CRPC Quick Guide
CRPC Quick Guide
2. S.5 CrPC
Special law overrides general law -for eg, the procedure laid down in TADA and POTA.
Kundla Boji Reddy v. State of AP - state govt issued notification for a new code but some
areas, old code applied. But in this case, the full trial happened as per new code, which was
wrong, so the conviction + sentence quashed - because the entire procedure was wrong.
(If trial is quashed fully, new proceedings won’t vitiate double jeopardy). -->Double jeopardy:
previous cases should have been tried in a competent court.
3. Vitiated by jurisdiction - only if rank of the Magistrate is lower (S.461), not by territorial
jurisdiction (S.462)
460 - even if Magistrate has erred, it does not vitiate the proceedings.
461 - it vitiates the proceedings, because all of those proceedings need to be done by a
Magistrate based on a certain rank.
462 - territory based jurisdiction does not vitiate, unless it results in failure of justice.
Definitions:
Delhi admin v. Ram Singh - evidence should be collected by police officers with power to
investigate or by person authorized by mag to investi.
Maha Singh v. State - investigation by a police officer or by any person auth by Mag. involves
extracting info from witnesses, examining scientific evidence, collecting medical reports, etc.
Baldev Singh - arrest is part of investigation. It is to protect the victim and to prevent obstacles
to investigation. It can be used to question the accused.
The last step of investigation is preparation of chargesheet by the police, giving a detailed report
of the investigation.
2(g) - inquiry - second stage of a case - linked with judicial proceeding in 2(i)
Conducted by a Mag for ascertaining and clarifying facts. Framing the charge/discharging part
of inquiry, framing the charge will also become the first step in the trial.
Last step of inquiry is framing the charge (list of offences that accused will be tried
for)/discharging (clearing him of any involvement in the case).
Rasiklal v. Kishore Khanchand Wadhwani - court or officer before whom accused asks for
bail shall release him on terms that appear to them to be reasonable (subjective satisfaction
test). They can also discharge him on executing a bond rather than a bail.
Talab Haji Hussain v. Madhukar Purushottam - HC has power to quash bail if they believe it
is prejudicial to a fair trial, but use power sparingly.
Only after taking cognizance, the court can initiate enquiry, frame the charges and start the trial.
Kinds of trial
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Investigation:
What is it
Any information transmitted with the view of narrating the circumstances of a crime to enable
the police to start investigation.
State of Bom v. Rusy Mistry - FIR is not defined but is a report under S.154 of CrPC.
State of Haryana v. Bhajan lal - police has no option but to register FIR if they get information
of a cognizable offence.
Zero FIR
State of AP v. Punati Ramube - refusal to register FIR is a dereliction of duty. Police should
register first, can forward it later if it is not under their jurisdiction. It is the duty of the police to
record “shall record”. If police records it on the basis of talking to witnesses, then it is hit by 162.
Police can go to crime scene and do some investigation before FIR, but should not examine
witnesses and write what happened on the basis of that.
If police refuses to record, complaint can be sent to the SP, who can either take up investigation
himself or order his subordinates to do. (154(3) r/w 36)
You can also lodge a complaint with the Mag under S.200.
Delay
Ram Jag v. State of UP - the test is whether the delay is so long as to throw a cloud of
suspicion on the prosecution?
Harpal Singh v. State of HP - delay in rape cases acceptable because it is a case of family
honour
State of HP v. Gian Chand - cant disregard PP case just because of FIR. if they can explain it
is fine.
Sukharam v. State of MH - as long as the telephone call is clear, accurate and the information
indicates a cogn offence, it can be recorded.
How many copies to be made - 4 (PO, victim, Mag, one attached with Charge Sheet (CS))
accused/any interest person can get a copy of the FIR from the court, because once sent to the
mag, it becomes a public document.
A non-confessional FIR can be used against the accused (S.21 IEA); a confessional FIR can’t
(S.27 IEA).
Evidentiary value
It is admissible under S.157 IEA for corroboration by PP, once proved, can be used by the cross
under S.145 IEA for contradiction.
Multiple FIRs
Usually not allowed, only the first information is to be recorded, subsequent information can be
recorded as a S.161 statement.
Exception:
Babubhai v. State of Gujarat
If there are parties involved in a crime who want to make cross allegations against each other,
then possibility of recording 2 FIRs.
156(1) Police officer have powers to investigate cognizable offences without the order of the
magistrate. They can investigate NC offences after receiving an order of the Mag under 156(3).
156(2) makes it easy for police to investigate, they can’t be called in and questioned on the
grounds of lack of jurisdiction. Territorial jurisdiction is important, but if a wrong police station
investigates, it won’t be quashed. Magistrate has no power to stop even if he comes to know of
such wrong investigation w/o territorial jurisdiction.
S.N. Sharma v. Bipin Kumar - no power of the victim in case there is malafide exercise of the
power of police to investigate. Remedy is to invoke a writ jurisdiction.
Mohd yosouf v. Afaq Khan - “The clear position therefore is that any Judicial Magistrate,
before taking cognizance of the offence, can order investigation under Section 156(3) of the
Code. For the purpose of enabling the police to start investigation it is open to the Magistrate to
direct the police to register an FIR. Even if a Magistrate does not say in so many words while
directing investigation under Section 156(3) of the Code that an FIR should be registered, it is
the duty of the officer in charge of the police station to register the FIR regarding the cognizable
offence disclosed by the complaint because that police officer could take further steps
contemplated in Chapter XII of the Code only thereafter.”
The report can be FIR/NCR/any other prelim report.This is for both C and NC offences.
Then the SI can investigate in person or depute it to someone below him to investigate the facts
and circumstances of the case, and, if necessary, to take measures for the discovery and arrest
of the offender. So, all this happens contemporaneously when he comes to know of the offence.
Under this section, seizure and search memo and arrest memo and all are sent.
He need not go and investigate if the accused is reported by name, and the case is not serious,
or if he feels there is no reason to investigate. This has to be mentioned in the report as well,
and to the informant.
Mahabir Singh v. Delhi Administration - Non compliance with S.154 and S.157 doesn’t cause
a ground to throw away prosecution case, but court can draw an adverse inference. Evidence
may not be appreciated especially if it prejudices accused.
S.159
Mag, after receiving report, can order further investigation, or he or any deputy can be ordered
to conduct an inquiry, or he can dismiss the case.
Purpose
Can be to orally examine, TIP, need some signs, can be anything - no restriction
(If person is accused, should ideally use arrest provisions (under S.41) or issue notice of
appearance to them.)
Gives power to certain police officers to examine witnesses. Discretion of the police officer
whether or not to call some witnesses and discretion of deciding whether to reduce in writing.
Even if this is done, discretion to decide whether it needs to be included in the chargesheet or
not. Reducing the statement into writing need not be in the same language as the one in which
answers are given by witness.
Zahira Habidullah v GJ
Recording is not mandatory.
● The ban on self-accusation and the right to silence, while on investigation or trial is
under way, goes beyond that case and protects the accused in regard to other
offences pending or imminent, which may deter him from voluntary disclosure of
criminatory matter
● Compelled testimony' must be read as evidence procured by:
○ physical threats or violence
○ psychic torture,
○ atmospheric pressure,
○ environmental coercion
○ Tiring interrogative prolixity,
○ overbearing and intimidatory methods
● Basically if there is any mode of pressure, subtle or crude, mental or physical, direct
or indirect, but sufficiently substantial, applied by the policeman for obtaining
information from an accused strongly suggestive of guilt it becomes compelled
testimony violative of Art. 20(3).
● Threat of prosecution, not by itself, but if repeated multiple times to intimidate the
witness.
Accused persons should answer questions if they don’t incriminate him clearly. Can refuse to
answer even if they incriminate him in some other case, wrt some other offence even if
investigation is not underway for the same. The material must incriminate only the person
making the statement and not someone else.
Selvi v S/o KA
can’t compel narco analysis, lie detector, brain mapping tests as accused may give testimonial
statements exclusively in their knowledge without voluntariness (this violating kathi kalu). If
accused wants to undergo (like in Kasab), it has to be voluntary and need court permission. In
any case, their use is regulated by 162.
S.162
1. ‘Any person’
● 162 applies to statements by witness or accused (Mahabir v Bihar)
3. To police officer
● Police officer is someone who can writeup the chargesheet and bring finality to
the investigation.
Can’t ask person to sign the 161 statement if reduced to writing and cant use 161 statements in
the inquiry or in the trial.
Evidentiary value
Prosecutor can ask the witness to repeat the statements during chief exam, and then once it is
duly proved (proved means the witness’ statement in court which matches the 161 statement
exactly), 161 statements may be used by the defence for the purpose of contradiction under
S.145 IEA.
Phino v PB: can only contradict PW using 162 statement, not a Court witness or Defence
Witness. Further, Court can’t use 162 statement to corroborate under S. 157 IEA.
1. DD under S. 32 IEA
Dalip Singh v. State of Punjab
DD not encouraged
All statements made to police are recorded in station diary - S. 172 CrPC - usually confidential
but can be examined by court
Meaning:
Pakala Narayan Swamy:
A confession is one which must admit in terms of the offence or substantially all the ingredients
which constitute the offence. A gravely incriminating fact or statement alone isnt a confession.
Elements:
Animus confidetendi + actus reus
Conditions:
● Freely and voluntarily
● made without threat/promise (exception S.306 crpc)
● With full knowledge of consequences
● Only judicial mag (whether he has juris or not)
● video/audio means, w lawyer (not a right, upto accused to request a lawyer)
Includes accused as well as witness statements (164(5)). Recorded and signed by accused,
mag makes a memorandum at the footnote about willingess.
Additional safeguards:
Judge Rules
Object of the section is to find out whether confession was voluntary or not.
Voluntariness:
Bharat v. State of Up
Confessions can be used if court is satisfied that they are true and voluntary. Truth is adjudged
in the context of the entire prosecution case. Confession must fit into the proved facts and not
run counter to them. If all requirements are satisfied, most patent piece of evidence against the
maker.
Retracted confessions
Pyare Lal Bhargava v. State of Raj
Court cannot base conviction on retracted confession only, without any corroboration. It may still
form the basis of conviction if satisfied that it was initially made truly and voluntarily.
Safeguards:
● reasonable grounds to believe (IPC S26)
● S.165 r/w s.100 can be used to search a place as well as a person. Police must procure
some independent witnesses (S.100).
But generally, it is satisfaction of police and not court, and this does not have a bearing on
admissibility, but reliability.
S.166A
Letter rogatory:
- If evidence is in juris outside India, then IO should make application to any Criminal
Court, who will then issue a letter to competent court or authority in the foreign
jurisdiction - either to examine some person and record his statements or to collect some
evidence/documents- and to forward whatever was collected.
The other country is not mandated to respond
- The court has to send the letter as per CG instructions - S. 166A(2): Standing Order
445E of MHA
IO or superior officer TO local crim court TO NCB (unit of CBI, India’s Interpol office),
MEA and MHA get involved to see how imp case is and which is the other country. Then
after they approve, our diplomatic agency will give to other country interpol office. There,
they will send it to their local court who may itself record or ask police to do it. Everything
will be done as per their procedure.
- Value of such evidence is as per S. 166A(3): as if collected under this chapter
So if it was a statement recorded by police, would have value of 162 statement, of
magistrate, then it would have value of 164 statement. If their search procedures are vv
different, can even make evidence collected inadmissible. So evidentiary value is based
on Indian law
So this can create lot of problems, especially in context of electronic evidence as 65B of
IEA has some strict requirements and law is that can’t admit without the required
certificate. So if they don’t have similar requirements, it’s pretty pointless.
- Under s. 188, need CG permission to proceed against anyone who can be punished
under Indian law but is in some other country - need sanction for inquiry or trial.
- CBI v Ram Narayan: for investigation in foreign juris, need S. 166A. For inquiry or trial,
need S. 188.
Section 166B: similar to 166A but used when some other country needs evidence from India.
CG can authorise police or magistrate to investigate.
S. 166A and 166B can also be used to allow our police to go elsewhere or for foreign police to
come to India and investigate
See different types of Interpol notices: red, yellow, green, black, purple (red notice is used for
fugitives or persons escaping trial - proclaimed offender)
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S.41 - arrest
S.41A, B, C
S.42
S.43
S.44
S.45
S.46
S.47
S.171 - bond