Q1. What do you mean by complainant?

 
Ans. Complainant is a party who initiates a lawsuit in a court of law or an administrative proceeding.
 
In the context of criminal law, “complainant” refers to a person who alleges that another committed a
criminal act against him/her.
 
In the context of civil law, “complainant” refers to a person or entity filing a complaint.
 
Q2. Define bailable offence.
 
Ans. Section 2(a) of CrPC defines bailable offence as the offence that has been shown in the First
Schedule as bailable or which is made bailable by any other law for the time being in force.
The first schedule of the crpc is divided into two parts wherein the first part deals with the offences
given under IPC and the second part deals with the offences under other laws.
 
As per the last item of the first schedule, an offence in order to be bailable would have to be an
offence which is punishable with imprisonment for less than 3 years or with fine only.
 
Some of the common bailable offences are:
 Simple hurt [Section 337; IPC]
 Bribery [Section 171E; IPC]
 Public Nuisance [Section 290; IPC]
 Death by Rash or Negligent Act [Section 304A; IPC]
 
Q3. What do you mean by cognizable offence?
 
Ans. The punishment for each offence depends on the seriousness of the crime. Offences that are
punishable with not less than 3 years of imprisonment serious offences and are considered cognizable.
 
The CrPC, 1973 under Section 2(c ) states that An offense that is punishable with death,
imprisonment for life, or imprisonment for more than 3 years shall be cognizable.

Under crpc, cognizable offence is discussed under section 154. Section 2(c ) Of crpc defines it to be
and offense in which the police officer can arrest the convict without a warrant and can start
investigation without the due permission of the court. These are the offences that are usually very
serious and generally heinous in nature. For example: Rape, murder, kidnapping, dowry death etc. All
cognizable offences are non bailable due to there serious and heinous nature.

These are the offences in which the police can arrest the accused without a warrant. The police can
also begin an investigation without the permission of the code. The accused is arrested and produced
before the court at the stipulated time. According to section 154 of the crpc, a police officer is
required to register an fir in case of a cognizable offence.

Q4. What do you mean by investigation?

Ans. Meaning and definition

The term investigation has been defined in Section 2(h) Of the code of criminal procedure.
Investigation includes all the proceedings under this code for the collection of evidence conducted by
a police officer or by any person [other than a magistrate] who is authorised by a magistrate in this
behalf.

The Investigation of an offence consists of-

 1. Proceeding to the spot
2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include-
 Examination of persons concerned and reducing their statement to writing.
 Formation of opinion as to whether there is a case for trial and taking necessary steps
accordingly. Exit list
5. Formation of opinion as to whether there is a case for trial, and taking necessary steps
accordingly.

Q5. Define warrant case.

Ans. A warrant case is a case relating to an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding 2 years. Cases tried before a court of session are all warrant cases
except the cases of defamation tried under section 237. These cases being of relatively more serious
type the trial procedure prescribed is rather elaborate. The rest of the warrant cases r to be tried by
magistrates as shown in column 6 of the first schedule. The trial procedure prescribed in respect of
these offenses is contained in sections 238 to 250.

In other words, warrant case means a case relating to an offence punishable with death, imprisonment
for life, or imprisonment for a term exceeding 2 years. They are usually the cognizable offences
which are serious or grievous in nature and in which the police arrests Without warrant. More serious
among warrant cases are triable By a court of session while the remaining warrant cases are triable by
magistrates.

Chapter XIX [section 283- 243] of the code of criminal procedure prescribes different procedures by
dividing warrant cases triable by magistrates into 2 groups-
a. Warrant cases instituted on a police report [section 283- 243]
b. Warrant cases instituted otherwise than a police report [section 244- 247].

Q6. Difference between cognizable and non cognizable offence.

Ans. Difference between cognizable and non cognizable offence

 Cognizable offence is defined in section 2(c) of the Criminal Procedure Code,1973.

Non-cognizable offence is defined in Section 2(I) of Criminal Procedure Code,1973.

 Cognizable offences are those in which the investigating authority can arrest the accused
without an arrest warrant.
Non cognizable offences are those in which the investigating authority cannot arrest and
accused without an arrest warrant.

 Permission of court is not required in cognizable offences, investigation can be initiated as

soon as FIR is filed.
Permission of court is required In non cognizable offences, investigation can begin only after
the court issues an order.

 Cognizable offences are serious crimes.

Non cognizable offences are less serious.

 Examples of cognizable offence are: Murder, theft, kidnapping, etc.

Examples of non cognizable offences are: Assault, cheating, defamation, etc.

Q7. Discuss the powers of police to prevent cognizable offences.

Ans. Police to prevent cognizable offences

According to section 149 of crpc, every police officer is empowered to interpose and make his best
efforts in preventing a cognizable offence. A police officer is therefore granted a duty as well as and
authority at the same time. Cognizable offences are serious in nature like murder rape, dowry death,
kidnapping, etc.

Information of design to commit cognizable offences

According to section 150 of crpc, every police officer on receiving information of a potential design
to commit any cognizable offence, shall communicate such information to the officer whom he is
subordinate to, and to any other such officer who has the authority to deal with the prevention of
Commission of such cognizable offence.

Arrest to prevent the Commission of cognizable offences

According to section 151(1), Crpc, a police officer by knowing of or receiving a design that has a
potential to commit any cognizable offence may arrest such person so designing without a warrant or
the orders from magistrate, provided it appears to the police officer that the Commission of the
offence can’t be prevented by any other way.

Section 151(2), Crpc says that the person so arrested shall not be detained in custody for more than 24
hours from the time of his arrest unless his further detention is ordered by the magistrate.

Q8. Difference between reference and revision.

Ans.Difference between reference and revision

 Reference Is defined from section 395- 396 of the criminal procedure code.
Revision is defined from section 397- 402 of the criminal procedure code.

 Reference is made to the higher court on the points of the law.

Revision is made to both higher and lower courts on the already adjudicated matters.

 Reference occurs while the case is still pending in the court.

Revision begins under the final judgement or final order or final decision of the court.

 Reference is to consult the High Court on insolvency or invalid law, act, regulation or
ordinance related to the case at hand.
Revision is to review, change or amend any grammatical, clerical or arithmetic error by a trial
court or High Court.

 Reference is made by the trial court to the High Court.

Revision can be initiated by the trial code suo moto or the High Court.

Q9. Describe the procedure of trial before a court of session.

Ans. Initial steps in the trial

Initially, a magistrate takes cognizance of an offence and thereafter as per section 209, he will commit
the case to the court of sessions.
A magistrate is empowered under section 190 to take cognizance of an offence upon receiving a
complaint; upon a police report; upon information received from a person other than a police officer;
or upon his knowledge.
According to section 193, court of session cannot take cognizance of an offence directly but the court
of session is permitted to take cognizance of an offence without a case being committed to it if the
Magistrate commits the case to it or if it acts as a special court.

Under section 207 and section 208 the magistrate is required to supply copies of documents like FIR,
the statement recorded by the police or magistrate, etc to the accused. Under section 209, if it appears
to the magistrate that the offence is triable exclusively by the Court of Session, he may commit the
case to the court of session and send all the documents and records to it and either grant bail or
remand the accused into custody and shall also notify the public prosecutor. The procedure for trial
before a court of session is mentioned from section 225 to section 237. As per section 225, every trial
before a court of session is conducted by a public prosecutor.

Opening case for prosecution

When the magistrate commits a case under section 209 to the court of session and the accused appears
or is brought before the court, the prosecutor is required under section 226 to open his case by
explaining the charge against the accused and also states the evidence by which he will prove the guilt
of the accused.

At this stage, full details of the evidence need not be stated. The opening of the prosecution case must
only be to matters which are necessary to follow the evidence. It is not necessary for a public
prosecutor in opening the case for the prosecution to give full details of the evidence with which he
intends to prove his case.

Discharge

The court, on considering the documents and records of the case, and hearing the prosecution and the
accused on the matter, shall discharge the accused if the Judge thinks that there is no sufficient ground
to proceed against the accused. The Judge is required to record his reasons for discharging the accused
under section 227.

Framing of charge

Under section 228, the Judge after considering the records of the case and the documents submitted
along with it in evidence and hearing the prosecution and the defence, he thinks that there is a ground
to presume that the accused has committed the offence and is exclusively triable by the court of
session, he will frame a charge against the accused.

If the case is not exclusively triable by the court off session then the judge may frame a charge
against the accused and by order, transfer the case to the chief judicial magistrate or any other judicial
magistrate of first class. He shall direct the accused to the judicial magistrate to whom the case has
been transferred. The magistrate shall then try the case in accordance with the procedure led down for
the trial of the warrant cases instituted upon a police report.

If 2 views are possible regarding the guilt of the accused, then the one which is more favorable to the
accused has to be taken.

While framing charges, only the prima facie case has to be seen. At this stage, the judge is not
required to record a detailed order necessary to see whether the case is beyond reasonable doubt as
held by the Supreme Court in bhavna bai vs ghanshyam and ors.

Explaining the charge to the accused

Section 228(2) Says that when a case is exclusively triable by the court of session and the judge
frames a charge against the accused he has to read and explain the charge and ask the accused if he
wants to plead guilty or claims to be tried. The judge shall ensure that the charge read and explained
to the accused have been fully understood by him before he is asked to plead guilty. In Banwari v.
State of UP, The court held that default in reading out or explaining the charge to the accused would
not vitiate the trial unless it has been shown that non compliance with section 228 has resulted in
prejudice to the accused.

Conviction on plea of guilty

The accused may plead guilty under section 229 or he can refuse to plead. The code under section
229 has the discretion to accept the plea of guilt. This discretion has to be applied with care and not
arbitrarily. Also, the judge has to ensure that the plea has been made voluntarily and not under any
inducement otherwise it would be violated of the provisions of the constitution of India. Section 229
states that if an accused pleads guilty then the judge shall convict him as per his discretion and shall
record the same. The court cannot convict and accused on the basis of the plea of guilty where the
offence is of a nature in which the punishment is death or imprisonment for life. The right of appeal of
the accused is curtailed by section 375 if the accused is convicted on the basis of his plea of guilty.

Date for prosecution evidence

Under section 230, the judge will fix a date for the examination of witnesses if the accused has
refused to plead guilty or does not plead guilty, or if he claims to be tried or if he is not convicted
under section 229. On an application of the prosecution, the judge will issue a process for compelling
the attendance of witnesses or to produce any document or any other thing.

Evidence for prosecution

As provided by section 273, all the evidence must be taken in the presence of the accused or in his
absence in the presence of his pleader during the course of a trial or proceeding.

Examination of witnesses

When the date is so fixed [ as mentioned under section 230], the judge will proceed to take all the
evidence that may be produced by the prosecution in his support as per section 231. The judge has the
discretion to permit cross examination of any witness to be deferred until the other witness or
witnesses have been examined or recall any witness for further cross examination.

Section 137 of the Indian Evidence Act, 1872 states that the examination of a witness shall be done
by the party who calls him [ prosecution] and it shall be called examination- in- chief. The cross
examination of the witness is done by the adverse party [ defence]. The re- examination is done
subsequent to cross examination by the prosecution.

The examination- in- chief and cross examination should be connected to the relevant facts of
the case. However, the cross examination does not need to be restricted to the facts to which
the witness has testified in examination- in- chief. The re- examination shall be related to the
explanation of the matters referred to in the cross examination. If any new matter has arise in
the re- examination, the defence may further cross examine the witness upon that matter. The
objective behind re- examination is to offer the witness a chance to clarify any issues raised
during the cross examination and is therefore constrained only 2 those issues that were raised
during the cross examination.

The court observed in state of Kerala v. Rasheed That a balance must be struck between the
rights of the accused and the prerogative of the prosecution to lead the evidence while
deciding an application under section 231(2). The following factors must be considered-

 The possibility of undue influence,

  Threats,
 That non deferral would enable subsequent witnesses giving evidence on similar fact to tailor
their testimony to circumvent the defense strategy,
 Of loss of memory of the witness whose examination- in- chief has been completed.

Record of the evidence

According to section 276, the evidence of each witness in all trials before a court of session shall be
written down by the presiding judge himself or under his dictation or under his direction and
superintendence by the officer of the court appointed by the judge in this behalf. Such evidence is
usually taken down in a narrative form. The presiding judge may also write it down in question-
answer form as per his discretion. The evidence so taken down must be signed by the judge and form
a part of the record.

It has been provided under section 278(1) That when the evidence of each witness is complete, it
shall be read over in the presence of the accused or in his absence in the presence of his pleader and
shall if necessary be corrected. Also, as per section 279 if any evidence is given in a language that the
accused or his lawyer does not understand, it shall be interpreted to the accused or his lawyer in the
language understood by him.

Steps to follow the prosecution evidence

For procuring the evidence of the prosecution the following steps have to be followed as mentioned
below-

Oral arguments and memorandum of arguments on behalf of the prosecution

Under section 314 the prosecutor has to submit his oral arguments after the conclusion of prosecution
evidence and before any other steps in the proceedings are taken. It is also necessary to submit a
memorandum, in brief stating the arguments in his favour and a copy of that memorandum should be
given to the opposite party. Adjournment for filing of written argument shall only be given if the
code thinks it proper and record reasons for the same. The court will regulate and oral argument if it
thinks it is irrelevant or not concise. The prosecution argument at this stage helps the code to conduct
an examination of the opposite party and seeking his explanation on the issue raised by the
prosecution.

Explanation of the accused

Under section 33 the court may examine the accused after the evidence for the prosecution has been
taken. The object of this section is to give an opportunity to the accused of explaining any
circumstances that seem to appear against him. After the witness for the prosecution have been
examined and before the accused is called upon for his defence section 313(1)(b) requires the court to
question the accused person generally on the case for the purpose of enabling the accused personally
to explain any circumstances appearing in the evidence against him.

Hearing the parties

Section 232 gives an opportunity to both the prosecution and defense to address the code before
calling upon the accused to enter upon his defence and to adduce evidence in support of it. The
comments of the parties should be related to the evidence given by the prosecution and the
examination of the accused.

Order of the acquittal

 An accused may be acquitted if there is no evidence against him that he has committed the offence.
Under section 232 the judge will record an order of acquittal in favour of the accused if he thinks that
there is no evidence against the accused that he has committed the offence.

Steps to follow the defence evidence

As per section 233 when the accused is not convicted under section 232 he shall be called upon to
produce evidence he may have in his support. If the accused desires he can give evidence in his
defence in a written form and the judge shall file it with the record.

Court witnesses, if any

As per section 311, the court can at any stage of any inquiry, trial or other proceedings, summon and
examine any person as a court witness if his evidence appears to the court that it is essential for the
just decision of the case.

Arguments

Under section 234 the prosecution shall sum up his case and the accused or his pleader shall be
entitled to reply and if any point of law is raised by the accused or his pleader, the prosecution may
with due permission of the judge make his submission with regard to point of law. It is to be noted
that section 314 also talks about the arguments of the parties. However, section 234 provides that after
the evidence for the defence is concluded it is for the prosecution to sum up the case, and then the
defence will be entitled to reply. Section 234 is a special one regarding argument whereas section 314
is a general provision and therefore section 234 would prevail over section 314.

Judgment and connected matters

After hearing the arguments of the prosecution and defence the court will give judgment in a case. It
is the stage where the accused is either acquitted or convicted.

Judgment

As per section 235, a judge will pronounce a judgment of acquittal or conviction after hearing the
arguments of both the parties i.e, The prosecution and defence and on point of law [ if any]. However,
considering the character of the offender, the circumstances of the case and the nature of the offence,
the judge may as per section 360 decide to release the offender on probation of good conduct. If the
accused is acquitted, the acquittal will be done according to the procedure laid down under section
232 and if he is convicted he shall be dealt according to section 235.

Procedure to follow the order of conviction

After conviction the judge will hear the accused and then pass a sentence under section 235. The
judge while passing a sentence shall try to gather all information that influences or relates to the
sentence of the accused. The provisions of section 235(2) R mandatory and should be complied with
strictly as held by the court. The purpose of section 235 is to offer a chance to the accused to adduce
evidence of any mitigating circumstances in his favour. The accused should be explicitly asked with
respect to what he needs to state about his sentence and whether he wants to give any proof on his
side in order to mitigate his sentence.

Procedure in case of previous conviction

Section 236 talks about previous convictions. It says that if an accused is charged with a convicted
previously under section 211(7) And he does not admit that he has been previously convicted with the
alleged charge. The judge after convicting the accused under section 229 or Section 2 35 may call for
evidence of the accused of such previous conviction and shall record findings, in case the accused is
liable to enhance the punishment or punishment of a different kind. The provision to this section
mentions that such charge shall not be read out by the judge, nor shall the accused be asked to plead
nor shall the prosecution refer to such previous conviction.

Section 236 provides for a special procedure for determining liability to enhanced punishment as a
consequence of previous conviction. Also, prohibiting the proof of previous conviction to be given
until and unless the accused is convicted to prevent the accused from being prejudiced at the trial.

Q10. When bail may be taken in case of non-bailable offence? What do you mean by amount of
bond?

Ans. It depends upon the discretion of the court or the police officials that they may release the person
arrested for non-bailable offences until and unless there exists any reasonable grounds or
apprehension that person arrested has committed any crime and is not guilt of any criminal liabilities
which is punishable with life imprisonment or the death penalty.

When a person accused or suspected of the commission of an offence, known to be a non-bailable

offence, the court shall impose the conditions-

(i) That such person shall attend in accordance with the conditions of the bond executed
under this Chapter;
(ii) That such person shall not commit an offence similar to the offence of which he is
accused, or suspected, or the commission of which he is suspected; and
(iii) That such person shall not directly or indirectly make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the court or to any police officer or tamper with the evidence,
And may also impose, in the interest of justice, such other conditions as it considers necessary.

It will be seen that the conditions to be imposed must be such as are linked up with the preventing of
the escape of the accused or preventing repetition of the offence or otherwise required in the interests
of justice. However, a condition tantamount to refusing the bail will not be considered as a condition
authorised by law. Nor can a condition be imposed in derogation of any fundamental right of the
accused guaranteed under the constitution. A condition that the accused is to aid the police by
accompanying them to various placed for the recovery of stolen goods would be in clear derogation of
the right of the accused of not being a witness against himself, and as such would be invalid.

Amount of bond

Before any person is released on bail or released on his own bond, a bond for such some of money as
the police officer or court, as the case may be, thinks sufficient shall be executed by such person. This
sum of money to be paid is known as the amount of bond.

The amount of every bond shall be fixed with due regard to the circumstances of the case and shall
not be excessive. The high court or the court of session may direct that the bail required by a police
officer or magistrate be reduced.

The amount of bond which the court fixes should not be based merely on the nature of the charge. The
decision as regards the amount of the bond should be an individualized decision depending upon the
individual financial circumstances of the accused and the probability of his absconding. It should be
determined having regard to these relevant factors and should not be fixed mechanically according to
a schedule keyed to the nature of the charge.

Q11. What are the provisions of maintenance of wife and children in Cr.P.C.?
Ans. Order for maintenance of wives, children and parents

Section 125 of crpc deals with “ Order of maintenance of wives, children and parents”. In this section
it is given the name of parties who are entitled to get maintenance, essential ingredients to claim and
get maintenance and order of first class magistrate.

Who can claim and get maintenance?

Section 125 of crpc deals with order for maintenance of wives children and parents. According to
section 125(1), the following persons can claim and get maintenance-

 Wife from husband,

 Legitimate or illegitimate minor child from his father,
 Legitimate or illegitimate minor child [ physical or mental abnormality] from his father, and
 Father or mother from his son or daughter.

Wife

A wife can claim and get maintenance from her husband in the following conditions-

Add bullet
 She is divorced by her husband, or
 Obtained divorce from her husband, and
 She has not remarried, and
 She is not able to maintain herself
 Exit list

Note- Muslim wife can also claim maintenance under crpc though they have a separate act [ Muslim
Women Right Protection of Rights on Marriage Act) for them.

A wife cannot claim and get maintenance from her husband in the following conditions-

Add bullet
 Wife living in adultery, or
 Refuses to live with husband without any valid reasons, or
 Living separately by mutual consent.
 Exit list

Legitimate or illegitimate minor child

SON
Minor means a person who, under the provisions of Section 3 of the Indian majority act, 1875 is
deemed to have attained his majority that is, above the age of 18 years.

Minor son [ legitimate or illegitimate] is entitled to get maintenance under section 125 of crpc.

DAUGHTER
If minor daughter [ legitimate or illegitimate] is unmarried then she is entitled to get maintenance
from her father and if she is married then she is also entitled to get maintenance from his father but
the magistrate has to be satisfied that her husband has not essential and sufficient means for the
maintenance of his minor wife.

Legitimate or illegitimate abnormal child who has attained majority

 If any major child [ legitimate or illegitimate] is abnormal [mentally or physically unfit], then the
father of that child has to maintain him and he can claim maintenance on this ground of abnormality.

Father or mother

Add bullet
 Natural father and mother can claim maintenance.
 Mother includes adoptive mother, she can claim maintenance from adoptive son.
 Father can claim maintenance, it is a statutory obligation, this claim cannot be defeated by
pleading that the father failed to fulfil his parental obligation.
 A childless stepmother can claim maintenance.
 Exit list

Essential conditions for granting maintenance

There are some essential conditions which should be fulfilled for claiming and granting maintenance-

Add bullet
 Sufficient means for maintenance are available.
 Neglect or refusal to maintain after the demand for maintenance.
 The person claiming maintenance must be a neighbour to maintain himself or herself.
 Quantum of maintenance depends on the standard of living.

Sufficient means to maintain the person

If any person has sufficient means for maintenance, then it is his duty to maintain his wives, children
and parents. If sufficient means are not available, then it will be a perfect and valid defence for people
who are legally bound for maintenance of wife, children and parents.

Neglect or refusal to maintain

Any person neglects or refuses to maintain his wives, children and parents in malafide intention or in
any type of egoistic behaviour on the demand for maintenance by them.

The person who claims maintenance must be unable to maintain himself/herself

It is a very important condition for granting maintenance that a person who is claiming maintenance
must be unable to maintain himself/herself. For example- If a wife is earning well, then she can not
claim maintenance under this Section.

Special provision for maintenance of minor married girl

If the husband of a minor daughter does not have sufficient means to maintain her, then it is the duty
of her father to give maintenance. In these circumstances, married minor daughter is entitled to get
maintenance from the father.

Quantum of maintenance

Quantum of maintenance means the amount of maintenance. Quantum of maintenance depends on the
standard of living. For example- If any issues raised in a rich family, then demand for maintenance
will be more as compared to poor family according to their standard of living in a prior life.

In simple words, the Court should also make sure that whether maintenance granted is justified
according to the status of a family or not?
Jurisdiction of Magistrates to deal with maintenance proceedings

According to Section 125(1)(d), If any person neglects or refuses to maintain his wife, children or
parents, then a Magistrate of the First Class can order such person to make a monthly allowance for
the maintenance of his wife, children or parents, at such monthly rate as such Magistrate thinks fit,
and to pay the same to such person as the direction of magistrate.

If a minor female child is unmarried, then the magistrate can order to make such allowance, until she
attains her majority. In case a minor child is married and the magistrate is satisfied that the husband of
such minor female child is not possessed of sufficient means, then the magistrate can order father of
the minor female child to make such an allowance for maintenance.
When a proceeding is pending regarding monthly allowance for maintenance, the Magistrate can
order such person to make a monthly allowance for the interim maintenance of his wife, children or
parents and the expenses of such proceeding which the Magistrate considers reasonable.
An application for the monthly allowance for the interim maintenance and expenses of proceeding
should be disposed within sixty days from the date of the notice of the application to such person.

According to Section 125(2), If a court order for such allowance for maintenance or interim
maintenance and expenses of the proceeding, then it should be payable from the date of the order or if
so ordered, then it shall be payable from the date of application for maintenance and expenses of
proceedings.
According to Section 125(3), If any person fails to comply with the order without sufficient cause,
then Magistrate can order to issue a warrant for levying the amount with fines. If the person again
fails after the execution of the warrant, then the punishment of imprisonment for a term which may
extend to one month or until payment of sooner made is awarded.

Procedure for maintenance

Section 126 of Cr.PC deals with “Procedure for maintenance”. This Section says the following:

Proceeding under Section 125 may be taken in the following district:

1. Where he is, or
2. Where he or his wife resides, or
3. Where he last resided with his wife or mother of an illegitimate child.
Evidence to be taken in the presence of a person against whom maintenance is to be ordered.
If a person is wilfully avoiding summons, then ex-parte evidence is taken in that case.
Alteration in allowance

Alteration in allowance means an order to increase, decrease or remove/cancel the allowance which
was ordered by the Magistrate under Section 125.

According to Section 127(1), if a magistrate ordered to give allowance for maintenance under Section
125 according to the conditions of parties at that time, but if the present conditions of parties have
changed, then he can also order to alter the allowance. For example-

Husband had a well-settled job and means for maintenance, on this basis the Court has ordered him to
maintain his wife and to allowance under Section 125. But in the present condition, the husband has
no job and means for maintenance. Then, the Court can alter the allowance and can reduce the amount
of allowance.
If a wife was not having any job or she was unable to maintain herself and she got the order of
allowance under Section 125. But after some months, she is well settled and she has the means to
maintain herself. In this case, the Court can order to remove or cancel allowance.
According to Section 127(2), Magistrate shall cancel or revoke any order given under Section 125 by
him, if it appears that it should be cancelled in consequences of any decision of the competent Civil
Court. For example- If Magistrate has ordered to give allowance to wife after divorce but Civil Court
has ordered to live together. Then, Magistrate has to revoke his order which was given under Section
125.

According to Section 127(3), where an order has been made in favour of women under Section 125,
then the magistrate can cancel the order in the following case:

1. If a woman is remarried after divorce.

2. If a woman has taken allowance under any personal laws after divorce.
3. If a woman has voluntary leave her right to maintenance.
According to Section 127(4), the Civil Court shall take into account the sum which has been paid to
such person as monthly allowance for maintenance and interim maintenance under Section 125 at the
time of making any decree for the recovery of any maintenance or dowry.

Enforcement of order of maintenance

Section 128 deals with “Enforcement of order of maintenance”. According to this Section, the
following are the conditions for enforcement of the order of maintenance:

Copy of order under Section 125 is given to that person free of cost in whose favour it is made. In
case the order is in favour of children, then the copy of the order will be given to the guardian of
children.
If any Magistrate has made an order under Section 125, then any Magistrate of India can enforce this
order where that person lives who have to give maintenance.
The Magistrate has to satisfy two conditions before enforcement of order:
1. Identity of parties, and
2. Proof of non-payment of allowances.

Q12. Procedure for the examination of the complainant under section 200 of crpc.

Ans. Examination of the complainant

Section 200 of CrPC says that a Magistrate, who is authorised to take account of the offence took
place on a complaint, shall consider upon the oath presented by both complainant and witnesses if
there is any and later the material obtained from this examination shall be reduced to writing along
with the sign of the complainant and the witnesses and also of the Magistrate. According to the
definition provided in Section 2(d) of CrPC, a complaint can be in any of the forms both oral or
written. Nor does Section 200 or any other section require the complainant to present a written
complaint to the Magistrate personally. Therefore, the complaints sent to the Magistrate through posts
are valid and he can take action on such complaints also.

Whether the complaint is in the form of writing or oral, Section 200 of Crpc makes it legally
mandatory to be examined by the Magistrate on oath. The mere objective of such an examination of
the complaint presented to the Magistrate is to establish whether there is any direct or actual case
against the person who is being accused of the offence in the following complaint. Further, it aims to
restrict the issue of process on a complaint which is either false or inappropriate or may be intended
only to harass a person by accusing him of an offence.

The provisions provided under Section 200 are not a mere formality but instead made by the
legislature to protect and guard the accused person against the unwarranted complaints. These
provisions are not discretionary but mandatory to be performed by the Magistrate. In some cases, the
non-examination or improper examination of the complaint by the Magistrate has been considered
merely non-uniform and not “ineffective of the proceedings” in the absence of failure of justice
towards the accused. It is also considered that the non-examination of the complaint by the Magistrate
may cause harm to the complainant, not the person who has been accused by him. There is no need
for re-examination regarding the case ‘complaint by a public servant or court’ and ‘Magistrate
forwards the case to a different Magistrate under Section 192’.

Q13. Difference between investigation and inquiry.

Ans. Difference between Investigation and Inquiry

Object: The object of investigation is to collect the evidence related to the case, whereas the object of
inquiry is to determine the truth or falsity of certain facts related to the offence, in order to take a
further step.

Authority: An investigation is done by a Police Officer or by any person other than a Court or a
Magistrate, whereas inquiry must be done by a Magistrate or Court.

Stage: Investigation is the first stage of any case and the Magistrate further proceeds with an inquiry.

Commencement: Investigation commences after the FIR is lodged or a complaint is made before a
Magistrate, whereas Inquiry commences after the complaint has been filed to a Magistrate.

Q14. What do you mean by anticipatory bail?

Ans. Anticipatory bail means bail in anticipation of an arrest.

Any person who apprehends arrest under a non-bailable offence can apply to High Court or Court of
Sessions for Anticipatory Bail under the provisions of section 438 of CrPC.
It is basically bail before arrest, a person arrested cannot seek Anticipatory Bail, he would have to
move for a regular bail.
The words anticipatory bail is neither found in section 438 nor in its marginal note. In fact,
anticipatory bail is a misnomer.
When a court grants anticipatory bail, what it does is
to make an order that in the event of arrest, the person shall be released on bail.
Therefore, the said powers are exclusively vested with the Court of Sessions and High Courts.

Prerequisite condition
Prerequisite condition for considering the application for anticipatory bail is that
the offence must be non-bailable.
The applicant filing for the anticipatory bail shall have the reasonable apprehension of getting arrested
The Sessions Court or the Hon'ble High Court considering
 the nature and gravity of accusation,
 the antecedent of applicant,
 the possibility to flee from justice and
 whether the accusation has been made with object of injury or humiliating the applicant by
having him arrested may either reject the application or issue an interim order for the grant of
anticipatory bail.
When the respective court has not passed any interim order or has rejected the application then the
officer-in-charge of police station has right to arrest the accused without warrant.
The interim order along with the seven days notice must be served to the Public Prosecutor and
Superintendent of Police with a view to give them an opportunity for hearing on the application.
The presence of applicant seeking anticipatory bail shall be obligatory at the time of final hearing of
application and passing final order by the Court. But the Public Prosecutor must have to apply for the
same.

Section 438(2) of Cr.P.C. provides that, the High Court or the Sessions Court may also impose some
conditions while granting the application.
The conditions may be as follows:
that the persons shall make himself available for the interrogation by police officer as and when
required;
that the person shall not directly or indirectly make any inducement, threats or promise to any witness;
that a person shall not leave India without previous permission of the Court.

Q15. Define inquiry.

Ans. Inquiry is the process of seeking information from a person who might give some relevant
information about the matter in question. Inquiry is defined under Section 2(g) of the Code of
Criminal Procedure, 1973 referring to any inquiry other than trial under this code, conducted by a
Magistrate or a Court.

Inquiry under CrPC includes events and incidents relating to that offence, it also includes the people
related to the event and their knowledge about that incident or whatever they witness. Inquiry works
as an imperative pillar under CrPC, the main objective of inquiry is to extract valuable information
and such information that helps to prove whether the offence committed was criminal in nature. Every
inquiry under CrPC is a headstart that helps us to know the nature of the crime committed. If the
nature of the offence is criminal, then it further looks up to the people involved and processes them to
trial. Inquiry stands as a pillar because without it no one could actually ascertain what actually
happened at the incident. Inquiry plays an important role under the justice system is the situation of
not only India but worldwide. It is the foremost step while proceeding to a trial. Without inquiry, no
trial can be conducted as people related to the incident would not be found.

Q16. Define police report.

Ans. The Police Report is an oral and written record of acceptance of the facts and prosecutions as
described in the Code of Criminal Procedure 1973. The Police Officer shall send a report to the
Magistrate pursuant to subsection (2) of Section 173. The report referred to in Section 173 is a report
on the findings of the investigation carried out under Chapter XVI the commencement of proceedings
before Magistrates of the Police Report. The final report ends the evaluation process by means of a
formal action plan.

If there is no evidence or fairground for suspecting the move of the accused to the court, the
investigating authorities will submit the report to the magistrate. To release the accused from custody
on enforcement of an immunity bond as ordered by the police, to appear before a magistrate, if
necessary and authorised, to do so. The 41st Indian Law Commission Report advises that an offender
must have fair trials, attempts must be made to avoid a delay in the prosecution of trial and ensure
measures for the weaker parts of society.

When police officers are present at the site of an accident or another incident, a written report called
the police report sums up the facts and thoughts. In the case of incidents such as motor vehicle
collisions, the incident reports typically describe police response to residents. Police reports do not
come under the records of the judiciary, and so official documents are not necessary. Although the
right to a copy of a police report is involved in most jurisdictions, it is difficult to rely on the receipt
of police reports from others. Exact laws and procedures vary between jurisdictions.

Purpose of a Police Report

Police reports are used to prosecute a defendant at the beginning of a criminal case and to bring civil
proceedings against an individual. Police reports act as a factual summary of an incident in order to
investigate crimes, including on the form a case number or item number as indicated on or near the
top of the form. The case number starts with the year like “2019” or just “19” accompanied by a
unique number. In addition to what the investigating officer saw on the scene of an accident, the
content of police reports also explains what victims, offenders, and witnesses heard. It is also likely
that officers take photos, draw out sketches, and take distance measurements or objects attached to a
police report.

Q17. State the cases against which appeal cannot be filed.

Ans. There are certain circumstances under which no appeal shall lie. These provisions have been laid
down under section 265G, section 375, and section 376 of the crpc.

Section 265G:

Finality of judgement – judgement delivered under this section to be final and only special leave
petition under article 136 and writ petition under articles 226 & 227 allowed.

Section 375:
No appeal in certain cases where accused pleads guilty

Section 376:
No appeal in petty cases.

Q18. Difference between summon cases and warrant cases.

Ans. Difference Between Summon Case And Warrant Case

Point of Summon case Warrant case

difference
Punishment Less than 2 More than 2
tenure years years
Procedure Dealt with Dealt with
under Chapter under Chapter
XX of CrPC XIX of CrPC
from Section from Section
252 to 259. 238 to 250.
Charge Framing of Framing of
framing charges criminal charges
against the against accused
accused is not person is
necessarily to mandatorily to
be done. But, be done.
only the
particulars
must be
conveyed to
the accused.
Object It notifies the It brings the
accused accused person
person that he before the court,
is legally who has been
obliged to duly issued to
appear in the him.
court.
Content It instructs to In general, it
produce the authorizes a
relevant police officer to
documents bring the
 and others accused person
before the before the court.
court.
Discharge of • Absence of •Absence of the
the accused the complainant.
person, complainant. • If no charges
when? • On the death are framed.
of the • If the offence
complainant. is non-
cognizable and
compoundable.
Conversion A summon By no means, a
of case case can be warrant case
converted can be
into a warrant converted into a
case. summon case.

Q19. Rights of an arrested person.

Ans. Rights of an arrested person

1)Right to know the grounds of Arrest

 Section 50 of CrPC says that every police officer or any other person who is authorised to
arrest a person without a warrant should inform the arrested person about the offence for
which he is arrested and other grounds for such an arrest. It is the duty of the police officer
and he cannot refuse it.

 Section 50A of CrPC obligates a person making an arrest to inform of the arrest to any of his
friends or relative or any other person in his interest. The police officer should inform the
arrested person that he has a right to information about his arrest to the nominated person as
soon as he is put under custody.

 Section 55 of CrPC states that whenever a police officer has authorised his subordinate to
arrest any person without a warrant, the subordinate officer needs to notify the person arrested
of the substance of written order that is given, specifying the offence and other grounds of
arrest.

 Section 75 of CrPC says that the police officer(or any other officer) executing the warrant
should notify the substance to the person arrested and show him a warrant if it required.

 Article 22(1)of the Constitution of India also states that no police officer should arrest any
person without informing the ground of arrest.

2) Right to be produced before the Magistrate without unnecessary delay

 Section 55 of CrPC states that a police officer making an arrest without a warrant should
produce the arrested person without unnecessary delay before the Magistrate having
jurisdiction or a police officer in charge of the police station, subject to the conditions of the
arrest.

 Section 76 of CrPC states that the police officer executing a warrant of arrest should produce
the arrested person before the court before which he is required by law to produce the person.
It states that the person should be produced within 24 hours of arrest. While calculating the
 time period of 24 hours, it must exclude the time which is required for the journey from the
place of detaining to the Magistrate Court.

 Article 22(2) of the Constitution states that the police officer making an arrest should be
produced before the Magistrate within 24 hours of arrest. If the police officer fails to produce
before Magistrate within 24 hours, he will be liable for wrongful detention.

3) Rights to be released on Bail

Subsection(2) of Section 50 of CrPC states that when a police officer arrests any person without a
warrant for an offence other than non-cognizable offence; he shall inform him that he has a right to
release on bail and to make an arrangement for the sureties on his behalf.

4) Rights to a fair trial

Any provision related to the right to a fair trial is not given in CrPC, but such rights can be derived
from the Constitution and the various judgements.

Article 14 of the Constitution of states that ”all persons are equal before the law”. It means that all the
parties to the dispute should be given equal treatment. The principle of natural justice should be
considered in respect of both the parties. Right to a speedy trial is recognized in the case Huissainara
khatoon vs Home Secretary, State of Bihar [4], the court held- “the trial is to be disposed of as
expeditiously as possible”.

5) Right to consult a lawyer

 Section 41D of CrPC states the right of the prisoners to consult his lawyer during
interrogation.

 Article 22(1) of the constitution states that the arrested person has a right to appoint a lawyer
and be defended by the pleader of his choice.

 Section 303 of CrPC states that when a person is alleged to have committed an offence before
the criminal court or against whom proceedings have been initiated, has a right to be defended
by a legal practitioner of his choice.

6) Right to free Legal Aid

Section 304 of CrPC states that when a trial is conducted before the Court of Session, and the accused
is not represented by the legal practitioner, or when it appears that the accused has no sufficient means
to appoint a pleader then, the court may appoint a pleader for his defence at the expense of the State.
Article 39A obligates a state to provide free legal aid for the purpose of securing justice. This right
has also been explicitly given in the case of Khatri (II) VS State of Bihar [5]. The court held that “to
provide free legal aid to the indigent accused person”. It is also given at the time when the accused is
produced before the Magistrate for the first time along with time commences. The right of the accused
person cannot be denied even when the accused fails to apply for it. If the state fails to provide legal
aid to the indigent accused person, then it will vitiate the whole trial as void. In the case of Sukh Das
vs Union Territory of Arunachal Pradesh [6], the court held:- “The right of indigent accused cannot be
denied even when the accused fails to apply for it”. If the state fails to provide legal aid to the indigent
accused person it will vitiate the whole trial as void.

7) Right to keep silence

Right to keep silence is not recognized in any law but it can derive its authority from CrPC and the
Indian Evidence Act. This right is mainly related to the statement and confession made in the court.
Whenever a confession or a statement is made in the court, it is the duty of the Magistrate to find, that
such a statement or the confession was made voluntarily or not. No arrested person can be compelled
to speak anything in the court.
Article 20 (2) states that no person can be compelled to be a witness against himself. This is the
principle of self- incrimination.

8) Right to be Examined by the medical practitioner

Section 54 of CrPC states that when the arrested person alleges that examination of his body will lead
to a fact which will disapprove the fact of commission of an offence by him, or which will lead to
commission of an offence by any other person against his body, the court may order for medical
examination of such accused person at the request of him (accused) unless the court is satisfied that
such a request is made for the purpose of defeating the justice.

Other Rights

 Section 55A of CrPC states that it shall be the duty of the person, under whose custody the
arrested person is to take reasonable care of the health and safety of the accused.
The arrested person is to be protected from cruel and inhuman treatment.

 Section 358 of CrPC gives rights to the compensation to the arrested person who was
groundlessly arrested.

 Section 41A of CrPC states that the police officer may give the notice to a person suspected
of committing a cognizable offence to appear before him at such date and place.

 Section 46 of CrPC prescribes the mode of the arrest. i.e submission to custody, touching the
body physically, or to a body. The police officer should not cause death to the person while
making an arrest unless the arrestee is charged with an offence punishable with death or life
imprisonment.

 Section 49 of CrPC states that the police officer should not make more restrained than in
necessary for the escape. Restrain or detention without an arrest is illegal.

In spite of various efforts in protecting the accused from the torture and inhuman treatment, there are
still instances of custodial deaths and the police atrocities. So, the Supreme court issued 9 guidelines
for the protection of accused person and the amendment of various sections of CrPC:-

 Section 41B– The police officer who is making an investigation must bear visible, clear and
accurate badge in which the name of the police officer along with his designation is clearly
mentioned.
The police officer making an arrest must prepare a cash memo containing a date and time of arrest
which should be attested by at least one members who can be his family member or any respectable
person of a locality. The cash memo should be countersigned by the arrested person.

 Section 41D:- The arrested person is entitled to have a right to have one friend, or relative or
any other person who is having interest in him informed about his arrest.

 The arrestee must be informed about his right to have someone informed about his right
immediately when he is put under the custody or is being detained.
  Entry is to be made in the diary which shall disclose the information relating to the arrested
person and it shall also include the name of the next friend to whom information regarding the
arrest is made. It also includes the name and the particulars of the police officers under whose
custody the arrestee is. An examination is to be conducted at the request of the arrestee and
the major and minor injuries if any found on the body must be recorded. The inspection
memo must be signed by the police officials and the arrested person.

 The arrestee has the right to meet his lawyer during and throughout the interrogation.

 Copies of all documentation are to be sent to Magistrate for his record. It also includes a
memo of the arrest

 Section 41C:- The court ordered for the establishment of state and district headquarters, the
police control room where the police officer making an arrest shall inform within 12 hours of
arrest and it needs to be displayed on the conspicuous board.

Yoginder Singh vs State of Punjab [9]. The Court held that for the enforcement of Article 21 and
22(1) it is necessary that:-

The arrestee has the right to have informed about his arrest to any of its friends, relative or any other
person in his interest.
The police officer should aware of the arrestee about his right immediately when he is brought under
the custody.
The entry must be made in a diary regarding the name of the person who has been informed about the
arrest.

Q20. Describe constitution, powers and jurisdiction of different criminal courts under crpc.

Ans. Constitution of Criminal Courts in India

 The Sessions Judge– Section 9 of the CrPc talks about the establishment of the Sessions
Court. The State Government establishes the Sessions Court which has to be presided by a
Judge appointed by the High Court. The High Court appoints Additional as well as Assistant
Sessions Judges. The Court of Sessions ordinarily sits at such place or places as ordered by
the High Court. But in any particular case, if the Court of Session is of the opinion that it will
have to cater to the convenience of the parties and witnesses, it shall preside its sittings at any
other place, after the consent of the prosecution and the accused. According to section 10 of
the CrPC, the assistant sessions judges are answerable to the sessions judge.

 The Additional/ Assistant Sessions Judge- These are appointed by the High Court of a
particular state. They are responsible for cases relating to murders, theft, dacoity, pick-
pocketing and other such cases in case of absence of the Sessions Judge.

 The Judicial Magistrate– In every district, which is not a metropolitan area, there shall be as
many as Judicial Magistrates of first class and of second class. The presiding officers shall be
appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions
Judge.

 Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate of the
first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of
First Class may be designated as Additional Chief Judicial Magistrate.

 Metropolitan Magistrate- They are established in Metropolitan areas. The High Courts have
the power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed as
 the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the
instructions of the Sessions Judge.

 Executive Magistrate- According to section 20 in every district and in every metropolitan

area, an Executive Magistrate shall be appointed by the State Government and one of them
becomes District Magistrate.

Powers of Criminal Courts

1. The Apex Court

The Supreme Court is the ultimate court, at the top of the Judicial system. It has the supreme judicial
authority in our country.

 Federal Court– Article 131 gives the power of original jurisdiction to the Supreme Court, to
resolve the dispute arising between the Centre and the States or between two States.

 Interpretation of the Constitution- Only the Apex Court has the power to settle a question
based on any issue related to the Constitution.

 Power Of Judicial Review (Article 137)- All the laws enacted are subjected to scrutiny by the
Judiciary.

 Court of Appeal – The apex court is the highest court for appeal in India. It has the power to
hear appeals from all the cases lying in the various High Courts and subordinate courts of our
country. A certificate of the grant is to be provided according to Article 132(1), 133(1) and
134 of the Constitution with respect to any judgment, decree or final order of all cases of the
High Court involving the question of law. Appeals to the Supreme Court can be made under
the following categories:-
(i) Constitutional Matters
(ii) Civil Matters
(iii) Criminal Matters
(iv) Special Leave Petition

2. The High Courts

 Original Jurisdiction – In some issues, the case can be directly filed in the High Courts. This
is known as the original jurisdiction of the High Court. E.g., In matters related to fundamental
rights, Marriage and Divorce cases.

 Appellate Jurisdiction- The High Court is the Appellate Court for the cases coming up from
the trial court.

 Supervisory Jurisdiction- This refers to the power of general superintendence of the High
Court over the matters of all the subordinate courts.

 The powers of the various courts have been highlighted in the Constitution of India. Apart
from these courts, the power and functions of the subordinate criminal courts have been
provided under the Code Of Criminal Procedure, 1973, as mentioned under section 6.

 Court of Session
 First Class Judicial Magistrate and, a metropolitan magistrate in any metropolitan area
 Second Class Judicial Magistrate
 Executive Magistrates
The power of the various subordinate courts is mentioned from section 26-35, under the Code of
Criminal Procedure, which has been described below.

Section 26 mentions the list of Courts which are eligible to try offences – According to Section 26,
any offence mentioned under the Indian Penal Code may be tried by:

 the High Court

 the Court of Session
 any other Court as specified in the First Schedule of the Code of Criminal Procedure

Although it has to be ensured that any offence committed under section 376, section 376A, section
376B, section 376C, section 376D and also section 376E of the Indian Penal Code, be tried by a
woman judge.

3. The Sessions Court

The State Government establishes the Sessions Court which has to be presided by a Judge appointed
by the High Court. The High Court appoints Additional as well as Assistant Sessions Judges. The
Court of Sessions ordinarily sits at such place or places as ordered by the High Court.

4. The Magistrate Court

The Magistrate judges are usually appointed by the High Court.

 The jurisdiction in case of Juveniles (Section 27)– Any person who is below the age of
sixteen years, who is a juvenile is exempted from the death penalty and punishment for
imprisonment for life. The Chief Judicial Magistrate, or any other Court specially empowered
under the Children Act, 1960 (60 of 1960) or any other law for the time being in force which
provides for the treatment, training and rehabilitation of youthful offenders, are eligible for
trying such cases.

Miscellaneous Powers

 Mode of Conferring Powers – Section 32 states that the High Court or the State Governments
have the power by virtue of an order to empower people by their titles.

 Withdrawal of Powers- According to Section 33, the High Court or the State Government,
have the power to withdraw the powers conferred by them under this code.

 Powers of Judges and Magistrate exercisable by their successors-in-office- According to

Section 35, subject to the other provisions of this Code, the powers and duties of a Judge or
Magistrate may be exercised or performed by their successors-in-chief.

Q21. Explain the procedure to be followed by a police officer in a cognizable offence after
receiving the information.

Ans. Section 154- Information in Cognizable Cases

Any information given to the police officer in charge of the police station in the case of a Cognizable
Offence, is written by him or under his direction in the FIR Register. The information given can be
oral or written, and shall be signed by the person giving it.
A copy of that information is given to the informant free of cost.
This information can be given to the nearest police station. It's not necessary that we can only give
this information to the police station under which the crime has been committed.
The police will have to note the information no matter under which police station the crime has been
committed.
This type of FIR is called Zero F.I.R.
The police notes the information and sends it to the police station of that area.
 The section also provides that if the crime has been committed against a woman then such
information shall be recorded by a woman police officer or any woman officer. And if the
victim is temporarily or permanently mentally or physically disabled then the information
shall be recorded by the police officer at a convenient place for the victim as their choice. An
interpreter or a special educator is also present.

 That information should be video-graphed.

 Any person who was resented by the refusal of police officer from lodging the FIR may send
this information in writing and by post to the Superintendent of Police and if he is satisfied
that the information discloses the case as cognizable offence, he shall investigate the case
himself or he would delegate any police officer subordinate to investigate the case. And such
officer shall have all the powers of an officer in charge of the police station in relation to that
offence.

Section-156 Police Officer's powers to investigate cognizable case

The police officer in charge of the police station can investigate a cognizable case without the Magistrate's
order.

The police can also investigate the case without any formal FIR in case of a cognizable offence.
Even if the offence is committed outside the local limit of the police station, the police officer can
investigate it

 An Executive Magistrate cannot give order to the police officer to investigate.

If the police officer is investigating a case, then the magistrate cannot give orders to stop the
investigation. And if the officer is not investigating then the magistrate can give orders to start the
investigation.

Any proceeding done by the police officer cannot be questioned at any stage on the ground that the police
officer is not empowered to investigate in such case.
Any Magistrate empowered under section 190, can give order to start the investigation without taking
cognizance of the offence.

Section 157- Procedure for investigation

Upon information or otherwise, if the officer in charge of the police station has reason to suspect the
commission of an cognizable offence which he is empowered to investigate under section 156, he shall
forthwith send a FIR Report to the Magistrate empowered to take cognizance of the case, and shall proceed
in person or delegate one of his subordinate officers not being below such rank as prescribed by the state
government to investigate the facts and circumstances of the case and if necessary, to take measures for the
discovery and arrest of the offender.

Provided that,
If the officer in charge gets the information of the commission of such offence given against any person by
name and the case is not of serious nature then he need not proceed the case by himself or depute a
subordinate to proceed with the investigation.
And if the officer in charge has reason to believe that he has no sufficient grounds for entering in on an
investigation the he shall not investigate the case. 

If the investigation is in the case of a rape, then the recording of statement of the victim shall be recorded
by a woman police officer and shall be conducted at a convenient place for the victim as their choice, in
the presence of her parents or guardian or near relatives or social worker of the locality.
If the officer in charge of the case has decided not to investigate the case or not to order his subordinate to
investigate the case then he has to provide a report with reasons for on which grounds he is not
investigating or ordering to investigate the case.

And with this, he also has to notify the informant who reported the offence with the reasons to not
investigate the case or to not order to investigate the case.

Section 158- Report how submitted

Every report under Section 157 shall be sent to the Magistrate by a Superior Police officer appointed by
the State Government.
Before forwarding the report to the Magistrate, such Superior Officer may give any instructions to the
officer in charge regarding the investigation of the case as he thinks fit. And after such instructions has
been recorded in the report, the superior officer may transit the report same day without any delay to the
Magistrate.

Section 159- Power to hold investigation or preliminary inquiry

After receiving such report, the magistrate may direct an investigation or give orders to any magistrate
subordinate as he thinks fit to proceed the investigation, to hold a preliminary inquiry into the case as
provided in the code.

Section 160- Police officer's power to require attendance of witnesses

1. Any police officer making an investigation, may order in writing to require the attendance of the
witness before himself being within the limits of his own or any adjoining station who is
acquainted with the facts and circumstances of the case.
Provided that, if the witness is under the age of 15 or more than 56 years or a woman or a mentally
or physically disabled person, then such witness is required to attend the place where they reside.

If there is a witness without the conditions mentioned above, he is required to attend at any place
as the police officer ordered.
 
2. The State Government may provide for the payment by the police officer of the reasonable
expenses of every person attending under sub section (1) at any place other than his residence.
 

Section 161-Examination of witnesses by police

Any police officer or investigating officer may examine the witness orally who is acquainted with the facts
and circumstances of the case.
The witness is bound to answer every question asked by the officer, other than the questions which may
expose him to a criminal charge or to a penalty or forfeiture.
The police may reduce the statement in writing taken in the examination and make a separate true record of
the statement of each witness he examines.

Provided that the statement may also be recorded through audio-video electronic means. 

Section 162-Statements to police not to be signed- Use of statements in evidence

Any Statement made by the witness, which is reduced in writing by the police officer shall not be signed
by the witness. And such statement, or any record in the police diary, or part of such statement or record
cannot be used for any purpose in the inquiry or trial of the offence under investigation at the time when
the statement was made.

Such statement can only be used to cross examine the witness as provided by section 145 of the Indian
Evidence Act, 1872, section 27 of the Indian Evidence Act and clause (1) of section 32 of that act.

The accused can use such statement as evidence under above mentioned sections of the Indian Evidence
Act, with the permission of the court, and the prosecution may use the statement when it is sufficiently
proved.
Section 163- No inducement to be offered
No police officer or any other person in authority can induce the witness to give statement by threatening
or promising him as mentioned in section 24 of the Indian Evidence Act.
But if the witness wants to give any statement on their own will, then no police officer can prevent him
from making the statement.

Section 164-Recording of confessions and statement

Any confession or statement can be recorded by any Metropolitan Magistrate or Judicial Magistrate
whether or not they has jurisdiction in the case. The confession can be recorded during the investigation or
afterwards before the commencement of the inquiry or trial

The word 'Confession' has neither been defined in Cr.P.C. nor the Indian Evidence Act. But there
provisions in the Indian Evidence Act from section 24-30 related to Confession.

The confession can be recorded through audio-video electronic means in the presence of the accused
person's advocate.

The confession cannot be recorded by the police officer who has given the powers of a Magistrate.

Before recording any confession, the Magistrate has to inform the person that he is not bound to make a
confession and that confession can be used against him. The Magistrate shall not record any confession if
he has a reason to believe that it's not voluntary.

Section 281 of Cr.P.C. provides the manner in which the accused person's confession is recorded, the
confession shall be signed by the person making the confession, and the Magistrate shall make a
memorandum at the foot of such record to the following effect:

"I have explained to (name) that he is not bound to make a confession and that, if he does so, any
confession he may make may be used as evidence against him and I believe that this confession was
voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and
admitted by him to be correct, and it contains a full and true account of statement made by him.
(Signed) A.B.
Magistrate"

Section 164A- Medical examination of the victim of rape

When the offence of committing rape or attempt to commit rape is under investigation, it is proposed that
the woman who is a rape victim or with whom attempt of rape has been committed should be examined by
a medical practitioner employed in the government hospital or local authority. And in absence of such
practitioner by any other registered medical practitioner. The examination should be done with the consent
of the victim, or any person who is competent to give the consent on her behalf. And she shall be sent to
the practitioner within twenty-four hours from the time of receiving the information of commission of such
offence.

When the woman is sent to the registered medical practitioner, he shall examine her person without any
delay and also prepare a report of his examination of the following particulars:

1. The name and address of the woman and of the person by whom she was brought
2. The age of the woman
3. The description of material taken from the person of the woman for DNA profiling
4. Marks or injury, if any, on the person of the woman
5. General mental condition of the woman, and
6. Other material particulars in reasonable details.

The report should also give reasons for each conclusion of every examination.
The report should also include the consent given by the woman or by someone who is competent to give
the consent on behalf of the victim.
And also include the time of the commencement and completion of the medical examination.

The registered medical practitioner shall forward the report to the investigating officer without any delay
and the investigating officer shall send it to the Magistrate.

If the medical examination is done without the consent of the victim then it will be considered as Illegal.

Section 165-Search by police officer

If the investigating officer has reasonable grounds to believe that anything necessary for the purpose of
investigation of the case he is assigned to may be found in any place within the limits of the police station
if which he is in charge, and such thing should be obtained without any delay, then the officer should write
and specify his reasons of belief in the record and also the thing for which search should be made.

The police officer shall do the search by himself and if he is unable to do so and there is not any other
person competent to do the search, then he can write his reasons and require any subordinate officer to do
the search. And also specify the place to be searched.

The object of the search is that if there is any object that is necessary for the case and the investigation, and
if the object is not found then it will be difficult to solve or understand the case.
The general provisions in section 100 of Cr.P.C. may apply to the search being made in this section.

Copies of the record shall be sent to the nearest Magistrate who is empowered to take cognizance of the
case and to the owner free of cost.

Section 166-When officer in charge of police station may require another to issue search warrant
In this section, the officer in charge of the police station or the police officer who is doing the investigation
and who is not below the rank of sub-inspector can require an officer in charge of any other police station
or even any other district to make the search within the limits of his own station.
Such officer will have to follow the provisions in section 165 relating to the search and forwarding the
object found to the officer who made the search request.

If the officer in charge has a reason to believe that delay in search might result in concealment or
destruction of the evidence, then that officer in charge may proceed the officer who was required for the
search and that officer in charge may do the search as if that place were within the limits of his own police
station.

The officer in charge who's making the search in another officer's local limits shall send him a notice of the
search before proceeding.
And shall also give a notice to the owner of the place that's going to be searched.

Section 167-Procedure when the investigation cannot be completed in twenty-four hours

If any arrested person is in custody and it seems like that the investigation will take more than 24 hours
and the investigating officer believes that the accusation or information is right then the investigating
officer or the officer in charge of the police station may transmit the arrested person and copy of the entries
in the diary to a Judicial Magistrate if he's not below the rank of sub-inspector.

It doesn't matter if such Magistrate does or doesn't have the jurisdiction of the case, he can keep the
accused in custody as he thinks fit but not exceeding 15 days. But if such magistrate doesn't have the
jurisdiction and he considers further detention unnecessary then he may order the accused person to be
forwarded to a Magistrate having jurisdiction of the case.

Such magistrate can detain the accused for more than 15 days but he will not be in police custody, and if
the magistrate is satisfied that adequate grounds exist for doing so then he can keep the person in detention
for 90 days if the investigation is related to an offence punishable with death, imprisonment for life or
imprisonment for a term not less than 10 years, and 60 days if the investigation is in relation to any other
offence. And the accused person may get bail after the period of 90 or 60 days.
And if the police wants to keep the accused in their custody then they will have to produce the accused
before the magistrate. And whenever the police needs further detention they will have to produce the
accused before the magistrate.

The Judicial Magistrate of second class who is not empowered in this behalf by high court shall not
authorise detention in police custody.

Section 168-Report of investigation by subordinate police officer

If any subordinate police officer makes the investigation then he has to report the result of investigation to
the officer in charge of the police station.

Section 169- Released of accused when evidence deficient

Under this section, if the officer in charge finds no sufficient evidence or reasonable ground of suspicion to
forward the accused to the Magistrate then such accused person shall be released from the custody on his
executing bonds.

Section 170-Cases to be sent to Magistrate when evidence is sufficient

If it appears to the officer in charge of the police station that there is sufficient evidence or reasonable
grounds against the accused, the he shall forward the accused to the Magistrate to take cognizance on the
case upon a police report and to try the accused or commit him for trial.

Section 171-Complainant and witnesses not to be required to accompany police officer and not to be
subject to restraint
If any complainant or witness is on their way to court to secure their presence then they aren't required to
follow any police officer and the police officer may also not force the witness without any valid reason.

In case of the complainant or witness refuses to attend or to execute the bond then he will be forwarded to
the Magistrate and will be kept in custody until he executes such bond or until the hearing of the case is
completed.

Section 172-Diary of proceedings in investigation

Every police officer who is making the investigating shall enter all the information and proceedings
regarding the investigation in a diary, and it should also include the time at which he began and closed the
investigation, the places he visited, statement of the circumstances ascertained through his investigation
and statements of witnesses recorded during the investigation.

The case diary cannot be used as evidence but can be used to get any information regarding the case in
trials. Neither accused nor the prosecution can use the case diary as evidence. But if the police officer uses
the case diary to refresh his memory then it will be done under section 161 of the Indian Evidence Act.

Section 173-Report of police officer on completion of investigation

Every investigation taking place under this chapter shall be completed without unnecessary delay.

This concept is 'Speedy Justice'.

As soon as the investigation is completed, the charge sheet shall be sent to the magistrate who is
empowered to take cognizance of the case, by the police officer.

If there is a superior officer appointed for the investigation then he shall forward the report to the
magistrate.
Superior police officer is given the power to give orders regarding further investigation pending the orders
of magistrate.

Magistrate can give order to investigation even without taking cognizance of the case when the police
officer is not investigating the case appropriately. (Under section 156(3))
If it appears to the magistrate that the accused is released on bond and he shall be again taken in custody
then the magistrate can give order to discharge the bond or any other instruction as he finds appropriate.

With the report that is being forwarded to the magistrate, there are some other documents which also must
be forwarded by the investigating officer.
Including the documents or relevant extracts which are related to section 170.
Also the statements of witnesses recorded under 161.

If it appears to the police officer that there are some documents which aren't necessary or relevant to be
given to the accused the he shall append a note requesting the magistrate to exclude all that part and also
should state the reasons.

If the report has already been forwarded to the magistrate but then the officer in charge obtains more
evidence, oral or documentary, then he shall forward this to the magistrate and investigation can be done
again regarding the same case.

Section 174-Police to inquire and report in suicide, etc.

If officer in charge of the police station or some other police officer who is empowered by the state
government gets any information that a person has committed suicide, or has been killed by another or by
an animal or by machinery or by accident or has died under some circumstances that raise suspicion that
some other person has committed the offence, then he shall proceed with the investigation but before he
shall inform nearest executive magistrate for the investigation.

He shall proceed to the place where the body of deceased person is and will make the investigation in the
presence of two or more neighbourhood inhabitants. And draw up a report of the apparent cause of death.
Such as in what manner the person died, or by what weapon and search for any marks.

After the investigation such report shall be forwarded to the district magistrate or the sub-divisional
magistrate.

Section 175-Power to summon persons

If the police officer thinks that there is a person who can give a statement regarding the investigation in
section 174, then such person shall get a summon order by the police officer and he will be required in
court.

Section 176-Inquiry by Magistrate into cause of death

In the case of unnatural death, the magistrate also has the power to do inquiry in the case of section 174.

In the case where any person dies or disappears or rape is alleged to have been committed on any woman,
while such person or woman is in the custody of police or any other custody, with this the judicial
magistrate and the metropolitan magistrate are given power to do inquiry if they have the jurisdiction of
that case.

All the evidence obtained in the inquiry shall be recorded by the magistrate.

During the investigation, if the magistrate or the investigating officer considers that examination of the
deceased person is necessary, and it may discover the reason of his death, then the magistrate may cause
the body to be examined.

The magistrate shall inform the relatives of the deceased person during the inquiry.

If the case is related to disappearance, death or rape then the judicial magistrate or executive magistrate or
the metropolitan magistrate considers that the dead body should be examined to find the cause of death,
then the dead body will be examined by the qualified medical examiner or nearest civil surgeon. And if the
magistrate considers that it is not necessary then they will not do the examination.