CRPC Notes

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Code of Criminal Procedure (CrPC)
Classes of Criminal Courts
Criminal Court
A Criminal Court is a court that has the jurisdiction and authority to try and punish
the persons accused of committing a crime as per criminal law. Generally, the
government files a case in Criminal Courts against a person who has committed any
crime. The reason behind this is that whenever a crime is committed, it is
considered an act against a state and not only the victim. It is the paramount duty of
the state to protect its citizens. Therefore the state becomes operative when a crime
is committed.
Classes of Criminal Courts in India
1. Supreme Court.
2. High Court.
3. Sessions Court (also called Court of Session).
4. Judicial Magistrates of First Class (called Metropolitan Magistrates in
metropolitan areas).
5. Judicial Magistrates of Second Class.
6. Executive Magistrates.
Hierarchy of Criminal Courts
The hierarchy of the Criminal Courts in India can be understood through the
following chart:
Downloaded by Jai Kumar (jaikmr654@gmail.com)

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About the six above-mentioned criminal courts.
1. Supreme Court.
The Supreme Court of India has the jurisdiction to deal with criminal cases. The
Constitution of India has created this court for each state. Also, the jurisdiction and
powers of this court are very well mentioned in the Indian Constitution.

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In addition to this, section 379 of the Criminal Procedure Code provides provisions
related to appeal in the Supreme Court under certain circumstances. And, section
406 of CrPC also grants the Supreme Court the power to transfer cases and appeals
from one High Court to the other High Court.
2. High Court.
Along with the Supreme Court of India, High Courts are also established for each
state by the Constitution of India. Article 227 of the Indian Constitution provides
that except for the court formed for the armed forces, every High Court must have
supervision over all courts and tribunals throughout the territories over which it
exercises jurisdiction.
Further, CrPC imposes a duty on the High Court under section 483 to exercise
continuous control over the courts of Judicial Magistrates subordinate to it. The
code has also granted several powers and duties to the High Court, including those
related to appeals and amendments. The High Court has the power to pass any
sentence authorised by law. Learn more: High Court – Composition, Jurisdiction and
Powers.
3. Sessions Court.
As per section 6 of the Criminal Procedure Code, apart from the Supreme Court,
High Court, and the courts composed under any law, the following courts must be
present in every state:
 Sessions Court.
 Judicial Magistrates of the First Class (Metropolitan Magistrates in the
metropolitan area).
 Judicial Magistrates of Second Class.
 Executive Magistrates.

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It provides that the state must establish a Court of Session for every Sessions
Division, which is to be governed by a judge. The High Court appoints the judge. The
High Court can also appoint Additional Sessions Judges and Assistant Sessions
Judges to govern the Court of Session.
4. Courts of Judicial Magistrates of First and Second Class.
provides that the Court of Judicial Magistrates of the First Class and the Second
Class must be established in such number and at such places, as the High Court may
by notification, specify. The state government must consult with the High Court.
However, these courts are not to be established in a metropolitan area. The state
government can also establish special courts of Judicial Magistrate of the First Class
or the Second Class to attempt any particular case or a particular class of cases after
consulting with the High Court.
As given in section 11(2) of CrPC, the presiding officers of these courts are
appointed by the High Court. Section 11(3) of CrPC also grants the power to the
High Court to direct the powers of a Judicial Magistrate of the First Class or the
Second Class on any member of the Judicial Service of the state who is functioning as
a judge in a Civil Court.
5. Court of Metropolitan Magistrates.
As per section 16(1), the state government is entitled to establish Courts of

Metropolitan Magistrates in every metropolitan area. The state government
establishes such courts in such numbers and places, as the High Court may specify.
The officers presiding over the Courts of Metropolitan Magistrates are appointed by
the High Court (section 16(2), CrPC). And, the jurisdiction and powers of these
courts are given in section 16(3) of CrPC.

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6. Executive Magistrates.
Executive Magistrates are appointed by the state government and are known as
Special Executive Magistrates. The term for the appointment is decided by the state
government (section 21, CrPC). These are appointed either to fulfil special needs of
particular areas or for serving particular functions in the specified areas.
According to section 21(1) of CrPC, the local jurisdiction of the Executive

Magistrates is determined by the District Magistrate. However, it is subject to the
control of the state government.
Bailable and Non-Bailable Offences
‘Bail’ connotes the process of procuring the release of an accused charged with
certain offence by ensuring his future attendance in the court for trial and
compelling him to remain within the jurisdiction of the court. The concept of bail
has come under the scope of human rights since the UN declaration of Human Rights
of 1948.
The objective of an arrest is to ensure the appearance of the accused before the
court for justice to be delivered. However, if a person’s appearance can be
guaranteed without him having to be arrested, there is no reason to violate his
liberty. Therefore, a bail can be granted as a conditional release to the accused
person.
Bailable offences
Bailable offences are those offences where setting free an individual from a
prison’s confinement is a matter of right. In simple terms, it means that bail can be
taken as a right without any prohibition.
bailable offences can be termed as offences where bail is a matter of right because
they are of no grave nature in respect to the seriousness and that is why generally
they are punishable for three years or below or with a fine.
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On the other hand, an offence under Section 335 of the IPC, which talks about
causing grievous hurt by means of grave provocation, is punishable with
imprisonment for 4 years but is still bailable in nature. In the case of bailable
offences, bail can be given as a matter of right and it can be taken from the police
officer in whose custody the accused is, or through the court of law.
Non-Bailable Offences
Non-Bailable Offences are offences where bail is a matter of discretion. In these

cases, the judge critically examines the facts and other relevant factors to decide
whether to grant bail or not.
For better understanding, let’s begin with certain examples like the offense of
murder, rape, culpable homicide, abetment of suicide, etc. After reading about these
offenses, a man often develops a sense of fear and seriousness in his mind and body.
These offences put a barrier of chaos over the smooth running of the lives of the
common public. Not to forget what effects such offences have on the peaceful
harmony of society.
Types of bail
1. Interim bail – The term “interim” literally means “for an interval,” and
therefore, in the case of interim bail, it is understood that bail is granted for a
specified period of time by the court. The interval can be for fifteen days or
even a month. At these intervals, the accused is released from prison and, after
the expiry of the granted period, the accused is again committed to prison.
2. Regular bail – A regular bail is generally granted to a person who has been
arrested or is in police custody. A bail application can be filed for the regular
bail under section 437 and 439 of CrPC.
3. Default bail – When the charge-sheet is not filed in the court within the
prescribed time period or in other words, the investigation remained

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incomplete within the stipulated time period; the accused is entitled to default
bail.
4. Anticipatory bail – In simplest terms, anticipatory bail is a kind of protection
against future arrest wherein a court grants bail to a person who has
reasonable grounds for an arrest in relation to a non-bailable offence.
According to Section 438 of the Criminal Procedure Code, the high court or
sessions court may grant anticipatory bail to a person who has a reasonable
apprehension of future arrest for a non-bailable offence. The present section
further provides that the applicant may only file bail applications to the high
court and sessions court, so it can be said that the ambit of anticipatory bail is
only given to higher criminal courts.
Section 438 also states the following factors after which the court may
grant anticipatory bail:
1. The nature and gravity of the accusation;
2. The past criminal record of the applicant includes the fact as to

whether he has previously faced imprisonment on conviction by a
court in respect of any cognizable offence.
3. The possibility of the applicant fleeing from justice.
4. Where the accusation made on the applicant is for the sole purpose of
injuring or humiliating the applicant by having him arrested.
Conditions For Grant of Bail In Bailable Offences

Section 436 of Code of Criminal Procedure, 1973, lays down that a person accused of
bailable offence under IPC can be granted bail.

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Conditions for bail in bailable offence are:
1. There are sufficient reasons to believe that the accused has not committed the
offence.
2. There is sufficient reason to conduct further enquiry in the matter.
3. The person is not accused of any offence punishable with death, life
imprisonment or imprisonment up to 10 years.
Conditions For Grant of Bail In Non-Bailable Offences

Section 437 of Code of Criminal Procedure,1973 lays down that the accused does
not have the right to apply for bail in non-bailable offences. It is discretion of the
court to grant bail in case of non-bailable offences.
Conditions for bail in non- bailable offence are:
1. If the accused is a woman or a child, bail can be granted in a non-bailable

offence.
2. If there is lack of evidence then bail in non-Bailable offences can be granted.
3. If there is delay in lodging FIR by the complainant, bail may be granted.
4. If the accused is gravely sick.
Cancellation of Bail
Court has the power to cancel the bail even at a later stage. This power is laid upon
the court under section 437(5) and 439(2) of the CrPC. The court can cancel the bail
granted by it and give directions to the police officer to arrest the person and keep
in police custody.
Recent judgments
1. Prem Shankar Prasad v. the State of Bihar, (2021)
The Supreme Court, in this case, decided the question as to whether a person
declared absconder in law is entitled to get relief of anticipatory bail. The Hon’ble

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Court held that in the case of absconders, the relief of anticipatory bail is completely
absent.
2. Kanumuri Raghrama Krishnan Raju v. State of Andhra Pradesh, (2021)
In this case, the Supreme Court addressed the question of whether a high court can
entertain a bail application under Section 439 of the Code if the accused directly
approaches the court without resorting to the trial court. The Supreme Court
answered in the affirmative and said that the provisions of Section 439 are
concurrent and that just because the accused approached the high court without
resorting to the trial court does not mean the high court cannot entertain his
application.
Difference between Bailable and Non-bailable offences
Basis Bailable offences Non-bailable offences

In bailable offences, the
gravity of the offence is lower In non-bailable offences, the
Gravity
as compared to non-bailable gravity of the offence is higher.
offences.
In bailable offences generally,
the quantum of sentence is
below or up to three years. Sentences are higher in the
Although there are case of non-bailable offences as
exceptions in respect of this they are punishable with death,
Punishment rule. For example, the offence imprisonment for life, or
of kidnapping under Section imprisonment which may
363 of the IPC is bailable but exceed three years or seven
is punishable by years.
imprisonment for seven
years and a fine.
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In non-bailable offences, bail is

In bailable offences, bail can
not a matter of right, but rather
Bail be granted as a matter of
it is a matter of the discretion
right.
of the court of law.
In the case of non-bailable
offences, mostly the accused
get bail through a court of law.
Yet there is a provision
In case of bailable offences,
Power to under Section 437 subsection
either the police officer or the
grant bail 4 that empowers the police
court can grant bail.
officer to grant bail while
recording reasons in writing.
Though, in reality, police
officers do not grant bail.
Refusal of bail in case of a
There is no offence committed
bailable offence shall amount
Offence if the officer or the court does
to wrongful confinement
not grant bail to the accused.
under Section 342 of IPC.
Kidnapping (363
Criminal Breach of Trust(406
IPC), Stalking
IPC), Theft(379 IPC), Snatching
(354D), Dishonest
(379A IPC), Rape (376
Examples Misappropriation of Movable
IPC), Murder(302
Property (404
IPC) and Culpable
IPC) and Cheating (417
Homicide(304 IPC) etc.
IPC) etc.
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When bail may be taken in case of bailable offence?

1. When any person other than a person accused of a non-bailable offence is
arrested or detained without warrant by an officer in charge of a police station,
or appears or is brought before a Court, and is prepared at any time while in
the custody of such officer or at any stage of the proceeding before such Court
to give bail, such person shall be released on bail;
2. Notwithstanding anything contained in Sub-Section (1), where a person has
failed to comply with the conditions of the bail-bond as regards the time and
place of attendance, the Court may refuse to release him on bail, when on a
subsequent occasion in the same case he appears before the Court or is
brought in custody and any such refusal shall be without prejudice to the
powers of the Court to call upon any person bound by such bond to pay the
penalty thereof under section 446.
When bail may be taken in case of non-bailable offence?
(1) When any person accused of or suspected of the commission of any non-
bailable offence is arrested or detained without warrant by an officer in
charge of a police station or appears or is brought before a Court other than
the High Court or Court of Session, he may be released on bail, but he shall
not be so released if there appear reasonable grounds for believing that he
has been guilty of an offence punishable with death or imprisonment for life:
(2) If it appears to such officer or Court at any stage of the investigation, inquiry
or trial, as the case may be, that there are not reasonable grounds for
believing that the accused has committed a non-bailable offence, but that
there are sufficient grounds for further inquiry into his guilt, the accused
shall, pending such inquiry, be released on bail, or, at the discretion of such
officer or Court, on the execution by him of a bond without sureties for his
appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence
punishable with imprisonment which may extend to seven years or more or
of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian
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Penal Code(45 of 1860) or abetment of, or conspiracy or attempt to commit,

any such offence, is released on bail under sub-section (1),
(4) An officer or a Court releasing any person on bail under sub-section (1) or
sub-section (2), shall record in writing his or its reasons for so doing.
(5) Any Court which has released a person on bail under sub-section (1) or sub-
section (2), may, if it considers it necessary so to do, direct that such person
be arrested and commit him to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-
bailable offence is not concluded within a period of sixty days from the first
date fixed for taking evidence in the case, such person shall, if he is in custody
during the whole of the said period, be released on bail to the satisfaction of
the Magistrate, unless for reasons to be recorded in writing, the Magistrate
otherwise directs.
(7) If, at any time after the conclusion of the trial of a person accused of a non-
bailable offence and before judgment is delivered, the Court is of opinion that
there are reasonable grounds for believing that the accused is not guilty of
any such offence, it shall release the accused, if he is in custody, on the
execution by him of a bond without sureties for his appearance to hear
judgment delivered.
Arrest of Persons Under CrPC, 1973
Arrest in the legal sense under CrPC means taking into custody of another person
under the authority of law for the purpose of holding and detaining him to answer a
criminal charge and preventing the commission of an offence.
Section 46 of CrPC prescribes the mode of the arrest. The words ‘arrest’ and
‘custody’ are not synonyms. In every arrest, there is custody, but vice versa is
not true.
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According to this section, an arrest of a person consists (except in the case of

submission) of the actual seizure or touching of the body of a person with a
view to his detention.
Types of Arrest
1. Arrest by warrant
If a person commits an offence which is non-arrestable then a warrant is necessary

to be issued. The police cannot make such kind of arrest without a warrant. The
warrant is issued by a Judge or a Magistrate on behalf of the state. An arrest warrant
authorizes the arrest or detention of the person or capture or seizure of an
individual’s property. Section 41(1) of CrPC,1973 explains when can a person be
arrested without any warrant. Section 41(2) of CrPC, 1973 states that subject to the
condition in Section 42, a person cannot be arrested without a warrant and an order
of the magistrate in case of non-cognizable offence and where a complaint is made.
The procedures to be followed while arresting a person find its mention in Section
46 of the Code.
2. Arrest without warrant
An arrest without a warrant means when a police officer is entitled to arrest a

person without any warrant. It can happen only in cases where a person is a suspect
of an arrestable offence. There are several grounds provided in Section 41(1) of
CrPC under which an arrest can be made without a warrant. It is usually done in
case of a cognizable offence, when a reasonable complaint is made or when a piece
of credible information has been received.
3. Arrest by magistrate
 When any offence is committed in the presence of a Magistrate, whether

Executive or Judicial, within his local jurisdiction, he may himself arrest or
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order any person to arrest the offender, and may thereupon, subject to the
provisions herein contained as to bail, commit the offender to custody.
 Any Magistrate, whether Executive or Judicial, may at any time arrest or

direct the arrest, in his presence, within his local jurisdiction, of any person
for whose arrest he is competent at the time and in the circumstances to
issue a warrant.
4. Section 43: Arrest by a private person
 Any private person may arrest or cause to be arrested any person who in his
presence commits a non-bailable and cognizable offence, or any proclaimed
offender, and, without unnecessary delay, shall make over or cause to be made
over any person so arrested to a police officer, or, in the absence of a police
officer, take such person or cause him 10 be taken in custody to the nearest
police station.
 If there is reason to believe that such person comes under the provisions of
section 41, a police officer shall re-arrest him.
 If there is reason to believe that he has committed a non-cognizable offence

and he refuses on the demand of a police officer to give his name and
residence, or gives a name or residence which such officer has reason to
believe to be false, he shall be dealt with under the provisions of section 42;
but if there is no sufficient reason to believe that he has committed any offence,
he shall be at once released.
Rights of An Arrested Person
1. Right to know the Reasons of Arrest:
According to Sec. 50(1) of Cr.P.C, an accused who is arrested by a police officer

without any warrant has the right to know the particulars of the offence for which
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he is being arrested[1], and it’s the irrefutable duty of the police officer to inform the
accused of the grounds of his arrest.
2. Right to be produced before the Magistrate without delay:
This right is provided under Section 55 of the Cr.P.C and states that a police officer
making an arrest without a warrant should produce the arrested person without
unnecessary delay before the Magistrate having jurisdiction. Section 76 further
elaborates that the police officer should do so within 24 hours of the arrest. The
indiscriminate and hasty use of the arrest power is counterproductive and violates
the constitutional right embodied in Article 21.
3. Right to be released on Bail:
Section 50(2) of Cr.P.C provides that whenever a police officer arrests a person
without a warrant for a non- cognizable crime, he shall inform him that he has the
right to be released on bail and make arrangements for sureties on his behalf.
4. Right to consult a lawyer:
This is provided in the fundamental right in Article 22 of the Indian constitution.

Section 41(d) and Section 303 of Cr.P.C also recognizes these rights. The arrested
person is given a right to choose any advocate to defend his case and he is to be
given this opportunity at the earliest.
5. Right to free Legal aid:
This right is given in Section 304 of the Cr.P.C. It 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.
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6. Right to be Silent:
This right provided under Article 20(3) of the Indian Constitution, i.e. Right against
self- incrimination; states that “no person can be compelled to be a witness against
himself”.
An Advocate is not allowed to be with the accused during the interrogation process.
However, a consultation with advocate should be allowed prior to the interrogation,
which would facilitate sufficient protection of rights of arrestee since he would be
informed of his basic rights and can help in preventing abuse of the accused and
prevent the use of arbitrary power by the investigating authorities.
7. Right to be examined by a medical practitioner
Section 54 of Cr.P.C provides 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 the accused, unless the court is satisfied that
such a request is made for the purpose of defeating the justice.
Special Protection to Females
The standard rule is that women are not to be arrested without the presence of a
lady constable. It is also stated that no woman is to be arrested after sunset unless in
certain exemptions. These exemptions include crimes that are extremely serious
and an arrest is essential and can be executed under special orders. Separate lock up
rooms are to be provided for females in police stations. Section 53(2) of the Criminal
Procedure Code states that it is a salutary principle that a medical examination of
the arrested female to be conducted by a female medical practitioner.
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Arrest by the police without a warrant (Section 41: CrPC)
Section 41 of the Code of Criminal Procedure (the Code from hereinafter) contains
the law for arrest by the police without a warrant. A long list has been provided.
Following are some of the items from the list:
1. When a person commits a cognizable offense in the presence of a police officer

2. When a reasonable complaint is made against a person or credible information
has been received, or a reasonable suspicion exists that such person has
committed a cognizable offense punishable with imprisonment for a term
which may be less than seven years or which may extend to seven years
whether with or without fine
3. Against whom credible information has been received that he has committed a
cognizable offense punishable with imprisonment for a term which may extend
to more than seven years whether with or without fine or with a death
sentence, and the police officer has reason to believe based on that information
that such person has committed the said offense.
4. The person so being arrested is a proclaimed offender by the Central or the
State Government.
5. When the person being so arrested is in possession of the stolen property and
who may reasonably be suspected of having committed an offense with
reference to such thing.
6. When the person being so arrested obstructs a police officer while in the
execution of his duty.
7. When the person being so arrested has escaped or attempted to escape from
lawful custody.
8. When the person being arrested is reasonably suspected of being a deserter
from any of the Armed Forces of the Union.
9. Who has been concerned in, or against whom a reasonable complaint has been
made, or credible information has been received, or a reasonable suspicion
exists, of his having been concerned in, any act committed at any place out of
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India which, if committed in India, would have been punishable as an offense,

and for which he is, under any law relating to extradition, or otherwise, liable
to be apprehended or detained in custody in India.
10. When the person being arrested is a released convict, commits a breach of any
rule under subsection (5) of section 356.
11. A requisition is made or received from any other police officer. The requisition
must specify the person to be arrested with the crime that was committeed by
him. The requisition may be in writing or be oral.
Investigation under CrPC
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. [1]
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.
 Search and seizure of places and things respectively considered
necessary.
5. Formation of opinion as to whether there is a case for trial, and taking
necessary steps accordingly.
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Procedure of Investigation
Section 154 of the code talks about when information is given as a cognizable
offence. The information must be given by the informant to the officer in charge of a
police station in writing or must be reduced into writing by the officer in charge of
the police station. The written information has to be read over to the informant and
be signed by him, which is called “First Information Report.” When the information
is given by a woman against whom any of the offences under Sections 326-A, 326-B,
354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged to have been
committed or attempted, such statement shall be recorded by a woman police
officer.
After the information has been received by the police officer, he shall start his
investigation, provided he has reasons to suspect that a cognizable offence has been
committed.
Power of Police to Investigate
1. Cases consisting of both Cognizable and Non-Cognizable Offences
According to Section 155(4), when two or more offences are there in a case, of
which at least one is of cognizable nature, and other of non-cognizable nature, then
the entire case has to be dealt as a cognizable case, and the investigating officer will
have all the powers and authority as he has in investigating a cognizable case.
2. Procedure of Investigation
Section 157 of the Code lays down the procedure of investigation to be followed by
the police, for collection of evidence.
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When the information received by the police officer is not of serious nature, the
officer need not proceed in person or depute some subordinate officer to investigate
on the spot. And if no sufficient ground exists for entering on an investigation, he
shall not investigate the case. And shall state in its report for not complying with the
requirements of this section, and notify the informant that he will not investigate
the case or cause it to be investigated.
He shall then send this report to the Magistrate empowered to take cognizance of
such offence.
3. Sending a Report to the Magistrate (Section 158)
A report is sent to the Magistrate which is called the police report. It is sent by the
superior police officer, so as to make the Magistrate aware that a particular case is
being investigated by a police officer. The main objective of sending a report is to
enable the Magistrate to control the investigation and give directions if required
under Section 159 of the Code.
The report should be sent to the Magistrate without any delay. In Swati Ram v. State
of Rajasthan, it was held that mere delay in sending the report does not throw away
the prosecution case in its entirety.
At different stages of an investigation, different reports are to be submitted by the

police to the Magistrate.
4. Order of Investigation by the Magistrate
The Magistrate, under Section 159, has been empowered, if he feels necessary, after
receiving the report to direct investigation, or to conduct himself or direct a
subordinate Magistrate to hold a preliminary inquiry. And as held by the Supreme
Court, the Magistrate has no power to stop the investigation after it has started.
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5. Attendance of Witnesses
The police officer making the investigation is empowered under Section 160 to
require the attendance of any person as a witness who is acquainted with the facts
and circumstances of the case. The above-mentioned section also provides that no
male person or woman who is under the age of fifteen years shall be required to
attend any place other than the one in which the male person or women resides. The
State Government shall make rules for the payment of reasonable expenses incurred
by persons for attending any place other than their residence.
6. Examination of Witnesses
Any police officer who is in charge of the investigation or any other officer who is
acting on the request of an officer in charge shall and is empowered to examine a
witness or person who is acquainted or aware of the facts and circumstances of the
case put before him. Section 161 of the Code confers powers on police to examine
witnesses. The statements of witnesses are important as they can make a person
guilty or innocent. The persons who are being investigated are expected and bound
to answer truly all the questions relating to such cases put before them. They are not
bound to truly answer the questions which would expose them to a criminal charge
or any other charge.
After the examination, the police officer making the investigation shall reduce the
number of statements given by the person in the course of the examination. And if
done so, he shall keep a separate record of the same. He is not bound to reduce the
statements into writing but it is preferred that he does so.
7. Statements to the Police not to be Signed
The statements made by the witnesses during examination need not be signed by
him. Neither should be used at any inquiry or trial. The statements made by the
witness can be used in the court only to contradict him, and not corroborate him. If
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the witness is brought from the prosecution side, any part of his statement if proved
may be used by the accused and can be used by the prosecution only with the
Court’s permission, to contradict him. That is, statements made under Section 161
can be used to contradict him.
8. Recording of Confessions and Statements
Any magistrate whether metropolitan or judicial, if he has jurisdiction or not in the

case, is empowered under Section 164 to record any statement or confession made
to him in the course of the investigation. But a police officer on whom powers of a
magistrate have been conferred for the time being is not empowered to record the
same.
9. Recording of Confession When Magistrate has no Jurisdiction
A Magistrate who records statements and confession when he does not have the
jurisdiction to do so, he shall forward it to the competent Magistrate who has to
inquire into the case or by whom the trial is to be done.
10. Admissibility of Evidence
The confession recorded under section 164 can be used as substantive evidence,
without being formally proved. Record of such confession is admissible as evidence.
Entire confession must be brought on record. The Court must carefully weigh it with
other evidence. The Court may reject part of it.. Where the confession was found
rejected, the convictions based on them could not be sustained.
11. Search by Police Officer
A police officer is empowered under Section 165 of the Code to search for any place
which he has reasonable grounds to believe that contains something necessary with
respect to the investigation he is authorized to make.
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Procedure to be followed on completion of Investigation (s.169-s.173)
1. Release of accused when evidence is deficient
When there is not sufficient evidence and reasonable grounds to justify the
forwarding of the accused to the Magistrate, the police officer shall release him on
him executing a bond, with or without sureties, and may direct him to appear before
the magistrate when required.
2. Cases to be sent to Magistrate when evidence sufficient
When the police officer has sufficient evidence and reasonable grounds, he shall
forward the accused to the Magistrate, so that the Magistrate can take cognizance of
the offence and try the accused or commit him for trial. If the offence is bailable, the
accused shall be given security and be released on bail, only to appear before the
Magistrate when required, and for his day to day attendance before the Magistrate.
3. Diary of proceedings in an investigation (section 172)
This section relates to the contents of a case diary, which every police officer making
an investigation has to maintain. The object of this section is to enable the
Magistrate to know what was the day to day information by a police officer who was
investigating the case. Oral statements of witnesses should not be recorded in this
case diary. This diary may be used at trial or inquiry, not as evidence, but to assist
the court in proceeding with the case.
4. Report of police on completion of the investigation
Final report of a police officer after the completion of the investigation is to be sent
to the Magistrate under Section 173. This report is generally called a “Chargesheet”
or “Challan”.
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Where a superior officer has been appointed by the State government, the report
shall be sent by him to the Magistrate. And while the orders of the Magistrate are
pending, he shall direct further investigation to the officer in charge of the police
station.
5. Power to Summon Persons
This section empowers the police to summon witnesses at the inquest to testify the
injuries which the investigating officer has found on the body of the deceased
person. But it is not at all necessary for him to record the statements of the
witnesses or get the inquest report signed by them. The person examined at an
inquest is bound to answer truly all the questions except those which would be
incriminating him.
Charge under CrPC

Meaning of Charge
The definition is already stated in the above-mentioned paragraph. The term

‘charges’ in the criminal law, basically means the allegations or the offences imposed
on a person.
For example: A is accused of theft, so here the charge is of theft. Therefore, the
charge is a formal recognition given by a magistrate to the accused person’s act
which allows the person to know his act.
Purpose of Charge under Crpc
The main objective of Charge under crpc is to give basic and exact knowledge to
accused of the offence that he has been charged for it and also give him time to
prepare for his Defense.
The common practice and basic rule are that the charge should be specific and not
lengthy. This allows the accused to prepare their defence on the specific charge.
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Apart from this, it also allows the prosecutor to prepare his case and evidence to
start the prosecution.
Essentials of Charge under CrPC
1. Stating the crime: The crime should be expressed in the charge sheet so that
the accused can shield themselves.
2. Describe crime by name: The name of the crime, as well as the offence, must
be clearly defined and explained concerning such charge.
3. Defining and understanding crime: In those places where criminal law has
not named the crime, then a definition/meaning of the crime should be
expressed
4. Mentioning of law and clause of law: In this charge, there should be a law or a
section of the law against which the crime is said.
5. Substantive requirements of offence to be complied with: The charge must

satisfy the requirements of the offence, whether or not there are any exceptions
and if so, the charge must be followed.
6. Charge language: It should be noted that one of the basic imperatives of

charge is that the charge is implicated in English or the language of the court or
language understood by an accused.
7. Previous convictions of accused person: The charge may state the fact, date
and place of previous conviction at the places where the accused is liable for the
enhanced sentence based on his previous conviction and where such previous
conviction is to be proved.
8. Description of time, place and person: A charge requires that the time when
the offence occurred involves the time at which the offence was committed, the
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person against whom the offence was committed and any other object or object
against which the offence was committed.
Types of cases where Charges are formed
It is generally necessary to be charged in three types of cases:
1. Session cases under Section 228 of CrPC
2. The warrant case was established by the magistrate based on the police
reports under section 240 of the CrPC.
3. The warrant case has been established by the magistrate on the basis of the
police report, otherwise based on a personal complaint under Section 24 (1)
of the CrPC.
In the trial of summons cases and summary trials, the plea has been made instead of
the charge.
Legal provisions of Charge under Crpc
This is under Chapter XVII of the Criminal Procedure Code, 1973, in which the
charge is mentioned.
Sections 211 to 217 go through again the form of charges and Sections 218 to
224 states the joinder of charges. Further, sections 227, 228, 239, 240 and 464 of
the code also talks about the other provisions related to charge which are explained
ahead.
 Sections 211 and 212: Under Section 211 and Section 212, the content of Charge
under crpc and other details of the accused the material and description of the
charge according to the time and place of the alleged offence, the person against
whom the offence was committed or in connection with which it took place and
sufficient other information.
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 Section 213: It will be noted that the Charge under crpc will include details of
how the said offences have been committed at the places where Sections 211 and
212 are not able to properly describe the charges with which the accused are
charged.
 Section 214: Section 214 lays down a standard for the translation of words used
in a charge; it provides that the words used in delineating a crime in each charge
shall be considered by law to be used in the sense separately associated with
them, under which such an offence is guilty.
 Section 216: This section deals with changes in the charge. The object is to secure
the accused for a fair trial and the court has to ensure that the alteration or
addition of the charge does not prejudice him. It should be used judiciously,
though the power is broad and wide.
Case laws
1. V.C. Shukla vs. State, Justice Desai
In this case, the court held that the purpose of framing the Charge is to give notice
to the accused of a clear, and accurate notice, that for what purpose the accused is
called upon the meeting during the trial.
2. Tulsi Ram & Ors. vs. State of Uttar Pradesh
The court was considering these aspects of the case and made it clear that none of
the complaints about the allegation had been raised at any stage before and the
learned judge came to the conclusion that the allegation by the appellants in the
case was fully understood by the appellants. It was understood in a way and they
never complained at the proper stage that they were confused or shocked by the
charge. The sad thing is true here.
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COMPLAINT TO THE MAGISTRATE
MEANING OF A COMPLAINT
Section 2(d) of CrPC, 1973 defines a complaint as “it is an allegation made verbally
or in written form before a Magistrate”. A complaint is made with the object that the
Magistrate should take action under this Code against the person who has
committed an offence. Here, this person can be known or unknown.
There is no particular format for a complaint. It contains allegations that some

offences have been committed and ends with a prayer stating that the offender
should be convicted properly.
NECESSARY CONDITIONS FOR A COMPLAINT
These are some necessary conditions for a complaint:
 A non-cognizable offence must be committed.
 There must be some allegation against a known or unknown person.
 Such allegation must be in verbal or written form.
 It must be made before a Magistrate.
 It must be made with the object that the Magistrate should take action.
EXAMINATION OF A COMPLAINANT
As per Section 200, CrPC, a Magistrate, after taking cognizance of an offence,

examines both the complainant as well as the witnesses on oath. The objectives of
such examination are:
1. To establish whether the case against the person (who is being accused in the
complaint) is actual.
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2. To find out whether the complaint is reasonable or is lodged just for harassing
the person by a false allegation.
This section provides further that the facts obtained from such examination should
be condensed to writing along with the signature of the complainant, the witnesses
and the Magistrate.
This section also provides some conditions in which a Magistrate is not supposed to
examine the complainant and the witnesses.
These conditions are as follow:
1. If a public servant (e.g. police officers) or a court has made a complaint, or
2. If a Magistrate has transferred the case to some other competent Magistrate for
inquiry or trial as per section 192 of CrPC, 1973.[4]
Illustrations
1. X saw from his window that there were three persons namely A, B and C outside
his house. And, they were stabbing Z with a knife multiple times that caused
death to Z. After that those three persons ran away from the place of occurrence
leaving the dead body of Z lying on the ground.
Then, X goes to the police station and files a complaint against A, B and C to a police
officer. Here, a Magistrate shall not examine the complainant (X). The police officer
can start an investigation without any order.
 A, a Chief Judicial Magistrate transfers a case to Z, a competent Magistrate for

trial as per section 192. Here, A shall not examine the complainant (let’s
say C). Z will examine C.
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WHAT IF A MAGISTRATE IS NOT COMPETENT TO TAKE COGNIZANCE OF THE

CASE
As per Section 201, if a complaint is lodged before a Magistrate who has no

jurisdiction to deal with the case, then he can do any one of the following things:
1. Where the complaint is in written form, he is required to return it to the

appropriate court for presentation along with approval for such effect.
2. Where the complaint is not in written form, he should direct the complainant to
the appropriate court.
DISMISSAL OF A COMPLAINT & ITS EFFECT
Section 203 provides that after taking the statements of the complainants and all the
witnesses, and the outcome of the investigation as per Section 202, into
consideration if a Magistrate finds that there is no satisfactory reason for
proceedings. Then he is authorized to dismiss the complaint by recording
appropriate reasons for doing so.
These are the effects of dismissal of a complaint:
 Such dismissal does not permit the accused to compensate as per Section 250 of
the code.
 But he can act against the complainant for a false accusation under Section 211
of IPC.
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FILING OF THE SECOND COMPLAINT
Here, the second complaint means a fresh complaint.
The Supreme Court has observed that after the dismissal of the first complaint, a
fresh complaint having the same facts is maintainable only under exceptional
circumstances.
CONCLUSION
A complaint is a mode by which a Magistrate takes cognizance of an offence. He

examines the complainant as well as all the witnesses present as per Section section
200, CrPC. If a Magistrate has no jurisdiction over the case then he may transfer the
case to the proper court under Section 201. He may postpone the issue of process
under Section 202.
As per Section 203, a Magistrate has the power to dismiss a complaint if he finds no
reasonable grounds for further proceedings. In such an instance, the complainant
has to file a fresh complaint again.
First Information Report (FIR)
First Information Report (FIR), or the first information of a cognizable offence to the
officer in charge of a police station, is covered under Section 154 of the Code of
Criminal Procedure, 1973 (CrPC). Although the word “FIR” is not defined in the
Code, it refers to oral information on the conduct of a cognizable offence that is
provided to the police at the earliest possible moment. An FIR is not intended to be
fully detailed; rather, it is intended to initiate the criminal justice system. The
information provided to the police officer in order to register a case may be true and
accurate.
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Importance of FIR
Sec. 154 has a three-fold object, which is:
1. To inform the Magistrate and the District S. P. who are responsible for the
peace and safety of the district, of the offences reported at the police station;
2. To make known to the judicial officers before whom the case is ultimately
tried, what are the facts given out immediately after the occurrence and the
materials on the basis of which the investigation commenced,
3. To safeguard the accused against subsequent variations or additions.
In order to qualify as an FIR under Section 154, the following essentials need
to be fulfilled:
1. It is an information relating to the commission of a cognizable offence;
2. It is given by the informant either orally or in writing;
3. If given oral, it should be reduced to writing by the officer in charge of a police,

station or under his direction and if given in writing or reduced to writing shall
be signed by the person giving it;
4. The substance of the information shall be entered in a book in such form as the
State Government may prescribe in this behalf. This book is called 'General
Diary'.
5. In order for the information to be qualified as an FIR there must be something

in the nature of complaint or accusation regarding commission of a
cognizable offence.
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Effect of Delay
F.I.R relies on spontaneity, deliberation, and consultation. The prompt FIR goes a
long way in establishing that the prosecution story was an authentic & truthful one
and it also reflects the part played by the accused, nature of the incident, and name
of witnesses. However, a mere delay in the registration of FIR cannot be a ground
for throwing away the prosecution case. Long Aid unexplainable delay may create
doubt or raise suspicion as to how the incident has happened.
In the case of Ramdas v State of Maharashtra, it was held that it depends on the
facts and circumstances of each case. But the fact that the report was lodged
belatedly is a relevant factor of which the court must take notice. Further, in the case
of Vidyadharan v State of Kerala, it was observed that delay in lodging of FIR in rape
cases is quite natural in traditional bound society to avoid embracement and hence
should not be suspected. Only unexplained delay can be ground to arouse suspicion.
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Evidentiary Value of FIR
Although FIR is an important document and it sets the criminal law in motion. It is
not a substantive piece of evidence i.e. evidence of the facts recorded in it. A First
Information Report can be used to corroborate the information under Section 157 of
the Indian Evidence Act or to contradict under Section 145 of Evidence Act if the
informant is called as a witness at the time of trial.
If the FIR is given by the accused himself then it can be either:
I. Confessional FIR: If the FIR is confessional in nature it cannot be proved

against the accused-informant as it would be hit by Section 25 of the Indian
Evidence Act.
II. Non-confessional FIR: If the FIR is non-confessional in nature it can be

admissible in evidence uncle Section 21 of the Indian Evidence Act or showing
his conduct under Section 8 of the Evidence Act.
Cognizable Offence and Non Cognizable Offence
Cognizable offences
The punishment for each offence depends on the seriousness of the crime. Offences
that are punishable with not less than 3 years of imprisonment are serious offences
and are considered cognizable. The Criminal Procedure Code, 1973 (CrPC)
under Section 2(c) states that an offence that is punishable with death,
imprisonment for life, or imprisonment for more than 3 years shall be cognizable.
Cognizable offences are those in which the police can arrest the accused without a
warrant. The police can also begin an investigation without the permission of the
court. 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. Murder, rape, theft, kidnapping, dowry death, etc. are
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some of the examples of cognizable offences. These offences are both bailable, and
non-bailable.
Cognizance of offences by Magistrate
In Section 190, Any Magistrate of the first class and the second class may take
cognizance of any offence-
1. Upon receiving a complaint of facts related to offences.
2. Upon police reports of facts.
3. Upon information received from a person (other than a police officer), or

upon his own knowledge.
In Section 190(2), it is given that Second class magistrate can be empowered by

Chief Judicial Magistrate to take cognizance under Section 190(1).
Non-cognizable offences
An offence that is less serious in nature is considered non-cognizable. Section 2(l) of

the CrPC defines non-cognizable offences as those in which the police have no
authority to arrest without a warrant. These are mentioned in the first schedule of
the Indian Penal Code and are bailable. In these offences, the police cannot arrest
the accused without an arrest warrant and cannot start an investigation without the
permission of the court. Non-serious crimes such as assault, cheating, forgery,
defamation, public nuisance, etc. are non-cognizable offences.
As per Section 155 of the CrPC, if a police officer receives information about a non-
cognizable crime, he is supposed to enter the case in the station diary and refer the
informant to the magistrate. Only after receiving permission from the magistrate,
the police can start investigating the matter. After concluding its investigation, a
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charge sheet is filed with the court, which is then followed by a trial. If a case has
been made out, the court then issues a final order of arrest.
Powers of the police for Cognizable and Non-Cognizable Offence

In cognizable offence
Section 156 of the CrPC confers power upon the police to deal with cognizable
offences.
 When an FIR is filed at the police station and the offence is a cognizable one,
the police can initiate arrest without waiting for an arrest warrant from the
court.
 Investigation can be started as soon as the arrest is made and the

investigation is limited to the local jurisdiction of that police station.
 The police are bound to register an FIR if the information discloses a

cognizable offence. If the place of crime is outside the jurisdiction of the
police station, the police officer cannot refuse to register the report and
should forward it to the police station that has jurisdiction.
In non-cognizable offence
Section 155 of the CrPC provides the procedure that the police have to follow while
dealing with non-cognizable offences.
 In these cases, the police cannot arrest anyone without an arrest warrant
and initiate an investigation on their own without the consent of the
magistrate.
 The police officer has to get the order from the magistrate under Section
155(2) of the CrPC.
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 The police officer has to record the complaint filed and ask the complainant
to approach the magistrate having jurisdiction. After receiving permission
from the magistrate, the investigation can begin.
Procedure to be followed
The Criminal Procedure Code, 1973 lays down the procedure that the investigating
authorities and the rest of the legal system have to follow while dealing with
criminal cases. The approach that the police should have while dealing with
cognizable and non-cognizable offences is as follows:
In cognizable offence
1. The case begins as soon as a First Information Report (FIR) is filed at the
police station. It informs the police of the commission of a cognizable offence
by someone identified or unidentified. A copy of the FIR is given to the
complainant and a second copy is sent to the magistrate.
2. Investigation begins as soon as the information is recorded by the police

officer. The officer-in-charge appoints the appropriate policemen to go to the
spot and arrest the accused.
3. If the investigation requires searching for documents then the police can do
so and can order a person to produce relevant documents.
4. The arrested person is placed under detention and questioned up until he is

produced before the magistrate within 24 hours of the arrest including the
time taken to travel to the magistrate.
5. If the police find that the investigation cannot be completed within 24 hours,
they will then make an application to the magistrate and request him to
extend the period of custody. Based on the preliminary investigation, if the
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magistrate finds it appropriate, he can remand the arrested person for not
more than 14 days.
6. While investigating, the police are well within their rights to question
witnesses and record their statements. These can have a huge impact on the
case going forward.
7. The medical examination of rape or molestation victims is to be conducted

within 24 hours of the offence being reported.
8. After the investigation is concluded, a charge sheet is prepared and sent to

the magistrate. A report consisting of the FIR, witness statements, names of
parties, facts, and information gathered by the investigating officer is sent to
the magistrate.
9. Then the judge calls upon the parties and informs them of the preliminary
finding. At this stage, witnesses are brought forward and asked to make the
same statements that they made to the police, but this time under oath. The
accused has the option to plead guilty, and if he doesn’t then the case goes to
court.
In non-cognizable offence
1. In non-cognizable offences, the police are not permitted to arrest the

accused without an arrest warrant. An officer is not allowed to investigate a
non-cognizable case without the consent of the magistrate. This is provided
in Section 155(2) of the CrPC.
2. On receiving the order from the magistrate, the police officer can initiate an
investigation with the same powers he exercises in a cognizable case. Thus,
the procedure of investigation stays the same in both.
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Difference between cognizable and non-cognizable offences
S.no Basis Cognizable Non-cognizable

Cognizable offences are
Non-cognizable offences are
those in which the
those in which the
investigating authority
1 Meaning investigating authority cannot
can arrest the accused
arrest an accused without an
without an arrest
arrest warrant.
warrant.
Not required,
Required, investigation can
Permission investigation can be
2 begin only after the court
of court initiated as soon as an
issues an order.
FIR is filed.
Severity of Cognizable offences are Non-cognizable offences are
3
crime serious crimes. less serious.
Murder, theft, Assault, cheating, defamation,
4 Examples
kidnapping, etc. etc.
It is defined in the
It is defined in Section 2(I) of
Section 2(c) of the
5 Statutory Criminal Procedure Code
Criminal Procedure Code,
1973.
1973.
Difference between Reference and Revision
The main difference between Reference and Revision under the Code of
Criminal Procedure Code, 1973 following below-
1. The Reference is made when a question arises in the pending case as to the
validity of any Act, Ordinance, or Regulation and a determination of such
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question is necessary for the just decision of the case. while Revision is defined
from Section 397-402 of the Code.
2. Reference is made by the trial court to the High Court. The revision can be
initiated by the trial court suo moto or the High Court. Thus, Reference lies to
High Court only, but Revision lies to other Courts also.
3. Reference lies in pending cases only. The revision begins under the final
judgment or final order or final decision of the court and may lie in both pending
and decided cases.
4. There is one stage in reference, while in revision, there are two stages, i.e. (i)
Preliminary Examination and (ii) Reversal or Alternative Sentence or Order.
Difference Between Summon Case And Warrant Case
Points of
Summon Case Warrant Case
difference
Punishment Less than two years of More than two years of

Tenure imprisonment imprisonment
Dealt with under Chapter –XX of Dealt with under Chapter – XIX
Procedure
CrPC from Section 252 to 259. of CrPC from Section 238 to 250.
Framing of charges against the

Framing of Criminal charges
Charge accused is not necessarily to be
against accused person is
Framing done. But, only the particulars
mandatorily to be done.
must be conveyed to the accused.
It brings the accused person

It notifies the accused person
before the court, who has
Object that he is legally obliged to
ignored the summon has been
appear in court.
duly issued to him.
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It instructs to produce the In general, it authorizes a police

Content relevant documents and others officer to bring the accused
before the court. person before the court.
Discharge  Absence of the complainant.

of the  Absence of the complainant.  If no charges are framed.
accused  On the death of the  If the offence is non-
person, complainant. cognizable and
when? compoundable.
By no mean, a warrant case can

Conversion A summon case can be converted
be cannot be converted into
of case into a warrant case.
summon case
Difference between Investigation and Inquiry
Definition of Investigation
Investigation refers to the various legal actions, taken by the Police Officer, or by any
other person excluding the Magistrate, so authorized by the Magistrate in this
regard, for obtaining evidence, such as Central Bureau of Investigation (CBI).
Investigation begins when the officer in charge of the concerned police station, gets
information with respect to the commission of the offence. For this purpose, the
officer is empowered to demand the presence of all the individuals, who appear to
be aware of or having knowledge of the circumstances of the case. The investigation
is made by the police to:
 Collect evidence
 Interrogate the accused and record his/her statement
 Record the statement of witnesses
 Scientific analysis
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Definition of Inquiry
Almost all the investigation is followed by inquiry, which is nothing but a critical
examination by the judicial officer, i.e. Magistrate. It tends to evaluate and filter out
those cases, which have sufficient grounds that confirm the commission of the
crime, so as to forward them to the next level, which is Trial.
In simple words, Inquiry can be defined as probing and analysis of the case,
carried out by the Magistrate of the Court or the Court, so as to determine the truth
or otherwise of the case, so as to take legal actions. Evidence received by the
magistrate during the inquiry should be recorded. It encompasses:
 Cross-examination of the witnesses,

 Clearance of Doubt, and
 Inspection of the site, where the offence took place.
Comparison Chart
BASIS FOR
INVESTIGATION INQUIRY
COMPARISON
Meaning The investigation is the Inquiry is a legal process,
executive procedure of which is initiated with an aim
systematically of clearance of doubt, finding
collecting the facts and out the truth or furtherance of
evidence, and knowledge regarding the case.
determining the
circumstances of the
case.
Defined in Section 2 (h) of CrPC Section 2 (g) of CrPC
Conducted by Police Officer or any Magistrate or Court
other person
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BASIS FOR
INVESTIGATION INQUIRY
COMPARISON
authorized by
Magistrate.
Stage First Stage Second Stage
Objective Collection of facts and Determination of truth and
evidence falsehood of the allegations
Commencement When an FIR or When charge-sheet is filed.
complaint has been
lodged.
Ends in Filing of Police Report Framing of Charges
Nature of Administrative Process Judicial or Non-Judicial
Process Process
Acquittal
Acquittal in general terms means that the accused is innocent and has not
committed the offence he/she was accused of. The decision of acquittal is given by
the judge after inspecting all the evidence and hearing arguments of the defence and
the prosecution. It implies that no evidence has been brought up to prove that the
accused has carried out an offence as per the Code of Criminal Procedure, 1973.
Relevant provisions under CrPC
1. Section 232- Acquittal
If the Judge, after examining the evidence and arguments by the prosecution and
defense, is of the opinion that the accused is not guilty of the offence as he/she
believes there is no evidence backing the blame, an order of acquittal shall be given.
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2. Section 235- Judgment of acquittal or conviction
Section 235 states that after hearing out the arguments and points of law of the case,
the judge shall deliver his/her decision. In case of conviction of the accused, the
judge shall hear the accused on the question of sentence and pass it out according to
law, unless the judge has followed provisions of Section 360 which deals with the
release of the convict on probation due to good conduct or after admonition.
3. Section 248(1)- Acquittal by a magistrate
This section states that if the Magistrate finds the accused not guilty of any offence
under this chapter, he/she shall order a sentence of acquittal.
Statement of Accused under section 313
Significance of Examination of Accused
The Power of the Court to examine an accused is provided under Section 313 of the
Criminal Procedure Code, 1973.
This Section gives power to the court to examine an accused emphasising on the
principle of natural justice- audi alteram partem (no one should be left unheard).
Accordingly, the accused may be asked to furnish information regarding the
incriminating allegations made against him, which the Court accepts as an
explanation from the side of the accused. In the case of circumstantial evidence, it is
determined whether the chain of circumstances is complete or not. (Raj Kumar
Singh v. State of Rajasthan; AIR 2013 SC 3150)
Scope and Objective of Section 313, Cr.PC
In the case of Sanatan Naskar & Anr. v. West Bengal, the scope and objective of
Section 313 of the code was laid down as:
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1. To establish a direct dialogue between the accused and the court: by

putting all pieces of incriminating evidence against the accused before him
and providing a platform for the accused to provide an explanation.
2. To test the veracity of the Prosecution’s case: The examination of the

accused is not a mere procedural formality but is important to check the
acceptability of the prosecution’s case so established before the court.
Section 313, Cr.PC provides wide scope by accepting information from the accused’s
side after presenting all evidence of the prosecution proving incrimination of the
said person accordingly. (Sanatan Naskar & Anr. v. State of West Bengal; AIR
2010 SC 3507)
Methodology of Recording Statements
In Dehal Singh v. State of Himachal Pradesh, the court observed that the statement
of the accused under Section 313, Cr.PC shall not be administered under oath.
Accordingly, the statement would not be accepted as evidence under Section 3 of the
Indian Evidence Act, 1872.
The same regarding the administration of oath is provided in Section 313(2).
“313. Power to examine the accused-
(1) In every inquiry or trial, for the purpose of enabling the accused personally to
explain any circumstances appearing in the evidence against him, the Court-
(a) may at any stage, without previously warning the accused put such questions to
him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he is
called on for his defense, question him generally on the case:
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During Enquiry or Trials
An accused can be examined by the court under Section 313, Cr.PC for every enquiry
or trial.
Section 2(g) of the Cr.PC defined “enquiry” as:
“enquiry means any enquiry other than a trial conducted under this Code by a
Magistrate or Court”
A Trial commences after the charge has been made. An Enquiry does not result in a
conviction or acquittal, unlike a trial that commences the procedure resulting in
either/or.
Issue of Summon Under Section 204.
1. If in the opinion of a Magistrate taking cognizance of an offence there is

sufficient ground for proceeding, and the case appears to be—
 a summons-case, he shall issue his summons for the attendance of the

accused, or
 a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for

causing the accused to be brought or to appear at a certain time before
such Magistrate or (if he has no jurisdiction himself) some other
Magistrate having jurisdiction.
2. No summons or warrant shall be issued against the accused under Sub-Section

(1) until a list of the prosecution witnesses has been filed.
3. In a proceeding instituted upon a complaint made in writing, every summons

or warrant issued under Sub-Section (1) shall be accompanied by a copy of
such complaint.
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4. When by any law for the time being in force any process-fees or other fees are
payable, no process shall be issued until the fees are paid and, if such fees are
not paid within a reasonable time, the Magistrate may dismiss the complaint.
5. Nothing in this section shall be deemed to affect the provisions of section 87.
What charges can be tried separately also state its exceptions?
The general principle regarding charges as purported by Section 218 of the Code
Of Criminal Procedure, 1973 is that every offence of which a particular has been
accused shall come under a separate charge and each such charge shall be tried
separately and distinctly. This means that each offence has to be treated as a
separate entity and should be tried distinctively.
But, Section 218(2) carves out exceptions to Section 218(1). The provisions
of Section 219, 220, 221 and Section 223, override the provisions as mentioned
under Section 218 of the Code Of Criminal Procedure. This means that Section 219-
223 talks about the Joinder Of Charges.
The exceptions to Section 218
Exception 1
Three offences which are of the same kind, committed within a year may be charged
together: This section has been provided to avoid multiplicity of the proceedings
when the offences are of the same kind. It contains two circumstances:
1. According to Section 219(1), if a person has been accused of three offences

of the same kind then the person can be tried for all the offences together if
they have been committed within a span of twelve months from the first to
the last offence.
2. Section 219(2) talks about the offences which are of the same kind, also
punishable with the same quantum of punishment.
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Exception 2
Offences which are committed in the course of the same transaction and tried
together. It consists of the following:
1. If a person has committed a series of acts, such series of offences shall be

charged and tried together.
2. In case of offences of Criminal breach of trust or dishonest misappropriation

of property and their companion offences of falsification of accounts. Many a
time, the offences of criminal breach of trust or dishonest misappropriation
of property are committed along with the offence such as falsification of
accounts etc., the latter offence committed in order to fulfil the objective of
the former offence. In such cases, Section 220(2) enables the Courts to try
such offences together.
Exception 3
Section 221 provides for the cases wherein there is some doubt related to the
circumstances and incidents which took place during the commission of the offence.
According to this section, if the accused has committed a series of acts which lead to
confusion regarding the facts should be proved, the accused might be charged with
any or all of such offences or charged for alternative offences. In such cases, the
accused is charged for one offence and during the stage of evidence, if it is proved
that he has committed a different offence, he may be convicted for the same even
though he was not charged with the same.
Exception 4
Section 223 talks about the class of persons who can be tried jointly. This section
permits a joint trial of several persons under the specified circumstances as there
exists some nexus among the various offences committed. The various classes shall
not be treated as mutually exclusive and could be combined together if necessary.
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According to this section, the following classes of persons may be tried and charged
together:
1. The accused persons who have committed the same offence in the course of
the same transaction.
2. The persons who have committed a particular offence and those who have
abetted the commission.
3. The persons who are covered under the ambit of Section 219.
4. The persons who in the same course of the transaction have committed
different offences.
5. The persons who have committed offences such as theft, extortion, cheating,
or criminal misappropriation of the property along with the persons who
have received, retained, assisted in the disposal or concealment of property,
possession of which is illegal and has been alleged to be illegal.
Joinder of Charges
In the case of K. Satwant Singh v. State Of Punjab AIR 1960 SC 266, that the
sections of joinder of charges are not compelling in nature. They only permit the
joint trial of charges under certain circumstances, and the courts may consider the
same in the interest of the administration of justice after thoroughly studying the
facts and circumstances of each case.
Trial in Petty Cases
1. If, in the opinion of a Magistrate taking cognizance of a petty offence, the case
may be summarily disposed of under section 260 or section 261, the
Magistrate shall, except where he is, for reasons to be recorded in writing of a
contrary opinion, issue summons to the accused requiring him either to appear
in person or by pleader before the Magistrate on a specified date, or if he
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desires to plead guilty to the charge without appearing before the Magistrate,
to transmit before the specified date, by post or by messenger to the
Magistrate, the said plea in writing and the amount of fine specified in the
summons.
2. For the purposes of this section, “petty offence” means any offence punishable
only with fine not exceeding one thousand rupees, but does not include any
offence so punishable under the Motor Vehicles Act, 1931, or under any other
law which provides for convicting the accused person in his absence on a plea
of guilty.
3. The State Government may, by notification, specially empower any Magistrate

to exercise the powers conferred by Sub-Section (1) in relation to any offence
which is compoundable under section 320 or any offence punishable with
imprisonment for a term not exceeding three months, or with fine or with both
where the Magistrate is of opinion that, having regard to the facts and
circumstances of the case, the imposition of fine only would meet the ends of
justice.
Public Prosecutor
Section 2(u) of the Code of Criminal Procedure defines Public Prosecutor.
“A person who is appointed under Section 24 of CrPC and it also includes any person
who is acting under the directions of Public Prosecutor.”
In the case of Babu vs State of Kerala,
The Court observed that Public Prosecutors are ministers of justice who is duty
bound to assist the judge in the administration of justice.
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Functions
The functions of the Public Prosecutor differ according to their designation.
 Public Prosecutor- supervise the function exercised by the Additional

Public Prosecutor in Session Court and High Court.
 Chief Prosecutor- supervise the functions exercised by Assistant Public

Prosecutor in Metropolitan Magistrate Court.
 Additional Prosecutor- conduct criminal proceedings in the Session Court.
 Assistant Public Prosecutor- they examine the charge sheet prepared by

agencies and submit the acquittal or discharge. They also are responsible for
the evaluation of evidence and filing revisions petitions. They also conduct
the criminal proceedings in the Court of Metropolitan Magistrate.
 Director of Prosecution- it is the head office. They exercise the overall

control and supervision of officers of Directorate. They also look after the
Account Branches.
The objective of establishing a Directorate of Public Prosecutors is to supervise and

scrutinise the functions relating to various prosecution agencies at Assistant Session
level and Session level except at High Court.
Reasons for the Appointment of Public Prosecutor
Whenever any crime is committed against a group or individual, it is assumed that it

has been committed against society. It is the duty of the state to provide justice to
any group of society or person who is affected by the crime. In India, it is necessary
that the criminal justice system should function within the limits of the Indian
Constitution, which means that it is necessary for the Public Prosecutor to act in
accordance with the principles of:
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1. Equality before law

2. Protection against double jeopardy
3. Protection against self-incrimination
4. Protection against ex-post law
5. Right to life and personal liberty except procedure established by law
6. Presumption of innocence until proven guilty.
Trial of Warrant Cases by Magistrate
This trial is divided into two parts.
1. Trial of warrant cases by magistrate where case instituted on a police

report: Sections 238 to 243, 248, 249, 250.
2. Trial of warrant cases instituted otherwise than on a police report: Sections

244-250
Trial of Warrant Cases by Magistrate Where Cases Instituted On a Police

Report
1. Section 238: Compliance with section 207
In any warrant case instituted on a police report, when the accused appears or is
brought before a magistrate for the trial, the magistrate shall satisfy himself that he
has complied with the provisions of section 207 (supply the copy of police report
and other related documents to the accused).
2. Section 239: When accused shall be discharged
This section should be read with section 240. It is the duty of the court to frame the
charges, and therefore the court must consider the matter. This section says that the
magistrate has to record his reasons for discharging the accused.
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3. Section 240: Framing of charge
Section 240 not only authorises the magistrate to consider the police report and the
document sent with it under section 173 but to examine the accused if he thinks fit.
According to clause 2 of this section, the charge shall then be read and explained to
the accused, and he shall be asked whether he pleads guilty of the offence charged
or claim to be tried.
4. Section 241: Conviction on plea of guilty
After framing the charge if the accused pleads guilty, then the magistrate shall
record the plea and convict him according to his discretion.
5. Section 242: Evidence for prosecution
If the accused does not plead guilty, then the magistrate does not convict him, and
the magistrate shall fix a date for the examination of witnesses.
The proviso of this section says that the magistrate will supply in advance the
statement of witnesses recorded during the investigation by the police.
6. Section 243: Evidence for defence
The magistrate shall call the accused to enter in his defence and produce evidence
and will allow for cross-examination.
7. Section 248: Acquittal or conviction
The trial ends either in conviction or acquittal of the accused.
8. Section 249: Absence of complainant
If the complainant is absent on the day fixed for the hearing of the case, the
magistrate may in his discretion discharge the accused if-
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1. The offence is compoundable.

2. The offence is non-cognizable.
3. The proceedings have been instituted on the complaint.
4. The charge has not been framed.
Under this section, the magistrate has discretion. He may discharge the accused or
may proceed with the case. It is done by the magistrate before the charge has been
framed. After the framing of charge, the magistrate cannot discharge the accused
due to default of appearance by the complainant.
9. Section 250: Compensation for accused without reasonable cause
The person liable to pay compensation is a person on whose complaint or

information the accusation is made. Here, a person includes a juristic person also.
Compensation is awarded to the person who has suffered from the accusation and
not to his relatives. Before awarding compensation, the magistrate shall not only
record but also consider any objection which the complainant or informant raised
against the direction. The provisions are imperative (of vital importance) in nature
and must be complied with.
Trial of Warrant Cases Instituted Otherwise Than On a Police Report
1. Section 244: Evidence for prosecution
When a warrant case is instituted otherwise than on a police report, the accused
appears or is brought before a magistrate; the magistrate shall proceed for evidence
for the prosecution and summon the witnesses or document on the application of
the prosecution.
2. Section 245: When accused shall be discharged
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The discharge order can be passed when the magistrate finds that “no case has been
made out.”
3. Section 246: Procedure where accused is not discharged
If the magistrate is satisfied, then he can frame the charge and proceed further. The
charge shall be read and explained to the accused, and he shall be asked whether he
pleads guilty or not or has any defence to make.
According to clause 3, if the accused pleads guilty, the magistrate shall, according to
his discretion, convict the accused. If the accused does not plead guilty, then the
magistrate will move forward.
4. Section 247: Evidence for defence
The accused will be called to enter upon his defence and to produce evidence.
Conclusion of trial same as the trial which is conducted by the magistrate in warrant
cases, where case instituted on the police report (section 248 to 250).
5. Section 248: Acquittal or conviction
The trial ends either in conviction or acquittal of the accused.
6. Section 249: Absence of complainant
If the complainant is absent on the day fixed for the hearing of the case, the
magistrate may in his discretion discharge the accused if-
1. The offence is compoundable.

2. The offence is non-cognizable.
3. The proceedings have been instituted on the complaint.
4. The charge has not been framed.
7. Section 250: Compensation for accused without reasonable cause

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The person liable to pay compensation is a person on whose complaint or

information the accusation is made. Here, a person includes a juristic person also.
Compensation is awarded to the person who has suffered from the accusation and
not to his relatives. Before awarding compensation, the magistrate shall not only
record but also consider any objection which the complainant or informant raised
against the direction. The provisions are imperative (of vital importance) in nature
and must be complied with.
Procedure for TRIAL BEFORE THE COURT OF SESSION
The word ‘trial’ is undefined in the Criminal Procedure Code. The trial can be
defined as a type of inquiry with the object to determine the guilt or innocence of
the accused person. Warrant cases are triable either by the Court of Session or
Magistrate, whereas the summon cases are triable only by a Magistrate.
Please note that the Court of Session doesn’t take direct cognizance of the cases, but
the cases are committed to the Court of Session under section 209 of the Criminal
Procedure Code by the Magistrate if it is exclusively triable by Session court.
Procedure for Regular Trial
According to section 225 of the Criminal Procedure Code, the trial before the Court
of Session will be conducted by the Public Prosecutor.
1. Section 226: Opening Case for the Prosecution
When the case is committed to the Session Court, and the accused appears before
the Court of Session, the case will be opened for prosecution by the Public
Prosecutor by describing the charge and stating the evidence.
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2. Section 227: Discharge
Discharge is a mere suspension of the trial. After considering the evidence, if the
judge considers there aren’t sufficient grounds for proceeding against the accused,
he’ll discharge the accused after recording the reason. It will be a speaking order.
According to section 319 of the Criminal Procedure Code, Session Court has the
power to add any person against whom there appears sufficient evidence of his
involvement in the case and direct him to be tried with other accused.
3. Section 228: Framing of Charges
When the case is not exclusively triable by the Session Court, the judge may or may
not frame the charges and would transfer the case to the Chief Judicial Magistrate.
When the case is exclusively triable by the Session Court, the judge shall frame the
charges. The charge then shall be read and explained to the accused. The accused
shall then be asked if he pleads guilty or claims to be tried.
4. Section 229: Conviction on Plea of Guilty
It is the judge’s discretionary power. If the accused pleads guilty, his plea will be
taken on record, and the judge, upon his discretion, shall convict the accused or fix
the date for prosecution evidence under section 230 of the Criminal Procedure
Code.
5. Section 230: Date for Prosecution Evidence
Suppose the accused claims to be tried or does not pleads or refuses to plead or is
not convicted under section 229 of the Criminal Procedure Code. In that case, the
date will be fixed for examination of the witness or issue of process to call a witness
or for production of any object or thing.
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6. Section 231: Evidence for Prosecution
On the date so fixed, the judge shall record the evidence. The judge, upon his
discretion, shall postpone the cross-examination of the witness until other
witnesses are examined or recall any other witness for cross-examination.
7. Section 232: Acquittal
The court can acquit the accused if there is no satisfactory or conclusive evidence
that he committed any offence.
8. Section 233: Entering Upon the Defence
In case the accused is not acquitted, he shall enter upon his defence and adduce his
evidence. He may file his written statement or application for issue of any process.
But such application will not be accepted if it is with the intent to cause delay or
vexatious in nature.
Vexatious means ‘disorderly’ or ‘instituted without sufficient grounds and serving only
to annoy the defendant’.
9. Section 234: Arguments
When the evidence from the defence is concluded, the prosecution shall sum up the
case, and then the defence is entitled to reply.
10. Section 235: Judgement
After hearing the arguments, the judge shall deliver the judgement where he shall
either acquit or convict the accused. If the accused is to be convicted, there shall be a
hearing on the question of sentence.
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11. Section 236: Previous Conviction
Where a previous conviction is charged under section 211(7) of the Criminal

Procedure Code, and the accused refuses to admit it, the judge may, after conviction,
take evidence regarding that previous conviction.
MAINTENANCE UNDER THE CRIMINAL PROCEDURE CODE
Maintenance means giving necessary supplies to a person for survival. It includes

shelter, food, and clothing, and every aspect of human life, which is essential for
survival and existence.
Section 125 of the Criminal Procedure Code, 1973, provides maintenance for the
wife, children, and parents.
Section 125 of CrPC is secular in nature. It does not apply to any particular religion
or sect but to all individuals equally irrespective of their religion.
Why There Is The Provision Of Maintenance In CrPC?
It is a well-known fact that provisions relating to maintenance are provided in

personal laws as well. The Hindu Adoption and Maintenance Act, 1956, the Hindu
Marriage Act, 1955, and others provide provision for maintenance. Then what was
the need to add it in CrPC? This question always remains a doubt in the mind of
students.
The purpose of law relating to maintenance is given under the Criminal Procedure
Code, and not the Civil Procedure Code. This is to make the proceedings more strict.
The object was to remove destitution (poverty).
Order For Maintenance
A Magistrate of first-class may pass an order for maintenance to a person to give a

monthly allowance to his wife or child or parents.
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The amount for the allowance is not fixed. It may be any sum. The Magistrate, after
considering the family status and conditions, orders for maintenance to such person.
The order for maintenance is given when the person refuses or denies to maintain
his dependants like wife, children, or parents.
The dependants who are liable to be maintained by a person are:
1. Wife
2. Minor Child
3. Major Child
4. Parents
Maintenance to Wife
1. Wife of a person who is not able to maintain herself.
2. The term wife also includes a divorced wife who has not re-married.
3. If the wife is earning and earns sufficiently, then she can not claim
maintenance.
4. A wife shall not be entitled to maintenance from her husband if she lives in
adultery or refuses to reside (live) with her husband, or if she is living
separately with the mutual consent of both of them.
5. If a relationship is in the nature of marriage and essential characteristics of

marriage are found out, then a woman in a live-in relationship can also claim
maintenance.
6. If in case the wife surrenders her right of maintenance, the Magistrate shall
cancel the order of maintenance from the date of surrender.
Shailja vs. Khobbanna, 2018 SC
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In this case, the court said that a wife capable of earning and a wife actually
earning are two different things. They can’t be put under the same frame. The
earnings of women must be voluntarily earning and not be out of force.
If the survival of a wife is on begging or doing material work, it does not mean that
she is capable to maintain herself. The job of a wife must be such, which in turn can
satisfy the needs of the wife for sustenance.
But the court also needs to do the scrutiny of such circumstances where the wife
deliberately stops working or leaves work in order to seek maintenance from the
husband. In such a case, maintenance shall not be allowed by the court to a wife.
Maintenance to Minor
1. A person is a minor when he is under eighteen years of age.
2. A person is liable to maintain his minor children, whether legitimate or

illegitimate.
3. The concurrent responsibility of the father still persists when the husband of a
minor girl is also minor and does not have sufficient means to maintain her.
Maintenance to Major Child
1. A person is liable to maintain his major daughter not being married.
2. After marriage, the husband is the guardian of a wife. But till marriage, the
father is the guardian and caretaker of a major girl.
3. The father is liable for the maintenance of his major son only when he is
mentally or physically abnormal or in such a condition when he is unable to
maintain himself. For example, if he is paralyzed, then he is deemed to be
unable to maintain himself.
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Maintenance to Parents
It is the liability and duty of a person to maintain his father or mother if they are
unable to maintain themselves. Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 emphasizes upon the maintenance of old age parents who
because of any reason, are not capable of maintaining themselves.
Interim Maintenance
A party claiming maintenance may also file an application for the interim
maintenance during the pendency of proceedings. If the Magistrate thinks fit that
the party must be allowed with interim maintenance, then it shall give order to the
party for the monthly allowance for the interim maintenance.
The application for interim maintenance shall be disposed within 60 days from the
date of service of notice of the application to such a person.
The interim maintenance shall be payable from the date of order or if the Magistrate
orders, be payable from the date of application.
Non-Compliance Of Maintenance Orders
If the person to whom an order for maintenance is issued fails to give maintenance,
then the court may issue a warrant against such person for the imprisonment of one
month. The provision for punishing a person does not waive off the liability of a
person to maintain. It is a method to compel and levy the amount of maintenance
from such a person.
Procedure For Maintenance Under Section 125 CrPC
The procedure for maintenance may be taken against any person:
1. Where such a person resides. Or

2. Where he or his wife resides. Or
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3. Where he last resided (lived) with his wife or with the mother of the illegitimate
child.
If a person tries to avoid appearing in court, the Magistrate may hear the case ex-
parte. The order of ex-parte may be set aside if the person shows good cause for not
appearing in court. It can be set aside within three months from the date of the ex-
parte order.
STATEMENT AND CONFESSION UNDER SECTION 164 CRPC

Section 164 of the Criminal Procedure Code deals with the magistrate’s power to
record a confession and other statements. The confession so recorded can be used
as substantive evidence. In this law note, let us study the statements and
confessions under section 164 CrPC.
What is a Confession and what is a Statement?
A confession is a statement in which the suspect acknowledges his guilt of a crime.
A statement is the declaration of matter of fact.
Who is Competent to Record a Confession or Statement?
Irrespective of the fact whether they have jurisdiction or not, a confession or a

statement can be recorded by a Metropolitan Magistrate or by a Judicial Magistrate.
The proviso to section 164 of the Criminal Procedure Code provides that the police
officer to whom the powers of the magistrate have been conferred is not competent
to record confessions.
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When can a Confession or Statement be Recorded by the Magistrate?
A confession of a statement under section 164 of the Criminal Procedure Code can
be recorded:
1. either in the course of the investigation.
2. or anytime afterwards but before the commencement of inquiry or trial.
Manner or Safeguard taking by magistrate while Recording a Confession

under CrPC
Before recording a confession, the magistrate has to explain to the person

confessing that:
1. he is not bound to make such confession and
2. if he makes such a confession, it can be used against him as evidence.
Provisions of section 164 of the Criminal Procedure Code act as a safety valve to
prohibit involuntary confession. To ensure that the confession is made voluntarily
following directions are to be followed by the magistrate:
1. After giving the above-said warning, the magistrate should provide adequate time
to the accused to think so that he is free from police influence (when he comes
from police custody).
2. The accused will be asked about the treatment that he received in custody.
3. If there are any marks or injuries on the accused person’s body, he will be asked
how he received them.
4. If the accused is handcuffed, his handcuffs will be ordered to be removed.
5. If the accused expresses his unwillingness to make a confession, then he will not
be remanded to police custody.
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6. Accused will be asked the reason as to why he is making such a statement which
is against his self-interest.
7. The magistrate has to apply his judicial mind to ascertain that the accused
confessing is not under any kind of influence, threat or promise.
8. The court can reject a confession if it is not found to be perfectly voluntary.
How a Confession is Recorded under CrPC?
Section 164(4) of the Criminal Procedure Code provides that confession shall be
recorded in the manner provided under section 281 of the Criminal Procedure Code.
Section 281 of the Criminal Procedure Code is related to the mode of recording the
examination of the accused and the language of such record and examination.
It is to be noted that no oath shall be administered to the accused while making the
record. The record shall be read over to the accused in the language which he
understands.
A memorandum of substance will be prepared by the magistrate recording the

confession, and it will be signed by the accused and the magistrate.
The magistrate who records the confession statement shall then send the record
directly to the magistrate by whom the case is to be tried.
APPEAL
The word “appeal” has not been defined in The Code of Criminal Procedure, 1973,
(hereinafter CrPC), however, it can be described as the judicial examination of a
decision, given by a lower court, by a higher court. The Merriam-Webster dictionary
defines appeal as “a legal proceeding by which a case is brought before a higher court
for review of the decision of a lower court”.
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Section 372 – No appeal to lie unless otherwise provided
No appeal shall lie from any judgment or order of a Criminal Court except as
provided for by this Code or by any other law for the time being in force.
Provided that the victim shall have a right to prefer an appeal against any order
passed by the Court acquitting the accused or convicting for a lesser offence or
imposing inadequate compensation, and such appeal shall lie to the Court to which
an appeal ordinarily lies against the order of conviction of such Court.
Section 376 – No appeal in petty cases
Notwithstanding anything contained in section 374, there shall be no appeal by a

convicted person in any of the following cases, namely:
1. where a High Court passes only a sentence of imprisonment for a term not
exceeding six months or of fine not exceeding one thousand rupees, or of both
such imprisonment and fine;
2. where a Court of Session or a Metropolitan Magistrate passes only a sentence

of imprisonment for a term not exceeding three months or of fine not
exceeding two hundred rupees, or of both such imprisonment and fine;
3. where a Magistrate of the first class passes only a sentence of fine not
exceeding one hundred rupees; or
4. where, in a case tried summarily, a Magistrate empowered to act under section

260 passes only a sentence of fine not exceeding two hundred rupees:
SUMMARY TRIAL
Summary trial has been discussed under Chapter 21 of the Criminal Procedure Code
under section 260 to 265. The procedure for summary trial is the same as that of
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summons cases under Chapter 20 of the Criminal Procedure Code. In the summary
trial, the punishment cannot be for more than three months.
Competent Magistrate
The following Magistrate may try the case summarily:
 Chief Judicial Magistrate – Section 260(1)(a)
 Metropolitan Magistrate – section 260(1)(b)
 Judicial Magistrate Class I empowered by High Court – Section 260(1)(c)
 Judicial Magistrate Class II empowered by High Court- Section 261
Offences that can be tried summarily
Offences listed under section 260(1)(i) to 260(1)(ix) can be tried summarily;
1. offences not punishable with death, life imprisonment, or sentence of more

than two years
2. theft (value of stolen goods not more than two thousand rupees)
3. receiving and retaining stolen property (the value of stolen goods not more
than two thousand rupees)
4. assistance in concealment and disposal of stolen property (the value of stolen
goods not more than two thousand rupees)
5. Section 454 and 456 IPC
6. insult with intent to provoke a breach of peace and criminal intimidation
7. abetment of any of the listed offences
8. the attempt of any of the listed offences
9. act regarding which a complaint has been made under section 20 of the Cattle
Trespass Act 1871
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Procedure
The procedure to be followed in the summary trial is the same as that in summons
cases.
1. Section 251 – substance of accusation to be stated
When in a summons-case the accused appears or is brought before the Magistrate,

the particulars of the offence of which he is accused shall be stated to him, and he
shall be asked whether he pleads guilty or has any defence to make, but it shall not
be necessary to frame a formal charge.
2. Section 252 – conviction on plea of guilty
If the accused pleads guilty, the Magistrate shall record the plea as nearly as
possible in the words used by the accused and may, in his discretion convict him
thereon.
3. Section 253 – conviction on plea of guilty in absence of accused in petty

cases
1) Where a summons has been issued under section 206 and the accused desires
to plead guilty to the charge without appearing before the Magistrate, he shall
transmit to the Magistrate, by post or by messenger, a letter containing his plea
and also the amount of fine specified in the summons.
2) The Magistrate may, in his discretion, convict the accused in his absence, on his
plea of guilty and sentence him to pay the fine specified in the summons, and
the amount transmitted by the accused shall be adjusted towards that fine, or
where a pleader authorised by the accused in this behalf pleads guilty on
behalf of the accused, the Magistrate shall record the plea as nearly as possible
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in the words used by the pleader and may, in his discretion, convict the
accused on such plea and sentence him as aforesaid.
4. Section 254 – procedure when not convicted
(1) If the Magistrate does not convict the accused under section 252 or section
253, the Magistrate shall proceed to hear the prosecution and take all such
evidence as may be produced in support of the prosecution, and also to hear
the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the
accused, issue a summons to any witness directing him to attend or to produce
any document or other thing.
(3) A Magistrate may, before summoning any witness on such application, require
that the reasonable expenses of the witness incurred in attending for the
purposes of the trial be deposited in Court.
5. Section 255 – acquittal or conviction
(1) If the Magistrate, upon taking the evidence referred to in section 254 and
such further evidence, if any, as he may, of his own motion, cause to be
produced, finds the accused not guilt, he shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions
of section 325 or section 360, he shall, if he finds the accused guilty, pass
sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, convict the accused of
any offence triable under this Chapter which form the facts admitted or
proved he appears to have committed, whatever may be the nature of the
complaint or summons, if the Magistrate is satisfied that the accused would
not be prejudiced thereby.
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6. Section 256 – non-appearance or death of the complainant
(1) If the summons has been issued on complaint and on the day appointed for
the appearance of the accused, or any day subsequent thereto to which the
hearing may be adjourned, the complainant does not appear, the Magistrate
shall notwithstanding anything hereinbefore contained, acquit the accused
unless for some reason he thinks it proper to adjourn the hearing of the case
to some other day:
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases
where the non- appearance of the complainant is due to his death.
7. Section 257 – withdrawal of the complaint
If a complainant, at any time before a final order is passed in any case under this
Chapter, satisfies the Magistrate that there are sufficient grounds for permitting
him to withdraw his complaint against the accused, or if there be more than one
accused, against all or any of them, the Magistrate may permit him to withdraw
the same, and shall thereupon acquit the accused against whom the complaint is
so withdrawn.
8. Section 258 – power to stop proceedings in certain cases
In any summons-case instituted otherwise than upon complaint, a Magistrate of

the first class or, with the previous sanction of the Chief Judicial Magistrate, any
other Judicial Magistrate, may, for reasons to be recorded by him, stop the
proceedings at any stage without pronouncing any judgment and where such
stoppage of proceedings is made after the evidence of the principal witnesses has
been recorded, pronounce a judgment of acquittal, and in any other case release,
the accused, and such release shall have the effect of discharge.
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9. Section 259 – power of court to convert summon cases to warrant case
When in the course of the trial of a summons-case relating to an offence

punishable with imprisonment for a term exceeding six months, it appears to the
Magistrate that in the interests of justice, the offence should be tried in accordance
with the procedure for the trial of warrant- cases, such Magistrate may proceed to
re-hear the case in the manner provided by this Code for the trial of warrant-cases
and may recall any witness who may have been examined.
Punishment in Summary Trials
According to section 262(2), punishment in a summary trial cannot exceed more

than three months.
According to section 260(2), during the summary trial, if it appears to the

Magistrate that it is undesirable to try the case summarily, the Magistrate may recall
the witness already examined and rehear the case in any other manner provided in
the code.
Record in Summary Trial
The following information is to be filled in the form prescribed by the state

government:
1. Serial number of case

2. Date of commission of the offence
3. Date of report or complaint
4. Name of complainant
5. Name parentage residence of accused
6. Offence complained of
7. Plea of accused and his examination
8. Finding
9. The sentence or other final order
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10. The date on which the proceedings terminated
Judgement in cases tried summarily
According to section 264, in a summary trial in which the accused doesn’t plead
guilty, the Magistrate shall record the substance of the evidence, and he shall then
deliver a judgement.
According to section 265, High Court may authorize any Magistrate or any officer
appointed by Chief Judicial Magistrate to try a case summarily or to prepare such
record or to give judgement.
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KRISHNA INSTITUTE OF LAW

LL.B. – 5th Sem

Classes of Criminal Courts

Classes of Criminal Courts in India

Hierarchy of Criminal Courts

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About the six above-mentioned criminal courts.

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4. Courts of Judicial Magistrates of First and Second Class.

5. Court of Metropolitan Magistrates.

As per section 16(1), the state government is entitled to establish Courts of

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According to section 21(1) of CrPC, the local jurisdiction of the Executive

Bailable and Non-Bailable Offences

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Non-Bailable Offences are offences where bail is a matter of discretion. In these

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1. The nature and gravity of the accusation;

2. The past criminal record of the applicant includes the fact as to

3. The possibility of the applicant fleeing from justice.

Conditions For Grant of Bail In Bailable Offences

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Conditions for bail in bailable offence are:

Conditions For Grant of Bail In Non-Bailable Offences

1. If the accused is a woman or a child, bail can be granted in a non-bailable

1. Prem Shankar Prasad v. the State of Bihar, (2021)

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2. Kanumuri Raghrama Krishnan Raju v. State of Andhra Pradesh, (2021)

Difference between Bailable and Non-bailable offences

Basis Bailable offences Non-bailable offences

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In non-bailable offences, bail is

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When bail may be taken in case of bailable offence?

When bail may be taken in case of non-bailable offence?

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Penal Code(45 of 1860) or abetment of, or conspiracy or attempt to commit,

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According to this section, an arrest of a person consists (except in the case of

If a person commits an offence which is non-arrestable then a warrant is necessary

2. Arrest without warrant

An arrest without a warrant means when a police officer is entitled to arrest a

 When any offence is committed in the presence of a Magistrate, whether

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 Any Magistrate, whether Executive or Judicial, may at any time arrest or

4. Section 43: Arrest by a private person

 If there is reason to believe that he has committed a non-cognizable offence