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JAFFER S.S
M.A, (L.L.B)

Criminal procedure code, juvenile justice act and

probation of offenders act

SHORT QUESTIONS
1. Investigation
According to Section 2(h) of the Code Investigation is to be conducted always by a
police officer or another authorised person (other than a Magistrate). It includes all the
proceedings under the Code for the collection of evidence. In other words, the Police Officer
conducts investigation and collects evidence for the purpose of inquiry and trial by the Court.

It means that Investigation is considered to be one of the most important aspects of crime
detection. Investigation is conducted generally by the police. But when the Magistrate
authorises a private person, he also can conduct investigation. Investigation includes all the
steps under the Cr.P.C. for the collection of evidence.

There are so many steps in the investigation. Supreme Court explained these steps in the case
of H.N. Rishbud vs. State of Delhi, A.I.R 1955 SC 196;
According to the Supreme Court investigation consists of:
(a) Proceeding to the place where the offence has been committed;
(b) Ascertainment of the facts and the circumstances of the case;
(c) Accused or the suspected offender has to be discovered and arrested;
(d) Evidence has to be collected relating to the commission of the crime.

Important points relating to Investigation:-

 Sections 154 to 176 of Cr.P.C. deal with information to the police and the powers to
investigate. These Sections provide very elaborate provisions relating to the way in which the
investigation is to be carried out and the limitations imposed by law on the process of
investigation.
 Police can investigate only the cognizable offences. They can investigate the non-
cognizable offences only when directed by a Magistrate. This is the limitation.
 The power of investigation has not been conferred on each and every police officer.
This power of investigation has been given only to an officer incharge of a Police Station or any
other officer of a higher rank.
 In the name of investigation people should not harassed by the police. Should not be
unnecessary delay in conducting investigation.
 If the materials available do not disclose the commission of a cognizable offence then an
investigation cannot be permitted.
 High Court has got the power to stop and quash the investigation under Article 226 of
the Indian Constitution and under Section 482 of Cr.P.C., if it comes to the conclusion that the
material collected is not enough to identify a prima facie case.

2. Public Prosecutor
The expression ‘Public Prosecutor' is defined as "any person appointed under Section
24 of the Code and includes any person acting under the direction of a public prosecutor." The
main object of criminal law is to punish the offenders and to eradicate crime rate. For this
purpose, the Code empowers the Central and State Governments to appoint public
prosecutors. The function of the public prosecutors is to conduct prosecution and other
criminal courts in Magistrate Courts, Sessions Courts and High Courts.
Section 24 of the Code of Criminal Procedure, 1973 confers on the State and Central
Governments, power to appoint Public Prosecutors and Additional Public Prosecutors in
consultation with the High Court concerned. In every district, Public Prosecutor and
Additional Public Prosecutors are to be appointed by the State Government. To be eligible to
be appointed as a Public Prosecutor or an Additional Public Prosecutor, the person must have
been in practice as an Advocate for at least seven years. An Advocate with ten years practice or
more can also be appointed as a Special Public Prosecutor.
The District Magistrate (The District Collector), in consultation with the District Sessions
Judge, prepares a panel of names, who are in his opinion found fit to be appointed as Public
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Prosecutors or Additional Public Prosecutors in the District. Then, the State Government
appoints from out of the panel as Public Prosecutors and Additional Public Prosecutors. He
acts on behalf of the State to prove the guilt of the accused and to punish him. In simple, he
tries to convict the accused.

3. Search Warrant
A search warrant is a written authority given to a Police Officer or other person by a
competent Magistrate or Court for the search of any place either generally or for specified
things or documents or for persons wrongfully detained. A search warrant under Section 93 of
the Code can be issued only under following circumstances:
1. Where the Court has reason to believe that the person summoned to produce a document or
thing will not produce it,
2. Relevant document not known to the Court and it is in possession of any person; and
3. Where a general inspection or search is necessary.
Other circumstances in which search may be conducted:
1. Search of a place suspected to contain stolen property or forged documents (Sec. 94).
2. Search for a person wrongfully confined (Sec. 97).
3. Power to compel restoration of unlawful detention of women or a female child under age of
18 years (Sec. 98).
4. Search for publications to be forfeited by the Government (Sec. 95).
5. Search of a place without warrant conducting in presence of Magistrate (Sec. 103)
6. Search by Police Officer without any warrant under Section 165 of the Code and Police
Officer has the power to conduct search in limits of other Jurisdiction under Section 166 of the
Code,
7. Forms and duration of search warrants is explained Sections 70 and 72 of the Code.
8. When a warrant is directed to a Police Officer, he may endorse to another Police Officer for
its execution (Sec. 74)

4. First Information Report

The information given to a police officer and reduced to writing as required by Section
154 of the Code is known as the "first information report". It is an important document and
may be put in evidence to support or contradict the evidence of the person who gave the
information. The investigation proceeds on the first information only.

The expression "First Information Report" denotes something in the nature of accusation or
allegation as to commission of an offence with a view to put the police in motion. It is an
information relating to commission of a cognizable offence given to police orally or in writing,
in order to put the police in motion to investigate the matter. If the report is oral, it is to be
reduced in writing. The informant must sign the report.
Essentials:
1. Any person can give information of cognizable offence to police.
2. Information has to be given to a Police Officer having Jurisdiction. (now zero FIR inserted in
Criminal Law Amendment by Verma’s Committee after the incident of the Nirbhaya Rape case)
3. Police Officer must reduce such information into writing.
4. Police Officer must take the signature of the informant.
5. Recorded information must be read over to the person informed.
6. Police Officer must make entry in General Diary (GD) about such information.
7. Police Officer must give a copy forthwith to informant
8. He must send FIR to the Magistrate under Section 157 of the Code (procedure of
investigation).
9. If a Police Officer refuses to record the information, the aggrieved person may send a copy
by post to the Superintendent of Police under Section 154 (3) of the Code
10. Provision of Section 154 of the Code is mandatory and the concerned officer is duty bound
to register the case on the basis of such an information disclosing cognizable offence.

5. Juvenile Delinquency
Juveniles or Children are the pillars of the progressive nation they may be described as
the "crystallised energy stored reservoirs of the country".
The term 'Juvenile' means "Child" and "Delinquent' means "Criminal". "Juvenile
Delinquency means "Crime committed by a child or child criminal". It means deviant child
behaviour, which includes wrong doing, disorderly conduct, malicious mischief, growing up in
idleness, wandering in streets etc. Smoking and drinking by children also come within the
purview of juvenile delinquency. Juvenile delinquency is a gateway of adult crime. A large
percentage of criminal careers have their roots in the childhood.
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Definition: It is very difficult to define Juvenile Delinquency. The reason is crime is a varying
concept as it changes from place to place and from time to time. Various statutes defined
juvenile delinquency in different terms. A few of them are given below:
The Legal Definition of Juvenile Delinquency is "any act prohibited by law for children upto a
prescribed age limit".
The expression Juvenile delinquent has not been defined in the new Act of 2015,
However, according to Section 2(35) of the Act, "Juvenile" means "a child below the age of
eighteen years. Child in conflict with law under Section 2(13) means a child who is alleged or
found to have committed an offence and who has not completed eighteen years of age on the
date of commission of such offence.
Causes of Juvenile Delinquency:- There are various causes of juvenile delinquency. Notable
among them are stated hereunder:
1. Broken home/family.
2. Poverty.
3. Bad Companionship.
4. Early Physical Maturity; and
5. Lack of proper education.

6. Observation Homes
(1) The State Government shall establish and maintain in every district or a group of districts,
either by all or through voluntary or non-governmental organisations, observation homes,
which shall be registered under section 41 of The Juvenile Justice (Care and Protection of
Children) Act, 2015 for temporary reception, care and rehabilitation of any child alleged to be
in conflict with law, during the pendency of any inquiry under this Act.
(2) Where the State Government is of the opinion that any registered institution other than a
home established or maintained under sub-section (1), is fit for the temporary reception of
such child alleged to be in conflict with law during the pendency of any inquiry under this Act,
it may register such institution as an observation home for the purposes of this Act.
(3) The State Government may, by rules made under this Ad provide for the management and
monitoring of observation home including the standards and various types of services to be
provided by them for rehabilitation and social integration of a child alleged to be conflict with
law and the circumstances under which, and the manner in which, the registration of an
observation home may be granted or withdrawn.
(4) Every child alleged to be in conflict with law who is not placed under the charge of parent
or guardian and is sent to an observation home shall be segregated according to the child's age
and gender, after giving due consideration to physical and mental status of the child and
degree of the offence committed.

7. Parole System
Parole is the release of a prisoner, either temporarily for a special purpose or completely
before the expiry of a sentence, on the promise of good behavior; such a promise is known as a
word of honour provided in the parole order. The word parole is derived from the French 'je
donne ma parole 'I give my word.' i.e. the word of honour. This word was used by the
prisoners of war for their release by giving promise to the captor.

Therefore, in simple words, Parole is the pre-mature conditional temporary release of a

prisoner on the terms of abiding by the conditions along with the observance of certain
restrictions to avail the privilege of returning back to the society and socialize with family and
friends keeping in mind correctional theory and preparing to return back to his social life. It is
mere suspension of the sentence for time-being keeping the quantum of sentence intact. If the
paroled prisoners violate the conditions on which they are released, they may be returned
back to the prison.

Eligibility for the grant of parole:

1. A convict must have served at least one year in jail, excluding any time spent in
remission.
2. The prisoner’s behaviour had to be uniformly good.
3. The criminal should not have committed any crimes during the period of parole if it
was granted previously.
4. The convict should not have broken any of the terms and restrictions of his or her
previous release.
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5. A minimum of six months should have passed since the previous parole was
terminated.

Grounds for Parole:

The maximum period allowed for parole is one month and the prisoner has to fulfill the
condition of the minimum prison time to be served, to be applicable for parole. Some of the
grounds on which parole is approved are:-
 Serious illness of a close family member.
 Death of a family member.
 An accident of a family member.
 The marriage of a family member.
 Delivery of a child by the prisoner's wife.
 Serious damage to life or property of a family member due to natural calamity.
It is important to note that a certain category of prisoners is exempted from the privilege of
parole such as prisoners convicted for terrorism, multiple murders, and are a threat to
national security, etc.

8. Double Jeopardy
The concept of Double Jeopardy in defined in Indian Constitution under Part III, Article
20(2) of the constitution and Section 300 of CrPC 1973.

Double Jeopardy is defined as that no person shall be convicted for one offence more than
once. Any person who has been acquitted or convicted of any offence once shall not be
convicted again for the same offence for which he/she is already acquitted or convicted.

Double Jeopardy: Constitution of India

Part III of Indian Constitution defines on fundamental rights available to people within the
territory of India. Under these fundamental rights, one of the right which is defined in Art
20(2) states that: No person shall be prosecuted and punished for the same offence more than
once.

Double Jeopardy: Criminal Procedure Code,1973

It enunciates the common law principle related to doctrine of autrefois acquit and autrefois
convict. It means that if a person tried and acquitted or convicted of an offence, cannot tried
again for same offence or same facts for any other offence. This doctrine incorporated in
Article 20 (2) of the Constitution as Doctrine of Double Jeopardy.
Provision: In order to stop the trial of a person already tried, it must show that:
1. Person had tried by a competent Court for the same offence. He charged for same facts
with different offences;
2. He had also convicted or acquitted at the trial; and
3. Also such conviction or acquittal is in force.

9. General Diary
A general diary (GD) entry or a daily diary entry is made when any kind of complaint is
lodged and the police enter the details in their records. Thereafter, if the police believe that
there is some prima facie evidence of a cognizable offense being committed, it is registered as
an FIR.

If the complaint made is relating to a non-cognizable offense, the general diary entry will still
be made, but thereafter, it will be entered into a non-cognizable report.

The general diary entry is, therefore, a stage prior to the FIR or non-cognizable report. The
general diary entry is an internal police record, while in the case of FIR or non-cognizable
report, a copy of these will be provided to the complainant.

The General Diary is a record of all important transactions/events taking place in a police
station, including departure and arrival of police staff, handing over or taking over of charge,
arrest of a person, details of law and order duties, visit of senior officers, etc.

10. Summons and Warrant

Summons:
A summon is a form of legal process from court that commands an individual to appear before
the court on a specific day and time to answer to the complaints of the plaintiff or to present
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some disputed document. A summon can be issued in cases concerning both criminal and civil
disputes.
Section 2(w) defined summons case as a case relating to an offence, and not being a warrant
case” which means a less serious offence. And Chapter VI, Section 61 to 69 Criminal Procedure
Code, 1973 mainly deals with the issuance of summons.
Significant of Summons:-
1. Summons case means a case not being a warrant case
2. Cases are less serious in nature.
3. Magistrate shall issue summons.
4. In lieu of summons court may issue warrant under Sec.87. In such case he shall record
reasons for doing so.
5. Sec. 61 speaks about from summons
6. Summons must be prepared in duplicate
7. Person serving has to take signature on receipt.
8. Magistrate may dispense with personal attendance of person u/s 205.
9. If the accused is not found, affix a copy at conspicuous Place.
10. In case of Government servant, u/s 66 of the Code authorises to issue summons through
superior officer.
11. If accused is in outside Jurisdiction, send it to the concern Magistrate.

Warrant:
Section 2(x) defines a warrant case as an offence that can punishable with death,
imprisonment for life, or for a term exceeding 2 years.
A warrant is a written document issued by the court to compel the appearance or arrest of any
person or search any place that the court requires. The warrant of arrest has been dealt with
under section 70 to 81 in the Criminal Procedure Code.
Essentials of Warrant
According to section 70 of the Criminal Procedure Code:
1. The warrant of arrest must be in writing.
2. It must be signed by the Magistrate.
3. It must bear the seal of the court.
There are two types of warrants that can be issued in criminal cases, which are:
1. Arrest Warrant - (Section 70 to 81 of the code deals with an arrest warrant).
2. Search warrant - (Section 93, 94, 95, and 97 mainly deals with the provision of search
warrant).
The Arrest Warrant is further divided into two:-
Bailable Warrant (Section 71) and Non- Bailable Warrant (Section 76)

Contents of Warrant:-
1. Name of the court,
2. Name of the police officer executing it,
3. The offence for which the person is accused of,
4. The Place where the offence has been committed,
5. Seal of the court,
6. Sign of the presiding officer,
7. Name and Address of the accused person.

Significant of Warrant:-
1. Warrant case means a case relating to an offence punishable with Death, Imprisonment of
life or Imprisonment for a term exceeding two years.
2. Case of serious in nature.
3. May issue Warrant or summons.
4. Warrant of arrest is a written order issued by Magistrate and addressed to a Police officer.
5. A bailable warrant of arrest may be issued under Sec. 70 to 73. It is a warrant with a
direction that shall be released if executes a bond and gives security.

Execution of Warrant
 According to section 72 of the Criminal Procedure Code, a warrant may be directed to
the police officer or any person.
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 According to section 74 of the Criminal Procedure Code, a warrant directed to any

police officer can also be executed by any other police officer whose name is endorsed upon by
the police officer directed.

 According to section 78 of the Criminal Procedure Code, when the warrant is to be

executed outside local jurisdiction then, such warrant will not be directed to the police officer.
Instead, it will be directed to any Executive Magistrate, District Superintendent of Police or
Commissioner of Police within whose local jurisdiction the warrant is to be executed they may
further endorse the name of the police officer thereon.
 According to section 80 of the Criminal Procedure Code, such arrested person shall be
taken before such Magistrate or District Superintendent or Commissioner in whose district
arrest is made;

11. Probation
The Probation of Offender Act, 1958 aims at providing the release of the accused if he
has been found not guilty of an offence not punishable with death or life imprisonment after
due admonition. Section 3 to Section 12 of the Probation of the Offender Act, 1958 deals with
the procedures of the court to deal with the release of the offenders.
After the amendment in 1973, the probation was dealt with in Section 360 of the Code
of Criminal Procedure. This Section says that if:
1. The person must be at least 21 years old.
2. The individual should not have been fined or sentenced up to seven years in prison.
3. The individual under 21 years of age or woman should not have been sentenced to
death or life in prison, with no previous conviction keeping in mind the age, character,
background and other circumstances.
4. Can be released on bond with or without sureties
5. Has to appear and receive sentence (not exceeding 3 years).
6. The court might release him on entering the bond for good conduct and peace instead
of punishing the offender with imprisonment.

12. Acquittal
Acquittal is the verdict given by the Judge that legally confirms the innocence of the
accused. Hence, it is given when the court finds that the accused has not committed the crime,
charged on him. It implies that the prosecutor remained unsuccessful to prove in the court
that the case is beyond a reasonable doubt.
Essentials of Acquittal:-
1. Evidence for the prosecution is taken
2. Examining of the accused is done.
3. Hearing is done for both prosecution and the defense.
4. The Judge considers that there is no evidence that the accused committed the offence.
5. The Judge can pass order of acquittal u/s 232 of the Code (With reasons)
In Briefly:-
 The decision is given when after examination of the evidence and arguments regarding
the case provided by the prosecution and defence, the Judge is of the view that the accused is
innocent, as there is no strong evidence that supports the commission of the offence by the
accused, Acquittal is given.
 Hence, there is no such evidence submitted to the court that confirms the commitment of
the crime by the accused only.
 If, on the evaluation of the evidence received against the accused, provided by the
prosecution, the judge believes that there is no solid proof which indicates that the accused
has committed the offence, the judge orders Acquittal of the accused as per section 232 of the
Criminal Procedure Code.
 Nevertheless, when the offender is not acquitted by the court under section 232,
he/she will be allowed to give defence and evidence. And after considering the arguments of
the two sides, the court may acquit the accused under section 233 of CrPC.

13. Police Diary

Under the provision of Section 172 Cr.P.C., every Police Officer conducting the
investigation shall maintain a record of investigation done on each day in a Case Diary in the
prescribed Form. Case Diaries are important to record the investigation carried out by an
Investigating Officer. Any Court may send for the Case Diaries of a case under inquiry or trial
in such Court and may use such diaries, not as evidence in the case, but to aid it in such inquiry
or trial.
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The statement of the witnesses recorded during the course of the investigation under section
161. These such diary shall be a volume and duly paginated.

Section 172 of the Code requires every investigating police officer to maintain a diary called
'Case Diary'. It is also known as 'Special Diary', or 'Station-house Report’ or ‘Police Diary’. The
main purpose of the diary is to enable the Court/Magistrate know the day to day information
and check the method of investigation by the police. The police officer enters daily in the case
diary, the proceedings of the investigation stating:
1. The time at which the information reached him;
2. The time at which the investigation was started and closed;
3. Places visited by him in this connection; and
4. A statement of the circumstances ascertained through his investigation.
The Case Diary is of utmost importance since it contains important facts in a
chronological order. Oral statements of witnesses should not be recorded in the case diary.

14. Executive magistrate

The Code adopted the separation of judiciary from the Executive. The Judicial
Magistrates and Metropolitan Magistrates are under the control of the High Court, while the
Executive Magistrates (District Collector, Sub-Collector and Tahsildar/M.R.O.) are kept under
the control of the State Government (Under Section 20 of the Code).
In every district and every metropolitan area, the State Government is empowered to appoint
as many persons as it thinks fit to be Executive Magistrate. One of them is also to be appointed
as the District Magistrate. Similarly, it may also appoint any Executive Magistrate to be an
Additional District Magistrate. Moreover, the State Government can also confer, under any law
in force, all the powers of an Executive Magistrate on a Commissioner of Police. The State
Government can also place an Executive Magistrate in charge of a sub-division and may relieve
him of the charge as occasion requires. Such a Magistrate is called the Sub Divisional
Magistrate. Under the 2005 Amendment, this power of the State Government may be
delegated to the District Magistrate.
The State Government is also empowered to appoint Executive Magistrates, known as Special
Executive Magistrates, for particular areas, or for the performance of particular functions, and
confer on them such of the powers as are conferrable on Executive Magistrate under the
Criminal Procedure Code.

15. Summary Trial

Summary Trial means 'speedy trial' or without any delay of formal proceedings i.e. in
an informal manner. Certain cases, both summons cases and warrant cases, which are
relatively less serious may be tried summarily. For trial of such cases, the procedure is the
same i.e. summons cases are tried according to the summons case procedure and warrant
cases are tried according to warrant case procedure. But, elaborate recording of evidence is
not necessary.
Sections 260 to 265 under Chapter XXI of the Code deal with Summary Trials. The Magistrates
empowered to try cases summarily are Chief Judicial Magistrate, Metropolitan Magistrate,
Magistrate of the First Class (specially empowered by the High Court) and Magistrate of the
Second Class (specially empowered by the High Court). No sentence of imprisonment for a
term exceeding three months
Summary trial is an abridged form of regular trial and is a short cut in procedure. In order to
conduct summary trials, it is necessary that only senior and experienced judicial officers
should be empowered to try petty cases summarily.
The following are the important points relating to summary trials:
1. Summary Trial is permitted for petty cases only.
2. According to Section 260 (1) of the Code, Chief Judicial Magistrate or Metropolitan
Magistrate or Judicial First Class Magistrate or IInd Class Magistrate, may, if thinks fit, try in
summary way all are any of the offences mentioned in Section 260 Clause (1) of the Code.
3. Offence Triable by summarily are as follows:
(a) Offence punishable less than Two years Imprisonment.
(b) Where the theft is worth less than Rs.2000/-.
(c) Offence of receiving stolen property worth less than Rs 2000/-
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(d) Concealment stolen property worth less than Rs.2000/-

(e) Offence of house trespass
(f) Offence of breach of peace under Section 504 of the Indian Penal Code, 1860.
(g) Offence of criminal Intimidation under Section 506 of the Indian Penal Code, 1860
(h) Offence under the Cattle Trespass Act, 1871.
4. Punishment in summary trials may be fine (there is no restriction) or imprisonment only
upto three months.
5. Summary Trial can be changed to regular case trial [Sec. 260 (2)]
6. Record in summary trial consists of details of name, date, offence, address, plea, findings,
sentence and date of termination of proceeding.

16. Estoppel
The term "estoppel' is derived from the French word 'estoup', which means "shut the
mouth". The principle of estoppel is based on the principle of equity and good conscience. It is
enshrined in the maxim "Allegans contraria est Audiendus", which means "a man alleging
contradictory facts ought not to be heard". When a person tells us something, we generally
hear him. If he says something different or contradicting, we would not hear any more and
contradict such statement.
The principle of issue-estoppel is entirely a creature of judicial decisions and has not yet been
embodied in the Code or any other statute. When the parties in both cases are the same and
the issue and the facts leading to formations are the same, the finding on the issue cannot be
agitated again in the second case. This is based on the principle of res judicata. There is no
specific direction or legislative rule on this principle but the Supreme Court applied it in a
number of cases.
Pritham Singh vs. State of Punjab, 1956 AIR (SC) 415
In this case, the accused was tried for possessing a revolver without licence and he contended
that he did not possess any revolver. He was acquitted holding that no possession is proved. In
a subsequent trial on charge of murder, it was held that the fact of possession of the revolver
on that day cannot be proved against the accused as the prosecution was bound by the earlier
decision on the point and was estopped from proving possession.

17. Cognizable and Non-cognizable offences

For the purpose of Administration of Criminal Justice, offences are classified under
Schedule-I of the Code of Criminal Procedure as Cognizable and Non-cognizable offences.
According to Section 2(c) of the Code “Cognizable offence” means an offence for which, and
“Cognizable case” means a case in which a police officer may, in accordance with the First
schedule or under any other law for the time being in force, arrest without warrant;
Cognizance of an offence can be taken by a magistrate in three different ways:
(a) Upon receiving a complaint of the facts which constitute an offence;
(b) Upon a report in writing of such facts made by any police officer, and
(c) Upon information received from any person other than a police officer, or upon his own
knowledge or suspicion, that such offence has been committed.
 All serious offences are cognizable for which imprisonment is not less than three years
 In case of offences relating to marriage such as offence of Adultery or Bigamy through
the punishment is more than three years they are as Non-Cognizable offence.
 Under the Code, offences against Public tranquillity are punishable with less than three
years, but such offences are treated as Cognizable.
Examples under IPC classification which are Cognizable Offences:
Sec 121 - Waging war against the Government of India.
Sec.124-Assaulting the President of India or the Governor
Sec 302-Murder.
Sec.304-Culpable homicide not amounting to murder.
Sec. 304-A - Causing death by rash or negligent act.
Sec.304-B - Causing dowry death.
Sec.379-Theft.
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Sec.384- Extortion. Etc.

According to Section 2(l) of the Code “Non-Cognizable offence” Means an offence for which, and
‘Non-cognizable case’ means a case in which, a police officer has no authority to arrest without
warrant;
 A police officer has no authority to arrest without warrant.
 According Section 42 of the Code, if any non cognizable offence committed in the
presence of Police Officer and offender refuse to give name and address, a Police officer may
arrest such person or to ascertain such person’s name and address.
 Police officer should not investigate any non-cognizable offence without the authority
given by Judicial Magistrate.
 Non Cognizable offences are less serious in nature i.e less than three years punishment
offences.
 Under the Code, offences of giving false evidence or fabricating evidence or causing
disappearance of evidence are punishable with more than Three years but such offences are
being treated as non-cognizable.
Examples under IPC classification which are Non-Cognizable Offences:
Sec. 168- Public officer unlawfully engaging in any trade.
Sec. 172-Absconding to avoid service of summons.
Sec. 177-Knowingly furnishing false information to a public servant.
Sec. 186-Obstructing a public servant in discharge of his public functions.
Sec. 278 - Making atmosphere obnoxious to health.
Sec. 294-A - Keeping a lottery office.
Sec. 426-Mischief.
Sec .477A -Falsification of account. Etc.

18. Bail
Article 21 of the Constitution of India guarantees the protection of life and personal
liberty to all persons. It guarantees the fundamental right to live with human dignity and
personal liberty, which in turn gives us the right to ask for bail when arrested by any law
enforcement authority.
The term ‘Bail’ has not been defined under the Criminal Procedure Code, 1973. Only the term
‘Bailable Offence’ and ‘Non-Bailable Offence’ has been defined under Section 2(a) of Cr. PC.
1. Bailable Offence:
Bailable Offence is one in respect of which a person arrested is entitled to be released on bail
from the custody or detention.
Section 2(a) of the Code defines "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
force". Generally, the offences punishable with less than three years imprisonment are
bailable. Sec. 436 of the Code confers on the accused, right to bail in case of bailable offences.
The Court may grant bail against reasonable security.

2. Non-bailable Offence:
According to Section 2(a) of the Code, the other offences, which are not shown as bailable
under the First Schedule are called "Non-bailable Offences". Non-bailable offences are more
serious, when compared to the bailable offences. Generally the offences for which the
punishment is three years imprisonment or more, are non-bailable.
The provisions relating to Bail and Bonds are mentioned under Chapter XXXIII containing
Section 436-450 of the Code.
 Sec.436 deals with the In what cases bail to be taken.
 Sec.437 makes provision for bail to be taken in respect of non-bailable offences.
 Sec.438 speaks about direction for grant of bail to person apprehending arrest (ie,
anticipatory bail).
 Sec 439 deals with special powers of High Court or Court of Session regarding bail.

19. Charge
The term ‘charges’ in the criminal law, basically means the allegations or the offences
imposed on a person.
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Charge defined under section 2(b) of The Code of Criminal Procedure “Charge includes any
head of charge when the charge contains more heads than one”.

Section 211 to 217 of the Code under Chapter XVII deal with form of charge. Charge simply
means accusation. A charge is a formal recognition of concrete accusation by magistrate or a
court based upon a complaint or information against the accused. The Court held that the
purpose of framing of charge is to give intimation to the accused of clear, unambiguous and
precise notice of the nature of accusation that the accused is called upon to meet in the course
of trail.
Contents of the charge
As per section 211 and 212 of the Code of Criminal Procedure, 1973, the contents of the
charges are related to informing the accused against which he is charged. The following are
the requirements for every charge.
 The charge should be mentioned in the name according to that name only which is
specified in the law.
 If there is no specific name to the law, so in order to inform the accused against which he
is charged, the definition of the offense must be stated.
 The accused must be informed against which law and section he is charged.
 The accused against which he is charged should be fulfilled as the charge is equivalent to
the statement and in every law, it has to be followed.
 It should be written in the language in which the court operates.
 If the accused is being charged or convicted for any previous case, all the laws and
sections under which he is charged or convicted must be added in the charge.
 There should be the mention of the place, time and other related particulars against
whom an offense has taken place, at what place and time it took place.
 When an offense is related to the breach of trust or dishonest misappropriation of money
or other movable property, the gross amount and the description of the property with the
date, time and place are sufficient for constituting a charge. And if a charge does not include
the item or specific date so as per section 219 the charge will be considered of one offense.
Illustration:
1. A is charged under section 326 of the IPC with voluntarily causing grievous hurt to B by
means of an instrument for shooting. This is equivalent to a statement that the case was not
provided for by section 335 (Voluntarily causing hurt on provocation) of IPC the general
exceptions did not apply to it.
2. A is charged under section 184 of the IPC with intentionally obstructing a sale of property
offered for sale by the lawful authority of a public servant. The charge should be in those words.

20. Complaint
Section 2(d) in The Code Of Criminal Procedure, 1973. "Complaint" means any
allegation made orally or in writing to a Magistrate, with a view to his taking action under this
Code, that some person, whether known or unknown, has committed an offence, but does not
include a police report.

If the Police Officer or officer in charge refuses to register a first information report about
commission of a cognizable offence within his territorial jurisdiction under Section 154(3), the
informant can approach any senior officer of police or the Superintendent of Police or the
Commissioner of the police with a written complaint.
If even after submitting a complaint to Senior Police officials no FIR is lodged then the
informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan
Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the
FIR to be registered by the police and commencing investigation into the matter. The
Informant can file a Complaint under Section 200 CrPC.
Contents of Complaint:-
(a) Complaint is defined u/s 2 (d), which means any allegation made orally or in writing to a
magistrate, with a view to his taking action under the code, that some person whether known
or unknown has committed an offence. It, does not include a police report.
(b) Complaint can be filed by any person subject to certain exceptions.
(c) Complaint is made to a magistrate.
(d) A complaint may relate to a cognizable or non-cognizable offence.
(e) When complaint is filed no investigation is done by the police officer until directed by the
competent authority.
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(f) A Magistrate takes cognizance on the complaint made to him at the very first stage.
(g) No prescribed format is given for filing a complaint. But some essential ingredients are to
be satisfied.

21. Appeal and Revision

Appeal:
Chapter XXIX containing Section 372 to 394 of the Code lays down the provisions relating to
Appeals. The term ‘Appeal’ has not been defined any where in the Code. It literally means, “any
proceeding taken to rectify an erroneous decision of a court by bringing it before a higher
court”.
Appeal is defined as an application of plea that is brought to a higher court to review the
decision of the lower court. Such application comes as a legal proceeding and cannot be made
to the court on the same level as the trial court but to a higher court.
For instance, an aggrieved person can file an appeal against the decision of the Magistrate
Court to the High Court of the State, he or she can file an appeal against the decision of a High
Court to the Court of Appeal, and likewise to the Supreme Court. The decision of the Supreme
Court is final and there is no appeal afterward.

Revision:
Chapter XXX Section 397 to 405 of the Code lay down the provisions relating to the Revision.
The revisional Jurisdiction is derived from three sources:
(1) Section 397 to 401 of CrPC.
(2) Article 227 of the Constitution of India.
(3) The power to issue the writ of certiorari.
The term “revision” has not been defined under the CrPC 1973 the word revision denotes to
reconsider for the purpose of correction or to alter. As per Section 397 the High Court or any
Sessions Judge has been granted the power to call for or study the records for any proceeding
in order to satisfy the following conditions-
 To check the correctness, legality or propriety of any finding, sentence or order
whether recorded or passed
 To examine the regularity of any proceedings of an inferior court

The High Court or Sessions Judge may also have the power to direct the execution of any
sentence or any order in particular manner as is justified. These are not the only powers, but
they may also exercise the power to direct the release of the accused on bail or on his own
bond, if the accused is kept in confinement. Further, they might also order for an inquiry on
subject to certain limitations and the main purpose behind granting of these powers to the
appellant courts is to prevent any failure of justice at the hands of Court or judges.
In the landmark judgment of Amit Kapoor v. Ramesh Chander & Anr. the Supreme Court of
India held that, “the revisional jurisdiction can be invoked only when the impugned decisions
are grossly erroneous and there has been no compliance to the provisions of law in those
judgments and the findings recorded are based on no evidence, the material evidence is
ignored or judicial discretion is exercised arbitrarily or perversely.”

22. Fair trial

A fair trial is an open trial by an impartial judge in which all parties are treated equally.
The right to a fair trial is one of the fundamental guarantees of human rights and rule of law,
aimed at ensuring the administration of justice. A fair trial includes fair and proper
opportunities allowed by law to prove innocence.
Right to free legal aid is one of the fundamental right that has been provided to every citizen of
our country and has been enshrined in Art 22(1) of the Constitution of India. Criminal
procedure code of 1973 has also incorporated this ideology in section 304 of the act.

Section 304 of the Code of Criminal Procedure. Legal assistance to a poor person facing trial
whose life and personal liberty is in jeopardy is mandated not only by the Constitution and the
Code of Criminal Procedure but also by International Covenants and Human Rights
Declarations.
Principles of Fair Trial:-
1. Adversary trial system 8. Evidence to be taken in presence of
2. Presumption of innocence accused
3. Independent, Impartial and Competent 9. Protection against illegal arrest
judge 10. Right to bail
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4. Knowledge of accusation 11. Prohibition on double jeopardy

5. Right to open trial 12. Right against self-incrimination
6. Right to free legal aid 13. Right to Appeal
7. The trial in presence of accused

23. Public Nuisance

Sections 133 to 143 of the Code of Criminal Procedure, 1973 lay down the provisions
relating to "Prevention or Removal of Public Nuisance". The word 'Nuisance' means "to hurt
or to annoy". Public Nuisance is an act or omission causing injury, obstruction, danger or
annoyance to the public at large or people in general.
Definition: Section 133 defines Public Nuisance as "A person is guilty of a public nuisance, who
does any act, or is guilty of an illegal omission, which causes any common injury, danger, or
annoyance to the public or to the people in general who dwell or occupy property in the
vicinity or which must necessarily c obstruction, danger, or annoyance to persons who may
have occasion to use any public right".
A common nuisance is not executed on the ground that it causes "some convenience or
advantage".
Re Venkata Reddy (1952)
In this case, the accused, in front of his house, built a cross bund across the rasta (road). As a
result, the flow of rain water was stagnated causing inconvenience to the public. It was held
that it was a clear case of public nuisance.

24. Seizure
Chapter VII of the Criminal code of procedure, 1973 deals with all the provisions of
search and seizure in India. The act of seizing refers to the process of forcibly taking of
property by a government officer from a person who is suspected or proven guilty of violating
law.

Under section 102 (Power of police in case of seizing certain property) of the Code, if any law
officer suspects a stolen thing or suspects anything that is kept inside the property that comes
under punishable offence may search the premises on an immediate basis without a warrant if
there is no time to obtain a warrant from the court. The police officer is other cases is allowed
to seize material that he deems stolen or is found in connection with suspicious use of some
illegal activity and report the seizure to the court of law. In cases where the property is of such
nature that it cannot be brought to the court of law, a police officer may execute bond to the
owner of such property to produce the property before the court of law when required.
The CrPC under chapter VII does everything to limit this misuse of power by any law officer
and on the same hand empowers police to search and seize property or material which can be
an evidence to an investigation. In cases where law officers exceed their powers regarding
such search and seizure, due punishment should be awarded to the guilty officer. Therefore it
is a tool of great help in the justice system if practiced within limits.

25. Anticipatory bail

Section 438 of Cr.PC deals with anticipatory bail. An order by the Court directing the
authorities to release a person on bail in the event of his arrest. When anticipatory bail is
granted, the person is arrested but released immediately the next moment. This is so because
that there is no question of release on bail unless a person is arrested.

Any person has reason to believe that he may be arrested on accusation of having committed a
non-bailable offence, he may apply to High Court or the Court of Session for a direction under
this section that in the event of such arrest he shall be released on bail.

Salient Features of Anticipatory Bail

1. It is a direction stating that the release of a person before he is arrested.
2. This order becomes operative on arrest.
3. Anticipatory bail is effective at the very moment of arrest.
4. Concurrent Jurisdiction is available to High Court or Sessions Court.
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5. For seeking anticipatory bail general rule is that one must first approach Court of Sessions.
In Onkar Nath Agrawal V. State of U.P. (1976 Cri. LJ 1142), the Allahabad High Court held that in
special cases one might approach directly to High Court also.
6. For seeking anticipatory bail there must be reasonable apprehension of arrest for a Non-
Bailable offence, whether it is cognizable or non-cognizable is immaterial.
7. Offence may be under Indian Penal Code or under any other Acts.
8. It is not necessary of registration of offence against him.
9. It is not necessary to issue of F.I.R. against him.
10. Anticipatory Bail can be granted with conditions under Sec. 438 (2).
11. "No blanket order" of Anticipatory Bail can be granted. It should not be like, "whenever
arrested for whichever offence what so ever"
12. Notice to the public prosecutor be given generally or Court can pass ex-party order.
13. No anticipatory bail after arrest is done.
14. Anticipatory bail to be effective till conclusive of trial.
15. It can not be cancelled unless it is cancelled under Section 437 (5) of the Code.

Adri Dharan Das V. State of West Bengal [2005 Cri.L.J. 1706 (SC)]
In the Apex Court observed that the power exercisable under Section 438 is somewhat
extraordinary in character and it is only in exceptional cases where it appears that the person
may be falsely implicated or where there are reasonable grounds for holding that a person
accused of an offence is not likely to otherwise misuse his liberty then power is to be exercised
under Section 438 of the Code.

26. Sessions Court

Besides the High Courts and the courts constituted under any law other than the Code
of Criminal Procedure, according to Sec. 6 of the Code, there are four classes of Criminal Courts
in India, namely:-
(1) Courts of Session,
(2) Judicial Magistrate of First Class and; Magistrate, any metropolitan area, Metropolitan
(3) Judicial Magistrates of the Second Class, and
(4) Executive Magistrates.

Sessions Courts:
A Court of Session is the highest criminal court in a district and the court of first instance for
trying serious offences i.e. those carrying punishment of imprisonment of more than seven
years, life imprisonment, or death. This Courts usually deals with criminal cases.

Sessions Judge or Addl. Sessions Judge Any sentence authorised by law (in case of sentence of
Death, subject to confirmation by High Court), Assistant sessions Judge Imprisonment upto 10
years or and Fine.

Under Section 9 of the Code the State Government is required to establish a Court of Session
for every session division, which shall be presided over by a Judge to be appointed by the High
Court. The High Court may also appoint Addl. Sessions Judges and Asst. Sessions Judges to
exercise Jurisdiction in a Court of Session.
It is also provided that all Asst. Sessions Judges are subordinate to the Sessions Judge in whose
court they exercise jurisdiction. It is for the Sessions Judge to make rules, from time to time, as
to the distribution of business amongst the Asst. Sessions Judges.

27. Maintenance
Sections 125 to 128 deal with the aspect of maintenance for wives, children and
parents. These three sections provide for speedy, effective and rather inexpensive remedy, this
remedy can be used against persons who neglect or refuse to maintain their dependent wives,
children and parents.
Section 125 deals with the order of maintenance of wives, children and parents,
Section 126 deals with the procedure.
Section 127 deals with alteration in allowance.
Section 128 discusses enforcement of order of maintenance.
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Important points:
1. It provides speedy, effective and inexpensive remedy. order may be issued against & in
person who refuses to maintain his dependents.
2. This provision applies to persons belonging to all religions (except to a Muslim divorced
woman).
3. Order passed by Judicial First Class Magistrate is not final, for more maintenance parties
legitimately can agitate in Civil Court even after passing of such orders.
4. Marriage must be valid one. Strict proof of marriage is not necessary.
5. Children include both legitimate and illegitimate.
6. Presumption of marriage can be raised in favour of wife under Section 50 of the Evidence
Act, but such presumption is disprovable.
7. Wife may be minor or major.
8. Such allowance shall be payable from the date of the order, or, if so ordered from At the date
of the application for maintenance under Section 125 (2) of the Code.
9. Section 125 (4) of the Code provides certain disqualifications from claiming maintenance on
following grounds: (a) If wife is living in adultery,
(b) Without sufficient reason refuses to live with him; or
(c) Living separately under mutual consent between husband and wife,or
(d) When she has remarried.
10. Territorial Jurisdiction for filing application under Section 125 of the Code: Proceedings
may be taken against any person in any District:
(a) Where he is living, or
(b) Where he of his wife resides, or
(c) Where he last resided with his wife or as the case may be, the mother
of the illegitimate child (Sec. 126)
11. Enquiry under Sections 125 to 128 of the Code is not a trial. It can't be considered as
acquittal or conviction.
12. Whose marriage is void in view of Section 5 and 11 of the Hindu Marriage Act, 1955 is not
entitled for relief under Section 125 of the Code.
13. On change of circumstances, the Court may alter the order of maintenance or interim
maintenance (Sec. 127).

Important Case laws:-

In Dr. (mrs.) Vijaya Manohar Arabat V. Kashi Rao Rajaram Sawami and another (AIR 1989 SC
1100), daughter having sufficient means of her own independent income apart from of her husband’s
income and when father who is contended that under section 125 of the code, only sons are liable to
pay and not daughters. Her father contention was that the word ‘his parents’ is used in the section and
not as Rejecting this argument, SC held that the word ‘his’ in clause (d) of General Act includes both
male and female children. Therefore, a married daughter is liable to maintain her parents.

In Chandra Bhan V. Smt. Sudha Rani and another (2005 Cri.L.J 1978 ALL), held that insolvency is not a
ground to the husband for not discharging his obligation to maintain his wife and daughter. if a person
is declared insolvent, even then he is under obligation to maintain his wife and daughter, if he is
physical fit do the labour.
In Smt. Kuldeep Kour V. Surinder Singh (AIR 1986 SC 232), SC while allowing an appeal by a wife
against a Judgement of Delhi High Court held that the liability of a husband to pay maintenance
allowance to his estranged wife can not be taken to have been discharged merely by sending him to jail
for default in payment. Sending defaulting husband to jail is only a mode or method of recovery and not
a substitute for recovery of the maintenance allowance, it further said that, husband was not absolved
(discharged) from his liability to pay the monthly allowance by reason of his undergoing a sentence of
jail and the amount of arrears are still recoverable. Sending the person to jail is only a method of
recover and not a substitute for recovery of the maintenance allowance.
In Mohammed Ahmed Khan V. Sha Bano Begum (AIR 1985 SC 945) SC held that Muslim husband
having sufficient means must provide maintenance to his divorced wife, who is unable to maintain
herself, In order for overruling this Judgement, Parliament has enacted the Muslim Women (Protection
of Rights on Divorce) Act 1986. While excludes the Muslim divorced woman or woman who has been
obtained divorce, from the purview of Section 125 of the Code
 15

28. Autrefois acquit and Autrefois convect

Autrefois Acquit and Autrefois Convict are french terms meaning “previously acquitted”
and “previously convicted” respectively. These terms owe their birth to the common law
systems where they have been accepted as doctrines that govern criminal trials Autrefois
Acquit refers to that a person cannot be put on a trial for an offence, he has been previously
acquitted for, similarly, Autrefois Convict refers to that a person cannot be put on trial for the
same offence, he has been previously convicted for. The combination of both the doctrines
gave birth to the Rule against double jeopardy. This Rule refers to that a person cannot be
tried for the same offence again if previously he has been either convicted or acquitted.

Article 20(2) imbibes the principle of autrefois convict, On the other hand, the Code of
Criminal procedure u/s 300 inculcates the principle of autrefois convict as well as autrefois
acquit. It has a wider reach under criminal jurisprudence whereas Article 20 inculcates the
general outline of the rule against double jeopardy.

29. Metropolitan Magistrate

Courts of Metropolitan Magistrate are at the second lowest level of the Criminal Court
structure in India According to the Section 16 of the Criminal Procedure Code, 1973 in every
metropolitan area, there shall be established as many courts of Metropolitan Magistrates, and
at such places, as the State Government may, after consultation with the High Court, by
notification, specify. Metropolitan Courts are to be established at such places in every
metropolitan area having population of ten lakh or more. It has jurisdiction throughout such
metropolitan area. The presiding officers of such courts shall be appointed by the High Court.
A Metropolitan Magistrate is a first class magistrate under the general control of the District &
Sessions Judge and is subordinate to the Chief Metropolitan Magistrate.
According to Section 29 of the CrPc., a Metropolitan Magistrate may pass a sentence of
imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand
rupees.

30. Plea bargaining

The concept of Plea bargaining is a pre-trial negotiation between the accused and the
prosecution where the accused agrees to plead guilty in exchange for certain concessions by
the prosecution. It is a bargain wherein a defendant pleads responsible to a lesser fee and the
prosecutors in go backdrop more serious charges.
It is not available for all types of crime e.g.; Some one can’t declare plea bargaining after
committing heinous crimes or for the crimes that are punishable with demise or life
imprisonment.
Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the idea of
Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005.
The silent features of a plea bargaining are as follows:
1. It is applicable in respect of those offenses for which punishment is up to 7 years.
2. It does not apply to cases where the offense is committed against a woman or a child
below the age of 14 years
3. When the court passes an order in the case of plea bargaining no appeal shall lie to any
court against that order.
4. It reduces the charge.
5. It drops multiple counts and press only one charge.
6. It makes a recommendation to the courts about punishment or sentence the criminal
code of plea bargaining explains that:
By introducing the concept of Plea Bargaining in the Criminal Procedure the object of the
legislature is:
1. To reduce the pending litigation
2. To decrees the number of under-trial prisoners.
3. To make provision of compensation to the victim of crimes by the accused.
4. To cut delay in the disposal of criminal cases.

Jaffer ss (ex-army),
Student of Sri prasunna law college, Kurnool,
3years llb. (2019-2022)