CONTENTS

TITLE PAGE
NO.
Acknowledgement
List of Cases i-xlviii

CHAPTER 1 : INTRODUCTION 1-61

1. Definition of Crime 3
1.1 All Wrongs are not Crimes 6
1.2 No Crime Where an Act isJustified by 7
Law
1.3 Crime Without Intention 8
1.4 No Crime Without Capacity 9
1.5 Insanity as a Defense 14
2 The Concept of Crime 19
2.1 No Crime Where an Act isJustified by 19
Law
2.2 General Principles of Criminal Law 22
3. Classification of Crimes 24
3.1 Organised Crime 25
3.2 White-Collar Crime 26
3.3 Corporate Crime 27
3.4 Corporate Crime 28
4. Measurement of Crime 29
5. Analysis of Crime 33
6. Theories of Causation 35
6.1 Biological Theories 35
6.2 Sociological Theories 36
6.3 Psychological Theories 38
6.4 A Non-Western Perspective 38
CHAPTER 2 : HISTORICAL BACKGROUND OF THE 62 -156
CRIMINAL JUSTICE SYSTEM
1. Traditional Crime In India 62
2. Evolution of the Police in India 86

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 3. Criminal Law in United Kingdom 106
3.1 Elements of Criminal Responsibility 117
3.2 Jurisdiction 121
3.3 Punishment 124
3.4 Tribunals 127
3.5 Procedure 129
3.6 Summary Trials 130
3.7 Trials at Quarter Sessions and Assizes 131
3.8 The Grand Jury 132
3.9 Trial by Jury 134
3.10 Appeal After Trial by Jury 134
3.11 Costs 135
3.12 Characteristics of English Criminal Law 136
3.13 Northern Ireland and Scotland 137
3.14 Codification 138
4. Criminal Law In United States 141
4.1 Fixing Responsibility 143
4.2 Combinations of Persons in Crime 147
4.4 Punishment 148
4.5 Jurisdiction and Venue 149
4.6 Procedure 151
4.7 Trial by Jury 152
CHAPTER 3 : OBJECTIVES OF THE INVESTIGATION AND 157-392
CRIMINAL TRIAL
1. Object of Criminal Trial 169
2. Basic Principles of Interpretationas to Criminal 174
Trial and Penal Statutes
3. Concept of Fair and Speedy Trial 183
4. Determination of Civil or Criminal Liability 203
5. Judicial Restraint 208
6. The Art of Interrogation 211
6.1 Importance of Interrogation 214
6.2 Basic Principles of Interrogation 215
6.3 Types of Police Interrogations 216
6.4 Kinds of Interrogates 217
6.5 Type of Interrogation 218
6.6 Legal Aspects of Interrogation 219

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7. Salient Features of Investigation 225
7.1 Meaning of Investigation 228
7.2 Division of Offences into Cognizable 234
and Non-Cognizable Offences
7.3 Effect of Investigation Conducted by a 236
Police Officer in a Non-Cognizable
Offence
7.4 Who to Start Investigation 239
7.5 When to Start Investigation 240
7.6 When Court can Interfere in 242
Investigation
7.7 Can a Magistrate on Receiving A 247
Complaint, Order for Registration of
Case and Investigation
7.8 FIR Cannot Be Quashed Under Inherent 251
Power
7.9 Circumstances in which Investigation 261
may be Quashed
7.10 Report of Investigation by Subordinate 263
Police Officer
7.11 Distinction Between Investigation and 264
Inquiry
7.12 FIR not Being a Substantive Evidence - 265
Effect
7.13 Investigation When cannot be Completed 268
within 24 hours-Procedure
7.14 Police Can Make Further Investigation 270
Even After Cognizance is Taken
7.15 Prolonged Delay in Investigation is 275
Violative of Article 21 of Constitution
7.16 Effect of Omissions, Illigilities and 288
Irregularities in Investigation
8. Power of The Magistrate Under Section 156(3) 305
8.1 Scope of Magistrate’s Power Under 309
Section 156(3)
8.2 Comparison of The Provisions of 316
Sections 154 (3) and 156(3)
8.3 Can the Police re-open investigation 317
after the report under Section 173
Criminal Procedure Code in challaning

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 the accused

8.4 Is the Police Empowered to Investigate, 319

Arrest and Finally Send a Charge Sheet
on Orders under Section 202 Criminal
Procedure Code for Report or is it
Merely to Report
8.5 Custodial Torture 323
8.6 Reaching the Spot 327
8.7 The Site Plan prepared by Police Officer 338
will denote two things
9. National Investigating Agency under the NIA 339
Act, 2008
9.1 Constitution of National Investigation 340
Agency
9.2 Investigation of Scheduled Offences 341
9.3 Power to transfer investigation to State 342
Government
9.4 Jurisdiction of Special Courts 343
9.5 Protection of Witnesses 346
9.6 Appeals 347
10.
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Police and Criminal Justice System 348
10.1 Police and Administration of Juvenile 367
Delinquency in India
11. Criminal Justice Administration: An Agenda 379
for Reform
11.1 The Legislative Realm 384
11.2 The Executive Realm 384
11.3 The Judiciary 385
11.4 The People 386
CHAPTER 4 : BASIC RIGHTS AND PRIVILEGES OF AN 393 - 464
ACCUSED IN A CRIMINAL TRIAL
1. Right of Presumption of Innocence 393
2. Right of The Accused to Know the Specific 394
Grounds of His Arrest With Reference to
Constitutional Rights of A Citizen
3. Right to Know The Power of Arrest 398
4. Right of Examination by Medical Practitioner 398
5. Right of the Person Arrested to be Brought 399
Before the Magistrate Without Delay

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6. Right to Open Trial 401
7. Right of the Accused to beDefended by 402
Counsel of His Choice
8. Right of Cross-Examination 403
9. Right of Accused as to Investigation 405
9.1 Importance of Fair and Impartial 405
Investigation
9.2 Right of Accused to Speedy 405
Investigation
10. Right of Accused as to Examination of 406
Witnesses in His Presence
11. Right of Accused to Keep Silence 407
12. Right of the Accused to Get the Copies the 407
Statements of the Prosecution Witnesses and
the Prosecution Documents
13. Documents and Statements of Which the 409
Accused is Entitled to Have Copies as of Right
14. Right to Bail 411
14.1 During Pre-Trial and Pending Trial 411
Period
14.2 During Post-Conviction Pending Appeal 412
Period in Certain Cases
15. Right of the Accused When an Act is Alleged 413
to be an Offence by Virtue of Notification
Issued under Any Act
16. Right of the Accused against Double Jeopardy 414
17. Right of the Accused and Application of the 414
Principle of Res-Judicata or Issue-Estoppel to
Criminal Proceedings
18. Right of the Accused viz. Testimonial 416
Compulsion Including Directions which do not
come within the Purview of Testimonial
Compulsion
19. Accused Must be Given an Opportunity to 421
Submit His Case Before Framing of Charge
Against Him
20. Right of the Accused to Be Heard Before the 422
Case Against Him is Committed to the Court of
Sessions
21. Right of the Accused to Move the Court for 422
Summoning A Person Not Chare-Sheeted By

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 Police as Co-Accused (Section 319)
22. The Investigating Officer Should Not Associate 422
Himself With the Factum of Recovery or
Investigating Officer or Arresting or Recovery
Officer Should Not Be One and the Same
Person
23. Right of Accused to Be Heard On Question of 424
Sentence in Warrant Cases
24. Right of the Under-Trial Accused to Get the 424
Investigation Completed Within Six Months in
A Summons Case
25. Right of the Accused Convict as to Set Off the 425
Period of Detention Undergone by Him
(Section 428 of the Code)
26. Right of the Accused as to Fair Trail 426
27. Right of the Accused Under-Trial or Convict to 426
Live With Human Dignity and Right to Meet
His Relations
28. Right of the Accused as to Speedy Trial 428
29. Right of the Accused to Receive Legal Aid at 436
States Cost During Trial
30. Right of the Accused of Demanding Exclusion 437
of Police Officer or A Witness Not Under
Examination From Court Room
31. Right of the Accused to Claim Identification 438
32. Right of Accused to Sit During Trial 448
Proceedings
33. Procedure to be Followed by the Court When 448
the Accused Surrenders in That Court
34. Rights of a Foreign Citizen When He is Tried 449
for an Offence In India
35. Right Which an Accused Cannot Claim in a 449
Criminal Trial
CHAPTER 5 : PRACTICE AND PROCEDURE OF SUMMONS 465-
AND SUMMARY TRIAL
1. Trials of Summons- Cases By Magistrate 465
2. Conviction on Plea of Guilty 469
3. Insufficient Grounds for Dismissing the 480
Complaint and Acquitting the Accused for
Absence of the Complainant
4. Is Review or Real of Order of Acquittal for 485
Default of Appearance Possible

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 5. Maintainability of Second Complaint 485
6. Remedies Available to the Complainant against 488
the Order Dismissing Complaint in Default of
His Presence

CHAPTER 6 : TRIAL OF POLICE CHALLAN-WARRANT 492 - 589

CASES BY MAGISTRATE
1. Procedure Where Accused is not Discharged 514
2. Acquittal or Conviction 515
3. Meaning of Complaint 516
3.1 Who can File Complaint 519
3.2 To Whom Complaint can be Filed 520
3.3 To Whom Complaint can be Filed 521
3.4 When the Report of a Police Officer shall 521
be Treated as Complaint
4. Congnizance of All Cases Instituted on 522
Complaint is Taken Under Section 190(1)(A) or
(C)
4.1 Is Examination of Complainant Under 524
Section 200 Mandatory
5. Complaints to Magistrate 528
5.1 Dismissal of Complaint - Maintainability 530
of Second Complaint on Same Facts in
Exceptional Circumstances
5.2 Fresh Complaint After One has been 532
Dismissed under Section 203
5.3 Procedure After the Order of Superior 537
Court for Further Inquiry
5.4 The Materials on Which the Magistrate 542
can Rely to Pass Order
6. Issue of Process 542
6.1 After Investigation Under Section 202 544
No Transfer Without Issuing Process
6.2 Effect of non-Compliance of Section 204 546
6.3 Factors to Be Considered For Grant or 546
Refusal of Bail in Non-Bailable Offence
6.4 Finding of Trial Court should not be 547
Disturbed by the Appellate Court
6.5 Issue of Process on Final Report under 549
Section 156(3)

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7. Order of Dismissal 553
8. Summons Case Procuring Attendance of 558
Accused-Coercive Process of Warrant of Arrest
Without Recording Reasons in Writing Not
Permissible
8.1 Summons in Complaint Cases 558
8.2 Summons or Warrant to be Accompanied 559
by the copy of a Complaint
8.3 The Superintendent of Police Has No 559
Authority to Depute His Constable for
Summoning People On Behalf of A
Voluntary Organisation
8.4 Validity of Complaint Filed With 560
Statement of Complainant Alone But
Without List of Witnesses Attached
8.5 When There is Sufficient Ground for 560
Proceeding
8.6 Who Can Issue of Process 560
8.7 Ashing of Complaint 561
9. Supply of Copies of Documents of Prosecution 564
10. Recording of Prosecution Evidence Before 566
Discharge or Framing of Charge
11. Summoning The Witnesses of Prosecution and 568
Its Documents
12. Right To Examine New Witnesses 568
13. When The Accused Shall Be Discharged 570
14. Discharge Under Section 245(2) 574
14.1 Some Insufficient Grounds for 578
Discharging an Accused Under Section
245
15. Recording of Plea of Guilty 579
16. Acquittal or Conviction Under Section 248 582
17. Hearing on Question of Sentence And Imposing 583
of Sentence
18. Provision of Previous Conviction 586
19. Effect of Absence of Complainant in Trials of 586
Warrant Cases Instituted on Complaint
20. Requisite Conditions for Discharge Under 587
Section 249
20.1 Absence of Complainant on Account of 588
His Death

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 21. Awarding of Compensation 589
CHAPTER 7 TRAIL OF SESSION COURT - PRACTICE AND 590-
PROCEDURE
1. Relevant Provisions as to Sessions Trial 592
2. Commencement of Sessions Trial 595
2.1 Compliance With Section 207 597
2.2 Amalgamation of a Case on Police 597
Report and of a Case on Complaint
2.3 Trial of a Warrant Case as a Summon 599
Case
2.4 Distinction Between Sections 209 And 599
323
3. It is the Exclusive Privilege of the Public 604
Prosecutor to Open The Trial and None Else
3.1 Object and Importance of Opening 605
Address of the Public Prosecutor
3.2 Scope and Ambit of the Expression 606
Opening Case for Prosecution
4. Court May Alter Charge 607
4.1 Extent of Permissibility of Alteration of 608
Charge
4.2 Order of Alteration of Charge is Proper 609
Whereas No Prejudice is Caused to
Accused
4.3 Permissibility of Addition of Charge 609
Even At Appellate Stage Before
Pronouncement of Judgment in Appeal
4.4 Application for Discharge Liable to be 610
Dismissed
4.5 Charges Could Be Framed Even If 610
Materials Indicate Strong Suspicion
5. Discharge 611
5.1 Discharge of Accused Did Not Amount 612
to Acquittal of Accused
6. Framing of Charge 612
7. Discharge of Accused 616
7.1 Procedure Where Accused is Not 630
Discharged
7.2 Accused to be Questioned at the 631
Commencement of the Next Hearing
7.3 Framing of Charge At Any Previous 632

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 Stage
7.4 Trial of Summon Case 634
7.5 Charge Against the Accused 634
8. Cases When the Sessions Judge is Justified to 635
Send Back the Case to the Chief Judicial
Magistrate Under Section 228(1)
8.1 Is Order of Framing Charge Revisable 641
8.2 Quashing of Charge 641
9. Conviction of Plea of Guilty 643
10. Procedure for Recording Plea of Guilty 646
10.1 Procedure When Accused Not Plead 646
Guilty
11. Object and Scope of Section 232 647
11.1 Examination of The Accused 654
11.2 Summoning of Defence Witnesses 655
11.3 Expenses of Defence Witness 657
12. Arguments 658
13. Judgment of Acquittal or Conviction 659
14. Provision of Hearing on Question of Sentence 660
14.1 Procedure in Cases Instituted Under 661
Section 199(2)
CHAPTER 8 CONCLUSION AND SUGGESTIONS 663 - 686
1. Investigation 675
2. Technical and Forensics 677
3. Coordination 677
4. Administration 678
5. Training 679
6. Prosecution and Legal 679
7. Welfare 680
BIBLIOGRAPHY 687 - 694

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