Important questions -

1. Name of the Code

2. Extension of the code
3. Date of enforcement
4. Object of the code
Sec. 1 Short title, extent and commencement -
(1) This Act may be called the "Code of Criminal Procedure, 1973 [Act No. 2 of
1974].
(2) It extends to the whole of India except the State of Jammu & Kashmir:
Provided that the provisions of this Code, other than those relating to Chapters -
VIII, X and XI thereof, shall not apply -
(a) to State of Nagaland
(b) to the Tribal Areas
(3) It shall come into force on the 1st day of April, 1974.
Note - The Act received the assent of the President of India on 25th January,
1974.
Important Amendments in the Code -
(1) Cr. P.C. (Amendment) Act, 2005
[Act no. 2 of 2005]
Date of enforcement - 23 June, 2006
(2) Criminal Law (Amendment) Act, 2005
[Act No. 2 of 2006]
Date of enforcement - 15th April, 2006
(3) Cr. P.C. (Amendment) Act, 2006
[Act No. 25 of 2006]
Date of enforcement - 5th July, 2006
(4) Cr. P.C. (Amendment) Act, 2008
[Act No. 5 of 2009]
Date of enforcement
(5) Cr. P.C. Amendment 2008
[Act No. 5 of 2009]
Enforcement 31 Dec 2009
Object of the Code -
Sec 4:- Trial of offences under the IPC and other Laws -
(1) Sec 4 provides that all offences under IPC shall be investigated, inquired into,
tried and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated inquired, into, tried and
otherwise dealt with according to It same provisions but subject to any
enactment regulating the manner or place of investigating, inquiring into, trying or
otherwise dealing with such offences.
Sec. 2 Definitions -
(a) Bailable offence, means an offence which is shown as bailable in the first
schedule or which is made bailable by any other law for the time being enforce,
and non bailable means any other offence.
In case of bailable offences, bail is the matter of right of the accused. In case of
n.b. offences it is the discretion of court to grant bail or not.
(b) Charge, includes any head of charge when the charge contains more heads than
one.
(c) Cognizable offence: - In these offences police may arrest without warrant. Police
can start investigation without permission of the Magistrate, FIR can be lodged in
these matters. Cognizable offences are shown in the first schedule of the Code.
In non cognizable offences Police can not arrest without warrant. Police can not
start investigation without permission of the Magistrate. No FIR can be lodged
U/S 154 only NCR is lodged under Sec 155.
(l) Non Cognizable offence:-
(d) Complaint - means any allegation made orally or in writing to a Magistrate with a
view to his taking action under this Code, that some person, whether known or
unknown has committed an offence, but does not include a police report.
Explanation - A report made by a police officer in a case which discloses after
investigation the commission of non-cognizable offence shall be deemed to be a
complaint, and the police officer by whom such report is made shall be deemed
to be the complaint.
(r) Police report - Police report means a report forwarded by a police officer to a
Magistrate under subsection (2) of Sec-173.
(w) Summons case - Summons case means a case relating to an offence and not
being a warrant case. In these cases framing of charge is not necessary.
(x) Warrant case - Warrant case means a case relating to an offence punishable
with death, imp. for life or imp. for a term exceeding two years. In this framing of
charge in necessary.
Chapter - II
Classes of CR Courts -
Sec 6 provides besides the H.C. and the Courts constituted under any law other than
this code, there shall be in every state, the following classes of criminal courts, namely -
(i) Courts of sessions
(ii) J.M. Ist class and in Metropolitan area, M.M.
(iii) J.M. IInd class
(iv) Executive Magistrate
Court of Sessions -
Sec 9 provides that the State Govt. shall establish a court of session for every sessions
division. Every court of session shall be presided over by a judge, to be appointed by the
High Court. The HC may also appoint Add. Sessions Judges and Asstt. Session Judges
to exercise jurisdiction in a court of sessions.
CJM and Add CJM - Sec 12
(1) In every distt. (not being a metropolitan area) the HC shall appoint a JM of the
first class to be the CJM.
(2) The HC may appoint any JM of first class to be an Add. CJM and such
Magistrate shall have all or any of the powers of a CJM under this code or under any
other law for the time being enforce, as the HC may direct.
Special Judicial Magistrate - Sec . 13
The HC may if requested by the Central Govt. or the State Govt. so to do confer upon
any person who holds or has held any post under the Govt. all or any of the powers
conferred or conferable on a JM of the first class or of the second class, in respect to
particular cases in any local area not being the Metropolitan area.
Such Magistrate shall be called special JM and shall be appointed for such term, not
exceeding one year at a time, as HC may specify.
Subordination of Ju. Magistrates - Sec 15
Every CJM shall be subordinate to Sessions Judge, and every JM shall subject to the
general control of the sessions judge be subordinate to the CJM.
Public Prosecutors - Sec - 24
(1) For HC - For every HC, the Central Govt. or State Govt. shall after consultation
with (omitted) the HC appoint a public prosecutor and may also appoint one or more
add. p.ps. for conducting any prosecution, appeal or other proceeding on behalf of
Central Govt. or the State Govt. as the case may be.
(2) For Distt. Courts - For every District, the State Govt. shall appoint a public
prosecutor and may also appoint one or more add. public prosecutors for the District.
(3) The DM shall in consultation with the Sessions Judge prepare as panel of names
of persons who are in his opinion fit to be appointed as Public Prosecutors or Add. PPs
for the Distt.
Note : In U.P. Amendment Act, no panel list is required for the appointment of P.P. The
D.M. may appoint my person as P.P.
Qualifications : A person shall be eligible to be appointed as a Public Prosecutor or an
Add. Public Prosecutor only if he has been in practise as an Advocate for not less than
seven years.
Special P.P. - The Central Govt. or the State Govt. may appoint a person who has been
in practice as an Advocate for not less than 10 years as a special P.P. for conducting
cases or class of cases.
Sec 25 Assistant P.P. -
For the Courts of Magistrates - The State Govt. (D.M.) shall appoint in every district one
or more Assistant P.P. for conducting prosecutions in the Courts of Magistrates.
Where no cadre APO is available for the purpose of any particular case, he D.M. may
appoint any other person to be the Assistant P.P. in charge of that case.
Provided that a police officer shall not be so appointed - (a) if he has taken part in the
investigation into the offence or
(b) if he is below the rank of inspector.
Sec - 25 A Directorate of Prosecution -
This section has been added by Cr. P.C. (Amendment) Act 2005. The State
Govt. may establish a directorate of Prosecution consisting of a Director of Prosecution
and as many Deputy Directors of Prosecution as it thinks fit. They shall be eligible only if
they have been in practice as an Advocate for not less than 10 years and such
appointment shall be made with the consent of Chief Justice of H.C. `
Every P.P. Add. P.P. and special P.P. appointed by the State Govt. U/s 24 to
conduct cases in the H.C. shall be subordinate to the Director of prosecution.
 Every P.P. Add. P.P. and special P.P. appointed by the State Govt. U/s 24 to
conduct cases in District Courts and every Asstt. P.P. appointed U/s 25 to conduct cases
in Magistrate's Court shall be subordinate to Deputy Director of Prosecution.
Powers of P.P. -
(1) Appearance by PP 301 - The Public Prosecutors or Asstt. P.P. in charge of a
case may appear and plead without any written authority before any court in which that
case is under inquiry, trial or appeal.
(2) Withdrawal from prosecution - 321: The P.P. or Asstt. P.P. incharge of a case
may with the consent of the court at any time before the judgment is pronounced.
Withdraw from the prosecution of any person either generally or in respect of any one or
more of the offences for which he is tried.
Consequences of withdrawal -
(a) If it is made before a charge has been framed, the accused shall be discharged in
respect of such offence.
(b) If it is made after a charge has been framed, he shall be acquitted in respect of such
offence.
(c) In a case where no charge is required to be framed, he shall be acquitted.
Definition -
Public Prosecutor Sec 2 (U)
"Public Prosecutors means any person appointed under section 24 and includes any
person acting under the directions of Public Prosecutor.
Pre Trial Procedure
Arrest
No person shall be arrested deprived of his right & personal liberty except
procedure established by law. The Word arrest means the restraining of the liberty of
man's person in ordeer to compel obedience to the orders of a court of justice or to
prevent the commission of a crime or to ensure that a person charged or suspected of a
crime may be fourth coming to answer it.
In other words it can be said that an arrest is apprehension of a person by legal
authority resulting in deprivation of his liberty.
Types of Arrest
The Cr. P.C. contemplates two types of arrest -
(i) Arrest with warrant (Ss - 70 - 81)
(ii) Arrest without warrant
Arrest without warrant may be made -
(i) By police U/s 41 and other sections
(ii) By private person u/s - 43
(iii) By Magistrate U/s - 44
When Police may arrest without warrant -
In following circumstances police may arrest any person without warrant
(1) Sec - 41(1)
(a) who has been concerned in any cognizable offence or -
(b) who has in his possession without lawful excuse any implement of house breaking or
(c) who has been proclaimed as an offender or
(d) in whose possession any stolen properly has been found or
(e) who abstructs a police officer while in the execution of his duty ; or
(f) who is reasonably suspected of being a deserted from any of the Armed forces ; or
(g) who has been required for extradition or
(h) who being a released convict, commits a breach of any rule made under Sec. 356 (5)
or
(i) for whose arrest any requisition has been received from another police officer.
(2) Sec. 41 (2) - Any officer in charge of a PS may in like manner arrest any person
belonging to categories of persons specified under Sec. 109 or Sec. 110.
(3) Sec 42 - A police officers may arrest a person without warrant who has committed in
presence of police any non cognizable offence refuses on demand of such officer to give
his name or residence or has given wrong name or wrong residence.
(4) Sec 151 - It provides big power to police. A police officer knowing of a design to
commit any cognizable offence may arrest, that person without warrant.
(5) Sec - 123(6) - When a conditional order of discharge has been cancelled under this
section, such person may be arrested without warrant and shall be produced before DM
when order is made u/s 117 and CJM in other cases.
(6) Sec. 432(3) If any condition on which a sentence has been suspended or remitted is,
in the opinion of the appropriate Govt. not fulfilled, the app. Govt. may cancel the
suspension or remission and thereupon the person shall be arrested without warrant.
(7) Sec. 438(1) Proviso - Where the HC or the court of sessions as the case may be has
not passed any interim order under this sub sec. or has rejected the application for grant
of anticipatory bail, it shall be open to an officer in charge of a police station to arrest
without warrant.
When Private person may arrest any person -
Sec 43 provides that a private person may arrest any person under following
circumstances -
(1) In his presence who has committed a non bailable and cognizable offence ; or
(2) who is proclaimed offender.
When Magistrate may arrest -
Sec 44 provides that when any offence is committed in the presence of Magistrate
whether executive or judicial. Within his local jurisdiction, he may himself arrest or order
any person to arrest the offender and may commit the offender to custody.
Sub Sec. (2) provides that any Magistrate whether executive or judicial, may at any time
arrest or direct the arrest in his presence within his local jurisdiction of any person for
whose arrest he is competent at the time and in the circumstances to issue a warrant.
Protection of members of the Armed forces from arrest - Sec . 45
Notwithstanding anything contained in Sections 41 to 44 (both inclusive) no member of
the armed forces of the Union shall be arrested for anything done by him in the
discharge of his official duties except after obtaining the consent of the Central
Government.

What is the procedure adopted by the police after arresting a person (Post arrest
procedure)
(1) Search of arrested person (Sec 51) -
Whenever a person is arrested and has not been realized on bail, then the officer
making the arrest may search such person and place in safe custody all articles other
than necessary wearing apparel found upon him and a receipt showing the article taken
shall be given.
(2) Seizure of offensive weapon (Sec - 52)
The officer or other person making any arrest may take from the person arrested any
offensive weapon which he has about his person and shall deliver all weapons to taken
to the court or officer before which / whom the arrest person is required to be produced.
(3) Medical examination of accused after arrest (Sec - 53)
When a person is arrested on a charge of committing an offence of such a nature and
alleged to have been committed under such circumstances that there are reasonable
grounds for believing that an examination of his person shall afford evidence as to
commission of an offence, It shall be lawful for registered medical practitioner by request
of police officer not below the rank of Sun Inspector to examine of his p.
(4) Compulsory med - examination of accused of rape (sec 53 A)
When a person is arrested on a charges of committing an offence of rape or an attempt
to commit rape and there are reasonable, grounds for believing that an examination of
his person will afford evidence as to the commission of such offence.
In Kathi Kalu Vs. State, Anil Lohkhand Vs. State of Maharastra , the Hon'ble S.C. has
held that med. examination of accused is not violative of of the const right against self
incrimination. Article 20(3) protects only to testimony written or oral.
Examination : Under section 53, 53A and 54 examination shall include, the examination
of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair
sample and finger nail. DNA profiling etc.
(5) Report of arrest to DM/SDM - Sec 58
Officer incharge of PS shall report to the DM or SDM if DM so directs, the cases of all
persons arrested without warrant, within the limits of their respective stations, whether
such persons have been admitted to bail or otherwise.
(6) Person arrested not to be discharged (Sec 59)
Person arrested not to be discharged except on (i) his own bond, or (ii) on bail or (iii)
under the special order of a Magistrate.
Rights of arrested person -
No person shall be deprived of his life and personal liberty except according to the
procedure established by law - Art. 21.
(1) Right to know the ground of arrest (Sec 50(1))
Every police officer or other person arresting any person without warrant shall forthwith
communicate to him full particulars of the offence for which he is arrested or other
ground for such arrest.
(2) Information as to right of bail (Sec 50(2))
Where a police officer, arrests without warrant any person other than a person accused
of a non bailable offence, he shall inform the person arrested that he is entitled to be
released on bail and that he may arrange, for sureties on his behalf.
(3) Information of arrest to a person nominated by accused (Sec-50A)
Every police officer other person making any arrest shall forthwith give the information
regarding such arrest and place where arrested person is being held to any of his friends
relatives or such other persons as may be disclosed or nominated by the arrested
person for the purpose of giving such information.
It shall be the duty of the Magistrate before whom such arrested person is produced to
satisfy himself that the requirements of above thing have been complied with his
respective of such arrested person.
By the decision by S.C. in Joginder Singh Vs. State of UP and D.K. Basu Vs. State of
W.B. this section has been added.
(4) Right of Medical examination (Sec - 54)
When a person who is arrested, whether on charge or otherwise, alleges at the time
when his is produced before a Magistrate or at any time during the person of his
detention, in custody that the examination his body will afford evidence which will
disprove the commission by him of any offence or which will establish the commission by
any other person of any offence against his body, the Magistrate shall if requested by
the arrested person so to do direct the examination of the body of such person by a
regd., med. practice
(5) Right to be produced before Magistrate within 24 hours sec. 57-
No police officer shall detail in custody a person arrested without warrant for a longer
period than under all the circumstances of the case is reasonable and such period shall
not, in the absence of a special order of a Magistrate under Sec - 167, exceed twenty
four hours exclusive of the time necessary for the journey from, the place of arrest to the
Magistrate Court.
Rights of accused under Constitution -
(1) Art. 21 - Right of indigent arrested person to get legal aid and to be informed about it.
(2) Art 22- (1) Right to know the ground of arrest. Right to consult a legal practitioner of
choice.
(3) Art 22 (2) - Right to be produced before Magistrate within 24 hours exclusive of
journey time.
Right of not to be detained in custody beyond 24 hours without order of Magistrate

Process to compel appearance

A - Summons
Que: What is the form of summons?
Ans : Form of summons -
According to Sec. 61 every summons issue by a court under this code must fulfil the
following requirements namely -
(1) It must be in writing
(2) It must be in duplicates.
(3) It must be signed by the presiding officer of such court, or by such other officer as the
H.C. may direct.
(4) It must bear the seal of the Court.
Que : Who is authorised to serve the summons ?
Ans : Summons how served -
According to Sec - 62 (i) every summons shall be served by -
(1) a police officer or
(2) subject to such rules as the State Govt. may make in this behalf (i) by an officer of
the Court issuing it, or (ii) other public servant
Que : How the summon shall be served ?
Ans : Sec 62(2) and (3)
(1) The summons shall be served personally on the person summoned, by delivering or
tendering to him one of the duplicates of the sommons.
(2) The person on whom a summons is so served shall if so required by the serving
officers sign a receipt therefore on the back of the other duplicate.
Que: How summons served on ordinary person and what is the procedure if he is not
found.
Ans : Service when person summoned can't be found -
According to Sec. - 64 where the person summoned can't, by the exercise of due
diligence be found, the summons may be served by leaving one of the duplicates for him
with some adult male members of his family residing with him and the person with whom
the summons is so left shall if so required by the serving officer, sign a receipt therefore,
on the back of the other duplicate.
Explanation - A servant is not a member of his family within the meaning of this section.
Service cannot be effected as before, procedure -
Sec - 65 If service can not by the exercise of due diligence, be effected as provided in
sections 62, 63 and 64, the serving officer shall affix one of the duplicates of the
summons to some conspicuous part of the house or hence stead in which the person
summoned ordinarily resides; and thereupon the court, after making such inquiries as it
thinks fit, may either declare that the summons has been duly serve or order fresh
service in such manner as it considers proper.

Que : What is the procedure to summon Govt. servant

Ans: Service on Govt. Servant - Sec 66
Where the person summoned is in the active service of the Govt., the Court
issuing the summons shall ordinarily send it in duplicate to the head of the office in which
such person is employed, and such head shall thereupon cause the summons to be
served in the manner provided by sec-62, and shall return it to the court under his
signature with the endorsement required by that section. If head is failed shall be liable
for contempt of court.
Que: What is the procedure of service of summons outside the local jurisdiction of a
court issuing it?
Ans : Sec - 67 :- Service of summons outside local limits -
When a court desires that a summons issued by it shall be served at any place outside
its local limits / jurisdiction , it shall ordinarily send such summons in duplicate to a
Magistrate within whose local jurisdiction the person summoned resides or is to be there
served.
Que: What is procedure for summons on witness
Ans : Sec - 69 - Service of summons on witness by post -
Notwithstanding anything contained in the preceding sections of this chapter, a court
issuing a summons to a witness may, in addition to and simultaneously with issue of
such summons, direct a copy of the summons to be served by registered post
addressed to the witness at the place where he ordinarily resides or carries on business
or personally works for gain.
Warrant - Bailable
Non Bailable
Jurisdiction W in local juris
W outside juris
Warrant it is executed
Summons It is served
Warrant of Arrest
Warrant of arrest and duration -
(1) Every warrant of arrest issued by a court under this code shall be -
(i) in writing
(ii) signed by the presiding officer of such court
(iii) It shall bear the seal of the court.
(2) Every such warrant shall remain in force untill it is canceled by the court which issued
it, or untill it is executed. It is known as recall of the warrant.
Sec - 71- Power to direct security to be taken -
Any court issuing a warrant for the arrest of any person may in its discretion direct by
endorsement on the warrant that if such person executes a bond with sufficient sureties
for his attendance before the court at a specified time and thereafter untill otherwise
directed by the court, the officer to whom the warrant is directed shall take such security
and shall releases such person from custody.
Que : Who may be authorised to execute warrant -
Ans : Sec 72 Warrant to whom directed
(1) A warrant of arrest shall ordinarily be directed to one or more police officers.
(2) If its immediate execution is necessary and no police officer is immediately available,
it may be directed to any other person or persons, and such person or persons shall
execute the same.
Que : Against whom warrant may be directed ?
Ans: Sec - 73 The CJM or a Magistrate of the first class may direct a warrant to any
person within his local jurisdiction for the arrest of any escaped convict, proclaimed
offender or of any person who is accused of a non bailable offence and is evading
arrest.
In other words, the CJM or a Magistrate of the first class may direct the warrant to any
person within his local jurisdiction for the arrest of
(i) any escaped convict, or
(ii) proclaimed offender , or
(iii) any person who is accused of a non bailable offence and is evading arrest.
C - Proclamation and attachment
Sec - 82 : Proclamation for person absconding -
(1) If any court has reason to believe (whether after taking evidence or not) that any
person against whom a warrant has been issued by it has absconded or is concealing
himself so that such warrant cannot be executed, such court may publish a written
proclamation requiring him to appeal at a specified place and at a specified time not less
than 30 days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows -
(i)(a) it shall be publicity read in some conspicuous place of the town or village in which
such person ordinary resides.
(b) it shall be affixed to some conspicuous part of the house or home stead in which
such person ordinarily resides or to some conspicuous place of such town or village.
(c) a copy thereof shall be affixed to some conspicuous part of the court house.
(ii) The court may also, if it thinks fit direct a copy of the proclamation to be published in
a daily newspaper circulating in the place in which such person ordinarily resides.
(4) Where the proclamation issued for a person whose offence is falling under sections
302, 304, 364, 367, 382, 392, 399, 400, 402, 436, 449, 459 or 460 IPC and that person
fails to appear in a court then the court may declare him as proclaimed offender and
persons who are accused of offences other than those mentioned above, they are
declared as proclaimed person.
Sec - 174 A IPC which was added by criminal law (amendment) Act, 2006 makes
appearance of accused in violation of proclamation order given under Sec 82(i), a
substantive offence, this section provides that if any person who declare as proclaimed
offender U/s - 82(4) he can be punished with imp for 7 years and other proclaimed
person can be punished for imp for maximum period of three years.
Sec 83 - Attachment of properly of person absconding
The court issuing a proclamation may for reasons to be recorded in writing, at any time
after the issue of the proclamation order the attachment of any property belonging to the
proclaimed person. This order of attachment can never be before order of proclamation
by it can be issued simultaneously with the issue of proclamation in following two
circumstances if by affidavit or otherwise court is satisfied that
(i) accused is about to dispose of his property
(ii) he is about to remove his property out of local jurisdiction of the court.
Sec - 84: Claim and objections to attachment -
Any person can claim or object or prefer the objection to the attachment to property
within six months from the date of such attachment but the claimant should not be
proclaimed offender or person on the ground that the claimant or objector has an has an
interest in such properly. The `claim / objection is preferred in the same court which has
passed the order of attachment and if the attached properly is related to proclaimed
person or offender, claim / objection is made in CJM Court.
If claim or objection is rejected by that court, the aggrieved person may within the period
of one year from the date of such rejection file a suit in appropriate court to establish his
right / title in that property.
Sec 85: Release, sale and restoration of attached property :
(1) If the proclaimed person appears within the time specified in the proclamation the
court shall make an order releasing the properly from the attachment.
(2) The attached property can not be sold within six months from the date of attachment
but if the property is of perishable nature it can be sold within six months.
(3) If within two years from the date of attachment any person, whose property is
attached appears voluntarily or is brought before the court and he satisfied the court that
he has no knowledge of proclamation, then the court may release the attached properly
or if the property has been sold the same amount after deducting the cast should be
returned to that person.
Sec - 86 Appeal - Any person aggrieved by an order under Sec- 85(3) can appeal in
court in which appeal ordinarily lies against order of such court.
Process to Compel the production this things
A - Summons to produce

Sec - 91: Summons to produce document or other thing -

Whenever any court or any officer in charge of a PS consider that the production of any
document or other thing is necessary for the purposes of any investigation, inquiry, trial
or other proceeding under this code, such court may issue a summons or such officer a
written order to the person in whose possession such document or thing is believed to
be requiring him to attend and produce it.
Sec - 92: Procedure as to letters and telegrams -
If any documents or parcel or thing in the custody of a postal or telegraph authority is, in
the opinion of the DM, CJM, Court of sessions or HC wanted for the purpose of any
investigation enquiry or trial or other proceedings under this code, such magistrate or
court may require the postal or telegraph authority, the deliver the document, parcel or
thing to such person as the Magistrate or court directs.
Note: No summons shall be issued to accused person to produce any document or
thing.
Sec - 166 - A letter of request to competent authority for investigation in a country or
place outside India.
A letter of request must be sent to foreign Govt. for the purpose of demanding any
document or thing required in investigation, inquiry or trial.
Sec 166-B: Letter of request from a country or place outside India to an authority for
investigation including.
B- Search Warrant
Search warrant is an order by a Magistrate directing any person generally a police officer
not below the rank of a constable to search any place in order to seize any document or
thing.
Search may be conducted with & without warrant.
Search with warrant -
There are six situations in which a warrant can be issued for a search -
(1) Sec 93 (1)(a) - Where any court has reason to believe that a person to whom as
summons or order u/s - 91 or a requisition under sub section (1) of sec - 92 has been
addressed will, not produce the document or thing.
(2) Sec - 93 (1)(b) - Where such document or thing is not known to the court to be in
possession of any person.
(3) Sec 93(1)(C) - Where the court considers that the purposes of any inquiry, trial or
other proceeding under this code will be served by general search or inspection, it may
issue a search warrant.
(4) Sec - 94 : DM , SDM, Judicial Magistrate 1st class may issue a search warrant to a
police officer above the rank of constable to search a place suspected to contain or store
stolen property or forged document etc.
(5) Sec 95 - Where any newspaper books etc. contains any seditious material (124-A) or
obscene material (192) then Govt. may by notification order to forefeit these materials.
Any person who is aggrieved by this forfeiture may under sec - 96 make an application
within two months of its forfeiture (date of notification in Gazette) in HC. This application
shall be heard by a bench consisting of minimum three judges or more. In case where
HC shall make a special bench and heard the same.
(6) Sec - 97: Any DM, SDM or JM first class may issue search warrant for production of
any person who is wrongfully confined.
Search without warrant
There are following five situations in which search may be conducted without warrant of
competent authority -
(1) Sec 103 - Any magistrate may direct a search to be made in his presence of any
place for the search of which he is competent to issue a search warrant.
(2) Sec 153 - Inspection of weight or measures - Any officer incharge of a PS may
without warrant enter any place within the limits of such station, for the purpose of
inspecting such weight or measures for weighing user or kept therein.
(3) Sec - 165 - An officer in charge of PS or any Police Officer making investigation into
any offence may search any place or thing without search warrant.
(4) Sec - 166 - When officer incharge of PS or other PO not below the rank of sub -
inspector making investigation may require another PO incharge of PS, he may search
without warrant in his limits.
Chapter IX (125- 128)
Order for maintenance of wives, children and parents -
Purpose - Speedy remedy / trail
Uniformity for all religion
Que : Who gives maintenance under section 125 Cr. P.C.
Ans : Any person who having sufficient means neglects or refuses to maintain his wife,
children and parents.
Que: Who is entitled to get maintenance U/s 125 Cr. P.C.?
Ans: Under Sec 125 following persons are entitled to get maintenance-
(1) Sec - 125 (1)(a) - Wife, unable to maintain herself.
(2) Sec - 125 (1)(b) - his legitimate or illegitimate minor child, whether married or not,
unable to maintain itself or
(3) Sec . 125(1)(c) - his legitimate or illegitimate child (not being a married daughter) who
has attained majority, whether such child, by reasons of any physical or mental
abnormality or injury unable to maintain itself or
(4) Sec - 125 (1)(d) his father or mother, unable to maintain himself or herself.
Que : In which court suit lies ?
Ans : An application for order for maintenance under Sec. 125 shall lie in the court of
Judicial Magistrate of the first class.

Que : At what place suit lies?

Ans : Sec - 126 provides that proceedings under sec - 125 may be taken against any
person in any district -
(a) Where he is or
(b) where he or his wife resides or
(c) where he last resided with his wife or as the case may be, with the mother of the
illegitimate child.
Que : What is the amount awarded by the court U/s 125 ?
Ans: Sec 125(1) provides that upon proof of neglect or refusal, a magistrate may, during
the pendency of the proceeding regarding monthly allowance for the maintenance under
the sub section order such person to make a monthly, allowances for the interim
maintenance and the expenses of such proceeding which the Magistrate may consider
reasonable.
Proviso - 3 - of Sec 125(1) also provides that an application for the monthly allowance
for the interim maintenance and expenses for proceeding under the second provi shall,
as for as possible, be disposed of within 6 days from the date of service of notice of the
application such person.
Que: What is method of enforcement?
Ans : Sec 125(3) provides that if any person ordered to maintain his wife, children, father
or mother fails without sufficient cause to comply with the order, any such Magistrate
may, for every of the order, issue a warrant for levying the amount due in the manner
provided for levying fines, and may sentence such person, for the whole or any part of
each month's allowance for the maintenance or the interim maintenance and expenses
of the proceeding as the case may be remaining unpaid after the execution of the
warrant to imprisonment for a term which may extend to one month or until the payment
is sooner made.
Provided that no warrant shall be issued the recovery of any document due under this
section unless application be made to the court to levy such amount within a period of
one year from the date on which it became due.
Que: In what circumstances wife becomes disentitled to get maintenance under section
125?
Ans: Sec- 125(4) provides that no wife shall be entitled to receive an allowance for the
maintenance or the interim maintenance and expenses of proceeding as the case may
be from her husband in following circumstances -
(1) If she is living in adultery
(2) If, without any sufficient reason, she refuses to live with her husband or
(3) If they are living separately by mutual consent
Que: On what grounds order of maintenance of wife can be cancelled?
Ans: An order of maintenance of wife can be cancelled under the following grounds,
namely -
(1) Under Sec 125(5) - The Magistrate shall cancel the order on proof that any wife in
whose favour an order has been made under this sec. is living in adultery or that without
sufficient reason she refuses to live with her husband or that they are living separately
by mutual consent.
(2) Under Sec - 127 (2) where it appears to the Magistrate that, in consequence of any
decision of a compel it civil court, any order made U/s 125 should be cancelled or varied,
he shall cancel the order or as the case may be, vary the same accordingly.
(3) Under Sec 127(3) where any order has been made u/s 125 in favour of a woman
who has been divorced by, or has obtained a divorce from her husband, the Magistrate
shall if he is satisfied that -
(a) the woman has, after, the date of such divorce remarried
(b) the woman has received, whether before or after the date of the said order, the whole
of the sum which, under any customary or personal law applicable to the parties, was
payable on such divorce.
(c) the woman had voluntarily surrendered her rights to maintenance or interim
maintenance after her divorce.
Cancel the order of maintenance
Que : What are the grounds of alternation of maintenance ?
Ans : (1) Under sec 127 (1) On proof of a change in the circumstances of any person,
receiving or ordered to pay monthly allowance for the maintenance or interim
maintenance under Sec 125, the Magistrate may make such alternation as he thinks fit,
in the allowance for maintenance or interim maintenance
Provided that if the increases the allowance, monthly rate of five hundred rupees in the
whole shall not be exceeded.
(2) Under Sec. 127(2) Where it appears to the Magistrate that in consequence of any
decision of a competent civil court, any order made u/s 125 should be cancelled or
varied, he shall cancel or varied the order accordingly.
Maintenance of Muslim wife / divorced wife -
Mohd. Ahamad Khan Vs. Shah Bano Begum 1985
In this case the S.C. has held that Sec 125 Cr. P.C. is secular and will be applicable to
Muslims also and any Muslim divorced wife can claim maintenance under this section.
After this judgment the parliament has passed "Muslim women's (Protection of Rights on
Divorce) Act, 1986 to nullify this judgment of S.C.
Recently in Daniel Latifi Vs. UOI 2001 the SC divorced Muslim woman for that purpose
parliament they can claim maintenance as per provisions of that Act.
In Vijay Manohar Vs. Kashi Rao, the S.C. has held that daughter is also liable to give
maintenance under Sec 125 Cr. P.C. to her father or mother who are unable to maintain
themselves.

Sec 461(g) provides that if a Magistrate who is not competent to try a suit U/s 125(1) and
an order has been passed by him then the proceeding taken place in that court shall be
void.
Sec 128 - Enforcement of the order of maintenance -
A copy of the order shall be given to both the parties and such order may be enforced by
any Magistrate in any place where the person against whom it is made may be.
What is evidentiary value of FIR -
The term FIR has not been defined in the code FIR must disclose the commission of a
cognizable offence. There is no necessary of any particular language in FIR and
mentioning of all the occurrence is also not necessary. Mere delay in lodging FIR is
really of no consequence, if the reason is explained. Delay can only be a ground to
arouse suspicion when it is unexplained.
The principle object of the FIR from the point of view of the informant is to set the
criminal law in motion and from the point of view of the investigating authorities is to
obtain information about the alleged criminal activity so as to able to take suitable steps
for tracing and bringing to book the guilty party.
Evidentiary value:-
FIR is not a substantive peace of evidence. The conviction cannot be based only on the
basis of FIR
FIR can be used as evidence in the following circumstances -
(1) Under Sec. 157 93A - If informant appears in court as witness then statement given
in FIR can be used to corroborate his statement in court.
(2) Under Sec 145(1EA) -
If the informant appears in a court as witness his statement given in FIR can be used to
contradict him.
(3) Under Sec 32(1)(9EA) -
If informant is the victim of the case and after making FIR he has died, the statement
given by him in FIR can be used as dying declaration.
(4) Under Sec 8 (9EA) -
This statement can be used to show the conduct of informant in a case if his conduct in
the case.
Que : When police refused to lodge on FIR what is the remedies available to the
aggrieved person :
Ans : The following remedies are available to the agg person on refusal to lodge an FIR
by police -
(1) Under sec 154(3), a letter shall be sent to the SP by past in respect of cognizable
offence.
(2) Under sec 156(3) an application shall be made to the Magistrate having power to
take cognizance of the offence under Sec. 190.
(3) Under sec 190(1)(a), a complaint shall be filed directly to the Magistrate of the
offence.

Chapter XIV
Conditions requisite for initiation of proceedings -
Cognizance - When Judicial Magistrate applies his mind into the commission of alleged
crime for the purpose of inquiry or trial, it is called taking cognizance of offence by the
Magistrate. When Magistrate grants bail or remand, it is not called the taking of
cognizance. Cognizance is taken only for starting the trial of offence.
Sec - 190:- Cognizance of offences by Magistrate -
As per section 190, any magistrate of the 1st class and any Magistrate of the second
class (if authorized by CJM) may take cognizance of any offence.
(a) upon a complaint.
(b) upon a police report u/s 179(2)
(c) suo motu + 191 + 461
Commitment -
Sec. 193 provides that except in few cases session court is not empowered to take
cognizance of an offence Judicial Magistrate under Sec 190 will take cognizance of all
offences and after taking cognizance he founds that offences as triable by court of
session then he will commit (under Sec. 209) the case to court of session for trial and
session court will try this case.
Exceptions -
Sec 199(2) provides that if defamation has been done against higher dignitary (President
/ VP / Governor / Public servant etc.) cognizance of this offence will be taken by Session
Court on complaint of Public Prosecutor within six months from the date of alleged
offence.
Procedure for trial of this offence -
Trial for offences instituted under sec 199(2) has been given under sec 237. Court of
session after taking cognizance of an offence under section 199(2), shall try the case in
accordance with the procedure for the trial of warrant cases institute otherwise than on
police report before court of Magistrate.
Sec 237(3) and (4), Session Judge after acquitting or discharging the accused, founds
that the complaint is without any reasonable ground and it was not made on behalf of
President / Vice Governor or Administrator of Union Territory. Court may award
compensation to accused person not exceeding Rs. One Thousand Rupees.
Limitation on powers of taking cognizance -
In criminal matters generally any person can start the Cr. proceedings and the rule of
locus standi is not applicable in Cr. law. But in certain matters the criminal proceeding is
instituted only on previous sanction of Govt. or a complaint of particular persons. There
are followings -
(1) Sec 195 :- Contempt of Court etc
(2) Sec 196 :- Offences against State
(3) Sec 197 :- Offences committed by Judges or Sub servant.
(4) Sec 198 :- Offences against marriage
(5) Sec 198A- Offences U/s 498A IPC
(6) Sec 199:- Prosecution for defamation.
Period of limitation for taking cognizance:-
Sec 468 provides that except as otherwise provided elsewhere in this code no court
shall take cognizance of an offence specified in sub sec. (2), after that expiry of the
period of limitation.
(a) six months, if the offence is punishable with fine only.
(b) one year, if the offence is punishable with imp. for a term not exceeding one year.
(c) three years, if the offence is punishable with imp. for a term exceeding one year and
not exceeding three years.
(d) any time, if the offence punishable with imp more than three years.
Restrictions / limitation as to complaint etc -
In certain matters court can take cognizance only on sanction of State / Central Govt. or
on a complaint by particular aggrieved person -
(a) Sec 195:- Contempt of lawful authority etc (Sec 172 - 180) and 193 - 196, 199, 200,
205 to 211 & 228 etc, court shall take cognizance in writing of public servant concerned
or of some other public servant to whom he is subordinate or of that court.
(b) Sec. 195-A- For offer O/s 195-A IPC, complete by threatment witness or any other
pension.
(c) Sec 196:- Offences against state (sec 153A, 295A, 505, 153-B, 120B etc)- The court
shall take cognizance of these offences only on previous sanction of state / central govt.
In case of sec 120B, 153A, 505, D.M. may also give sanction.
(d) Sec 197:- Prosecution of judges or pub. servant - Court can take cognizance of
offences committed by Judges or public servants during the course of his official
capacity with the previous sanction of State / Central Govt.
(e) Sec 198:- Prosecution of offences against marriage - The court can take cognizance
of offences under Sec 493 - 498, only on complaint of aggrieved person.
(f) Sec - 198A - Prosecution U/s 498A IPC - No court shall take cognizance of this
offence exception police report or a complaint made by aggrieved person.
(g) Sec 199:- Prosecution for defamation :- Sec 491 IPC)
No court shall take cognizance of an offence punishable under Chapter XXI which deals
with defamation except upon a complaint made by some person aggrieved by the
offence.
By reading the above sections (Sec 195-199) we are opinion that the court shall directly
take cognizance of that offences only on a complaint except sec 196 & 197 which
prescribes for sanction of Govt. we can also say that no FIR can be lodged or these
offences in PS.
Sec - 210:- Procedure to be followed when there is a complaint case and police
investigation in respect of the same offence -
(1) During the course of enquiry or trial held by Magistrate, it appears that an
investigation by police is in progress in respect of offence which is the subject matter of
the enquiry or trial held by him, the Mag shall stay the proceedings of such enquiry or
trial and call for a report on the matter from police conducting.
(2) Where police report and complaint case both are available, the Magistrate shall
enquire into or try together the complaint case and the case arising out of police report,
as if both cases were instituted on a police report.
Chapter XVII
The charge
Que :- 1 Define charge. What are the contents of charge?
Ans : Definition of charge :-
The code does not give any proper definition of the term charge. Sec 2(b) only says that
"Charge includes any head of charge when the charge contains more heads than one. In
the contest of Cr. law the term charge denotes accusation of crime which precedes a
formal trial, it is an accusation made in legal manner of illegal conduct, either of omission
or commission by the person charged.
By Sir :- In other words "charge" is a statement drawn by a Magistrate against accused
stating the name of crime for which he is charged and it also contains other particulars
like place of crime, time of occurrence of crime name of accused and victim,
circumstances of the crime etc.
Aim - The aim of framing of charge is to give full information to accused person
regarding the crime for which he has been charged and it will help him in defence. This
charge is then to be read and explained to the accused person.
Contents of charge -
Sec 211, 212 and 213 makes provisions for the contents of charge. These are as follows
-
(1) The offence with which the accused is charged.
(2) Specific name of the offence.
(3) If no specific name, definition of the offence.
(4) The law and section
(5) If the accused, having been previously convicted of any offence, the fact, date and
place of the previous conviction.
(6) The time and place of the alleged offence.
(7) The name of the victim and the thing (if any) in respect of which it was committed.
(8) The manner in which the alleged offence was committed.
(9) The charge shall be written in the language of the court.
Que 2 : What is the effects of error / omission in the charge whether this error / omission
can become a ground for quashing the trial in Superior Court ?
Ans : Sec 215 provides that no error / omission in stating either the offence or other
particulars of charge shall be regarded at any stage of the case or material, unless the
accused was in fact misled by such error / omission and it has occasioned a failure of
justice.
According to Sec 464, no finding, sentence or order by a court of competent jurisdiction
shall be deemed invalid merely on the ground of error or omission in the charge, unless
in opinion of the Superior court this error causes failure of justice to the accused.
Que :- Whether court may alter the charge ? If 'yes' upto what stages? And how?
Ans :- According to Sec 216. Any court may alter or add to any charge at any time
before judgment is pronounced.
Procedure - (1) Every such alternation or addition shall be read and explained to the
accused.
(2) If the alternation or addition is such that proceeding is likely to prejudice the accused
or prosecutor, the court may either direct new trial or adjourn the trial for such period as
may be necessary.
(3) If the offence stated in the alternative or added charge is one for the prosecution of
which previous sanction is necessary, the case shall not be proceeded with until such
sanction is obtained.
(4) Sec 217 provides that whenever a charge is altered or added to by the court after the
commencement of the trial, the prosecutor and the accused shall be allowed to recall
and examine with reference to such alternation or addition any witness and also to call
any further witness whom the court may think to be material.

Que 4: For every distinct offence there shall be separate charge and every such charge
shall be tried separately explain it and give its exceptions.
Ans: Sec 218 : Separate charges for distinct offences - Sec 218 provides that every
distinct offence shall be separately charged and every such charge shall be tried
separately. Here distinct offence means those offences which are not connected with
each other in any way in respect of time, place or circumstances. So this section bars
the joint trial of distinct offences but not bars the trial of those offences which are
connected with each other in any manner.
Exception to this statement -
(1) Sec 218(i) proviso - It provides that where the accused person by an application in
writing, so desires and the magistrate is of opinion that such person is not likely to be
prejudiced thereby, the Magistrate may try together all or any number of the charges
framed against such person.
(2) Sec - 219: Three offences of same kind within year -
Sec 219 provides that three offences of same kind within one year of period may be tried
together.
(3) Sec 220 (1) - According to sec. 220(1) if more than one offences are part of same
transaction then they can be charged together and tried together.
Illustration (a) A rescues B, a person in lawful custody and in so doing causing grievous
hurt to C, a constable in whose custody B was. It may be charged with and convicted of,
offences u/s 225 and 333 of IPC.
(4) Sec 220(3) According to Sec 220(3), if the acts alleged constitute an offence falling
within two or more separate definitions of any law in force, they charged with and tried at
one trial for, each of such offences.
Illustration (k) - A exposes her child with the knowledge that she is thereby likely to
cause its death. The child dies. It may be separately charged with and convicted of
offence U/s 317 and 304 IPC.
(5) Sec 220(4) - According to sec 223 in the circumstances given in this section more
than one person may be charged jointly in same trial.
Que 5: In what circumstances accused can be convicted for offence of which he has not
been charged?
Ans: (1) According to Sec 221(2), If in a case the accused is charged with one offence,
and it appears in evidence that he committed a different offence for which he might have
been charged under the provision of sub sec (1) of sec 221, he may be convicted of the
offence for which he was not charged.
Illustration (b) In a case mentioned, A is only charge with theft. It appears that he
committed the offence of Cr. breach of trust or that of receiving stolen goods. He may be
convicted of Cr. breach of trust or of receiving stolen goods, though he was not charged
with such offence.
(2) According to Sec 222(1) When a person is charged with an offence consisting of
several particulars, a combination of some only of which constitute a complete minor
offence and such combination is proved but the remaining particulars are not proved, he
may be convicted of minor offence though he was not charged with it, See Illust (A)
below.
(3) According to Sec. 222(2), when a person is charged with an offence and facts are
proved which reduced it to a minor offence he may be convicted of minor offence
although he was not charged with it. See illust. B below.
Illustration A - A is charged U/s 407 IPC with criminal breach of trust in respect of
properly entrusted to him as a carrier. It appears that he did commit criminal breach of
trust U/s 406, but that it was not entrusted to him as a carrier. He may be convicted of
criminal breach of trust u/s 406.
Illustration 'B' - A is charged u/s 325 with causing grievous hurt. He proves that he acted
in grave and sudden provocation. He may be convicted under sec. 335 IPC.
(4) According to sec 222 (3) - When a person is charged with an offence, he may be
convicted of an attempt to commit such offence although he was not charged with it or
although the attempt was not separately charged.
Chapter XXI
Summary Trials Procedure
Que 1: Who is empowered to try summarily?
Ans : Sec 260(1) makes provisions for the power of court to try summarily. It provides
that not withstanding any thing contained in this code -
(a) any CJM
(b) any MM
(c) any magistrate of the first class specially empowered in this behalf by the HC,
May, if he thinks fit, try in a summary way, all or any of the offences specified in (i) to (ix)
of sub - sec (1).
Que 2: Whether a Magistrate of the Second class can try summarily ?
Ans : According to Sec 261. The HC may confer on any Magistrate of the second class
to try summarily any offence which is punishable only with fine or with emp. for a term
not exceeding six months with or without fine, or any abetment or attempt to commit any
such offence.
Que 3: What are the offences which can be tried summarily ?
Ans: Sec 2650(1) provides that the empowered Magistrate may, if he thinks fit, try in a
summary way all or any of the following offences -
(i) summons cases
(ii) theft, U/s 379, 380 or 381 IPC where the value of the properly stolen does not exceed
Rs. 2000/-.
(iii) receiving or retaining stolen property U/s 411 IPC where the value of the property
does not exceed Rs. 2000
(iv) assisting in the concealment or disposal of stolen property U/s 414 IPC where the
value of such property does not exceed Rs. 2000/-.
(v) Offences under sections 454 and 456 IPC
(vi) offences u/s 504 and 506 (punishment not exceeding 2 yrs)
(vii) abetment of any of the foregoing offences ;
(viii) an attempt to commit any of the foregoing offence when such attempt is an offence.
(ix) any offence constituted by an act in respect of which a complaint may be made u/s
20 of the cattle trespass Act, 1871.
Que 4: Write down the produre for summary trail
Ans : Sec 262(1) provides that, in trials of summons case shall be followed except as
hereinafter mentioned. It is to be noted that the procedure for the trial of summons case
has been given under sec 251-259.
Sec 263 : Record in summary trial -
Sec 263 provides that in every case tried summarily, the Magistrate shall enter in such
form as the State Govt. may direct, the following particulars namely -
(a) the serial number of the case
(b) the date of the commission of the offence
(c) the date of the report or complaint
(d) the name of the complaint
(e) the name parentage and residence of accused.
(f) the offence complained of and the offence (if any) proved, and the value of the
properly in respect of which the offence has been committed.
(g) the plea of the accused and his examination (if any)
(h) the finding
(i) the sentence or other final order
(j) the date on which proceedings terminated
Sec 264: Judgment
In every case tried summarily in which the accused does not plead guilty, the Magistrate
shall record the substance of the evidence and judgment containing a brief statement of
the reasons for the finding.
Sec 265 : Language of record and judgment :-
Every such record and judgment shall be written in the language of the court.
Que 5: What is the maximum punishment is prescribed to the accused in summary trial -
Ans Sec 262(2) provides that no sentence of imp for a term exceeding three months
shall be passed in the case of any conviction under the chapter.
Que 6: What happens when the Magistrate who is not authorized for summary dry
conducts summary trial -
Ans : Sec 461 provides that if any Magistrate not being empowered by law, tries an
offender summarily, his proceedings shall be void. This is an irregularly which vitiate
proceedings U/s 461(m).
Disposal of criminal cases without full trial
For the purposes of reducing the cases pending in a court and by seeing the interest of
the parties the following procedure are mentioned in our Cr. P.C. for disposing the Cr.
case without its full trial. These are as follows -
(1) Withdrawal of prosecution u/s 321 :
The PP or Asstt. PP in charge of a case may with the consent of the court, at any time
before the judgment is pronounced, withdraw from the prosecution of any person in
respect of offences for which he is tried, and upon such withdrawal -
(a) if it is made before a charge has been framed, these accused shall be discharged in
respect of such offences
(b) if it is made after a charge has been framed when under this code no charge is
required, he shall be acquitted in respect of such offence / offences.
UP - On the written of the state govt. is added.
(2) Withdrawal of complainant in summons cases U/s 257 :
If the complainant, at any time before a final order is passed in a summons case,
satisfies the Mag. that there are sufficient grounds for permitting him to withdraw his
complaint against the accused, the Mag. may permit him and thereupon shall acquit the
accused.

(3) Withdrawal of remaining alternative charges on which court has not pronounced
judgment U/s 224 -
When a charge containing more heads than one is framed against the same person and
when a conviction has been held on one or more of them the complainant or PP with the
consent of the court withdraw the remaining charge or charges or the court of its own
accord may stay the inquiry into or trial of such charge and such withdrawal shall have
the effect of an acquittal.
(4) Absence or non appearance of complainant in warrant cases U/s 249 and in
summons cases U/s 256
Sec 249 provides that if the complainant is absent on any day fixed for the hearing of the
case and the offence may lawfully compounded or is not a cognizable offence, the
Magistrate may at any time before the charge has been framed discharge the accused.
Sec 256 provides that if in a summons case the complainant is absent at any day fixed
for the hearing of the case, the Magistrate may acquit the accused because in summons
cases framing of charge is not necessary.
(5) Abatement of proceeding due to death of the complainant under sec 256 (2) -
The provisions of sec 256 (1) shall also apply here where the non appearance of the
complainant is due to his death.
(6) Abatement of appeal due to death of the accused -
Sec 394 provides that every appeal u/s 377 or 378 shall finally abate on the death of the
accused. Every other appeal shall finally abate on the death of the appellant.
(7) Conditional pardoning of accomplice U/s 306, 307 -
With a view to obtaining the evidence of any person supposed to have been concerned
in an offence to which this sec. applies. the CJM or MM and Mag. Ist class at any stage
of the investigation or inquiry into or trial of offence may tender a full and true disclosure
of whole of the circumstance within his knowledge relative to offence and to every other
person concerned.
(8) Compounding of offences U/s 320 -
(i) Sec 320 (1) - The offences mentioned in the table given in this sub section can be
compounded with the person i e. victim mentioned in 3rd column in that table.
(ii) Sec 320(2)
The offences mentioned in the table given in the sub section may be compounded with
the permission of court and with victim mentioned in 3rd column of that table.
(iii) Sec 320(4)(a)
If the victim is below 18 years of age or is an idiot or a lunatic etc. then the offence is
compoundable by the person competent to contract on his behalf with the permission of
court.
(iv) Sec 320(4)(b)
If the victim has died, compounding is done by the legal representative of that person
with the permission of the court.
(v) Sec - 320(5)
When the accused has been committed for trial or he has been convicted and an appeal
is pending, the compounding shall be allowed with the leave of the court to which he is
committed or before which the appeal is to be heard.
(vi) Sec - 320(6) Compounding is also possible in revisional proceeding U/s 401 before
H.C. or Court of Session with the permission of that court.
(vii) Sec 320(8) - The composition of an offence under this section shall have the effect
of an acquittal of the accused.
(viii) Sec - 320(9) - It provides no offence shall be compounded except as provided by
this section.
(9) Plea of bargain u/s - 265A-L
Chapter XXI A is added / inserted by criminal law (amendment) Act, 2005 (Act No. 2 of
2006) which is enforced on 5th July, 2006.
Sec 265-A provides that this chapter shall apply in respect of an accused against whom
an offence punishable with emp. for a term up to seven years is pending for trial before
any court. It also provides that this chapter shall not apply where such offence affects
the socio - economic condition of the country or has been committed against a woman or
a child below 14 years.
Sec - 265 - B provides that the accused may file an application for plea bargaining in the
court in which such offence is pending for trial. This application such offence is pending
for trial. This application must be accompanied by an affidavit containing the statement
that this is made voluntarily and he has not previously been convicted with the same
offence for which he seeks bargain. After receiving the application the court shall issue
notice to the PP/ Asstt. PP or the complainant of the case and to the accused to appear
on the date fixed for the case. On the date so fixed, the court shall examine the accused
in camera to satisfy itself that the accused has filed the application voluntarily and where
the court is satisfied, it shall provide time to PP / Asstt. PP or the complainant and the
accused to work out mutually satisfactory disposition of the case which may include
giving compensation to victim by accused and thereafter fix the date for further hearing
of the case. Under section 265 C the court shall issue notice to GO and the victim also to
participate in the meeting to work out a satisfactory disposition of the case.
If the parties are agreed in the meeting, the court shall prepare a report of such
disposition which shall be signed by the presiding officer of the court and all other
persons who participated in the meeting U/s 265-D.
After full agreement of the parties U/s 265-D, the court shall dispose of the case U/s
265-E as follows :-
(a) the court shall award the compensation to the victim in accordance with the
agreement.
(b) if the court is of the view that sec - 360 or the provisions of probation of offenders
Act, 1958 arfe attracted it may release the accused.
(c) if the court finds that minimum punishment has been provided for the offence, it may
sentence the accused to half of such minimum punishment.
(d) If no minimum punishment is prescribed for the offence committed and the rule of
probation is also not applicable to accused, the court may award one fourth of the
punishment provided for such offer.
According to sec 265-G, the judgment delivered by the Court shall be final and
no appeal (except the SLP under Act 136 and writ petition under Art. 226 and 227 of the
constitution) shall lie in any court against such judgment.
Sec - 265 K provides that any statement or fact stated by an accused in
application for plea bargaining shall not be used against him in any proceeding.
Sec 265- L provides that nothing in this chapter shall apply to any juvenile or
child under the Juvenile Justice (care and protection of children) Act 2000.
Difference between Sections 320 and 265 AL -
Sec 320 and 265-AL has the following distinctions which are as follows -
(1) The result of compounding U/s 320 is acquittal while the result of plea bargaining is
conviction.
(2) The compounding of offences U/s 320 can be done only of offences mentioned in the
table under sub sec - (1) and (2), whereas in plea bargaining the offences, other than
those committed against an woman or a child or a socio economic office and the
offences for which punishment is more than seven years prescribed, can be entertained.
(3) For the offences mentioned in the table under Sec 320(2) compounding can only be
done with the consent of the court whereas in plea bargaining no consent is required.
(4) In case of compounding parties are victim and the accused but in case of plea
bargaining of case is instituted on police report parties are PP , GO, accused and the
victim.
(5) In case of death of the victim or where the victim is a child, the compounding is
possible with the legal representative of the victim but it is not possible in plea
bargaining.
(6) Compounding is done in open court whereas plea bargain is done in camera.
(7) Compounding is done at revisional as well as appellant stage also but the plea
bargaining is possible before the framing of charge.
(8) There can be no appeal against the order / judgment under Chapter XXIA relating to
plea bargaining.

All evidence should be taken in presence of accused

Sec 273 provides that all the evidence should be taken in presence of the accused in the
course of the trial or other proceeding.
Exceptions to this rule -
This rule has the following exceptions namely -
(1) Sec - 273 itself - Sec 273 provides that if the personal attendance is dispensed with,
the evidence shall be taken in the presence of the pleader of accused.
(2) Sec 205 - Sec 205 provides that if Magistrate issues summons, he may if sees
reason so to do, dispense with the personal attendance of accused and direct to appear
by his pleader.
(3) Sec - 206 : In petty offences the Magistrate may issue special summons to the
accused requiring him either to appear in person or by pleader or if he desires to plead
guilty to the charge without appearing before the Magistrate, to transmit by post or by
messenger the said plea in writing and the amount of fine specified in the summons.
(4) Sec 299- If it is proved that on accused person has absconded and that there is no
immediate prospect of arresting him, the court competent to try may take evidence
against him in his absence for eg - Daood Ibrahim case.
(5) Sec 317- If at any stage of inquiry or trial, the court is satisfied that the accused
persistently disturb, the proceedings in court, it may dispense with his attendance and
proceed with such inquiry or trail in his absence.
Chapter - XXIV
General provisions as to inquiries or trial -
Art - 20 (2) no person shall be prosecuted and punished for the same offence more than
once.
Double Jeopardy / Autrefois convict / Autrefois acquil
(Double punishment) (Previous conviction) (Previous acquittal)
Sec - 300 :- Person once convicted or acquitted not be tried for same offence -
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 convicted or acquitted of such
offence shall, while such convicted or acquitted remains infore, not be liable to be tried
again for the same offence, nor on the same facts for any other offence for which a
different charge from the one made against him might have been made u/s 221(1) or for
which he might have been convicted u/s 221(2).
Proviso (1) - A person acquitted or convicted of any offence may be afterwards tried with
the consent of the State Govt. for any distinct offence for which a separate charge might
have been made against him at the former trial under sec 220(1).
(2) A person convicted of any offence constituted by any act causing consequences
which, together with such act constituted a different offence from that of which he was
convicted may be afterwards tried for such last mentioned offence, if the consequences
had not happened, or were not known to the court to have happed at the time when he
was convicted.
(3) A person acquitted or convicted of any difference constituted by any acts may,
notwithstanding such acquitted or conviction be subsequently charged with, and tried for,
any other offence constituted by the same acts which he may have committed if the
court by which he was first tried was not competent to try the offence with which he is
subsequently charged.
Illustration - (a) A is charged by a Mag. of Second class with and convicted by him of,
theft of properly from the possession of B. A may subsequently be charged and tried for
robbery on the same facts.
(b) A, B and C are charged by a Mag 1st class with and convicted by him of, robbing D,
A , B and C may afterwards be charged and tried for dacoity on the same facts.
(4) A person discharged under sec - 258 shall not be tried again for the same offence
except with the consent of the court by which he was discharged or of any other court to
which the first mentioned Court is subordinate.
(5) Nothing in this sec. shall effect the provisions of Sec-26 of the General clauses Act,
1897 or of Sec - 188 of this code (Offence committed outside India)

Explanation - Dismissal of complaint and discharge of accused is not acquittal for the
purposes of this sec.
Que : Explain the illustration (c) and (f) of sec - 300.
Ans :- Illust - (C) of Sec - 300 -
A is charged before the court of session and convicted of the culpable homicide of B . A
may not afterwards be tried on the same facts for the murder of B.
In the above illustration A has been charged and convicted by a court of competent
jurisdiction for an offence and sec - 300 (1) bars the retrial on the same facts. So A
cannot be retrial on the same facts for the other offence.
Illustration (F) (b) above. In this illustration if it found that any distinct offence has been
committed for which the prior court was not competent to try, they may be tried again by
courts of competent jurisdiction.
Conditional Pardon to Accomplice
Que: Who is authorized to give conditional pardon to accomplice?
Ans: According to sec 306, the CJM or a MM at any stage of the investigation or inquiry
into, or the trial of, the offence and the Magistrate Ist class inquiring into or trying the
offence at any stage of the inquiry or trial may tender a pardon.
According to Sec - 307 - At any time after commitment of a case but before judgment is
passed, the court to which the commitment is made (sessions court) may tender a
pardon to accomplish on condition.
Que : Why a conditional pardon is given to accomplice ?
Ans : Sec 306 provides that with a view to obtaining the evidence of any person
supposed to have been concerned to an offence, the competent Magistrate, at any stage
of inquiry or trial, may tendor a pardon to such person on condition of his making a full
and true disclosure of the whole of the circumstances within his knowledge relative to
the offence and to every other person concerned in the commission thereof.
Sec - 307 provides that the same as above may be made by a court (session court) to
which the commitment of case is made, before judgment is pronounced.
Que : What are the offences to which conditional pardon can be given ?
Ans : Sec 306 (2) provides that the conditional pardon can be given in respect of the
following offences.
(a) any offence triable exclusively by the court of session or by the court of special judge
appointed under the Cr. law (Amendment) Act, 1952.
(b) any offence punishable with amp. which may extend to seven years or with more
severe sentence.
Que : Whether conditional pardon can be taken away ? How ?
Ans : Sec 308 provides that where the Public Prosecutor certifies that in his opinion such
person has either by concealing anything essential or by giving false evidence, not
complied with the condition on which the tendor was made, such person may be tried for
the offence in respect of which the pardon was so tendered and also for the offence of
giving false evidence.
Second proviso provides that such person shall not be tried for the offence of giving
false evidence except with the sanction of the High Court and nothing contained in Sec
195 and 340 shall copy to that offence.
Sec 327 : Court to be open -
Generally all the criminal proceeding should be held in open court i.e. where public
generally may have access. But it has certain exceptions when criminal proceeding can
be held in camera. There are following -
(a) Proviso of Sec - 327 : It provides that if the Magistrate thinks fit in any inquiry or trial,
he may execute general public from trial court room.
(b) Sec 327 (2) - It provides that in the sexual offence the criminal proceedings shall be
held in camera.
(c) Sec 265 B - It provides that the proceeding for plea bargaining should be held in
camera.
(d) Sec 199 (2) - It provides that the proceeding of defamation of high dignatories should
be conducted in camera.
Punishment for disclosure the identify -
Sec - 327(3) provides that where any proceeding is held in camera, no person shall print
or publish any matter in relation to any such proceedings, except with the previous
permission of the court of any person violates this, shall be punished with emp. which
may extend to 2 years and also fine under Sec - 228 A IPC.
Sec 360 (1) - Order to release on probation of good conduct -
This sub section empowers the court to release certain offenders on probation of good
conduct. It provides that when any person not under 21 years of age is convicted of an
offence punishable with fine onlyu or with imp. for a term of seven years or less, or
any person under 21 years of age or any woman is convicted of an offence not
punishable with death or emp for life.
and that person is first offender, (i.e. not convicted before) if the court thinks fit and
considering the age, character and circumstances in which offence was committed, may
release the accused into a bond, with or without sureties, to appear and receive
sentence when called upon during such period not exceeding three years as the court
thinks fit and in the meantime to keep the peace and be of good behavior.
Sec 360 (3):- Order to release after admonition -
In any case in which a person in convicted under sections - 380, 403, 417 or any offence
U/ IPC punishable with not more than two years imp. (summons cases) or any offence
punishable with fine only and no previous conviction is proved against him, the court if
he thinks fit, having regard to the age, character and circumstances in which the offence
was committed, instead of sentencing him to any punishment, release him after due
admonition.
Note : Nothing in this section shall affect the provisions of the probation of offenders Act,
1958 or the Juvenile Justice (care and protection of childrens) Act, 2000.
Sec 362 :- Court not to alter judgment -
No review in cr. cases -
Generally no court, when it has signed its judgment or final order disposing of a case,
shall alter or review the same. But it has certain exceptions.
(1) Proviso of Sec 362 - It provides that the court can review or alter its judgment to
correct a clerical or arithmetical error.
(2) Sec 127 - Under sec 127, the Magistrate may alter in the maintenance or interim
maintenance.
(3) Sec - 144 (5) - It provides that any Ex. magistrate may rescind or alter any order
made under this sec.
(4) Sec - 348 - In contempt cases, if the accused has been adjusted to any punishment,
the court may discharge him, on apology being made to its satisfaction.
Sec 365:- Court o Session to send copy of finding and sentence to DM:-
In cases tried by the Court of Session, or a CJM, the Court of such Magistrate,
as the case may be, shall forward a copy of its or his finding and sentence to the DM
within whose local jurisdiction the trial was held.
Chapter XXVIII
Sec 366 Sentence of death to be submitted by Court of Session for confirmation:-
When the Court of Session passes a sentence of death, the proceeding shall be
submitted to the HC and the sentence shall not be executed unless it is confirmed by the
HC.
Sec 368 Power of HC to confirm sentence or annul conviction:-
In any case submitted u/s 366, the HC may,-
(a) confirm the sentence or pass any other sentence warranted by law; or
 (b) annul the conviction , and convict the accused of any offence of which the Court
of Session might have convicted him, or order a new trial on the same or
amended charge, or
(c) acquit the accused person,
Provided that no order of confirmation shall be made under this section until the period
allowed for preferring an appeal has expired, or if an appeal is presented within such
period, until such appeal is disposed of.
Sec 367: Power to direct further enquiry to be made or addition al evidence to be taken:-
If, when such proceedings are submitted, the HC thinks that a further enquiry
should be made into, or addition al evidence taken upon any point bearing upon the guilt
or innocence of the convicted person it may make such enquiry or take such evidence
itself or direct it to be made or taken by the Court of Session.
Sec 369: Confirmation or new sentence to be signed by two judges:-
In every case, so submitted, the confirmation of the sentence, or any new
sentence or order passed by the HC, shall be made passed and signed by atleast two of
them.
Sec 370: Procedure in case of difference of opinion:-
Where any such case is heard before a Bench of judges and such judges are
equally divided in opinion, the case shall be decided as u/s 392, i.e. case shall be laid
before another judge to that Court.
CHAPTER XXIX
Appeals
The term "appeal" signifies the right of carrying a particular case from an inferior
to a superior Court with a view to ascertain whether the judgment of a lower Court is
sustainable. According to Black's Law Dictionary "an appeal is a complaint to a superior
Court of an injustice done or error committed by an inferior one, whose judgment or
decision the court above is called upon to correct or reverse "In legal glossary, "an
appeal is a proceeding taken before a superior Court or authority for reversing or
modifying decision of an inferior Court or authority on ground of error.
It is to be noted than an appeal is not an inherent right of a person but is a
creation of statute, and exists only where such a right is conferred by the statute.
Sections of appeal under Cr.P.C. -
 Except under this chapter the provisions for preferring an appeal has bee
provided under the Code. These are such - Ss-86, 237(7), 250(6), 341, 351, 449, 454.
And under Chapter XXIX - Ss-373, 374, 377, 378, 379, 380.
No appeal shall lie in following cases -
(1) Sec.372 : No appeal to lie unless otherwise provided -
Sec-372 provides that no appeal shall lie from any judgment or order of a Cr.
Court except as provided for by this Code or by any other law for the time being enforce.
(2) Sec.375 : No appeal in cases when accused pleads guilty -
Sec.375 provides that notwithstanding anything contained in Sec.374, there shall
be no appeal by a convicted person, where an accused person has pleaded guilty and
has been convicted on such plea-except as to the extent or legality of the sentence.
(3) Sec.376 : No appeal in petty cases-
Sec.376 provides that there shall be no appeal by a convicted person in any of the
following cases-
Court Sentence
(maximum)
(a) H.C. 6 months imp. or 1000/- fine or both.
3 months imp. or 200/- fine or both.
(b) Court of Session or M.M. only fine upto Rs.1000/-
(c) Magistrate Ist class only fine upto Rs.200/-
(d) Summary Trial (260)
Appeal may lie in following cases-
Appeal to Supreme Court under Cr.P.C.-
(1) Sec.374 (1) - In this sub-section it is said that any person convicted on a trial held by
a H.C. in its extraordinary original criminal jurisdiction may appeal to the S.C.
(2) Sec.379 - Where the H.C. has on appeal, reversed an order of acquittal of an
accused person and convicted him and sentenced him to death or to imp. for life or
to imp. for a term of 10 years or more, he may appeal to S.C.
Under Constitution-
(1) Article-132(1) - It provides that an appeal shall lie to the S.C. from any judgment,
decree or final order of a H.C., if the H.C. certifies U/Art.134 that the case involves a
substantial question of law as to the interpretation of this constitution.
(2) Article-134(10 - It provides that an appeal shall lie to the S.C. from any judgment
etc. of a H.C. in a Cr. Proceeding, if the H.C.-
 a. has an appeal reversed the acquittal of an accused person and sentenced him
to death; or
b. has withdrawn for trial before itself, any case from any Court subordinate to it
and has in such trial convicted the accused and sentenced him to death ; or
c. certifies U/Art. 134A that the case is fit one for appeal to S.C.
(3) Article-134-A : It provides that a certificate for appear to the S.C. may be given by
any H.C. passing or making a judgment etc. referred to in Article-132(1) or 133(1) or
134(1).
(4) Article 136 - SLP.
Sec.374 : Appeals from convictions -
Sentencing Court Appellate
Court
(1) Sec.374(1) - Person convicted by H.C. in its extraordinary cr. Supreme Court
original jurisdiction.
(2) Sec.379 - H.C., an appeal, reversed the order of acquittal and Supreme
sentenced the person to death or l.i. or imp. up to 10 yrs. Court
(3) Sec.374(2) - Conviction held by a Session Court / Add. Session
Court, or by any other Court (Asstt. S.C.) in which imp. for more High Court
than 7 years has been passed.
(4) Sec.374(3) - Conviction held by Asstt. Session Judge (less
than 7 years), M.M. Magistrate Ist class or of the second lass
may appeal to Court
of
Session

CHAPTER XXXIII
Provisions as to bail and bonds
 "Bail" is a security for the appearance of prisoner on giving which the accused is
released pending trial or investigation. It has been also defined as a "temporary release
from imp. on furnishing surety or security to appear for trial".
The word "bail bond" denotes a bond given by a prisoner and his surety to
ensure the appearance of the former in Court on a fixed day or when called upon.
The object of arrest and detention of the accused person is primarily to secure
his appearance at the time of trial and to ensure that in case he is found guilty he is
available to receive the sentence.

Bail

By Magistrate By H.C./
Session
Court
(Sections
438 & 439)
Bailable Non
Bail Offence
is mandatory in following cases -
Bailable
(Sec.436)
In the followingOffence
cases the accused person shall be released on bail. These are
as follows - (Sec.437)
(1) Sec.436+50(2)- Bail, in bailable cases-
When any person accused of a bailable offer is arrested or detained by police or
appears or is brought before a Court, and is prepared at any stage of the proceeding
before such Court to give bail, such person shall be released on bail.
(2) Proviso of Sec.436 - Bail to indigent person
It provides that if such person is indigent and is unable to furnish surety, the
officer or Court shall instead of taking bail from such person, release him on executing a
personal bond for his appearance.
Explanation - Where a person is unable to give bail within a week of the date of his
arrest, it shall be a sufficient ground for presuming him indigent person.
(3) Bail to under trial prisoner - Sec.436A
Where a person has, during the period of investigation inquiry or trial of an
offence, except an offence for which punishment is death is prescribed undergone
detention for a period extending up to one half of the max. punishment specified for that
offence, he shall be released on bail.
(4) Sec.437(2)- No ground for commission of crime-
 If it appears to Police Officer or Court at any stage of investigation, inquiry or trial
that there are not reasonable grounds for believing that the accused has committed a
non-bailable offence, but that there are sufficient ground for further inquiry into his guilt
the accused shall be released on bail.
(5) Sec.437(6)-Trial is not concluded within a period of 60 days -
If in any case tribal by a Magistrate, the trial of a person accused of any non-
bailable offence is not concluded with a period of sixty days from the first date fixed for
taking evidence, in the case, such person shall be released on bail.
(6) Sec.437(7)- Believing the accused not to be guilty -
If at any time after the conclusion of the trial of a person accused of a non-
bailable offence and before judgment is delivered, in the opinion of Court the accused is
not guilty, it shall release the accused on his executing a bond without sureties.
(7) Sec.167(2)- when investigation is not completed within 90/60 days : Where the police
is unable to produce police report U/s 173(2) in Court within the limited period as above,
the accused shall on this ground be relied on bail.
Sec.437
According to Sec.437(1) :
(1) when any person is accused ; or suspected of the commission of any non-bailable
offence; and
(2) he has been arrested or detained without warrant by an officer-in-charge of P.S.; or
(3) he appeared or is brought before a Court other than the H.C. or Session Court, i.e.
Court of Magistrate,
he may be released on bail.
When accused of a non-bailable offence shall not be released -
The under mentioned persons accused of a non-bailable offence shall not be
released on bail -
(i) if there appears reasonable grounds for believing that he has been guilty of an
offence punishable with death or imp. for life;
(ii) if such offence is a cognizable offence and he had been previously convicted of
an offence punishable with any for more than 7 years, or he had been previously
convicted on two or more occasions of a cognizable offence punishable with imp.
for three years or more but not less than 7 years.
Exceptions-
(1) Even if an accused comes into the category of the offends as referred to in (i) and
(ii) above, he may be released on bail if such person is -
a. under the age of sixteen years, or
b. woman, or
c. sick or infirm
(2) The mere fact that the accused person may be required for being identified by
witnesses during investigation shall not be sufficient ground for refusing to grant bail
if he is otherwise entitled to be released on bail.
(3) If it appears to such officer or court at any stage of the proceeding that there are not
reasonable grounds for believing that the accused has committed a non-bailable
offence, but there are sufficient ground for further inquiry the accused shall be
released on bail, or
If during the proceeding it appears to such officer or court that the accused has
committed a bailable offence, the accused shall be released on bail.
(4) If the trial of the person is not concluded within the period of Sixty days from the date
fixed for taking evidence, the accused shall be released on bail.
(5) If after the conclusion of trial and before the delivery of the judgment, it appears to
the Court that the accused is not guilty, then the accused shall be released on bail.
Hearing opportunity to P.P. -
The fourth proviso provides that no person shall be released on bail if the offence
alleged to have been committed by him is punishable with imp for more than 7 years
unless an opportunity of hearing has been given to p.p.
Sec.438 : Direction for grant of bail to person apprehending arrest (Anticipatory bail) -
Where any person has reason to believe that he may be arrested on accusation of
having committed a non-bailable offence, he may apply to H.C./Court of Session for a
direction that in the event of such arrest he shall be released on bail ; and that Court
may after taking into consideration, inter alia, the following factors, namely -
(i) the nature, and gravity of the accusation,
(ii) the cr. history of the applicant,
(iii) the possibility of the applicant to flee from justice,
(iv) whether the accusation has been made to enjure or humiliate the applicant,
either reject the application forthwith or issue an interim order for the grant of
anticipatory bail.
 Provided that, where the H.C. or the Court of Session has not passed on interim
order or has rejected the application for grant of anticipatory bail, it shall be open to an
officer-in-charge of P.S. to arrest without warrant the applicant on the basis of the
accusation apprehended in such application.
(1-A) where court grants an interim order, it shall forthwith cause a notice being not
less than seven days together with the copy of such order to be served on the p.p. and
S.p. with a view to give the p.p. a reasonable opportunity of being heard when the
application shall be finally heard by he court.
(1-B) the presence of the applicant seeking anticipatory bail shall be obligatory at the
time of final hearing of the application by the Court, if on an application made to it by the
p.p., the Court considers such presence necessary.
State Amendment (UP)
The provisions of Sec.438 shal be omitted in U.P. w.e.f. 28/11/1975.
When bail can be taken in non-bailable offence-
(1) Sec.167(2)- It provides that if the police report is no produced before a Court within
the period of 90 days if the offence is punishable with imp exceeding 10 yrs. & 60
days, in any other case, the accused person shall be released on bail on this
ground.
(2) Sec.437(1), Proviso - It provides that if the accused is under the age of 16 yrs, or is
a woman or is sick or infirm, he may be released on bail even in non bailable
offence.
(3) Sec.437(2) - It provides that if it appears to Court or the Officer that there is no
reasonable ground for accusation of an offence, the accused may be released on
bail.
(4) Sec.437(6) - If in any case triable by a Magistrate, the trial of accused of any non-
bailable offence is not concluded within a period of 60 days from the first date fixed
for taking evidence and the accused is in custody for the whole period, the Mag.
shall release him on bail.
(5) Sec.437(7) - If after the conclusion of trial of a person accused of a non bailable
offence and before judgment is delivered, the court found that there is no reasonable
ground for his guilty of any such offence, it shall release the accused on the
execution by him a bond without sureties.
(6) Sec.439(1) - Special power of H.C. and Court of Session in bail.
Cancellation of bail -
(1) Sec.437(5) - Any court which has released a person on bail may if it considers
necessary so to do, direct that such person be arrested and commit him to custody.
(2) Sec.439(2) - It is a special power of H.C. / Court of Session to direct that any person
who has been released on bail be arrested and commit him to custody.
Grounds for cancellation of bail -
In the following circumstances the bail can be cancelled. These are as follows-
(1) The accused has broken the condition of bail bond;
(2) He has escaped and not appeared in the Court at the date fixed for hearing of the
case;
(3) He is tampering with the evidence
(4) He is intimidating the witnesses
(5) If his release creates law and order in problem
(6) He is notorious criminal and dangerous for society.
(7) His life is in danger etc.
(8) He is misusing his liberty by indulging in similar cr. activity.
Bail - Bond ( F. N. 45 ) 441
(1) Bail -Bond : When accused is in jail and offence is of serious nature, the relevant on
Bail. In such B.B. - firstly two surety will give undertaking of the in jail accord also give
undertaking of appearance. If amount of surely in most the 20000 (in Lko) it must be
verified. Here B-B contains both accused beg of security Bond.
(2) Bond (Personal Bond) - In bailable matter generally accused surrenders before court
or arrested before officer incharge P.S., then he may be released on her P.B. so, that he
can be released on same day.
Provisions as to bonds - (Ss-440-450)
Sec.440 : Amount of bond and reduction thereof -
The amount of every bond executed under this chapter shall be fixed with due
regard to the circumstances of the case and shall not be excessive.
The H.C. or the Court of Session may direct that the bail required by a police
officer or Magistrate be reduced.
Sec.441 : Bond of accused and sureties-
Before any person is released on bail or on his own bond, a bond for such sum of
money as the P.O. or Court thinks sufficient shall be executed by such person when he
is released on bail by one or more sureties conditioned that such person shall attend at
the time and place mentioned in the bond.
Sec.441A : Declaration by sureties -
Every person standing surety to an accused person for his release on bail, shall
make a declaration before the Court as to the number of persons to whom he has stood
surety including the accused. It is made for the barring the surety who stood as
profession and does not know the accused personally.
Sec.442 : Discharge from custody -
As soon as the bond has been executed, the person for whose appearance it has
been executed shall be released and when he is in jail, the Court shall issue an order of
release to the officer in-charge of the jail, and such officer on receipt of the orders shall
release him.
Sec.443 : Power to order sufficient bail when that Ist take is insufficient -
Sec.444 : Discharge of sureties -
Any surety may at any time apply to a Magistrate to discharge the bond. On such
application being made, the Magistrate shall issue his warrant of arrest directing that the
person so released be brought before him. On such appearance pursuant to the warrant
the Magistrate shall direct the bond to be discharged and shall call upon such person to
find other sufficient sureties on failing, may commit him to jail.
Sec.445 : Deposit instead of sureties/ recognizance -
When any person is required by any Court or Officer to execute a bond with or
without sureties, such Court or Officer may except in the case of a bond for good
behaviour, permit him to deposit a sum of money or Govt. promissory notes to such
amount as the Court or officer may fix in lieu of executing such bond .
Ques. What happens if the conditions of bond is broken?
Ans. If bond is personal bond -
Sec.446A provides, If the conditions of a person by the person then the bond can
be cancelled by the Court and warrant may be issued for the arrest of accused in whose
favour the personal bond was executed and the amount of bond shall be recovered in
the manner provided U/s-421.
Sec.421 : It provides that when an offender has been sentenced to pay a fine, the Court
passing the sentence may take action for recovery of the fine in following two ways -
(1) It may issue a warrant for the levy of amount by attachment and sale of any movable
property belonging to him; or
(2) It may issue a warrant to the D.M., authorising him to realise the amount as arrears
of land revenue from movable or immovable property, of the offender.
Sec.229A - IPC - Failure by person released on bail or bond to appear in Court - (without
sureties) : He shall be punished with imp. for a term which may extend to one year or
five.
Que. How bail bond is forfeited?
Ans. If bond is bail/sureties bond - Sec.446
Sec.446 provides that where a bond for the appearance before a Court is
forfeited (lose of right by fault) the Court records the ground of such proof and calls upon
persons bound by such bond to pay a penalty thereof or to show a cause why it should
not be paid.
Sub-sec (2) provides that if sufficient cause is not shown and the penalty is not
paid, the Court may proceed to recover the same as if such penalty were a fine imposed
by it in the manner provided under Sec.421 as above.
Provided that if such penalty is not paid and can not be recovered in the manner
aforesaid, the person so bound as surety shall be liable to imp. in Civil Jail for a term
which may extend to six months.
Sec.446-A : Cancellation of bond and bail bond-
Where a bond is for appearance of a person in a case and it is forfeited for
breach of a condition under Sec.446 -
(a) the bond executed by such person as well as the bond, if any executed by his
sureties shall stand cancelled; and
(b) thereafter no such person shall be released on his own bond only but he may be
released on the execution of fresh bond.
Que. What happens where surety dies before forfeiture of bail bond?
Ans. Sec.446(4) provides that where a surety to a bond dies before a bond is forfeited,
his estate shall be discharged from all liability in respect of the bond.
Sec. 448: Bond required from minor -
It provides that when the person required by any Court, or Officer to execute a
bond is a minor, such Court or Officer may accept, in lieu thereof, a bond executed by a
surety or sureties only.