2 MARKS QUESTION

Q1. Define Inquiry and trial ?

ANS. ” inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. Section 2 (g),
does not define inquiry as such rather it only declares that inquiry can be conducted by a magistrate or court. It primarily
declares that inquiry and trial are mutually exclusive.
Q2. Define offence ?
ANS. offence" means any act or omission made punishable by any law for the time being in force and includes any act in
respect of which a complaint may be made under section 20 of the Cattle- trespass Act, 1871 (1 of 1871)
Q3. who is Public Prosecutor ?
ANS. "Public Prosecutor" means any person appointed under Section 492, and includes any person acting under the
directions of a Public Prosecutor and any person conducting a prosecution on behalf of Government in any High Court in
the exercise of its original criminal jurisdiction." 10.
Q4. who is Probation Officer ?
ANS. A probation officer is an officer of the court who regularly meets with individuals who have been sentenced to
complete a period of supervised probation.
Q5. What is children court ?
ANS. The Childrens Court shall ensure that the final order, with regard to a child in conflict with law, shall include an
individual care plan for the rehabilitation of child, including follow up by the probation officer or the District Child
Protection Unit or a social worker.
Q6. Give any 2 right of an accused person ?
ANS. Accused rights include the right to fair trial, get bail, hire a criminal lawyer, free legal aid in India, and more. As per
the legal principle, one is considered innocent until proven guilty.
Q7. What is plea bargaining ?
ANS. 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.
Q8. How is an arrest made ?
ANS. 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 there be a submission to the custody by word or action.
Q9. When search warrant may be issued?
ANS. Section 93(1) (c) of the new Code comprehends a situation where the Court may issue a search warrant when it
considers that the purpose of an inquiry, trial or other proceeding under the Code will be served by a general search or
inspection to search, seize and produce the documents mentioned in the list.
Q10. What do you mean by compounding of offences?
ANS. Compoundable offences are the offences which are discussed in Section 320 of the Code of Criminal Procedure
(CrPC), 1973. These are such offences in which the aggrieved person (the person who filed the complaint, i.e., the
complainant) decides to dismiss the allegations against the accused.
Q11. Who is victim?
ANS. They have defined a victim as, “persons who, individually or collectively, have suffered harm, including physical or
mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or
omissions that are in violation of criminal laws.
Q12. Bail able offence?
ANS. According to section 436 of CrPC, If the offence alleged is bailable, then, the Accused is entitled for Bail as a matter
of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrates court. In bailable
offences bail is a right and not a favour.
Q13. Investigation?
ANS. Section 2 (h) of Cr. P.C “Investigation includes all the proceedings under this code for the collection of evidence
conducted by a police officer or by any person (Other than a magistrate) who is authorised by a magistrate in this behalf”.
Q14. In camera proceeding?
ANS. Simply put, 'in-camera' proceeding is a proceeding carried out in private, in the absence of the public and the press
Q15. Judicial proceeding ?
ANS. "Judicial proceeding" is defined in Section 4(1)(m) to mean "any proceeding in the course of which evidence is or
may be legally taken on oath". If evidence may be legally taken on oath it is enough even though evidence is actually not
taken on oath.
Q16. Warrant case ?
ANS. A warrant case in absence of a police report is filed straight to the Magistrate
Q17. Anticipatory bail ?
ANS. Any person who apprehends arrest under a non-bailable offence in India can apply for Anticipatory Bail under the
provisions of section 438 of The Code of Criminal Procedure, 1973. It is basically bail before arrest, a person arrested
cannot seek Anticipatory Bail CrPC, he would have to move for regular bail.
Q18. Child welfare committee ?
ANS. The Committee shall consist of a Chairperson and four other members as the State Government may think fit to
appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.
Q19. Charge ?
ANS. A charge is defined as any head of a charge when the charge has more than one head, according to section 2(b) of the
CrPC. In basic terms, a charge is an allegation.
Q20. Appeal ?
ANS. Every appeal shall be made in the form of a petition in writing presented by the appellant of his pleader, and every
such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or
order appealed against.
Q21. Metro Politian area?
ANS. Metropolitan areas. (1) The State Government may, by notification, declare that, as from such date as may be
specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a
metropolitan area for the purposes of this Code.
Q22. Children home?
ANS. A Special Home is an institution that is responsible for “housing and providing rehabilitative services” to children
who have been found guilty of a crime and ordered by the JJB or the Children's Court to be placed there as defined under
Section 2(56) of the JJ Act, 2015.
Q23. Define conviction and acquittal ?
ANS. Acquittal in general terms means that the accused is innocent and has not committed the offence he/she was accused
of. The decision of acquittal is given by the judge after inspecting all the evidence and hearing arguments of the defence and
the prosecution.
Q24. Fit person?
ANS. Where a person is arrested on a charge of committing an offence and his identification by any other person or persons
is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request
of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or
persons in such manner as the Court may deem fit.
Q25. Summons case?
ANS. A “summon” is a document that orders someone to appear before a court or magistrate. The accused is summoned by
the Magistrate under section 204(1)(a)[1] of the CrPC, 1973. “Summon case” refers to a case involving an offence that is
not a warranty case.
Q26. Observation home?
ANS. Observation Home is an institution, where neglected and delinquent juveniles are kept for a few weeks or pending
decision of the cases. Children are brought by the police or probation officers or parents voluntarily admit them.
Q27. Remand?
ANS. The Code of Criminal Procedure and Supreme Court judgments make it clear that a magistrate may remand an
accused to custody only if the police are able to show why an arrest is necessary.
5 MARKS QUESTION
Q1. Classes of criminal courts ?
ANS.
 Supreme Court
 High Courts
 The Courts of Session
 The Judicial Magistrates of the First Class, and, in any metropolitan area; the Metropolitan Magistrates.
 The Judicial Magistrates of the Second Class
 The Executive Magistrates
Q2. Prosecutors ?
ANS. A Public Prosecutor is considered as the agent of the state to represent the interest of common people in the criminal
justice system.
Role of Public Prosecutor
A criminal offence, regarded as a public wrong is committed not only against the affected victims but against society as a
whole. It is the public prosecutor who represents the interests of the state. Their role begins after the police have conducted
the investigation and filed the charge sheet in the court. They have no role to play in the investigation. The Prosecutor must
conduct the prosecution on behalf of the State. As an officer of the court, it is their duty to act impartially, thus enabling the
court to decide the case.
Q3. Order that may be passed by the juvenile justice board ?
ANS.
 Direct the juvenile to participate in group counselling and similar activities;
 Order the juvenile to perform community service;
 Order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns
money;
 Direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or
other fit person, or such parent, guardian or other fit person executing a bond, with or without surety, as the Board
may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years;
 Direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for
the good behaviour and well-being of juvenile for any period not exceeding three years;
 Make an order directing the juvenile to be sent to a special home for a period of three years:
Q4. Summary trial ?
ANS.
 A summary trial is a type of trial in which matters are resolved quickly, the procedure is shortened, and the
proceedings are recorded quickly.
 Small offenses are tried in summary trials alone, and complicated cases are reserved for summons or warrant trials.
The primary goal of summary trials is to expedite the resolution of cases because the judicial backlog is enormous
and growing.
 In addition, summary trials aim to uphold the legal concept that "justice delayed is justice denied."
 Summary trials allow people to seek justice for minor offenses that would otherwise take years to resolve through
the legal system.
 Sections 260-265 of the Code of Criminal Procedure contain legal provisions for summary trials.
Q5. Power of the court to released an offender on probation ?
ANS. Mahatma Gandhi once said, "Hate the crime not the criminal."
In most of the cases punishment, specially imprisonment, does not actually reform the criminal. This is true even more with
young criminals, whose minds are not fully mature. They get influenced in the wrong way because of their interaction with
hardened criminals in jails.
One way to counter this problem is to provide opportunities and guidance to young and first time offenders instead of
committing them to jails.
If we want to reduce crime, we should make sure that chance criminals are given an opportunity to get reformed instead of
turning into hardened criminals.
The Act allows the court to take into account the nature of the crime, the age of the offender, and the circumstances of the
crime, and instead of committing the offender to jail, release him under supervision and guidance of a probation officer.
The object is that an accused person who is convicted of a crime should be given a chance of reformation which he would
lose by being incarcerated by prison.
Q6. Summons ?
ANS. In general, summons means “to appear and answer before the court.”
 The presence of the accused during the trial plays a vital role in concluding a fair trial. The attendance of the
accused can be procured either by issuing of summons or by arresting and detaining him or by issuing of
proclamation or by attachment of property or bonds and sureties.
 The code classifies the criminal case as a summons case and a warrant case. The classification is based on the
seriousness of the crime committed.
 According to section 2(w) of the Criminal Procedure Code, a summons case means a case relating to an offence and
not being a warrant case.
 According to section 2(x) CrPC, a warrant case means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
 However, the code provides discretion to the judicial officer to depart from this general rule if the case demands
under section 204 and section 87 of the Criminal Procedure Code.
Q7. First information report?
ANS. It may be defined as follows:
 It is a piece of information given to the police officer.
 The information must relate to a cognizable offence.
 It is a piece of information reported first in point of time.
 The victim of the cognizable offence or someone on his/her behalf gives information and lodges a complaint with
the police.
Q8. Plea bargaining ?
ANS. Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea Bargaining. It
was inserted into the Criminal Law (Amendment) Act, 2005. It allows plea bargaining for cases:
 Where the maximum punishment is imprisonment for 7 years;
 Where the offenses don’t affect the socio-economic condition of the country;
 When the offenses are not committed against a woman or a child below 14 are excluded
 The 154th Report of the Law Commission was first to recommend the ‘plea bargaining’ in Indian Criminal Justice
System. It defined Plea Bargaining as an alternative method which should be introduced to deal with huge arrears of
criminal cases in Indian courts.
Q9. Bail able and non – bail able offence?
ANS.
Bailable Offences
 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 . .
 Bailable offences are regarded as less grave and less serious.
 Under bailable offences, bail is claimed as a matter of right.
Non-Bailable Offence
 Non-Bailable Offence means any other offence
 Bailable offences are grave and serious offences, For example- offence of murder.
 Under Non-bailable offences, bail is a matter of discretion.
Q10. Child in need of care and protection ?
ANS. A child in need of care and protection is to be produced before the Child Welfare Committee within 24 hours. The
Act provides for mandatory reporting of a child found separated from his/her guardian. Non reporting has been treated as a
punishable offence. The Child Welfare Committee is to send the child in need of care and protection to the appropriate
Child Care Institution and direct a Social Worker, Case Worker or the Child Welfare Officer to conduct the social
investigation within 15 days. The Child Welfare Committees shall meet atleast 20 days in a month and the District
Magistrate shall conduct a quarterly review of the functioning of the Child Welfare Committee.
A child in need of care and protection will be placed in a Children‘s Home for care, treatment, education, training,
development and rehabilitation. The Act provides for Open Shelters for Children in need of community support on short
term basis for protecting them from abuse or keeping them away from a life on the streets. The Child Welfare Committee
could recognize a facility to be a Fit Facility to temporarily take the responsibility of a child. The Specialized Adoption
Agency is to take care of the rehabilitation of orphans, abandoned or surrendered children.
Q11. Reference?
ANS. There is no statutory definition of reference provided in the Criminal Procedure Code. Reference is a matter between
two courts where the lower court seeks the opinion of the High Court regarding an act, ordinance or regulation.
Grounds for Reference under CrPC
Before sending a case for reference to the High Court, the lower court shall satisfy itself that:
 The case pending before it involves the question as to the validity of an Act, ordinance or regulation or any
provision contained in any Act, ordinance or regulation.
 The determination of such a question is necessary for the disposal of the case.
 The lower court is of the opinion that such Act, ordinance, regulation or provision is invalid or inoperative by the
High Court or Supreme Court.
Then the lower court shall state its opinion and reason for the same and refer the same to High Court for its decision.
Q12. Confusion before magistrate?
ANS. Irrespective of the fact whether they have jurisdiction or not, a confession or a statement can be recorded by a
Metropolitan Magistrate or by a Judicial Magistrate.
The proviso to section 164 of the Criminal Procedure Code provides that the police officer to whom the powers of the
magistrate have been conferred is not competent to record confessions.
A confession of a statement under section 164 of the Criminal Procedure Code can be recorded:
(i) either in the course of the investigation.
(ii) or anytime afterwards but before the commencement of inquiry or trial.
Before recording a confession, the magistrate has to explain to the person confessing that:
(i) he is not bound to make such confession
(ii) and if he makes such a confession, it can be used against him as evidence.
Q13. Anticipatory bail ?
ANS.
 Anticipatory bail means bail in anticipation of an arrest.
 Any person who apprehends arrest under a non-bailable offence can apply to High Court or Court of Sessions for
Anticipatory Bail under the provisions of section 438 of CrPC.
 It is basically bail before arrest, a person arrested cannot seek Anticipatory Bail, he would have to move for a
regular bail.
 The words anticipatory bail is neither found in section 438 nor in its marginal note. In fact, anticipatory bail is a
misnomer.
 When a court grants anticipatory bail, what it does is
 to make an order that in the event of arrest, the person shall be released on bail.
 Therefore, the said powers are exclusively vested with the Court of Sessions and High Courts.
Q14. Appeal ?
ANS. The word appeal has not been defined in the Criminal Procedure Code. Neither the definition is available in the
General Clauses Act.
Criminal appeal has been discussed in chapter 29 of the Criminal Procedure Code under sections 372 to 394. The chapter is
not absolute and exhaustive, as many provisions related to appeals are provided out of this chapter, for instance, sections 86,
250, 351, 449, 454, 458(2).
An appeal can be defined as a complaint made to a higher court with the intent that the order, finding, sentence passed by
the lower court is illegal or erroneous (wrong, incorrect).
The fundamental principles of appeal under CrPC are as follows:
 An appeal is a creature of statute.
 No inherent right to file an appeal.
 No appeal only against conviction.
 No appeal in petty cases.
 Generally, there is no appeal on conviction on a plea of guilt.
Q15. Complaint ?
ANS. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall
be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in
writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if
the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the
witnesses, the latter Magistrate need not re- examine them.
Q16. Police reports?
ANS. The term “report” has been defined to mean “To give an account of, to relate, to tell, to convey or disseminate
information, communicate; deliver information; make an announcement; make known; speak about, specify. It is a formal
oral or written presentation of facts or a recommendation for action . The expression “police report” has been defined under
the Code of Criminal Procedure as meaning a report forwarded by a Police Officer to a Magistrate under sub section (2) of
Section 173. Simply stated, final report culminates the investigation process in a formal recommendation for action. The
report under Section 173 is a report on the results of the investigation made under Chapter XIV, which means an
investigation made under Section 155 (2) or Section 156. The ‘Police report’ which Section 173 contemplates cannot
therefore be a report of a case in respect of which no investigation under Chapter XIV has taken place or is possible. Police
Report has been interpreted to mean a police report within the meaning of Section 170.
Q17. Probation officer ?
ANS. A probation officer is a court officer who interacts with persons who have been sentenced to supervised probation on
a regular basis. In general, these persons are perpetrators and low-level criminals. The vast majority of those sentenced to
probation are first-time offenders. Placing anybody on probation is a means for the court to keep criminals out of prison.
Many people on probation live in our communities, stay at home, work or participate in an educational programme, and
raise their children. The goal of the judicial system is for a person on probation to be a responsible member of society while
maintaining touch with family and community support.
Once on probation, a person may be forced to undergo a drug or domestic violence examination to evaluate whether
treatment is required. Furthermore, persons may be required to participate in tracking sobriety by taking breathalyzer or
urine tests. Another common prerequisite is for an individual to continue his or her education and/or employment.
12 MARKS QUESTION
Q1. What is bail? Explain the law relating to bails?
ANS. Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of
security to ensure his submission at the required time to legal authority.
"No person shall be deprived of his life or personal liberty except according to the procedure established by Law".
The Criminal Procedure Code, 1973 talks in details about the bail process and how it has to be obtained. However, it does
not define bail. Section 2(a) Cr.P.C. says that 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 inforce, and non-bailable offense means any other
offence.
Chapter-XXXIII of the Code of Criminal Procedure deals with various provisions as to bail and bonds. It lays down as to
when bail is the right of the accused, when bail is the discretion of the Court, in what circumstances said discretion can be
exercised, what are the terms and conditions which would be required to be observed by the accused, who has been released
on bail and what powers are vested in the Court in the event of accused committing default of bail order.
Besides Chapter XXXIII Section 436 to 439, another provision, which deals with the concept of bail is Section 167 of the
Code of Criminal Procedure, which is generally termed as “Default Bail”. While considering the aspect of bail, both these
provisions are to be studied in the context of each other.
Kinds of Bail
Broadly speaking there are three categories of bail and they arei] bail in bailable offences, ii] bail in non bailable offences,
iii]anticipatory bail,
BAIL IN BAILABLE OFFENCES,
Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences. Under this section, bail is
the right of person, who has been accused for commission of offence, which is bailable in nature. This provision casts a
mandatory duty on police official as well as on the Court to release the accused on bail if the offence alleged against such
person is bailable in nature.
BAIL IN NON BAILABLE OFFENCE:-
Under section 437 When a person is accused of, or suspected of, the commission of any non-bailable offence, is arrested or
detained without warrant or appears or is brought before a Court other than the High Court or Court of Session, he may be
released on bail, but such person shall not be so released,
a] if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or
imprisonment for life;
b] if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death,
imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more
occasions of a nonbailable and cognizable offence
c] He may be released if under the age of sixteen years or is a woman or is sick or infirm
d] He may be released if it is satisfied that it is just and proper so to do for any other special reason.
At the stage of consideration of bail what the Court is normally required to consider are;
(1) The nature and seriousness of the accusation
(2) Severity of the offences
(3) Nature of the evidence collected and the character and behavior of the accused.
4) Chances of the accused absconding and not being available during the trial
5) Possibility of repetition of such crime
6) Chances of the accused of tampering with the evidence and witnesses, and
7) Last but not the least, larger interest of the people and the State.
Q2. How is a complaint made to a magistrate? Explain the procedure of commencement of proceeding before the
magistrate ?
ANS. Section 200 of CrPC: Thissection provides that if a complaint is made before the Magistrate, then the Magistrate may
examine the witness and the complainant and pen down such examination along with the signatures of the witness,
complainant, and the Magistrate himself.
Issuing a summons or warrant
Section 204 of this act provides the Magistrate power to issue a process if it is found that there are sufficient grounds for
carrying out the proceeding. The Magistrate can issue a summons if it’s a summons case. A warrant is issued in case of a
warrant case. The Magistrate can also issue summons to the accused in order to make him appear before the Magistrate
concerned within a certain date. No process shall be issued by the Magistrate if there are any arrears in the payment of
“process-fee” until the fee is paid within a reasonable time. No summons or warrants can be issued against the accused until
a list of the prosecution witness has been provided. This section will not affect the provisions provided in Section 87 of the
act. Section 87 enables the Magistrate to issue a warrant of arrest whenever it is necessary under this section.
Power to dispense with the personal attendance of the accused
Section 205 provides the Magistrate powers to dispense the personal attendance of the accused in certain situations. The
Magistrate can dispense the personal attendance of the accused and permit him to appear by his pleader if there are proper
reasons. The Magistrate can also direct the personal attendance of the accused in any stage of the investigation if it is
necessary. The exemption from personal appearance cannot be claimed as a right but it is completely under the discretion of
the court after applying relevant judicial principles. The Magistrate considers various factors to dispense attendance like:
1. Social status.
2. Customs and practice.
3. The distance at which the accused resides.
4. The necessity of personal attendance with regards to the offence and the stages of the trail.
Special summons in cases of petty offences
The Magistrate can issue some special summons in cases of petty offences according to Section 206 (2) For the purposes of
this section,” petty offence” means any offence punishable only with a fine not exceeding one thousand rupees, but does not
include any offence so punishable under the Motor Vehicles Act, 1939 or under any other law which provides for convicting
the accused person in his absence on a plea of guilty. When a Magistrate takes cognizance of petty offences the case can be
summarily dismissed according to Section 260, but sometimes the Magistrate will send the summons for the person to
appear in person or by pleader when it is needed. The reason for such a decision has to be recorded.
Supply to the accused of copies of statements and other documents
It is essential to supply relevant documents to the accused so that they can understand the procedure followed and the status
of the case. The documents supplied might also be used for future reference whenever necessary. The main need behind
providing such documents is to avoid prejudice during the trial. The non-supply of materials by the Magistrate that is
provided in Section 207 can be successfully used for setting aside a conviction.
Where the proceeding is instituted on a police report
Section 207 provides that the Magistrate has to provide certain copies of documents to the person accused when the
proceedings are instituted on a police report. The documents must be provided free of cost. The necessary documents that
have to be provided are:
1. The police report;
2. The First Information Report(FIR) which is recorded under Section 154;
3. The statements which are recorded Sub-section (3) of Section 161 of all persons whom the prosecution proposes to
examine as its witnesses;
4. The confessions and statements that are recorded under Section 164 if available;
5. Any other relevant document which is forwarded to the Magistrate with the police report.
Q3. What is an FIR ? Explain the procedure of investigation by a police officer right from filling of an FIR till
submission of the final report ?
ANS. First Information Report (FIR), or the first information of a cognizable offence to the officer in charge of a police
station, is covered under Section 154 of the Code of Criminal Procedure, 1973 (CrPC).
Information to the Police Officer
Section 154 of the code talks about when information is given as a cognizable offence. The information must be given by
the informant to the officer in charge of a police station in writing or must be reduced into writing by the officer in charge of
the police station. The written information has to be read over to the informant and be signed by him, which is called “First
Information Report.” When the information is given by a woman against whom any of the offences under Sections 326-A,
326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged to have been committed or attempted, such
statement shall be recorded by a woman police officer.
After the information has been received by the police officer, he shall start his investigation, provided he has reasons to
suspect that a cognizable offence has been committed.
Power of Police to Investigate
Section 156 of the code empowers the officer in charge of a police station to investigate a case in his territorial jurisdiction
without the order of the Magistrate if the offence is cognizable in nature. The officer may also initiate an investigation on
the orders of the Magistrate empowered under Section 190.
Cases consisting of both Cognizable and Non-Cognizable Offences
According to Section 155(4), when two or more offences are there in a case, of which at least one is of cognizable nature,
and other of non-cognizable nature, then the entire case has to be dealt as a cognizable case, and the investigating officer
will have all the powers and authority as he has in investigating a cognizable case.
Procedure of Investigation
Section 157 of the Code lays down the procedure of investigation to be followed by the police, for collection of evidence.
The investigation of a cognizable case begins when a police officer in charge of a police station has reason to suspect the
commission of a cognizable offence on the basis of FIR or any other information so received. It requires that prompt
intimation of the FIR be sent to the Magistrate. The officer shall then proceed in person to the spot for investigation of facts
and circumstances, or shall depute one of his subordinate officers for the same, and if required, measures for the discovery
and arrest of the person shall be taken.
When the information received by the police officer is not of serious nature, the officer need not proceed in person or depute
some subordinate officer to investigate on the spot. And if no sufficient ground exists for entering on an investigation, he
shall not investigate the case. And shall state in its report for not complying with the requirements of this section, and notify
the informant that he will not investigate the case or cause it to be investigated. He shall then send this report to the
Magistrate empowered to take cognizance of such offence.
Order of Investigation by the Magistrate
The Magistrate, under Section 159, has been empowered, if he feels necessary, after receiving the report to direct
investigation, or to conduct himself or direct a subordinate Magistrate to hold a preliminary inquiry. And as held by the
Supreme Court, the Magistrate has no power to stop the investigation after it has started.
Attendance of Witnesses
The police officer making the investigation is empowered under Section 160 to require the attendance of any person as a
witness who is acquainted with the facts and circumstances of the case. The above-mentioned section also provides that no
male person or woman who is under the age of fifteen years shall be required to attend any place other than the one in which
the male person or women resides. The State Government shall make rules for the payment of reasonable expenses incurred
by persons for attending any place other than their residence.
Examination of Witnesses
Any police officer who is in charge of the investigation or any other officer who is acting on the request of an officer in
charge shall and is empowered to examine a witness or person who is acquainted or aware of the facts and circumstances of
the case put before him. Section 161 of the Code confers powers on police to examine witnesses. The statements of
witnesses are important as they can make a person guilty or innocent. The persons who are being investigated are expected
and bound to answer truly all the questions relating to such cases put before them. They are not bound to truly answer the
questions which would expose them to a criminal charge or any other charge. After the examination, the police officer
making the investigation shall reduce the number of statements given by the person in the course of the examination. And if
done so, he shall keep a separate record of the same. He is not bound to reduce the statements into writing but it is preferred
that he does so.
Statements to the Police not to be Signed
The statements made by the witnesses during examination need not be signed by him. Neither should be used at any inquiry
or trial. The statements made by the witness can be used in the court only to contradict him, and not corroborate him. If the
witness is brought from the prosecution side, any part of his statement if proved may be used by the accused and can be
used by the prosecution only with the Court’s permission, to contradict him. That is, statements made under Section 161 can
be used to contradict him.
However, an exception to the above section is: If any statement falls within the provision of Section 32(1) of the Indian
Evidence Act, or if any statement affects the provisions of Section 27 of the Evidence Act.

Q4. Explain the law relating to trial before a court of session ?

ANS. Initial steps in the trial
Initially, a Magistrate takes cognizance of an offence and thereafter as per Section 209, he will commit the case to the Court
of Sessions. A Magistrate is empowered under Section 190 to take cognizance of an offence upon receiving a complaint;
upon a police report; upon information received from a person other than a police officer; or upon his knowledge.
According to Section 193, Court of Session cannot take cognizance of an offence directly but the Court of Session is
permitted to take cognizance of an offence without a case being committed to it if the Magistrate commits the case to it or if
it acts as a special Court.
Under Section 207 and Section 208 the Magistrate is required to supply copies of documents like First Information Report,
the statement recorded by the police or Magistrate, etc to the accused. Under Section 209, if it appears to the magistrate that
the offence is triable exclusively by the Court of Session, he may commit the case to the Court of Session and send all the
documents and records to it and either grant bail or remand the accused into custody and shall also notify the Public
Prosecutor. The procedure for trial before a Court of Session is mentioned from Section 225 to Section 237. As per Section
225, every trial before a Court of Session is conducted by a Public Prosecutor.
Opening case for prosecution
When the magistrate commits a case under Section 209 to the Court of Session and the accused appears or is brought before
the Court, the prosecutor is required under Section 226 to open his case by explaining the charge against the accused and
also states the evidence by which he will prove the guilt of the accused. At this stage, full details of the evidence need not be
stated. The opening of the prosecution case must only be to matters which are necessary to follow the evidence. It is not
necessary for a Public Prosecutor in opening the case for the prosecution to give full details of the evidence with which he
intends to prove his case.
 Discharge
 Framing of charge
 Explaining the charge to the accused
 Conviction on plea of guilty
 Date for prosecution evidence
 Evidence for prosecution
 Examination of witnesses
 Record of the evidence
 Explanation of the accused
 Hearing the parties
 Order of the acquittal
 argument
 judgement
Q5. What is an appeal? when can an appeal be filed an appellate court?
ANS. An appeal can be defined as a complaint made to a higher court with the intent that the order, finding, sentence passed
by the lower court is illegal or erroneous (wrong, incorrect).
1. Appeal in Court of Session – Section 373 CrPC
An appeal may lie to the Court of Session against the order under:
Section 117: Where a person has been ordered to give security for keeping the peace or for good behaviour.
Section 121: Where a person has been aggrieved by any order refusing to accept or reject a surety.
2. Appeal From Convictions – Section 374 CrPC
1. While exercising extraordinary original criminal jurisdiction, if High Court passes an order of conviction, an appeal shall
lie to Supreme Court.
2. If Court of Session or Additional Court of Session passes the order of conviction during the trial, an appeal shall lie to
High Court.
3. If Court of Session or Additional Court of Session gives punishment of more than seven years, the appeal shall lie to High
Court.
4. Where a person is convicted by Assistant Court of Session, Metropolitan Magistrate Judicial Magistrate I, Judicial
Magistrate II, an appeal shall lie to Court of Session.
5. A person aggrieved under section 325, 360 of the Criminal Procedure Code can appeal to the Court of Session.
Exception to Section 374 CrPC
Section 375 and section 376 of the Criminal Procedure Code are exceptions to sections 374 of the Criminal Procedure Code,
elaborated as follows.
Section 375 CrPC – No Appeal in Certain Cases Where the Accused Pleads Guilty
If the accused pleads guilty at High Court and the court takes the plea on record and convicts the person, then no appeal
shall lie.
Where the accused pleads guilty at a court other than High Court, an appeal for the sentence is allowed.
Appeal on sentence is allowed based on:
1. Extent.
2. Legality of the sentence.
Section 376 CrPC – No Appeal in Case of Petty Cases
No appeal shall lie in the case of petty cases. Petty cases differ from court to court. Following are considered petty cases:
 In case of High Court- Imprisonment up to 6 months, fine of Rs 1000 or both.
 In case of Court of Session- Imprisonment up to 3 months, fine of Rs 200 or both.
 In case of Metropolitan Magistrate- Imprisonment up to 3 months, fine of Rs 200 or both.
 In case of Judicial Magistrate I- Fine of Rs 100.
 In case of Magistrate empowered under section 260 of the Criminal Procedure Code- Fine up to Rs 200.
3. State Appeals Under Sections 377 and 378 of CrPC
Appeals by the State Government:
For enhancement of sentence – Section 377
Against the acquittal of accused – Section 378
Section 377 CrPC – Appeal Against Sentence
The section empowers the State Government to file an appeal through a public prosecutor at the Court of Session or High
Court on the grounds of insufficiency of the sentence:
If an order of sentence is given by Magistrate, then appeal to lie to Court of Session.
If an order of sentence is given by any other court, then appeal to lie to High Court.
The direction will be given to the public prosecutor by the central government if the investigation is done by Delhi Special
Police Establishment or any other central agency.
When such appeal or order for enhancement of punishment is filed, such order will not be passed until a reasonable
opportunity of being heard is given to the accused.
Section 378 CrPC – Appeal in Case of Acquittal
In this section, District Magistrate is empowered to direct the public prosecutor to file an appeal to the Court of Session for
the order of acquittal done by any Magistrate in a matter of cognizable and non-bailable offence.
The State is also empowered to direct the public prosecutor to file an appeal for the order acquittal done by any court other
than High Court for appeal or revision.
If the investigation is done by Delhi Special Police Establishment or any central agency, the direction to file an appeal will
be given by the Central Government.
It is to be noted that prior permission of the High Court will be taken before filing an appeal at the High Court.
If an order of acquittal is given in a matter of case instituted on complaint, and High Court grants special permission to
present the appeal, then such appeal can be presented by the complaint.
If the complainant is a government servant, then the application can be moved within six months from the order of acquittal.
If the complainant is not a government servant, then the application can be moved within 60 days from the order of
acquittal.
If such appeal is rejected, no appeal from an order of acquittal shall lie.
4. Appeal Against Conviction by High Court in Certain Cases – Section 379 CrPC
If the High Court reversed an order of acquittal of a person and convicted him and sentenced him to death, life
imprisonment, or imprisonment for a period of ten years or more, the accused has the right to make an appeal to the
Supreme Court.
5. Special Right of Appeal in Certain Cases – Section 380 CrPC
Under this section, an accused has a right of appeal in an unappealable sentence if his co-accused has been given an
appealable sentence.

Q6. Explain the procedure of trying an accused person who is of unsound mind in a criminal court?
ANS. Section 328– procedure in case of the accused being a lunatic
According to Section 328 of the Act, if the magistrate believes that the person being investigated is unable to defend himself
or is mentally ill, the magistrate must guarantee that the subject is evaluated by a medical professional during the
investigation. If the defendant is unable to defend himself, the magistrate will hear the prosecution and examine the records.
The magistrate shall postpone the proceeding for a limited term until the person’s unsoundness is remedied, based on
medical proof.
Section 329– procedure where a person of unsound mind is tried before the court
According to Section 329 of the Act, if the magistrate believes the person being tried is of sound mind and incapable of self-
defence, the magistrate ensures this by having the subject evaluated by a medical professional. If the defendant is unable to
defend himself, the magistrate will hear the prosecution and examine the records. The magistrate shall record such a
determination and postpone the hearing based on medical evidence. The fact of insanity throughout the trial will be
considered part of the proceedings.
Section 330- release of a person of unsound mind pending investigation or trial
According to Section 330 of the Act, If the person is found unsound or incapable of making his defence during the inquiry
and trial (Sections 328 and 329), regardless of whether the offence is bailable or not, the Court may release him. In other
words, if the offence is non bailable, the magistrate must grant bail as well. If, on the other hand, bail cannot be granted, the
accused must be kept in a location where he can receive treatment.
Section 331- resumption of inquiry or trial
According to Section 331 of the Act, when the inquiry and trial are postponed or suspended, the magistrate shall summon
the person after he or she regains mental soundness or ceases to be insane and resume the inquiry and trial.
Section 332- procedure of accused appearing before the magistrate or the court
According to Section 332 of the Act, If the accused appears before the magistrate and the court believes he is capable of
presenting his defence, the investigation and trial will continue. If the person is still unable to recover from his condition,
the provisions of Section 330 will apply once more.
Section 333- when accused appears to have been of sound mind
According to Section 333 of the Act, when the magistrate has reason to believe the individual is of sound mind and there is
also evidence that acts were committed by the accused, when the act was committed by the accused, and when the act was
committed while the accused was of sound mind. The magistrate will then proceed with the case.
Section 334- judgement of acquittal of the accused on the ground of unsoundness of mind
According to Section 334 of the Act, if a person is acquitted on the grounds of insanity and is unable to identify the nature
of the act, the findings must state whether the act was committed by the accused or not.
Section 335- person acquitted on such ground to be detained in safe custody
According to Section 335 (1) of the Act, if a person is acquitted by a magistrate on the grounds of insanity, he or she should
be detained in safe custody or should be delivered to a family member or friend. When it comes to delivering an accused
person to a relative or friend, the court can only do so if the relative or friend makes an application to the magistrate and the
friend or relative assures the court of security.
Section 336- the power of state government to empower officer in charge to discharge
According to Section 336 of the Act, the State Government may delegate all or all of the functions of the Inspector-General
of Prisons under Section 337 or Section 338 to the official in charge of the jail in which a person is imprisoned under the
provisions of section 330 or section 335.
Section 337- procedure where the lunatic prisoner is reported capable of making his defence
According to Section 337 of the Act, the magistrate must proceed with Section 332 if it is determined that the lunatic is now
capable of defending himself.
Section 338- procedure where a lunatic detained is declared fit to be released
According to Section 338 of the Act, if a person is detained under Section 330 on the grounds of insanity and the authorised
person or inspector general certifies that the person is fit to be released, detained by the authorities, transferred to a public
mental institution then there should be no damage in doing so and the government may then release the individual.
Section 339- delivery of lunatic to the care of relative or friend
According to Section 339 of the Act, if a person’s relative or friend wishes for the person to be released to him, the relative
or friend must apply to the State Government for such a release.
Q7. What is a juvenile justice board ? power of JJB?
ANS. What does juvenile justice board do?
The JJB consists of judicial magistrate of the first class and two social workers, at least one of whom should be a woman.
JJB are meant to resolve cases within a four month period. Most circumstances the juvenile can be released on bail by the
JJB. The Juvenile Justice Board has established in ever district by the State Government under Section 4 of the Juvenile
Justice (Care and Protection of Children)Act,2015 to exercise the powers and discharging its functions relating to children
in conflict with law. As per Section 2(13) of the Act ,child in conflict with law 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.
The High Court and Children’s Court may exercise the same power of the Board if any proceedings come before them in
the form of revision, appeal, etc. The Powers , Functions and responsibilities of the Board is mentioned in Section 8 of the
same Act.
FUNCTIONS AND RESPONSIBILITIES OF THE BOARD
 To ensure the informed participation of child and the parent or the guardian in every step of the process.
 To ensure child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and
rehabilitation.
 To ensure child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and
rehabilitation.
 To ensure availability of legal aid for the child.
 To provide a qualified translator/interpreter by the board when the child fails to understand the language used in
proceeding.
 To submit a social investigation report of the case within a period of fifteen days from the date of first production
before the Board to ascertain the circumstances in which the alleged offence was committed. This investigation is
 directed to Probation Officer or in case a Probation Officer is not available to the Child Welfare Officer or a social
worker.
 To adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry
specified in section 14 of the same act.
 Transferring to committee when the child in conflict with law to be a child in need of care and protection at any
stage. Therefore, there is a need for the Committee and the Board to be both involved.
 To dispose the matter and passing a final order that includes an individual care plan for the child’s rehabilitation
including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-
governmental organization as required.
 To conduct inquiry for declaring fit persons regarding care of children in conflict with law.
 To conduct at least one inspection visit every month of residential facilities for children in conflict with law and
recommend action for improvement in quality of services to the District Child Protection Unit and the State
Government.
 To order the police for registration of FIR for offences committed against any child in conflict with law and any
child in need of care and protection under the Act or any other law on a complaint made.
 To order the police for registration of FIR for offences committed against any child in conflict with law and any
child in need of care and protection under the Act or any other law on a complaint made.
 Any other function as may be prescribed.
Hence the Juvenile Justice Board aims to deal with such children in conflict with the law with special care and protection by
providing proper care, protection, development, treatment, social re-integration and by adopting a child-friendly approach in
the adjudication and disposal of matters in the best interest of children instead of treating them as criminals.
Q8. Feature of probation of offenders act?
ANS. The Probation of Offenders Act (Act No. 28 of 1958) contains elaborate provisions relating to probation of offenders,
which are made applicable throughout the country. We will now observe the salient features of the Act:-
 ·The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by providing rehabilitation in
society and to prevent the conversion of youthful offenders into obdurate criminals under environmental influence
by keeping them in jails along with hardened criminals.
 ·It aims to release first offenders, after due admonition or warning with advice, who are alleged to have committed
an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in case of
any offence punishable with imprisonment for not more than two years, or with fine, or with both.
 ·This Act empowers the Court to release certain offenders on probation of good conduct if the offence alleged to
have been committed is not punishable with death or life imprisonment. However, he/she should be kept under
supervision.
 ·The Act insists that the Court may order for payment by the offender such compensation and a cost of the
proceedings as it thinks reasonable for loss or injury caused to the victim.
 ·The Act provides special protection to persons under twenty-one years of age by not sentencing them to
imprisonment. However, this provision is not available to a person found guilty of an offence punishable with life
imprisonment.
 ·The Act provides freedom to the Court to vary the conditions of bond when an offender is released on probation of
good conduct and to extend the period of probation not to exceed three years from the date of original order.
 ·The Act empowers the Court to issue a warrant of arrest or summons to the offender and his sureties requiring
them to attend the Court on the date and time specified in the summons if an offender released on probation of good
conduct fails to observe the conditions of bond.
 ·The Act empowers the Court to try and sentence the offender to imprisonment under the provisions of this Act.
Such order may also be made by the High Court or any other Court when the case comes before it on appeal or in
revision.
 ·The Act provides an important role to the probation officers to help the Court and to supervise the probationers put
under him and to advise and assist them to get suitable employment.
  ·The Act extends to the whole of India except the State of Jammu and Kashmir. This Act comes into force in a State
on such date as the State Government may, by notification in the Official Gazette, appoint. It also provides liberty to
State Governments to bring the Act into force on different dates in different parts of that State.
Q9. Explain procedure of sessions trial ?
ANS.
 Parties to trial
 Prosecution
 Defense
 Support persons
 Notice of Appearance
 Open Court Proceedings
 Discharge
 Framing of charge
 Compliance of documents
 Issuance of witness summons
 Examination of Witnesses
 Examination of accused under section 313 of CRPC
 Examination of defense witnesses
 Final arguments
 Judgement
 Hearing of accused on the point of sentence if the judgment of conviction is pronounced by the Judge
Q10. The provision relating to maintenance of wife and children ?
ANS. Section 125 of the code of criminal procedure provides that any person having sufficient means to maintain himself
cannot refuse the maintenance to the wife, children, and parents if they are unable to maintain themselves.
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Persons entitled to claim maintenance: The following person is entitled to claim maintenance as per section 125(1) of
CrPC, under some circumstances:
Wife: If any person as per Section 125(l) (a) of the Code have sufficient means but neglects or refuses to maintain his wife,
who is not able to support herself, a Magistrate of the first class may, upon proof of such refusal or neglect, direct such
person to give a monthly allowance for his wife’s maintenance at such monthly rate the Magistrate deems fit, and to pay the
same to such person as the Magistrate may direct from time to time. Here ‘wife’ includes a woman who has been divorced
or has obtained a divorce from her husband and has not remarried.
‘Wife’ for the meaning of Section 125 means a legally married woman. As per Section 125(l)(a) of CrPC, a maintenance
allowance could not be given to every wife who is neglected by her husband or whose husband deny to maintain her,
Instead, this can only be given to a wife who is unable to support herself but not to a wife who is maintaining herself with a
certain difficulty. By the phrase ‘unable to maintain herself’, it is not meant that she must be completely destitute and
should be first on the street, should beg and be in worn-out clothes, and then only she will be entitled to file an application
under Section 125 of the Code.
Child: As per Section 125(1)(b) of the Code, if any person who have sufficient means but refuses to support his legitimate
or illegitimate minor child, whether married or not, who is unable to maintain themselves or according to Section 125(1)(c)
of the Code, his legitimate or illegitimate child (not a married daughter) who has reached majority, where such child due to
any physical or mental abnormality or injury are not able to maintain themselves. A magistrate of the First class upon
finding such neglect or refusal may order such person to grant a monthly allowance for the maintenance of such child, at
such monthly rate as the magistrate deems fit, and to pay the same to such person as the Magistrate may direct from time to
time. Here ‘minor’ means a person who does not attain the age of majority under the provisions of the Indian Majority Act,
1875.
Father or Mother: According to Section 125(l)(d) of the Code, if any person who has sufficient means, but neglects or
refuses to maintain his father or mother, not able to support himself or herself, a Magistrate of the first class may upon
finding proof of such neglect or refusal may order such person to provide a monthly allowance for the maintenance of his
parents, at such monthly rate the Magistrate deem fit, and to pay the same to such person as the Magistrate may direct from
time to time.
The daughter whether she is married or unmarried will also be liable to maintain the parents.
Essential conditions for granting maintenance:
Sufficient means to maintain: According to Section 125(1) of the CrPC, the person from whom maintenance is claimed
must have sufficient means to maintain the person or persons claiming maintenance. Here, the expression ‘means’ does not
signify only visible means such as real property or definite employment.
Neglect or refusal to maintain: As per Section 125(1) of the Code, the person from whom maintenance is claimed must
have neglected or refused to maintain the person or persons entitled to claim maintenance. Neglect means a default or
omission in the absence of demand whereas ‘refuse’ means a failure to maintain or a denial of obligation to maintain after
demand.
Special requirements where maintenance is claimed by wife:
The wife must not be living in adultery: As per Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled
to receive an allowance for the maintenance or the interim maintenance and expenses of the proceeding, as the case may be,
from her husband under Section 125 if she is living in adultery. The term ‘living in adultery’ means outright adulterous
conduct where the wife lives in a quasi-permanent union with the man with whom she is committing adultery.
Q11. Power of session judge and high court ?
ANS. Powers of High Court
 Original Jurisdiction
This states that High Court Judges have the power to hear a case as the first sample as an original court. The high courts of
Calcutta, Mumbai, and Madras have the provision of original jurisdiction in civil and criminal cases because civil and
criminal cases have been arising in these states. One advantage that the judges of the high court get is that they can hear
civil cases involving property worth over Rs 20000. The judges of high courts have the supreme power to issue writs in case
of enforcement of fundamental rights. The high court judges have the right to power original jurisdiction on cases that deal
with divorce, will, admiralty, or contemporary of court. Election petitions also can be heard by the high court judges.
 Appellate Jurisdiction
Appellate Jurisdiction states that someone who fought a case in the district court before and is not satisfied with the
judgment of the district court then they can file an appeal in the high court about the same case and district court’s
judgment. The appeal can also be from subordinate courts if the case dispute involves a value higher than Rs 5000/- or it’s a
question of fact or law. This happens in Civil Cases. In Criminal Cases, the case gets extended as per decision sessions and
additional sessions for judges. In this, the session judge can announce imprisonment for 7 years or more. The session judge
may award capital judgment. The jurisdiction of the high court extends all cases under state or federal laws.
 Court of Record
High Court is majorly known as the Court of records. The records of judgment in the High Court can be used by other
subordinate courts. All the high courts have the power to punish all contemporary cases by any person.
 Administrative Powers
High Court has a couple of administrative Powers. The High Court can order or have over control of all subordinate courts.
The High Court may ask for all the details or cases and proceedings from subordinate courts. The high court judges have the
power to transfer a case from one court to another or it can also transfer the case to itself. It has the authority to inquire
about any case or documents related to it in subordinate courts. High Court Judges also have the power to appoint their
administrative staff and can decide their salary, allowances, and condition of services too.
 The Power of Judicial Review
Another most interesting power of high court judges is that they can announce any law or ordinance unconditionally if it is
found against the Indian Constitution. Judicial Review is considered to be among the most important powers of high court
judges.
Power of session court
 The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of
imprisonment for life or of imprisonment for a term exceeding seven years.
 The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three
years, or of fine not exceeding ten thousand rupees, or both.
 The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one
year, or of fine not exceeding five thousand rupees, or of both.
 The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and
that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Q12. Distinguish between investigation inquiry and trial?

ANS.
Investigation Inquiry Trial
Investigation is conducted by Inquiry is conducted by Magistrate or by any other Trial is conducted by
Police or by any other person person authorized by law. Magistrate or by Judge.
authorized by law but not by
Magistrate.
It relates to an offence It relates to an offence before framing of charge or It relates to an offence
any other non-offence matter like security
proceedings under Section 107 CrPC, dispute of
possession under sections 133, 145, 147 CrPC or
commitment to Sessions Courts under Section 209
crpc
It is not on oath. It is on oath It is on oath
It results either in charge sheet or It results either in framing of charge or discharge or It results either in conviction or
final report (section 173 CrPC). It final order under sections133, 145, 147 CrPC or acquittal or discharge. It is a
is a non-judicial proceeding commitment under Section 209 CrPC. It is a judicial judicial proceeding
proceeding.
It generally starts either on FIR or It generally starts either on FIR or on order of It starts either on complaint or
on order of Magistrate Magistrate on Police report or on
Magistrate’s report

It includes discovery, arrest, It includes recording of evidence only It adjudicates upon the
seizure, search and medical evidence so recorded.
examination, etc

Q13. Various criminal court and state the power to arrest a person and right of an arrested person?
ANS.
The various classes of criminal courts in India are:
 Supreme Court.
 High Courts.
 The Courts of Session.
 The Judicial Magistrates of the First Class, and, in any metropolitan area; the Metropolitan Magistrates.
 The Judicial Magistrates of the Second Class.
 The Executive Magistrates.
Rights of an arrested person
 Right to be informed of the grounds of arrest
 Right to be released on bail
 Right to be produced before a magistrate
 Protection against arrest and detention
 Right to consult a legal practitioner
  Right to free legal aid
 Right to be examined by a medical practitioner
Arrest by a Police officer
The police officers have been authorized to arrest any person without the warrant ordered by the court under Sections 41,
42, 151 of CrPC. Section 41 of CrPC provides for those instances where a police officer has been authorized to arrest an
individual without a warrant from the magistrate. This happens.
Section 42 specifies yet another situation where a police officer can arrest a person. According to this section, if a person
commits an offense in the presence of a police officer or where he has been accused of committing a non-cognizable offense
and refuses, on demand being made by a police officer to give his name and residence or gives false name or residence, such
person may be arrested but such arrest shall be only for the limited purpose of ascertaining his name and residence.
Arrest Made by Magistrate
Section 44 of CrPC provides for the provision of an arrest made by a magistrate. The sub-section 1 of this section provides
that when an offense is committed in the presence of the magistrate within his jurisdiction, he may himself arrest or order
someone to arrest the offender and may commit the offender to custody. Under sub-section 2 the magistrate can arrest or
order for the arrest of a person for whose arrest he is competent to issue a warrant.
Arrest by Private Persons
Section 43 of CrPC provides the procedure for arrests made by private individuals. This section gives the right to a private
person to arrest on the individual, who in his/her presence, commits a cognizable or a non-bailable offense or who is a
'proclaimed offender' The private person can arrest such an offender to hand over his custody to the nearest police station
and if the police officer finds such person coming under the provisions of section 41, the police officer has to re-arrest the
offender.
Q14. Power of supreme court and high court?
ANS. Powers of High Court
 Original Jurisdiction
This states that High Court Judges have the power to hear a case as the first sample as an original court. The high courts of
Calcutta, Mumbai, and Madras have the provision of original jurisdiction in civil and criminal cases because civil and
criminal cases have been arising in these states. One advantage that the judges of the high court get is that they can hear
civil cases involving property worth over Rs 20000. The judges of high courts have the supreme power to issue writs in case
of enforcement of fundamental rights. The high court judges have the right to power original jurisdiction on cases that deal
with divorce, will, admiralty, or contemporary of court. Election petitions also can be heard by the high court judges.
 Appellate Jurisdiction
Appellate Jurisdiction states that someone who fought a case in the district court before and is not satisfied with the
judgment of the district court then they can file an appeal in the high court about the same case and district court’s
judgment. The appeal can also be from subordinate courts if the case dispute involves a value higher than Rs 5000/- or it’s a
question of fact or law. This happens in Civil Cases. In Criminal Cases, the case gets extended as per decision sessions and
additional sessions for judges. In this, the session judge can announce imprisonment for 7 years or more. The session judge
may award capital judgment. The jurisdiction of the high court extends all cases under state or federal laws.
 Court of Record
High Court is majorly known as the Court of records. The records of judgment in the High Court can be used by other
subordinate courts. All the high courts have the power to punish all contemporary cases by any person.
 Administrative Powers
High Court has a couple of administrative Powers. The High Court can order or have over control of all subordinate courts.
The High Court may ask for all the details or cases and proceedings from subordinate courts. The high court judges have the
power to transfer a case from one court to another or it can also transfer the case to itself. It has the authority to inquire
about any case or documents related to it in subordinate courts. High Court Judges also have the power to appoint their
administrative staff and can decide their salary, allowances, and condition of services too.

 The Power of Judicial Review

Another most interesting power of high court judges is that they can announce any law or ordinance unconditionally if it is
found against the Indian Constitution. Judicial Review is considered to be among the most important powers of high court
judges.

The Supreme Court has reiterated the nature of its power thus:
1. Where the allegations in the FIR/complaint, even if they are taken at their face value do not prima facie constitute any
offence against the accused.
2. Where the allegations in the FIR or other materials do not constitute a cognizable offence justifying an investigation by
the police under Section 156(1) of the code except under an Order of a Magistrate within the purview of Section 155(2).
3. Where the uncontroverted allegations in the FIR/complaint and the evidence collected thereon do not disclose the
commission of any offence.
4. Where the allegations in the FIR or other materials do not constitute a cognizable offence but constitute a non- cognizable
offence to which no investigation is permitted by the police without Order of a Magistrate under Section 155(2).
5. Where the allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a
just conclusion that there is sufficient ground for proceeding against the accused.
6. Where there is an express legal bar engrafted in any of the provisions of the Code or statute concerned (under which the
proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in
the code or in the statute concerned, providing efficacious redress for the grievance of the aggrieved party.
7. Where a criminal proceeding is manifestly attended with mala fide intention and/or where the proceeding is maliciously
instituted with an ulterior motive for wrecking vengeance on the accused with a view to spite him due to private and
personal vengeance.