21

Criminal Procedure Code, 1973

Syllabus: -
1. Criminal justice system. Constitutional perspectives.
2. Investigation proceedings.
3. Jurisdiction of courts, inquiry proceedings and bail provisions.
4. Security and maintenance proceedings.
5. Trial proceedings. Pleas and limitations to bar the trail.
6. Judgement, appeals, reference, revision and execution.
7. Juvenile justice system.
8. Probation of offenders and Parole.
9. Reforms in criminal procedure.

Long answer questions: -

1. What are the constitutional safeguards provided to an accused person?
A: - Article 20 and Article 22 of the constitution of India provides the safeguards to the arrested
persons and persons arrested under preventive detention laws.
Article 20: - Protection in respect of conviction for offences.
(1) No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the Act charged as an offence,
No person shall be inflicted a greater penalty than that mentioned in the law at the time of
commission of the offence.
Retrospective operation of criminal laws is invalid.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.

Article 22:-
Clause 1 and clause 2 deals with the rights of the arrested person.
Clauses 4 to 7 of the article 22 deal with the rights of a person who is detained under the
preventive detention laws.
Rights of an arrested person:-
 A person shall be informed on the grounds of arrest as soon as he is arrested.
 Right to consult and to be defended by a legal practitioner of his choice. Article
39.a of the constitution provides for free legal aid and it is a constitutional
mandate under the article 21 of the constitution.
 Right to be produced before the nearest magistrate within 24 hours of arrest.
 Right not to be detained in custody beyond the 24 hours without the authority of
the magistrate.

Rights of a person arrested under preventive detention laws:-

1. No detention shall be extended beyond 3 months unless such detention is approved by
the advisory board.
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2. The detaining authority must communicate the grounds of such detention to the detenu
as soon as possible.
3. The Detenu must be afforded the earliest opportunity of making a representation
against the order of detention.
4. In case if there exists a law of parliament providing for the period of maximum
detention, then that detention shall not exceed such maximum period.

2. Explain the provisions relating to arrest.

A: - chapter 5 of the criminal Procedure Code containing sections 41 to 60 lays down the
provisions relating to arrest of persons.
Arrest: - meaning and definition:-
The expression 'Arrest' is derived from the French word 'Arrester', which means 'to stop our
stay'. So arrest means deprivation of personal liberty of a person by a legal authority. The word
arrest has not been defined in the CrPC and IPC.
Union of India vs. Padam Nurain.
Supreme Court defined arrest as follows- Arrest is the execution of the command of a court of
law or of a duly authorised officer.
A warrant is a written order of a court addressed to one or more police officers, directing to
arrest a person, whose name and address is given with the offence charged, for the purpose of
producing him before the court on a specified date and time.
Arrest without warrant:-
Generally a person shall be arrested with a warrant. However, a person maybe arrested without
warrant because of serious nature of the circumstances and to enable the police to discharge
their duties effectively. Arrest without warrant can be made under the following instances.
A. Arrest without warrant by police.
B. Arrest by a private person.
C. Arrest by a magistrate.

A. Arrest without warrant by police:-

1. Section 41 contains the circumstances under which a police arrest without warrant.
2. Section 41.A contains the circumstances under which a police officer has to issue a
notice of appearance to a person before such police officer.
3. Section 41.B provides the procedure of arrest and duties of police officer making arrest.
4. Section 42 empowers the police to arrest a person accused of committing a non
cognizable offence who refused to reveal or give his name and address.
Section 42 gives wide powers to a police officer to arrest a person without a warrant under the
following circumstances:-
 A person who commits a cognizable offence in his presence.
 Any person against whom credible information has been received that he has
committed a cognizable offence punishable with imprisonment for more than seven
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years and the police officer has reason to believe that such person has committed such
offence.
 Any proclaimed offender.
 Any person in possession of anything reasonably suspected to be stolen property.
 Any person obstructing a police officer in execution of his duty or escaping from lawful
custody.
 Any deserter from the armed forces.
 Any person designing to commit a cognizable offence which cannot otherwise be
prevented.
 section 55 provides the procedure to be followed by a police officer, who disputes
another officer subordinate to him to arrest a person without warrant

B. Arrest by a private person: -

 Every person has a duty to inform the police or a nearest magistrate the commission of
an offence. He can also arrest the offender and handover him to the police.
 Section 43 deals with arrest by a private person and procedure to be followed in respect
of such arrest.
 Section 43:- a private person can arrest a person, who commits a non bailable and
cognizable offence in his presence.
 A private person can arrest any person, who is a proclaimed offender.
C. Arrest by magistrate: -
Section 44 deals with this. Any magistrate, whether executive or judiciary may arrest the
person within his jurisdiction,
 If such person commits an offence in his presence.
 If such magistrate has the competent power to issue warrant for the arrest of any
person.
Arrest how made:-
Section 46 of the criminal Procedure Code lays down the provisions relating to the procedure
for arrest.
 In making an arrest the police officer or other person making the same shall actually
touch or confine the body of the person to be arrested unless he submits himself to the
custody by word.
 If a person forcibly resist the endeavour to arrest him then such police officer may use
all necessary means to affect the arrest.
 Unless in exceptional circumstances, no woman shall be arrested after sunset and
before sunrise. To arrest a woman after sunset and before sunrise, a woman police
officer shall only arrest the women with the prior written permission of judicial
magistrate of first class.
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3. What are the various rights available to an arrested person?

A: - The code of criminal procedure and Indian constitution confers certain rights on the
persons arrested to safeguard their interests.
The rights of arrested persons under CrPC:-
A. Right to be informed of the grounds for arrest [section 50(1)]:-
The person arrested without warrant has a right to know the grounds or the reasons for his
arrest.
B. Right to bail [section 50(2)]:-
If a person arrested is not charged with non bailable offence, he has a right to be informed of
various provisions for bail.
C. Right to be produced before the court (section 56 & 76):-
Section 56- the person arrested without warrant has to be produced before the officer in
charge of the police station.
Section 76- the police officer executing a warrant of arrest shall without unnecessary delay
bring the person arrested before the court.
D. No detention beyond 24 hours without judicial security (section 57):-
The person arrested should not be detained beyond 24 hours except under the authority of a
magistrate. The time taken for the journey from the place arrest to the magistrate’s court is
excluded from the 24 hours.
E. Right to consult legal practitioner (section 303):-
The person arrested has a right to consult a legal practitioner of his choice to defend himself.
F. Right to be examined by medical practitioners (section 54):-
The arrested person has a right to request the authorities that he may be examined by two
medical practitioners to disprove the allegations against him. The medical officer after
examining the arrested person shall prepare the record of such examination mentioning any
injuries or marks of violence upon the arrested person and the approximate time when such
injuries or marks have been inflicted.

Rights of arrested person under the constitution of India:-

Article 20 and Article 22 of the constitution of India provides the safeguards to the arrested
persons and persons arrested under preventive detention laws.
Article 20: - Protection in respect of conviction for offences.
(1) No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the Act charged as an offence,
No person shall be inflicted a greater penalty than that mentioned in the law at the time of
commission of the offence.
Retrospective operation of criminal laws is invalid.
(2) No person shall be prosecuted and punished for the same offence more than once.
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Criminal Procedure Code, 1973

(3) No person accused of any offence shall be compelled to be a witness against himself.

Article 22:-
Clause 1 and clause 2 deals with the rights of the arrested person.
Clauses 4 to 7 of the article 22 deal with the rights of a person who is detained under the
preventive detention laws.
Rights of an arrested person:-
 A person shall be informed on the grounds of arrest as soon as he is arrested.
 Right to consult and to be defended by a legal practitioner of his choice. Article 39.a of
the constitution provides for free legal aid and it is a constitutional mandate under the
article 21 of the constitution.
 Right to be produced before the nearest magistrate within 24 hours of arrest.
 Right not to be detained in custody beyond the 24 hours without the authority of the
magistrate.

Rights of a person arrested under preventive detention laws:-

 No detention shall be extended beyond 3 months unless such detention is approved by
the advisory board.
 The detaining authority must communicate the grounds of such detention to the detenu
as soon as possible.
 The Detenu must be afforded the earliest opportunity of making a representation
against the order of detention.
 In case if there exists a law of parliament providing for the period of maximum
detention, then that detention shall not exceed such maximum period.

4. Explain the process of search and seizure under CrPC.

A: - Under section 91 of the CrPC, the court summons someone to produce certain documents,
articles, books and other evidences before it. In case the person summoned did not produce
such things before the court, then the court order for search and seizure of such documents.
Search and seizure: - (section 93 to 98)
Search warrant is a written authority given to a police officer or other person by a competent
magistrate for the search of any place either generally or for specified things or documents.
Search warrants are issued for following purposes:-
A. For production of a document or things.
B. For search of a house suspected to contain stolen property, forged documents.
C. For seizing any forfeited publications.
D. For discovery of persons wrongfully confined.
Section 93:- conditions under which a search warrant is served.
1. Where the court has reason to believe that the person summoned to produce a document or
thing will not produce it.
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Criminal Procedure Code, 1973

2. Where such document or thing is not known to the court to be in possession of any person.
3. Where is a general inspection or search is necessary.
4. The person charged with the execution of search warrant should only search such a
particular place which is mentioned in the search warrant but not such other places which are
not mentioned therein.
5. For searching a document, parcel in the custody of a postal or telegraph authority only the
district magistrate or the chief judicial magistrate have the Authority to issue the search
warrent.
Section 94:- search of a house suspected to contain stolen property or forged document-
A district magistrate or sub divisional magistrate or first class magistrate is empowered under
section 94 of the code to issue search warrant to a police officer above the rank of a constable
when he believes that any place is used for deposit or sale of stolen property or production of
objectionable articles.
The objectionable articles to which this section applies are:-
 Counterfeit coins.
 Pieces of metal made in contravention of the metal tokens Act.
 Counterfeit currency note
 Counterfeit stamps
 Forged documents
 False seals
 Obscene objects referred to in section 292 of IPC.
 Instruments or materials used for the production of any of the articles mentioned in 1 to
7.
Section 95:- seizure of forfeited publications-
Where any newspaper or book or document appears to have contained some seditious matter
or promotes enmity between two groups or insults any religion, the state government
may declare such publication to be forfeited and any police officer may seize it anywhere in
India.
Section 96:- application to High Court to set aside declaration of forfeiture-
Any person having any interest in any newspaper, book or other document which is declared to
be forfeited by the government, then such person can approach the High Court to set aside the
declaration of forfeiture within 2 months of such declaration on the ground that those
documents did not contain any such type of seditious matter as mentioned in section 95.
Section 97:- discovery of persons wrongfully confined-
The district magistrate or sub divisional magistrate or first class magistrate has the power to
issue search warrant if there is a reason to believe that any person is wrongfully confined and
the confinement amounts to an offence. If such person is found he should be brought before
the magistrate.
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5. Explain the provisions regarding bail.

A: - chapter 33 of the criminal Procedure Code containing the sections 436 to 450 deals with
the provisions relating to bail and bonds.
Basic rule: - individual freedom is the basic concept in democracy. So it must be safeguarded.
Therefore every individual including an accused is entitled to personal liberty and cannot be
detained behind the bars unless he is found guilty by a court of law. So the basic rule envisages
bail and not jail and thus enshrined in article 21 of the Indian constitution as- no one shall be
deprived of his life or personal liberty except according to the procedure established by law.
Object: - the object behind arresting and detaining a person in police or judicial custody is to
make him available at the time of trial. Granting or denying bail is a delicate blending of two
conflicting principles. The reason is, until and unless the trial is complete we cannot say
whether the accused is an innocent or a culprit. Sometimes rejecting bail may threaten the
personal liberty of an innocent accused, and sometimes granting bail may give room to an
actual culprit to enjoy freedom. Keeping this in mind, the code with reference to bail,
categorise certain offences into two categories.
They are-
A. Bailable offences.
B. Non bailable offences.
A. Bailable offences: - bailable offence is one in respect of which a person arrested is entitled to
be released on bail from the custody.
Section 2(a) of the code defines: bailable offences 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.
B. Non bailable offences: - according to section 2(a) of the code: non bailable offences means
which are shown as not bailable under the first schedule. Non bailable offences are more
serious when compared to the bailable offences.
Cases in which bail may be granted: - if the offence is bailable, it is the right of the accused to
get the bail.
Section 436 deals with the cases in which bail may be taken.
Section 436:- where the person arrested without warrant is not accused of a non bailable
offence and is prepared to give bail, then he is required to be release him on bail.
If the accused failed to comply with the conditions of the bail bond as regards the time and
place of attendance the court may refuse to release him on bail.

Maximum period which an under trial prisoners can be detained: - section 436A.
An Under trial prisoner other than the one accused of an offence punishable with death, shall
be released on bail if he has been under trail for a period of more than one half of the
maximum sentence provide for the alleged offence.
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Criminal Procedure Code, 1973

Investigation incomplete (section 167):- according to section 167, if the investigation is

incomplete then the person's detention can be extended beyond 24 hours for the purpose of
investigation after obtaining a special order from the magistrate.

When bail may be taken in case of non bailable offences:- section 437 empowers the court or a
police officer to release an accused on bail in a non bailable case unless there appears
reasonable grounds that the accused has been guilty of an offence punishable with death or
imprisonment for life.
In case of non bailable offences, granting bail is a matter of discretion of the court. The Court of
Session or the high court has a wide discretion in granting bail even in respect of offences
punishable with death or imprisonment for life.

Bail to require accused to appear before next appellate court:- section 437A- Before conclusion
of the trial and before disposal of the appeal, the Court trying the offence or the Appellate
Court, as the case may be, shall require the accused to execute bail bonds with sureties, to
appear before the higher Court as and when such Court issues notice in respect of any appeal
or petition filed against the judgment of the respective Court and such bail bonds shall be in
force for six months.
section 437A of the Criminal Procedure Code (CrPC) -- requires that a person acquitted has to
furnish a bail bond and sureties, valid for a period of six months, to be released from custody.
This is to ensure he or she is available if the state prefers an appeal against the acquittal.

Anticipatory bail: - section 438.

The expression anticipatory bail means bail in anticipation of arrest. When the court grants
anticipatory bail, it makes an order that in the event of arrest a person shall be released on bail.
There is no question of release on bail unless a person is arrested and therefore it is only on
arrest that the order granting anticipatory bail becomes operative.
Appealability of the order: - section 439- all orders password under section 436 shall be
appeable.

6. What is charge? Explain the form and contents of charges.

A: - chapter 17 containing the section 211 to 224 deals with the provisions relating to charge.
The charge: -The charge literally means accusation. For the purpose of trial procedure it may be
defined as "a form of accusation in writing against the accused of committing an offence or
offences". If the charge contains different offences, each offence is called head of charge.
The object of charge is to forewarn and to inform the accused clearly about the accusations
made against him before the trial so that he can equip himself with the defences.
Form and content of charge: - sections 211 to 217 of the code deal with the provisions relating
to form and contents of the charge.
Contents of charge (section 211):- charge contains the following
 The offence with which the accused is charged.
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 If the offence has a specific name under any specific law, then the name of such offence
should be mentioned.
 If the offence charged has no name then its description should be made.
 The section and the name of the branch of law under which the offence is alleged to
have been committed shall be mentioned in the charge.
 The charge shall be written in the language of the court.
 If previous conviction of the accused is to be proved then the particulars as to previous
conviction shall be furnished in the charge.
 It must contain the particulars as to time and place of the alleged offence.
 In case if the above contents do not give sufficient notice to the accused, the narration
of the committance of the offence must be provided.
Section 212:- particulars as to time, place and person-
The charge shall contain such particulars as to the time and place of the alleged offence,
and the person against whom it was committed.
Section 213:- when manner of committing offence must be stated-
when the nature of the case is such that the particulars mentioned in sections 211 and 212 do
not give the accused sufficient notice of the matter with which he is charged, the charge shall
also contain such particulars of the manner in which the alleged offences was committed will
be sufficient for that purpose.
Section 214:- words in charge taken in sense of law under which offence is punishable-
The words used in the charge for describing an offence should be given a meaning as used in
the law.
Section 215:- effect of errors-
No error in stating either the offence or the particulars is required to be stated in the charge
and no omission to state the offence shall be regarded at any stage of the case as material,
unless the accused was in fact misled by such error or omission and it has occasioned a failure
of justice.
Section 216:- powers of the court to alter the charge-
The court is empowered to alter the charge before the judgement and it shall not be done to
the prejudise of the accused. And every such alteration shall be read and explained to the
accused.
Section 217:- recall of witness when charge altered-
If the charge is altered by the court after the commencement of the trail, then the prosecutor
and the accused shall be allowed to recall and re examine the witnesses unless the court thinks
that the recalling of witnesses is to delay or defeat the ends of justice.
The court can also call further witness whom the court may think to be material.
Sections 218 to 224 deals with joinder of charges. If a person committed different offences then
a joint charge can be levied and can be tried at one trail.
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7. Explain the significance of summary trials in CrPC.

A: -
Summary trial: - summary trial means speedy trial or without any delay of formal proceedings
that is in an informal manner. Certain cases, both summons cases and warrant cases, which are
relatively less serious may be tried summary.
Chapter 21 containing section 260 to 265 lays down the provisions relating to summary trials.
Section 260:- empowers the magistrate to try summarily.
Section 261:- summary trial by magistrate of second class.
Section 262:- procedure for summary trials.
Section 263:- record in summary trials.
Section 264:- judgement in cases tried summarily.
Section 265:- language of record and judgement.

Magistrates competent to try summarily (section 260):-

Notwithstanding anything contained in this code
A. Any Chief judicial magistrate,
B. Any metropolitan magistrate,
C. Any magistrate of the first class specially empowered in this behalf by the High Court,
May try the following offences summarily,
 Offences not punishable with or imprisonment for life, imprisonment for a term
exceeding 2 years.
 Theft, where the value of the property does not exceed 2000 rupees.
 Receiving or retaining stolen property, where the value of the property does not exceed
2000 rupees.
 Assisting in the concealment of stolen property, where the value of such property does
not exceed 2000 rupees.
 Insult with intent to provoke breach of the peace.
 Abatement of any of the foregoing offences.
 Can attempt to commit any of the foregoing offences.
Summary trial by magistrate of the second class (section 261):-
The High Court may confer on any magistrate invested with the powers of a magistrate of the
second class to try summarily any offence which is punishable only with fine or with
imprisonment for a term not exceeding 6 months.
Procedure for summary trials (section 262):-
The procedures specified in this code for the trial of summons cases shall be followed except as
hereinafter mentioned. Under the chapter the maximum sentence should be imposed is only 3
months.
Recording summary trials (section 263):-
The record of the summary trial is kept in the form prescribed by the concerned state
government. In summary trial formal charge is not framed and the evidence of witness is not
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Criminal Procedure Code, 1973

recorded. The record should be made by the magistrate himself. He should not depute this duty
to his clerk. The record should be made at the time of trial and afterwards.
Contents of the record-
 The serial number of the case.
 The date of the commission of the offence.
 The date of the report or complaint.
 The name, current age and residence of the accused.
 The plea of the accused and his examination.
 The finding.
 The sentence or other final order.
 The date on which proceedings terminated.
Judgement (section 264):-
In every case tried summary in which the accused does not plead guilty the magistrate shall
record the substance of the evidence and a judgement containing a brief statement of the
reason for the finding.
Language of record and judgement (section 265):-
Every record and judgement of the summary trial shall be written in the language of the court.
The High Court authorise any magistrate to prepare the record by means of an officer
appointed in this behalf by the chief judicial magistrate, and the record or judgement so
prepared shall be signed by such magistrate.

8. Explain briefly about Juvenile justice system.

A: - Today's child is tomorrow's citizen. Similarly, today's Juvenile delinquent maybe tomorrow's
international criminal as most of the adult criminals have their roots of criminality in the
childhood. Unless the delinquent roots of the Juvenile plant are cut out in the early stage, it will
grow into a big tree scattering various branches of criminality and it will become a serious
threat to unity, integrity and economy of the nation. So in the interest of the nation in general
and individual in particular, certain privileges or immunities are provided for the juvenile
delinquents. As such, special courts known as juvenile courts are constituted. Special
legislations such as Juvenile justice (care and protection of children) Act 2000 and the probation
of offenders act passed for differential treatment of the juveniles.
Objects:-
A. To lay down a uniform institutional and legal framework for Juvenile justice throughout the
territory of India.
B. To lay down norms and standards for the administration of Juvenile justice in respect of care,
treatment and rehabilitations.
C. To provide for specialised approach towards the prevention and treatment of Juvenile
delinquency.
D. To constitute special offences in relation to juveniles and provide for punishments therefor.
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E. To bring about the operation of Juvenile justice system in the country on the lines of the
United Nations standard minimum rules for the administration of Juvenile justice 1955.
Definitions (section 2):-
2(c). Board means a Juvenile justice board constituted under section 4.
2(f). Committee means a child welfare committee constituted under section 29.
2(k). Juvenile or child means a person who has not completed 18 years of age.
2(l). Juvenile in conflict with law means Juvenile, who is alleged to have committed offence.
Child in need of care and protection means- a child
 Who is found without any home,
 Who resides with a person ( a guardian or other) and such person threatens the child to
kill,
 Who is mentally and physically challenged,
 Who has a parent or guardian and such Parent or guardian is unfit or incapacitated to
exercise control over the child.
2(s). Probation officer means an officer appointed by the state government as a probation
officer under the probation of offenders Act 1958.
Juveniles in conflict with law (sections for 4 to 28):-
Section 4:- the state government is empowered to constitute a Juvenile justice board for a
district or a group of districts.
Section 5:- procedure to be followed by the Juvenile justice board.
Section 6:- powers of the Juvenile justice board- the Juvenile justice board is empowered to
deal with all the proceedings under this act.
Section 7:- procedure to be followed by a magistrate.
Section 8:- observation homes- observation homes established by the state government or by a
voluntary organisation which is certified by the state government.
Section 9:- special homes- established by the state government are by voluntary organisation
and certificate by the state government.
Section 10:- apprehension of juvenile- when a juvenile in conflict with law is apprehended by
police, he shall be placed under the charge of the special Juvenile police unit.
Section 12:- bail of juvenile.
Section 21:- prohibition of publication of name of Juvenile involved in any proceeding under the
act.
Section 23:- punishment for cruelty to Juvenile or child.
Section 24:- employment of Juvenile a child for begging.
Child in need of care and protection (section 29 to 39):-
Section 29:- child welfare committee- the committee shall function as a bench of magistrates
and shall have the powers conferred by the CrPC on a metropolitan magistrate.
Section 31:- powers of committee- the committee shall have the final authority to dispose of
cases for the care, protection, treatment, development and rehabilitation of the children as
well as to provide for their basic needs and protection of human rights.
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Section 34:- empowers the state government to establish and maintain children's homes in
every district in a group of districts.
Rehabilitation and social reintegration (sections 40 to 45):- the board shall be empowered to
give children in adoption and carry out investigations as are required in accordance with the
guidelines issued by the state government from time to time.
Miscellaneous provisions (section 46 to 70).

9. Juvenile delinquency
A: - the term Juvenile means child and delinquent means criminal. Juvenile delinquency means
crime committed by a child or child criminal.
Section 2 (e) of juvenile justice act, delinquent Juvenile means a juvenile who has been found to
have committed an offence.
Section 2(k), Juvenile means a boy who has not attained the age of 18 years.
Causes of Juvenile delinquency:-
A. Broken home/family.
B. Poverty.
C. Bad companionship.
D. Early physical maturity.
E. Lack of proper education.
A. Broken home/family: - The home is the cradle of huge personality. Every person from the
moment of birth is deeply influenced by the people around him. Whatever is learnt in the
family has strong influence in the mind of the child and the juvenile interprets the
human relationship accordingly. Family is a compact unit wherein harmonization and
culturization takes place with love and affection and with inter- personal relationship. The
alcoholic or drug addict father or immoral mother or divorced family facilitates the propensities
(behaviour) of juvenile delinquency. Therefore, the broken home has serious impact in
the mind of the juvenile on the emotional and socio economic relationship.
B. Poverty: - poverty is one of the main reasons for the causation of crime and delinquency.
Poverty operates as cause of crime through it's a social accompaniment such as segregation in
slum areas, low social status, inadequate housing conditions and poor health, premature
withdrawal from school.
C. Bad companionship: - the companionship also has a vital role to play in the Juvenile
delinquency. A child's companionship and associations are patterned by his emotional, social
and economic needs of security, recognition and material gain.
D. Early physical maturity: - Early physical maturity inducement by oversexed films,
T.V., pornography, violence blended cinema, etc. The imbibed feelings about criminals through
media are vital reasons for juvenile delinquency. Juveniles learn and imitate such Characters of
the story. The delinquent propensities form a sediment in the subconscious mind and ebbs up
and put into action according to the Circumstances and environment.
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5. Lack of Proper Education:-Lack of moral education in the schools and colleges etc., of lack of
practisers of the true preaching, lack of parental control at home and lack of teachers' control
in the schools and colleges are also attributable factors for delinquency.
Preventive measures:-
Juvenile delinquency is a serious social evil. In the interest of the individual in particular and the
interests of the society in general, it must be eradicated by adopting the following measures,
 The parents must take care of the children and should not give them an opportunity to
associate with bad companions.
 They should teach morals and ethics to have an effective control over the children.
 Ideal and modern education system will eradicate delinquency among the children.
 The government must pass necessary legislation for the welfare of the children and child
labour.
 There should not be any political interference in granting probation or paroles.
 Reformative schemes are to be encouraged rather than correction through
imprisonment.
 The government must take necessary steps to eradicate illiteracy by providing for free
and compulsory education and must take necessary steps for eradication of poverty.

10. Probation of offenders Act, 1958.

A:- when a person is convicted of an offence, as a special case by virtue of age or other reason
is not sent to prison but is kept under the supervision for the purpose of correcting him as a
good citizen, he said to have been kept on probation. The officials who supervises is called
probation officer.
Probation may be defined as "a method of dealing with specially selected offenders and
consists of conditional supervision of punishment while the offender is placed under personal
supervision and is given individualised treatment".
Advantages of Probation:
A. Probation enables a convicted person to correct himself as a responsible citizen in the
society.
B. The process of probation is less expensive when compared to institutional treatment
(imprisonment).
C. The Probation Officer will be able to make use of all the Community facilities for
rehabilitation.
Disadvantages:-
Despite above merits, the institution of probation is not free from certain demerits as follows:
A. The probation officers may be influenced (undue influence or political influence) to furnish
good report so that the person convicted is released.
B. It eliminates fear among child or young delinquents and accelerates crime-rate.
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Salient features:-
Section 2 (b):- probation officer- an officer appointed to be a probation officer recognised as
such under section 13.
Section 3:- release after admonition-
When a person below 21 years is found guilty of an offence punishable with not more than 2
years and no previous conviction is found against him, the court under section 3 of the act may
release in after admonition.
Section 4:- conditional release on probation-
It empowers the court to release on probation with or without surety a person guilty of any
offence other than the offence punishable with imprisonment for life. It says that the period of
probation should not exceed 3 years at first instance.
Section 6:- age limit of probation-
The age of the probationer must be below 21 years. However, the court has a discretionary
power to release on probation in exceptional cases if the punishment is not life imprisonment
or death sentence.
Appointment and duties of probation officer:-
Section 13:- appointment of probation officer-
A probation officer under this act shall be-
A. A person appointed to be a probation officer by the state government.
B. A person provided for this purpose by a society recognized in this behalf by the state
government.
C. in any exceptional case any other person who, in the opinion of the court, is it to act as a
probation officer in the special circumstances of the case.
Section 14:- duties of probation officer-
 Supervise probationers and other persons placed under his supervision.
 Enquiry into the circumstances of any person accused of any offence, in accordance with
any direction of a court with a view to assist the court in determining the most suitable
method of dealing with him.
 Advise and assist offenders in the payment of compensation of costs ordered by the
court.
 Perform such other duties as may be prescribed.
Section 15:- probation officers to be public servants-
Every probation officer and every other officer appointed in pursuance of this act shall be
deemed to be public servants within the meaning of section 21 of the Indian penal Code.
Section 16:- protection of action taken in good faith-
No suit or other legal proceedings shall lie against the State government or any probation
officer appointed under this act in respect of anything done in good faith while discharging the
duties of such probation officer.
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Criminal Procedure Code, 1973

Short answer questions:-

1. Prosecutor
A: - section 24 of the criminal Procedure Code confers on the state and Central governments
power to appoint public prosecutor and additional public prosecutor in consultation with the
high courts concerned. Any person appointed under section 24 of the code and includes any
person acting under the direction of a public prosecutor is called as prosecutor.
In every district the state government should appoint a public prosecutor and assistant public
prosecutor.
Eligibility: - a person to be appointed as a public prosecutor or additional public prosecutor
should be in practice for at least seven years.
An advocate with 10 years practice or more can also be appointed as a special public
prosecutor.
Procedure for appointment: - 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
prosecutors in the district.
The public prosecutor acts on behalf of the state to prove the guilt of the accused and to punish
him.

2. Executive magistrate:-
A: - the code adopted the separation of judiciary from the executive.
 The judicial magistrates and metropolitan magistrates are under the control of the High
Court.
 The executive magistrates such as district collector, sub collector, tahsildars are kept
under the control of the state government.
 In every district and every metropolitan area, the state government is power to appoint
as many persons as thinks fit to be executive magistrate. Similarly it may also appoint
any executive magistrate to be an additional district magistrate.
 Similarly the state government can confer the powers of executive magistrate on the
commissioner of police.
 It is for the district magistrate to make rules for the distribution of business amongst the
executive magistrate subordinate to him.
3. FIR.
A: - FIR means first information report. Every person who is aware of the commission of an
offence has a duty to inform the same to the nearest police station. The police officer records
the information and it is called first information report. FIR is information given to the police
orally or in writing as to the commission of an offence so as to put the police in motion to
investigate.
This is an important document on the basis of which investigation starts. The principal object of
the first information report is to set the criminal law in motion. It is however not a substantive
piece of evidence.
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Criminal Procedure Code, 1973

4. Cognizable and non cognizable offences.

A:- cognizable offences:- section 2 (c) of the criminal Procedure Code defines cognizable
offence as "an offence 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.
The term cognizance is used to indicate the point When a magistrate take judicial notice of an
offence with a view to initiating proceedings against the offender in respect of that offence.
Following are some of the offences which are cognizable offences-
 Waging war against the Government of India.
 Assaulting the President of India or the governor of a state with intent to compel
restrain the exercise of any lawful power.
 Murder.
 Culpable homicide not amounting to murder.
 Causing death by rash or negligent act.
 Causing dowry death.
 Theft.
 Extortion.
 Public officer unlawfully engaging in any trade.
Non cognizable offences: - section 2 (1) of the code defines non-cognizable offences as "an
offence for which a police officer has no authority to arrest without warrant".
As shown in the first schedule of the code, all offences punishable with 3 years and above come
within the purview of cognizable offences. While the offences punishable with less than 3 years
falls under the category of non cognizable offences.

5. Complaint.
A: - section 2(d) of the code defines complaint as "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, but does not include a police report”.
Before an accusation can be called as complaint, the following requirements must be satisfied-
A. It must be made to a magistrate.
B. it must be made with a view that the magistrate may take action on it.
C. it must contain an allegation that some person, known unknown, has committed an offence.
D. It must not be a police report.
Just as a plaint is filed in a civil court, complaint is lodged to initiate criminal proceedings
against the accused.

6. Inquiry
A: - section 2(g):- inquiry means, every inquiry other than a trial conducted under this code by a
magistrate or the court.
 The purpose of enquiry is judicial determination other than guilt or innocence.
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Criminal Procedure Code, 1973

 It is a judicial or non judicial proceeding.

 It ends with charge or discharge.

7. Trial
A: - it is conducted by court or magistrate.
Trial is not defined under The criminal Procedure Code.
 The purpose of trail is judicial determination of any questions relating to guilt or
innocence of the accused.
 It is a judicial proceeding.
 It ends with conviction or acquittal of the accused.

8. Warrant cases.
A: - section 2 (x) - a warrant case is one which is related to an offence punishable with death or
imprisonment for life or imprisonment for a term exceeding 2 years.
Warrant cases are more serious in nature.
A warrant is issued by the court addressed to a police officer.

9. Summons cases
A: - section 2 (w) - summons case means a case relating to an offence and not being a warrant
case. The code classifies all offences into cognizable and non cognizable. The court also
classifies trial procedure into summons cases and warrant cases.

10. Compoundable and non compoundable offences.

A: - Criminal offences can also be classified as compoundable and non-compoundable offences.
Compoundable offences:-
1. Compoundable offences are those offences where, the complainant (one who has filed
the case, i.e. the victim), enter into a compromise, and agrees to have the charges
dropped against the accused. However such a compromise, should be a "Bonafide," and
not for any consideration to which the complainant is not entitled to.
2. Application for compounding the offence shall be made before the same court before
which the trial is proceeding. Once an offence has been compounded it shall have the
same effect, as if, the accused has been acquitted of the charges.
3. The code of criminal procedure lays down, i.e. bifurcated, the offences, which are
compoundable, and which are non-compoundable.

Non compoundable offences:-

There are some offences, which cannot be compounded. They can only be quashed. The reason
for this is, because the nature of offence is so grave and criminal, that the Accused cannot be
allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who
has filed the case, and hence the question of complainant entering into compromise does not
arise.
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Criminal Procedure Code, 1973

All those offences, which are not mentioned in the list under section (320) of CrPC, are non-
compoundable offences.

Examples of compoundable offences: -

 Uttering words etc, with deliberate intent to wound the religious feelings of any person
causing hurt.
 Criminal or house trespass
 Criminal breach of contract of service.
 Printing or engraving matters, knowing it to be defamatory.
Example of non compoundable offences (where permission of court is required): -
 Voluntarily causing hurt by dangerous weapons or means.
 Causing grievous hurt by doing on act so rashly and negligently as to endanger human
life or the personal safety of others.
 Wrongfully confining a person for three days or more.
 Assault or criminal force to woman with intent to outrage per modesty.
 Dishonest misappropriation of property.

11. Autrefois convict & Autrefois acquit.

A: - Autrefois Acquit and Autrefois Convict are the French terms literally meaning “previously
acquitted” and “previously convicted” respectively.
Doctrine of autrefois acquits and autrefois convict in relation to criminal procedure code, 1973:
- The Code of Criminal Procedure, 1973 which is the major procedural law with regard to the
criminal cases has incorporated this doctrine which has been provided in section 300 of this
code.
Section 300(1): A person who has once been tried by a court of competent jurisdiction for an
offence and convicted or acquitted of such offence shall, while such conviction or acquittal
remains in force, not be liable to be tried again for the same offence.
The Constitution of India has provided this protection as a fundamental right under Article
20(2) which provides “No person shall be prosecuted and punished for the same offense more
than once”.

12. Appeal, revision and reference.

A: - Section 372 to 394 of the criminal Procedure Code lays down to the provisions relating to
appeals.
Section 372:- no appeal shall lie from any judgement of a criminal court except as provided for
by this code.
Section 374:- appeals from convictions.
Section 378:- appeal against acquittal.
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Criminal Procedure Code, 1973

Revision: - section 397 to 401.

The word revise means to bring back. The object of revisional jurisdiction is to exercise
supervisory jurisdiction over the lower court to correct any miscarriage of justice and to save
the time of the High Court.
Reference: - section 395 deals with provisions relating to reference.
According to section 395 every subordinate Court is required to make a reference to the high
court when a question of law arises.
Reference can be takes place in the following circumstances-
1. If the court satisfied that the case pending before it involves a question of
constitutional validity of any law.
2. The court is satisfied that determination of such constitutional validity is
necessary for disposal of the case before it.
3. If the court is of the opinion that such a legal provision is invalid or inoperative.

While making such reference to the high Court the subordinate court shall furnish the reasons
there for.