that there is no prime of evidence against the accused, it discharges him.
4. But subsequently if the police find enough evidence, that discharged person may be called by the
court again to answer for the charge and to make him face the trial.
5. The sections dealing with discharge differ from trial to trial.
6. But there is no discharge of the accused in summons cases. Here if the court comes to the
conclusion during the time of trial that there is no evidence against the accused. It drops the case
against him. It is known as dropping up the case.

Sections 232 Acquittal :

1. Acquittal is unconditional release of the accused person.
2. Accused may be acquitted by the court on the basis of his total innocence or on the basis of benefit
of doubt.
3. Acquittal is possible only after framing of the charge.
4. Accused may be acquitted by the court after the prosecution evidence is over and after he is
examined by the court under Section 313. This is acquittal for the first time.

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5. If the accused is not acquitted after his Section 313 examination he may be acquitted after the trial
is over by delivering the judgment.
6. Acquittal is possible only when there is no evidence to prove the guilt of the accused or when there
is doubt entertained by the court as to the guilt of the accused.
Principles on Criminal Trial :
1. Disposal of Criminal cases by resorting to the triple mode of plea - bargaining, compounding of
offences and under the Probation of Offenders Act, 1958. Guidelines to issued by the SC.
in Re : Policy strategy for grant of Bail.
2. Where it is found that the accused are released on bail in serious offences, the state government
and the Director of prosecution shall take prompt decision and challenge the order passed by the
trial court or the high court as the case may be.
Jayaben Vs. Tejas K Zala AIR 2022 SC 358.
* * *

L. “ JUDGMENT ”
Meaning:- Judgment is the final reasoned decision delivered by the criminal court relating to the guilt or
innocence of the accused person.
Sections 353 Judgment:-
1. Judgment has to be delivered in the open court.
2. Judgment should be delivered by the presiding officer of the court.
3. It should be delivered after the termination of trial.
4. When a date is fixed for delivering the judgment the court has to issue the notices to all the parties
concerned with a direction to appear before the court on the date of delivering the judgment.
5. When there are several parties in a case, court has to issue individual notices to each of them.
Omni bus notice should not be issued.
6. There are 3 methods of delivering the judgment –
a. By delivering the whole of the judgment or
b. By reading out the whole of the judgment or
c. By reading out the operative part of the judgment & explaining the substance of the judgment in a
language which is understood by the accused or his pleader.
7. Where judgment is delivered under clause (a) the presiding officer shall cause it to be taken in short
hand and signed the transcript on each page and put his signature, seal of the court and the date of
issuance.
8. Where the operative part of the whole of the judgment is read out, it shall be dated and signed by the
presiding officer in the open court.
9. When the operative part is read out, a copy of the judgment should be made available to the
parties or their pleaders free of cost immediately.
10. When the personal attendance of the accused is dispensed with, he need not come to the court
instead his pleader can take the copy of the judgment.
11. When there are several accused persons all may come to the court to hear the judgment. Even if a
few are present in the court still it can deliver the judgment.

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12. Even if no party comes to the court still judgment can be delivered.

13. When the accused person is inside the prison at the time of delivering the judgment court can issue
notice to the jailor with a direction to make the appearance of the accused possible before it on the
date of delivering the judgment.

14. Once the judgment is delivered by the court, it should not be altered by it except for correcting
clerical errors if any.

Sections 354 - Form and contents of judgment :-

1. Judgment should always be in the language of the court.

2. It must contain the points for determination. (Facts in Issue)

3. It must state the brief facts of the case.

4. Judgment must contain the decision.

5. Judgment must contain the reasons for decision.

6. Judgment must contain the name of the offence and the law and the number of the section of that
law under which the act of the accused is an offence.

7. Judgment must contain the conviction or acquittal of the accused and the punishment given to the
accused in case he has been convicted.

8. In case of acquittal of the accused the judgment must contain an order to set the accused at
liberty.

9. Where it is doubtful as to what offence has been committed by the accused, the court shall distinctly
express the same and pass the judgment in the alternative.

10. When the conviction is for the offence punishable with death or imprisonment for life, if death
penalty is awarded as punishment the court is required to record special reasons.

11. When any person is sentenced to death the sentence shall direct that the accused be hanged by the
neck till he is dead.

Section 355 - Metropolitan Magistrates Judgment :-

a) Serial number of the case.

b) The date of commission of the offence.

c) The date of the report or complaint.

d) The name of the complaint if any.

e) The name, parentage and residence of the accused.

f) The offence complained of and the offence proved if any.

g) The plea of the accused and his examination if any.

h) The finding

i) The sentence or other final order.

j) The date on which proceedings of the case are terminated.

* * *
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M. “ APPEALS ”
Meaning of appeal:- Appeal is a complaint made by the aggrieved from the decision of the lower court
to the Appellate Court with a request to rectify the mistake committed by the Lower Court in delivering
such decision.
Explain where there is no appeal under Criminal Law (Sections 372, 375 & 376)
Sections 372 No appeal to lie unless otherwise provided by Cr.P.C.:-
1. There is no appeal from any judgment or order of a criminal court unless provided by Cr.P.C. or by
any other law for the time being in force.
2. It means that there is no absolute right of appeal in criminal law. The right of appeal is conditioned by
Cr.P.C. or by any other law for the time being in force.

Sections 375 No appeal in certain cases when the accused pleads guilty:-
1. When the accused person pleads guilty before the court he will be declared convicted and
accordingly court imposes sentence.
2. Once the accused person pleads guilty and is convicted, there is no appeal available to that
accused to challenge the conviction. But when the sentence awarded to him is considered
excessive by him, he may challenge by way of appeal the quantum of sentence given to him.

Sections 376 No appeal in petty cases:-

1. When the High Court decides the criminal case and imposes a punishment of imprisonment up to
6months or fine up to Rs, 1000/- or both there is no appeal.
2. When the Court of Sessions decides a criminal case and imposes a sentence of imprisonment up
to 3months or fine up to Rs. 200/- or both, there is no appeal from that decision.
3. When the Judicial Magistrate of I class decides a criminal case and imposes only fine up to Rs.
100/- there is no appeal.
4. When a case is tried summarily and the magistrate imposes a fine up to Rs. 200/- as sentence
from that decision there is no appeal.

APPEALS AGAINST CONVICTIONS

Appeal against conviction to the Supreme Court
(Under Articles 132, 134, 136 & Section 374(1) of Cr.P.C.)
1. When the High Court decides the criminal cases by exercising its extra-ordinary original
criminal jurisdiction and imposes the sentence on the accused person, appeal lies to the Supreme
Court. (Section 374(1))
2. When the High Court reverses the order of acquittal passed by the lower court and imposes a
sentence of death penalty or imprisonment for life or imprisonment for 10years or more, from that
decision of High Court appeal lies to Supreme Court.
3. When the High Court certifies a case as a fit case accused can go in appeal to the Supreme Court.
4. When the High Court refuses the fit certificate, still the accused can go to the Supreme Court by
way of special leave petition. (Article 136)
5. When the High Court withdraws a case from the lower court and conduct the trial of that case and
imposes sentence on the accused, he can go in appeal to the Supreme Court.

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Appeals form the convictions to the High Court (Section 374(2) of Cr.P.C.)
From the conviction orders passed by the Sessions Judge or Addl. Sessions Judge or any other
court where the punishment is imprisonment for more than 7 years, the accused can make an
appeal to the High Court.

Appeal against conviction to the Court of Sessions (Section 374(3) of Cr.P.C.)

1. From the conviction orders passed by the Metropolitan Magistrate or Assistant Sessions Judge or
Magistrate of I class or Magistrate of II class, appeal lies to Court of Sessions. Or
2. When the sentence is passed by court under Section 325 of Cr.P.C. appeal lies to Court of
Sessions. Or
3. When the sentence is passed under Section 360 of Cr.P.C. appeal lies to the Court of Session.

Section 377 Appeals against inadequacy of sentence:- (Appeal by the state government against
sentence)
1. Inadequacy of sentence means sentence which is not sufficient.
2. When the state government is of the opinion that the sentence given to the accused is not sufficient
to the accused it may give direction to present the appeal, challenging its inadequacy.
3. If the sentence is passed by the magistrate this appeal has to be made to the court of session.
4. If the sentence is passed by any other court, this appeal has to be made to the High Court.

Section 378 Appeal in case of acquittal:-

1. It is the public prosecutor who makes this appeal challenging the acquittal of the accused.
2. If the magistrate passes an order of acquittal of the accused in respect of a cognizable and non-
bailable offence, the District Magistrate (i.e. collector) may direct the prosecutor to present this
appeal in the Court of Session.
3. If the acquittal order is passed by any other court other than High Court, state government may
direct the prosecutor to present this appeal in the High Court.

Section 386 Powers of the Appellate Court:- Appellate court enjoys maximum powers.
1. Appellate court can convert the acquittal order passed by the lower court into conviction.
2. Appellate court can convert the conviction order passed by the lower court into acquittal.
3. Appellate court can enhance the sentence or reduce the sentence given by the lower court.
4. Appellate court can change the nature of sentence or alter the quantum of sentence.
5. Sky is the limit to the powers enjoyed by the appellate court.
* * *

REFERENCE (Sections 395 & 396)

Section 395 Reference to High Court:-
1. A subordinate court can make a reference to the High Court.
2. High Court alone got the power to decide the matter referred to it.
3. A subordinate court can make a reference under Section 395 to the High Court if the following
conditions are satisfied -

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a) If the pending case before the subordinate court involves the question of validity of any Act or
ordinance or regulation etc.,
b) If the determination of that question is necessary for the disposal of the pending case.
c) If the subordinate court is of the opinion that the said legal provision is actually invalid but not so
declared by the High Court or the Supreme Court.
Then the subordinate court can make reference to the High Court for its opinion on the validity
of that legal provision.
4. under this Section 395 a Court of Session or a Metropolitan Magistrate can also make a reference
to the High Court on any question of law arising in the hearing of the case.
5. When the reference is made to the High Court the proceedings of the pending case must be
stayed.
6. At the time of making reference if the accused happens to be in prison he must be released on bail.

Section 396 Disposal of case according to the decision of High Court:-

1. When reference is made to the High Court it shall pass such order as it thinks fit.
2. A copy of such order must be sent to the court which made the reference.
3. The pending case in the subordinate court must be decided as per the order passed by the High
Court.

REVISION (Sections 397 to 405)

1. Revisional courts are two i.e., High Court and Court of Session.
2. Revision is the remedy where there is no right of appeal.
3. High Court and the Court of Session have got the power concurrently (i.e., simultaneously) so it is
the party who has to chose either of the courts for filing revision petition.
4. There is no revision of interlocutory orders.
5. In revision the revisional court examines the record of the case prepared by the lower court to see
the correctness, legality and proprietary of decision making process followed by the lower court.
6. The purpose of revision is to identify whether there is any defect in the procedure or
miscarriage of justice or manifest error on the face of the record on a point of law or not.
7. Revision petition can be filed either by the accused person or by the prosecutor or victim or even by
a stranger on motion. High Court can take up the case on its own (suomoto) for revision.
8. But Court of Session cannot take up the case on its own.
9. Sometimes there may be several accused persons convicted by the trial court. some of them
may prefer revision in the High Court and some others may prefer revision in the Court of Session.
in such a situation either of the High Court has to transfer his cases to Court of Session or it has to
with draw the cases from the Court of Session itself, both the courts should not go forward to decide
the cases as it may lead to difference of opinion which in turn leads to destruction of justice.
10. In revision the revisional court should not covert the acquittal order passed by the lower court
into conviction. instead the revisional court must send the entire record of the case back to trial
court with appropriate directions for re-trial.
But the revisional court has got the power to convict the conviction order passed by the lower
court into acquittal as it is beneficial to the accused.

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11. Under certain circumstances the revisional court can convert the revision petition into appeal
petition.
12. Revision petition filed by the aggrieved party doesn’t abate, it can be pursued by the legal heirs of the
petitioner.
13. In revision no party has got the right to legal representation but request can be made to the
court and generally it will be conceded. (i.e., allowed)
14. When the High Court decides a revision petition by two judges, if there is difference of opinion
between those judges, the matter will be referred to a 3rd judge, whose decision becomes final.
* * *

N. “ MAINTENANCE OF WIFE, CHILDREN AND PARENTS

(SECTIONS 125 TO 128) ”
Section 125 Order for maintenance of wife, children and parents:-
1. As per this section a wife can claim maintenance from the husband; children can claim
maintenance from the parents; parents can claim maintenance from the children.
2. Person from whom maintenance is claimed must be having sufficient means.
3. Persons claiming maintenance should not be having sufficient means to maintain themselves.
* * *
I. Wife’s claim to maintenance:-
Conditions:-
a) Wife claiming maintenance must be a deserted wife or a divorced wife or a neglected wife.
b) Wife claiming maintenance should not be having sufficient means, but husband must be having
sufficient means.
c) The husband must refuse to maintain her.
d) Wife should not be living in adultery.
e) Wife should not get remarried.
f) Wife should not be a deserting wife.
g) Wife should not be living separately from the husband by mutual consent.
j) Wife should not be living separately from the husband without valid reasons.
k) Wife must be a lawfully married wife.
* * *
II. Childrens claim to maintenance:-
Conditions:-
a) Children must be minor children or insane children of any age.
b) Children may be legitimate or illegitimate children, both are competent to claim maintenance
from the parents.
c) Parents must be having sufficient means and children should not be having sufficient means to
maintain themselves.
Then such children mentioned above can claim maintenance from the parents.
* * *
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III. Parents claim to maintenance:-

Conditions:-

a. Parents can claim maintenance from their major children who are not insane or invalid children.

b. Parents should not be having sufficient means, but children should be having sufficient means.

c. Children must neglect or refuse to maintain the parents.

d. The expression children includes both sons and as well as daughters.

e. But pious obligation is on the sons if sons are there, it is their duty to maintain the parents.

f. If sons are not there, daughters are required to maintain the parents only when they have got
independent source of income of their own other than the income of their husbands.

4. Maintenance petition has to be filed in the court of Judicial Magistrate of I class.

5. There is no limitation period for filing the maintenance petition.

6. At present the magistrate can award interim maintenance pending and the final disposal of the
maintenance petition.

7. Interim maintenance petition shall be disposed of within 60 days from the date of service of notice
of the petition to such person from whom the maintenance is being claimed.

8. Magistrate can award maintenance from the date of petition or from the date of passing the
maintenance order.

9. When a person fails to pay a maintenance court can issue the warrant of arrest and he can be
imprisoned for default for one month.

10. Under this section maintenance due petition should be filed within 1 year from the date of
default.

11. At present there is no fixed amount of maintenance to be awarded. court has got the discretion
to decide the amount.

Section 126 Procedure for claiming maintenance:-

1. Proceedings under Section 125 may be taken against any person in any district –

a) Where he is or his wife resides or where he last resided with his wife or with the mother of
illegitimate child.

2. In case of maintenance proceedings evidence shall be recorded in the manner prescribed for
summons cases. When the person from whom maintenance has been claimed is willfully avoiding
the court, it may pass exparte order.

3. Such exparte order can be set aside if valid reasons are shown for his absence within 3months
from that order.

4. Proceedings under Section 125 are not trial. They are merely in the nature of inquiry.

5. As the proceedings are not trial, there is no question of conviction or acquittal of the person against
whom an application for maintenance has been made.

6. No disqualification is attached to the person who has been directed to pay maintenance. He can
appear for any exam and contest any election.

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Section 127 Alteration in allowance:-

1. The maintenance order passed by the court may be altered or cancelled if need be.
2. If there is any change in the circumstances of any person receiving maintenance or paying
maintenance, the maintenance order passed under Section 125 is liable to be altered or cancelled.
3. The order passed under Section 125 is only an interim order. Once the civil suit relating to share
of the property of the claimant is decided, the order passed under Section 125 is liable to be
cancelled or altered.

Section 128 Enforcement of order of maintenance:-

1. Order of maintenance ordered by the court may be enforced by any magistrate in any place against
whom it is made.
2. But that magistrate must be satisfied as to the identity of the parties and non payment of the
allowance.
Principles of maintenance:-
1. Duty is on the husband to maintain wife and children it has to be fulfilled even by earning money by
physical labour.
(Bhuwan Mohan Singh Vs. Meena & others – AIR 2014 SC 2875)
2. Order of maintenance can be enforced even by arrest and detention of the person. Detention doesn’t
wipe out liability to pay maintenance. (Subrata Roy Sahara Vs. Union of India & others) AIR 2014
SC 3241.
3. A Muslim husband is liable to make fair provision for maintenance of wife. It extends beyond iddat
period by terms of Section 3(1)(a) of Muslim woman (Protection of rights on divorce) Act 1986.
(Danial latifi Vs. Union of India (2001) 7 SCC 740)
4. Before ordering the maintenance from the daughter the court must be satisfied that she is having
independent source of income of her own other than the income of her husband. If she has income
of her own then only she is required to maintain the parents.
(Dr. Miss Vijaya Manohar Arbat Vs. Kashi Rao Raja Ram Saawai – AIR 1987 SC 1100)
5. A child less step mother can claim maintenance form her step son.
(Keerthi kanth Vs. State of Gujarat – 1996(2) Crimes 119 (SC))
6. Second wife (bigamous wife) cannot claim maintenance under Section 125.
(D. Veluswamy Vs. Patchi Ammal AIR 2011 SC 479)
7. A sadhu is liable to maintain his wife and children.
(Hardev Singh Vs. State of U.P. – 1996 (1) Crimes 212 (ALL))
8. At present neglected or deserted Muslim woman can claim maintenance under Section 125 without
the consent of her husband.
(Iqbal Banoo Vs. State of U.P. – (2007) 6 SCC 785)
9. Family court at present has got the exclusive jurisdiction relating to a petition under Section 125
Cr.P.C.
(Shabana Banu Vs. Imran Khan AIR 2010 Crl.J 395 (SC))
10. An insolvent person if fit physically has to pay maintenance.
(Chandra Bhan Vs. Smt. Sudha Rani & others – 2005 Crl.J 1978 (ALL))
11. Sons having the pious duty of maintaining the aged father specially when the father sold his property
for the sake of the business of sons.
(Ram Ladaitey Vs. State of U.P. – 2008 Crl.J NOC 89 (ALL))

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12. Maintenance claimed by an illegitimate child is allowable.
(Inder Mohan Goswamy & another Vs. Uttaranchal – AIR 2008 SC 251)
13. If the husband is impotent, wife can claim maintenance under Section 125.
(Ashok Kumar Singh (Major) Vs. Addl. Sessions Judge, Varnasi – 1991 Crl.J 2357 (Ker))
14. Expression wife cannot be enlarged to include woman not lawfully married.
(Savita Ben Bhati Vs. State of Gujarat – AIR 2005 SC 1809)
15. State of amendments relating to amounts are no longer valid, as they are inconsistent to 2000
Amendment made by parliament deleting the maintenance allowance.
(Manoj Yadav Vs. Pushpa alias Kiran Yadav – AIR 2011 SC 614)
16. Woman living with a man as wife and husband for considerable period, whether such woman is
entitled to maintenance or not was the question referred to a larger bench by the Supreme Court.
(Chanmuniya Vs. Veerendra Kumar Singh 2011 Crl.J 96 (SC))
17. Husband is required to earn money even by physical labour, if he is an able bodied person.
Anju Garg Vs. Deepak kumar Garg, 2022 (14) SCALE 234.
18. Supreme court framed comprehensive guidelines relating to maintaince and the quantum of
maintaince in matrimonial cases.
Rajnesh Vs. Neha, ( Cr. Appeal No. 2020 ) to SCC 324.
* * *

O. “ PLEA BARGAINING ” (SECTIONS 265-A TO 265-L)

1. Plea Bargaining is applicable only in case of those offences that attract a punishment of
imprisonment up to 7years.
2. Plea Bargaining is not applicable to socio-economic offences, offences against women and
offences committed by children under 14years of age. (Section 265-A)
3. The accused person has to make an application to the court for plea bargaining. That court must be
one where case is pending for trial.
4. The application made by the accused shall be accompanied by an affidavit sworn by the accused
stating that he has voluntarily preferred the plea bargaining in his case.
5. The accused in that application must state that he has not previously been convicted by a court
for the same offence.
6. Then the court has to issue a notice to the public prosecutor or the complainant and to the accused
to appear on a date fixed for the case.
7. Then the court, on the fixed date, shall examine the accused in camera, to identify whether he filed
the application voluntarily or not.
8. If the court is satisfied about voluntariness of the accused in filing the application, it must give
sufficient time to the public prosecutor or complainant and to the accused person to work out a
mutually satisfactory disposition of the case including accused giving compensation and other
expenses to the victim. Then court has to fix a date for further hearing of the case.
9. If the court finds that the application has been filed by the accused involuntarily or that the accused
has been convicted in the past for the same offence, court shall proceed further in accordance with
the provisions of the code from such stage or filing application. (Section 265-B) there can be no
plea bargaining under these circumstances.
10. Section 265-C:- Guidelines for arriving at a mutually satisfactory disposition. If the case is instituted
on a police report, the court shall give notice to the –

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a) Public Prosecutor

b) Police officer

c) The accused and

d) The victim.

They are to participate in the meeting to work out mutually satisfactory disposition of the case.
Here the court has to see that the entire process is voluntary.

11. If the case is on a private complaint, victim and the accused shall sit together to work out a mutually
satisfactory disposition.

12. If the victim or the accused so desires, he may participate in such meeting with his pleader engaged
in the case. (Section 265-C)

13. When a satisfactory disposition is worked out, the court shall prepare a report of such disposition
which shall be signed by the presiding officer of the court and other persons who participated in the
meeting.

14. If no satisfactory disposition has been worked out, the court shall record such observation and
proceed further as per the provisions of the code (Section 265-D), to conduct trial.

15. Section 265-E Disposal of the case:- When there is a mutually satisfactory disposition, the court
has to hear the parties on the quantum of sentence and the accused has to be released under
Section 360 of Cr.P.C. or by the provisions of the probation of Offenders Act, 1958, if they apply to
the case.

16. If the court finds that minimum sentences has been provided under the law for the offence
committed by the accused, it may sentence the accused to half of such minimum punishment.
(1/2 of such minimum punishment)

17. If the minimum sentence is not provided for that offence under the law the court may sentence the
accused to one fourth of the punishment provided for such offence or extendable of such
offence. (1/4th of punishment) (Section 265-E)

18. The court shall deliver the judgment in terms of Section 265-E in the open court and the same shall
be signed by the presiding officer. (Section 265-F)

19. The judgment so delivered by the court shall be final and no appeal lies except special leave
petition to Supreme Court under Article 136 and writ petition under Article 226 and 227 of the
constitution. (Section 265-G)

20. A court shall have all the powers vested in respect of Bail, trial of offences. (Section 265-H)

21. The period of detention undergone by the accused has to be setoff against the sentence of
imprisonment. The provisions of Section 428 shall apply. (Section 265-I)

22. Provisions of this Chapter XXI-A shall remain, not withstanding anything in Cr.P.C. (Section 265-J)

23. The statement of facts stated by the accused not to be used for any other purpose except for plea
bargaining. (Section 265-K)

24. Nothing in this chapter applies to Juveniles or children under the Juvenile Justice Act, 2000.
(Section 265-L)

***

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P. “ OTHER IMPORTANT TOPICS ”

Explain the law relating to approver or explain tender of pardon ?
1. Sections 306, 307 & 308 of Cr.P.C. deals with the law of approver.
2. When an offence is committed by two or more persons and if one person comes forward to
disclose the commission of the offence that co-accused, may be granted approver ship.
3. The person to whom pardon is granted is called an approver.
4. Sections 306 to 308 deal with tender of pardon to an accomplice.
5. When an offence is committed by two or more persons and if the police are not able to identify any
evidence to prove their guilt thus they may request the court to grant pardon to one of those accused
persons.
6. That person to whom pardon is granted is called as approver.
7. On the basis of the testimony of that approver the remaining accused persons will be given
punishment. But approver will not be given any punishment as he has been pardoned off.
8. That co-accused who is least involved in the commission of an offence will be given approver
ship.
9. The object is to secure the evidence of one accused and to use it against other accused persons
and also to remove the fear of prosecution and punishment from the mind of the approver.
10. Approver ship can be granted –
(i) The Chief Judicial Magistrate.
(ii) The Metropolitan Magistrate.
(iii) The Judicial Magistrate of I class at any time and stage of inquiry or trial.
(iv)Court of Session can also grant pardon after the committal of the case at any time before the
judgment is delivered.
11. Pardon is granted to such co-accused person who knows the full details of the commission of the
offence.
12. The co-accused to whom pardon is granted may be involved directly or indirectly in the commission
of the offence.
13. The magistrate granting pardon must record the reasons for doing so.
14. Cases in which approver ship or pardon is granted are –
(a) Offences triable exclusively by the Court of Session.
(b) Offences punishable with imprisonment extending up to 7years or more.
15. The power to grant is discretionary and it has exercised only in exception cases where accused
should be offered to a person to disclose what he knows.
16. Section 306 dealing with tender of pardon is a clear exception to the principle that no inducement
should be offered to a person to disclosed what he knows.
17. Approver must be ready to make full and complete discriminate of all the circumstances within his
knowledge relating to the commission of an offence.
18. Once pardon is granted to a person he ceased to be accused and becomes the prosecution
witness.

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19. Approver is a competent witness and he should be kept in judicial custody without bail till the
trial is over.
20. Evidence of the approver is credible and considered reliable.

Explain the examination of the accused by the court (Section 313)

1. Section 313 provides for the examination of the accused by the court after the completion of the
prosecution evidence.
2. Examination of the accused is under Section 313 is the power, as well as duty of the court.
3. The object of this examination is to give an opportunity to the accused person to explain the circumstances
appearing in evidence against him.
4. This examination is utmost help to the accused particularly when he is undefended.
5. In every inquiry or trial court shall conduct this examination after recording the prosecution evidence,
but before the accused is called upon to tender his evidence.
6. While conducting the examination of the accused, court should not administer the oath.
7. Even if the accused person refuses to give answers or gives false answers to the questions he shall
not be punished.
8. But answers given by the accused may be used in any other inquiry or trial of any other offence.
9. This Section 313 speaks to establish a direct dialogue between the court and the accused.
10. It is not necessary for the court to put each and every piece of evidence to him.
11. This 313 examination should not be in the nature of cross examination.
12. Questions posed to the accused must be simple and direct, not in the form of compound sentences.
13. This examination should not be the nature of interrogation.
14. The statement of the accused under Section 313 is not substantive evidence. So conviction can’t
be based on it.
15. It is well settled that error (or) omission is complying with Section 313 does not necessarily vitiate the
trial. Error is a curable irregularity.
Principles of Sec. 313 :
1. No conviction could be based on the statement of the accused recorded U/Sec. 313 of Cr.P.C. and the
prosecution has to prove the guilt of accused by leading independent and cogzant evidence.
Mohd. Firoz Vs. State of MP AIR 2022 SC 1967.
2. Questioning the accused U/Sec. 313 or Cr.P.C. is not an Empty formulaty. The accused must be
explained the appearing in the evidence against him so that accused can offer an explanation.
Kalicharan Vs. State of UP 2022 livelaw ( SC ) 1027.
* * *

DOUBLE JEOPARDY (Article 20(2)) or AUTRIFOIS ACQUIT, AUTRIFOIS CONVICT (Sec. 300) :
1. Article 20(2) says that no person shall be prosecuted and punished for the same offence more than
once.
2. Article 20 embodies a protection against second trial and conviction for the same offence.
3. The common law principle that no one should be put on peril twice for the same offence is the basis for
Article 20(2).

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4. If a person is charged again for the same offence, he can plead as complete defence his previous
former conviction or as it is technically expressed, taking the plea of Autrifois Convict.
5. In order to get the protection of Article 20(2) by a person there must have been a prosecution and as
well as punishment; in respect of the same offence.
6. The second prosecution and conviction then he is not allowed for the same offence. But if the offences
are distinct there is no application of double jeopardy.
7. Section 300 deals with Autrifois Acquit, Autrifois Convict. It means person once convicted or
acquitted not to be tried for the same offence.
8. A person who has once been tried by a court for an offence and convicted or acquitted of such offence,
he shall not be tried again for the same offence.
9. Thus, Section 300 of Cr.P.C. is wider in scope than Article 20(2) of the constitution.
Sec. 300 of Cr.P.C. places a Bar wherein, a person who has already been tried by a court of competent
jurisdiction for an offence erasing out of same facts, and has either been acquitted or convictted of such
offence cannot be tried again for the same offence as well as on the same facts for any offence as long as
such acquittal or conviction remains in force.
T. P. Gopalakrishna Vs. State of Kerala 2022 livelaw (SC) 1039.
* * *

COMMITAL PROCEEDINGS
1. Judicial Magistrate of I class takes cognizance under Section 190 of Cr.P.C. of any case except
defamation of High Dignitaries.
2. When the charge sheet or complaint is submitted to the Judicial Magistrate of I class he has to take
cognizance of the offence if he finds sufficient evidence.
3. After going through the police report or charge sheet or the complaint. If the Judicial Magistrate of I
class comes to the conclusion that the case is triable by the Court of Session, he has to commit
that case Under Section 209 of Cr.P.C. to the Court of Session.
4. If the case is instituted on a police report, the Judicial Magistrate of I class must send to the Court
of Session, all the documents which are relevant to the case as per Section 207 Cr.P.C.
5. The documents are -
(a) FIR
(b) Charge Sheet
(c) All 161 statements
(d) Any other relevant documents.
6. As per Section 208 if the case is triable on the basis of a private complaint instituted by the
complainant, by the Court of Session all relevant document must be sent such as –
(a) Complaint
(b) Statement of witnesses
(c) Section 164 confessions if any.

Section 357-A Victims Compensation Scheme:-

1. Every State Government in co-ordination with Central Government shall prepare a scheme for
paying the compensation to the victim (or) his dependents.

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2. Whenever the court recommends compensation to the victim the district legal service authority (or)
the State Legal Service authority shall decide the quantum of compensation to be awarded.
3. If the trial court after the trial satisfied that the compensation is not adequate, it may make a
recommendation for further compensation.
4. When the offender is not traced (or) identified but the victim is identified and where no trial takes
place, the victim (or) his dependants may make an application to the legal services authority for the
award of compensation.
5. On receiving such recommendation (or) on such application legal services authority must
complete inquiry within 2 months and award adequate compensation.
6. Legal services authority may order for first aid facility (or) medical benefits free of cost to the
victim on the certificate of the police officer (or) a magistrate.
Section 319 Impleading of Parties:-
If the Court of Session (or) any other court comes to the conclusion that there are other accused
persons involved in the case, it can implead (i.e., adding as a party) them, as per Section 319 of
Cr.P.C.
Supreme Court Constitution Bench issues eleborate guidelines on the exercise of powers to
summon additional accused.
Sukpal Singh Vs. State of Punjab 2022 livelaw (SC) 1009.
Section 317(1) Absent Petition, Section 317(2) Splitting of the case :
When there are several accused persons and if some of the accused persons don’t come to the
court it can split the case as per Section 317 of Cr.P.C. under this section absent petition can also
be made.
Section 468 Limitation in Criminal Law:-
1. Section 468 deals with period of limitation under criminal law.
2. No court shall take cognizance of an offence after the lapse of limitation period.
3. The period of limitation shall be -
(a) 6 months, if offence is punishable with fine only.
(b) 1 year, if the offence is punishable with imprisonment for a term not exceeding one year.
(c) 3 years, if the offence is punishable with imprisonment for a term exceeding one year but not
exceeding 3 years.
4. The limitation Act is not applicable to criminal law.
5. There is no limitation period to the offences attracting imprisonment for more than 3 years.
Section 472 Continuing offences:-
1. Continuing offence is one which continuous from day to day and fresh offence is committed by the
offender so long as the act or omission continuous.
A non continuing offence is one which is committed once for all. (Bhagiradh Vs. State of MP
AIR 19844 SC 1688)
2. Normally an offence is committed only once, but there may be offences which may be committed
from day to day.
3. The question whether a particular offence is a continuing offence or not depends upon the language
of statute which created that offence.

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Example of continuing offence:-
a) Criminal conspiracy.
b) Abduction.
c) Section 498-A cruelty or harassment of wife etc.,
d) Abetment.
e) The offence of trespass.
f) Failure to put security fencing.
* * *

Q. “ ESSENTIAL OF JUDGMENT IN CRIMINAL LAW ”

1. Name of the court : Mention the name of the court and the place.

For ex. in the court of 1st class magistrate or Sessions Judge,

Guntur.

2. Date : Date, Month and year to be mentioned here.

Ex. This Monday, the 13th April of 2019.

3. Name of the Presiding : Give the Name of the Magistrate or judge.

Officer Ex. Present

4. Criminal Case No : Give the case number here. Ex. 199/2019

5. Name of the parties : State Representatives

State of Andhra Pradesh

Represented by Inspector of police, Guntur : Complainant

Vs.

Accused (Name of the accused to be given) : Accused.

6. Title : Judgment

7. Introduction of the case : The Brief facts of the case to be mentioned here.

(please give the facts stated in FIR)

8. Prosecution Version : Describe each prosecution witness with his name and status.

a) Description of status of P.Ws.

b) Prosecution Evidence.

c) It is necessary to allot a separate paragraph to the evidence

of each P.W.

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9. Summary of the Prosecution Evidence: Summary of prosecution evidence has to be given with
reference to each prosecution witness and observations if any, concerning the demeanor of each
prosecution witness.

10. Statement of the accused under Section 313 Cr.P.C.:

11. Charge is to be stated here and the plea of the accused has to be given.

12. Defence evidence if any : a) Description of status etc., of defence witnesses.

b) Defence Version.

c) It may be necessary to give separate paragraphs to each

defence witness.

13. Summary of defence evidence : Summary of defence evidence has to be given With reference to
each defence witness and Observations if any concerning the
demeanor Of each defence witness.

14. Review of the Evidence, the law applicable thereto and the conclusion of the magistrate or judge
relating to the guilt or innocence of the accused. (Reasons for arriving to a decision are to be given
here)

15. Conviction or Acquittal

16. In case of conviction, sentence to the accused has to be given here.

17. Way of disposal of property in case if the offence relating to property.

18. Mode of delivering the judgment : Dictated to the shorthand writer and Pronounced by me in the
open court On this day of Month, 2019.

19. Signature of the magistrate or judge,

Name of the court, place.

20. Seal of the court.

21. List of witnesses examined for

Prosecution : P.w. 1 – Name, status, place.
: P.w. 2 – Name, status, place.

For Defence : D.w. 1 - Name, status, place.

: D.w. 2 - Name, status, place.

22. Exhibits for Prosecution

(“P” series) : Ex. P.1, Ex. P.2… etc.,

For Defence (“D” series) : Ex. D.1, Ex. D.2…. etc.,

23. Material objects Marked : M.O.1 : Dagger

: M.O.2 : Stick… etc.,

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24. Signature of the magistrate or judge,

Name of the court, place :

25. Seal of the court :

* * *

ARNESH KUMAR VS STATE OF BIHAR AIR 2014 SC 2756

In order to ensure that police officers do not arrest accused unnecessarily and magistrate do not
authorize detention casually and mechanically, the Supreme Court issued the following direction:

1. All the state governments to instruct its police officers not to automatically arrest when a case under
Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under
the parameters laid down above flowing form Section 41, Cr.P.C.

2. All police officers be provided with a check list containing specified sub-clauses under
Section 41(1)(b)(ii);

3. The police officer shall forward the check list duly filed and furnish the reasons and materials which
necessitated the arrest, while forwarding/producing the accused before the magistrate for further
detention.

4. The magistrate while authorizing detention of the accused shall peruse the report furnished by the
police officer in terms aforesaid and only after recording its satisfaction, the magistrate will authorize
detention;

5. The decision not to arrest an accused, be forwarded to the magistrate within two weeks from the
date of the institution of the case with a copy to the magistrate which may be extended by the
Superintendent of police of the district for the reasons to be recorded in writing.

6. Notice of appearance in terms of Section 41A of Cr.P.C. be served on the accused within two
weeks from the date of institution of the case, which may be extended by the superintendent of
police of the district for the reasons to be recorded.

7. Failure to comply with the directions aforesaid shall apart from rendering the police officers
concerned liable for departmental action, they shall also be liable to be punished for contempt of
court to be instituted before High Court having territorial jurisdiction.

8. Authorising detention without recording reasons as foresaid by the judicial magistrate concerned
shall be liable for departmental action by the appropriate High Court.

Further said directions shall not only apply to the cases under Section 498-A of the IPC. Or
Section 4 of the Dowry Prohibition Act, but also such cases where offence is punishable with
imprisonment for a term which may be less than seven years or which may extend to seven
years; whether with or without fine.

* * *

-- 85 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 86 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 87 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 88 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 89 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 90 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 91 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 92 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 93 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 94 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 95 -- 2023
JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 96 -- 2023
 JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 97 -- 2023
JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 98 -- 2023
JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 99 -- 2023
JCJ Code of Criminal Procedure, 1973

Working Notes

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-- 100 -- 2023