CLASSES OF CRIMINAL COURTS, POWERS

AND JURISDICTION
Criminal Courts are established to impart justice to people and
punish the offenders that go against the law. The hierarchy is
established according to the rule book of the Code of Criminal
Procedure, 1973. The Judiciary derives its powers from the
Constitution of India.The Indian Judiciary is the guardian of the
Constitution of India, along with being a custodian of the
Fundamental Rights of the citizens.The Supreme Court of India is
the highest court and is a body constituted by the Constitution itself.
The High Courts of respective states are also provided by the
Constitution. The other criminal courts there power and functions
are provided by the Cr. P. C.

Supreme Court
▪ It is known as the successor of Federal Court in
India established under Government of Indian Act, 1935.
▪ British Privy Council was replaced by Supreme Court of
India.
▪ It marked its rst sitting on 28th of January 1950. The Union
Judiciary has a constitutional status under Articles 124 –
147.
▪ The location of Supreme Court of India is in New Delhi. It is
apex court in India and the nal authority to decide a case.
▪ The Supreme Court is constituted with 33 Judges and 1 Chief
Justice of India.
Jurisdictions
1. Original Jurisdiction under Article 131
2. Appellate Jurisdiction under Article 132 and 133
3. Advisory Jurisdiction under Article 143
4. Inherent Jurisdiction under Article 136
5. Review Jurisdiction under Article 137
6. Extraordinary Jurisdiction in the form of Public Interest
Litigation 7.Writ Jurisdiction under Article 32
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Powers
▪ Can hear the constitutional matters
▪ Guardian of the fundamental rights
▪ Advising the President
▪ Overseer of the Constitution
▪ Punish for its contempt – Court of Record
▪ Establish precedents
▪ Can craft rules and regulations for bar and bench
▪ Judicial review and judicial activism
▪ Resolution of dispute regarding the election of President and
Vice-President
▪ Transfer of cases from other courts to itself and from one High
Court to another
High Courts
▪ It is the apex court of a state.
▪ There can be one high court for two states.
▪ It is subordinate to the Supreme Court of India.
▪ The Indian High Courts Act in 1861 was passed after the
recommendation of the Law Commission tabled in the year
1858.
▪ Initially, the High Courts were established in Calcutta, Bombay,
and Madras in 1866. under Article 217(1) of the COI.
Jurisdictions
1. Original Jurisdiction under Article 225
2. Appellate Jurisdiction
3. Supervisory Jurisdiction under Article 227
4. Writ Jurisdiction under Article 226
Powers
Section 26- Triable courts
any offence under the Indian Penal Code (45 of 1860) may be tried
by the High Court
Section 28—A High Court may pass any sentence
authorised by law.
▪ Can punish for its own contempt – Court of Record
 ▪ Can hear an appeal in case any question of law is in the issue
under Article 228
▪ It has a consultative behavior
▪ Can entertain writ beyond violation of fundamental rights
▪ It was stated in the case of Harbanslal Sahnia v. Indian Oil
Corp. Ltd (2003) that HC can invoke a writ for violation of
fundamental rights or natural justice even if any alternate
remedy is available.

Classi cation of Subordinate Courts

Criminal Courts
▪ Session Judge
▪ Chief Judicial Magistrate
▪ Judicial Magistrate First Class
▪ Judicial Magistrate Second Class
▪ Executive magistrates

Constitution Of Criminal Courts And Their Territorial

Jurisdiction:

The criminal courts are constituted according to the Criminal

Procedure Code (Cr.P.C) 1973.

Section 6 of the Cr.P.C. provides that Besides the High Courts and
the Courts constituted under any law there shall be, in every State,
the following classes of Criminal Courts, namely:

• Courts of Session;
• Judicial Magistrates of the rst class and, in any metropolitan
area, Metropolitan Magistrates;
• Judicial Magistrates of the second class; and
• Executive Magistrates

Court of Session
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Section 9-The State Government shall establish a Court of Session
for every sessions division which shall be presided over by a Judge,
to be appointed by the High Court.
-The High Court may also appoint Additional Sessions Judges and
to exercise jurisdiction in a Court of Session. They are subordinate
of session judge and answerable to them (S-10)

What is Jurisdiction of Court of Sessions?

▪ Section 26 of the CrPC speci cally mentions that the Court of
Sessions can try any offence under the Indian Penal Code,
1860 (IPC).
What are Powers of Functions of Court of
Sessions?
▪ Conducting Trials:
◦ The Sessions Court is entrusted with the trial of serious
criminal offences, presiding over proceedings, and
delivering judgments based on the merits of the case.
◦ The judge ensures a fair and impartial trial, considering
evidence presented by both prosecution and defense.
▪ Appellate Jurisdiction:
◦ The Sessions Court functions as an appellate court,
hearing appeals from judgments passed by Magistrates
within its jurisdiction.
◦ This appellate role safeguards against errors or
miscarriages of justice at the lower court level.
▪ Revisional Powers:
◦ The Sessions Court exercises revisional powers over
Magistrates' proceedings within its jurisdiction.
◦ This mechanism allows the Sessions Judge to review
decisions for correctness, legality, or propriety, ensuring
justice prevails.
▪ Power to Award Punishment:
◦ The Sessions Court holds the authority to award
punishments, including imprisonment and nes, based on
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 the gravity of the offence and evidence presented during
the trial.
◦ The judge exercises discretion in determining an
appropriate sentence.

Courts of Judicial Magistrates

Section 11- In every district (not being a metropolitan area) there

shall be established Courts of Judicial Magistrates of the rst class
and of the second class by the State Government after consultation
with the High Court and of cers be appointed by High Court

Section 12- the High Court shall appoint a Judicial Magistrate of

the rst class Chief Judicial Magistrate,Additional Chief Judicial
Magistrate,Sub-divisional Judicial Magistrate

Section 13- High Court on request by Central or State may appoint

Special Judicial Magistrates not exceeding one year with all or
any power of judicial magistrate of rst class.

Section 14-Local jurisdiction of Judicial Magistrates

-The Chief Judicial Magistrate may de nes the local limits of the areas
within which the Magistrates operates except otherwise it shall extend
throughout the district
-provided special JM’s jurisdicate only in their speci ed area.

Section15-Subordination of Judicial Magistrates

-Every Chief Judicial Magistrate shall be subordinate to the Sessions
Judge; and every other Judicial Magistrate shall be subordinate to the
Chief Judicial Magistrate.

Courts of Metropolitan Magistrates

Section 16- In every metropolitan area, there shall be established as
many Courts of Metropolitan Magistrates by the State Government after
consultation with the High Court and of cers of such Courts shall be
appointed by the High Court.
Their jurisdiction and powers shall extend throughout the metropolitan
area.
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An area shall be declared metropolitan area when the population
exceeds 10 lakh or 1 million.

Section17- High court shall appoint a metropolitan judge to be

Chief Metropolitan Magistrate and Additional Chief
Metropolitan Magistrate

Section18- High Court Shall appoint Special Metropolitan

Magistrates on requested by the Central or State Government with
all or any of the powers on a Metropolitan Magistrate not
exceeding one year.

Section19-Subordination of Metropolitan Magistrates

-The Chief Metropolitan Magistrate and every Additional Chief
Metropolitan Magistrate shall be subordinate to the Sessions Judge;
and every other Metropolitan Magistrate shall be subordinate to the
Chief Metropolitan Magistrate.

POWER OF Magistrates
Section 27—Jurisdiction in the case of juveniles
Any offence not punishable with death or imprisonment for life,
committed by any person under the age of sixteen years, may
be tried by the Court of a Chief Judicial Magistrate or any court
mentioned in the Children’s act,1960

Section 29—Sentences which Magistrates may pass

-The Court of a Chief Judicial Magistrate may pass any sentence
for a term not exceeding seven years.
-The Court of a Magistrate of the rst class may pass a sentence of
imprisonment for a term not exceeding three years, or of ne not
exceeding 1 [ten thousand rupees], or of both.
- The Court of Magistrate of the second class may pass a sentence
of imprisonment for a term not exceeding one year, or of ne not
exceeding 2 [ ve thousand rupees], or of both.
-The Court of a Chief Metropolitan Magistrate shall have the powers
of the Court of a Chief Judicial Magistrate and that of a Metropolitan
Magistrate, the powers of the Court of a Magistrate of the rst class.
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 Section 30—Sentence of imprisonment in default of ne
-The Court of a Magistrate may add 1/4 of the authorised term of
punishment to the given sentence in default of ne

Executive Magistrates

Section 20- Executive Magistrates

-In every district and in every metropolitan area, the State
Government may appoint Executive Magistrates and shall
appoint one of them to be the District Magistrate.
-The State Government may appoint any Executive Magistrate
to be an Additional District Magistrate,
-Whenever of ce of a District Magistrate becoming vacant, any
of cer succeeds temporarily and such of cer shall exercise all
the powers and perform all the duties respectively conferred and
imposed by this Code on the District Magistrate.
-The State Government may place an Executive Magistrate in
charge of a sub-division and shall be called the Sub-divisional
Magistrate.
-The State Government shall delegate its powers to the District
Magistrate.

Section 21-Special Executive Magistrates

The State Government may appoint Special Executive
Magistrates for particular areas or for the performance of
particular functions. There is no time limit given.

Section 22-Local Jurisdiction of Executive Magistrates

Subject to the control of the State Government, the District
Magistrate may de ne the local limits of the areas within which
the Executive Magistrates may exercise.
- the jurisdiction and powers of every such Magistrate shall
extend throughout the district.

Section 23-Subordination of Executive Magistrates

- All Executive Magistrates shall be subordinate to the District
Magistrate, and every Executive Magistrate shall also be
subordinate to the Sub-divisional Magistrate
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Executive magistrates have the power to:

• Disperse unlawful assemblies—Executive magistrates can

use civil force to disperse assemblies that are unlawful or
could potentially disrupt peace.

• Intervene in land or water disputes—Executive magistrates

can intervene in disputes over land or water that could lead
to a breach of peace.

• Enforce warrants—Executive magistrates can enforce

warrants from courts outside their jurisdiction.

• Set bail amounts—Executive magistrates can set bail

amounts and impose conditions on people arrested by
courts outside their jurisdiction.

• Direct local investigations—Executive magistrates can direct

local investigations and examinations by experts.

• Issue conditional orders—Executive magistrates can issue

conditional orders to remove nuisances.

• Investigate unnatural deaths—Executive magistrates can

investigate unnatural deaths and conduct inquests.

• Require security—Executive magistrates can require

security to maintain peace and good behavior.

Conclusion: The hierarchy of the Courts has been developed

in such a manner that it becomes easy for everyone who is
living in this country to knock the doors of the courts
whenever a dispute arises. It provides a platform for the
citizens for appealing to higher courts, in case they feel that
justice has been denied to them by the lower courts. India is
a country with a huge population in it. Therefore, it needs
this existing system of Judiciary to prosper and makes its
process easier, so that people can approach it easily so that
Justice is given to all citizens of this country.
CHAPTER 8( SECTION 106-124)
SECURITY FOR KEEPING THE PEACE AND GOOD
BEHAVIOUR

These matters are contained in Sections 106 to 124 Part VIII

seeks to create a stable society by enforcing the
aforementioned proverb and ensuring peace and good
behaviour.
Security means providing a guarantee consistent with the
court’s satisfaction that a certain form of conduct is to be
upheld for a specified period by a certain person who is
concerned with such a thing.
Executing a bond is the prescribed mode of creating the
security that is required in order to ensure peace and good
behaviour.
The bond therein can be executed with or without sureties.
This whole procedure is a judicial one and not an
administrative one that is within the discretionary power of the
court.

In the Australian legal system, a “good behaviour bond” is one

of the prominent non-custodial sentences that is concerned
with imposing certain conditions to guarantee the offender’s
“good behaviour” for a stipulated period of time. Similarly,
Sections 108, 109, and 110 of the Code contain provisions
pertaining to taking security for good behaviour from persons
likely to commit offences.

HOW GOOD BEHAVIOUR IS DETERMINED

These provisions are enforced against any suspected persons

or habitual persons who are likely to commit offences. It is not
a punitive measure but a preventive measure to ensure that a
person who is likely to commit such offences is bound by a
bond. This behaviour is determined based on the accused’s
previous conduct and other surrounding factors.
Section 106- Security for keeping the peace and conviction
-nature of the judicial proceeding is of judicial
-Upon conviction by Court of sessions or Judicial Magistrate of rst
class for any offence mentioned in clause 2 such as :-
—any offence punishable under chapter 8 of IPC
—assault, mischief, or using criminal force
—breach of peace
—criminal intimidation
May order to execute a bond with/without sureties for keeping
peace not more than 3 years.
- such powers can also be exercised by the appellate court or court
exercising powers of revision.
- if conviction is ser aside due to appeal, the bond executed shall be
void.

Section 107- Security for keeping the peace in other cases

-Preventive and not punitive measure
-Power is exercised by Executive Magistrates
-Presence of suf cient ground for proceeding against person
information of committing breach of beach and public tranquility has
been received may order to execute a bond with/without sureties for
keeping peace not more than 1 year.
-information may be received from and public or private source.
-recording of opinion by Magistrate and preparing a notice under
section 111 is compulsory

Section 108- Security for good behaviour from persons

disseminating seditious matters
-When Executive Magistrates receives information on offences
either orally or in writing or other manner, intentionally or attempts
or abets dissemination of:-
—any publication matter punishable under section 124A,153A,153B
or 295A of IPC
—criminal intimidation or defamation under IPC
—makes, produces, publishes or sales, imports, exports public
exhibits, hires, distributes any obscene matters referred in section
292 of IPC.
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May order to execute bond, with/without sureties for good behaviour
not exceeding one year.
- no action shall be taken against any registered printer or publisher
under Press and Registration of books Act against any matter
published under the authority of the State government.

Section 109- Security for good behaviour from suspected

-Checking and controlling the person likely to commit the crime
-two conditions are important for applicability of this section
1—person must take precaution to conceal his presence
2—there is a reason to believe that the precaution is being taken
to commit a cognizable crime.
—concealment means wearing a mask or disguising someone and
an inquiry is important before application of this section
—the executive magistrate may order to execute a bond with/
without sureties for good behaviour not exceeding more than one
year.

Section 110- Security for good behaviour from habitual

offenders
-This Section is concerned with keeping habitual criminals under
control when there is a possibility of repetition.
-As per this provision, the executive magistrate can initiate
proceedings if information pertaining to the following persons is
received:
• A person who is a habitual offender, robber, house-
breaker, thief or forger.
• A person who is a habitual receiver of stolen property.
• A person who is a habitual protector or harbourer of
thieves or habitual abettor in the concealment or disposal
of stolen property.
• A person who is a habitual kidnapper, abductor,
extortioner, cheat or a person habitually committing
mischief, offences relating to coin stamps, etc.
• A person who is a habitual offender or abettor of a breach
of the peace.
 • Habitual offenders committing or attempting to commit or
abetting the commission of offences under the Acts like –
1. The Drugs and Cosmetics Act 1940
2. The FERA 1973
3. The Employees Provident Fund Acts 1952 etc The Custom
Act,1962
4. The Prevention of Food Adulteration Act, 1954
5. The Essential Commodities Act, 1955
6. The Untouchability (Offences) Act, 1955
7. The Customs Act, 1962
Such a magistrate may instruct or order him to show cause as
to why he should be ordered to execute a bond with sureties
for his good behaviour for a period not exceeding three years.

Section 111- Order to be made

As per Section 111, when a magistrate exercises powers under
Sections 107, 108, 109, or 110 against a person, that person
has to compulsorily show cause under the same section, and
the magistrate having jurisdiction shall make an order in
writing, representing the substance of the information
received, the amount of the bond that has to be executed, the
period of time for which it is to be in force, and the number,
character, and class of sureties if any are required.

Section 112- Procedure in respect of the person present in

court
If the person against whom such an order is made is present in
court, the order should be read and explained to him.

Section 113- Summons in respect of person not so present

-If such a person is absent from court, the magistrate can
issue a summons compelling him to appear, or when the
person is in custody, a warrant can be issued directing the
officer in charge to bring him before the court.
-If the magistrate upon information received believes that the
only way to prevent such a crime is arrest, then he can issue a
warrant of his arrest.

Section 114- Copy of order to accompany summons or warrant

Copy of the order shall be given to the person against whom it is
made
Section 115- Power to dispense with personal attendance
As per Section 115, the Magistrate may, based on valid
grounds, dispense with the personal attendance of any person
called upon to show cause why he should not be ordered to
execute a bond that ensures he wouldn’t undertake any illegal
act, which forms the basis of the show cause against such a
person
Section 116- Inquiry as to truth of information
-after order is made under S111, an inquiry as to truth information is
to be made
-summon prodecure is to be followed
-a time of 6 months is given from the day the magistrate starts
recording evidences and directs the parties to produce evidences
-evidence regarding general reputation of the offender is admissible
in court.
Section 117- order to give security
-a judicial order is passed after inquiry
-after completing the inquiry if the magistrate thinks that the person
should execute the bond or furnish securities, he shall order to do
so
-following considerations are made:
1-terms and conditions to be xed in the notice
2- amount of bond to be xed accordingly and not be excessive
3-in case of minor, bond to be executed by surety
Section 118- Discharge of person informed against
After inquiry if no evidence is found, order to release the person
shall be made

Section 119- Commencement of period for which security is

required
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 If an order for security is made and the person is undergoing a
sentence, it shall commence after the sentence is nished or
otherwise as ordered
-in other cases is shall shall on the date of order or if xed for later

Section 120- contents of bond

The bond to be executed by the person shall bind him to keep
peace and be of good behaviour and any attempt or abetment
against shall be considered breach of bond

Section 121- Power to reject sureties

-the sureties offered can be rejected by the Magistrate
-the ground for refusal or rejection that the surety is an un t person
for the bond
-the judicial inquiry can be made by the magistrate himself or a
subordinate

Section 122- imprisonment in default of security

-upon failure to give security, he shall be ordered to be detained in
prison
-a person committing breach of peace after executing a bond
without sureties maybe arrested and detained in prison until expiry
of the bond
-the imprisonment shall be simple
-in case of suspected persons or habitual offenders the
imprisonment can be simple or rigorous
-the maximum limit of such imprisonment is 3 years and where the
period of security exceeds one year, the proceedings shall be
placed before the sessions judge for orders
Section 123- Power to release persons imprisoned for failing to
give security
-the district magistrate and CJM have power to release the person
undergoing imprisonment for failure to give security if they think he
is not a danger to public peace
-the HC/C.O.S./orDm has the power to reduce amount of security or
number or he time for which security has be required
-The bonds can be cancelled by the said courts where there are
suf ce reasons to do so but it must be recorded in writing
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Section 124- security for unexpired period of bond
-when upon summons or warrant issued , a person appears is
brought before the magistrate or court, it shall cancel the executed
bond and shall order him to give fresh security for the unexpired
portion of the bond same as the original security.

Provisions under the Code of Criminal

Procedure, 1973
Maintaining public order and tranquillity is one of the major
objectives of every government. Chapter-X of the Cr.P.C being
the second branch of the preventive measures of the Code
deals the preventive provisions for maintenance of public order
and tranquillity.,

Chapter X of the Cr.P.C, titled as “Maintenance of Public Order

and Tranquillity” has provisions to lay down the mechanism of
the procedure to maintain public order and peace. The chapter
consists of an overall 21 sections which deal with the
procedural steps to be followed and taken in the maintenance
of public order and tranquillity. Section 129 to Section 132
deals with the provisions for unlawful assemblies.

Section 129: Use of civil force for dispersal of

an assembly
According to section 129 of Cr.P.C, the order to disperse
any assembly that is an unlawful one and likely to cause
disturbance to the public peace may be issued by-

1. Any executive Magistrate

2. Officer in charge of a police station or,
 3. Any police officer who is a sub-inspector or above the rank
of sub-inspector in the absence of such officer in charge
When an order is passed for dispersal, it shall be the duty of
the members of such assembly to disperse accordingly.

After an order for dispersal is disobeyed and do not disperse,

or the assembly shows determination of not to disperse, then
any Executive Magistrate or Officers as empowered
under subsection (1) of section 129 may use force in order
to disperse such unlawful assembly.

If necessary, even if any male person is not an officer or

member of armed force but acting as such, may arrest or
confine the members of such unlawful assembly and then they
may be punished by law.

In the landmark judgement of State of Karnataka v. B.

Padmanabha Behya, it was held by the Supreme Court that
when there is an event of firing by the police without lawful
orders of authority, the dependents of the deceased are
entitled to compensation by the State.

Under article 19(1)(b) of the constitution of India every

individual has a fundamental right to assemble
peacefully and without arms but reasonable restrictions can
be imposed in the interest of integrity and public order which
are to be regulated by the procedures laid down in Chapter X
of the Code of Civil Procedure.

Section 130: Use of armed forces to disperse

the assembly
Section 130 entitles the lawful authority to use force to
disperse the unlawful assembly when it is needed in the
interest of maintaining public security.
 1. When an unlawful assembly cannot be dispersed by any
other means, and when it is necessary for the public
security that such assembly should be dispersed, it can be
dispersed with the help of armed forces by the order of
Executive Magistrate of the highest rank present.
2. Such Magistrate may order any officer belonging to the
armed forces to take the help of armed forces under his
command to disperse the assembly. He is also empowered
to arrest or confine the members of such assembly in
order to maintain the public security in accordance with
the orders of the Magistrate. He has also power to have
them punished according to law.
3. While following the orders and taking any step to
maintain public security, he shall use as little force with
the objective of maintenance of public order.

Section 131: Powers of certain armed force

of cers to disperse the assembly
1. When the public security is endangered by an unlawful
assembly and no communication can be made with the
Executive Magistrate, in such cases certain armed force
officers are empowered to disperse assembly with the help of
the armed forces under his command, and may arrest and
confine any persons forming part of it.

2.While such armed force officer is acting under this section

and it becomes practicable for him to communicate with
an Executive Magistrate, he shall do so. After
communication is established, he shall henceforth obey the
instructions of the Magistrate regarding whether he shall or
shall not continue such action.

This section has been enacted in order to lay down provisions

to maintain public security in the case when no executive
magistrate can be reached so that the public order and
tranquillity can be maintained more efficiently.
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Section 132: Protection against prosecution
for acts done under proceeding sections
Section 132 states the Protection against prosecution for acts
done under preceding sections.

1. No prosecution shall be instituted in any Criminal Court

against any person for any act purporting to be done
under section 129, section 130 or section 131, except-

(a) when such person is an officer or member of armed forces

not under the sanction of the Central Government;

(b) in any other cases where sanction of the government is

required.

• The acts done by an executive magistrate or police officer

under any of the said sections should be with good faith.
• any person doing any act in good faith in compliance with
requisitions laid down under section 129 or section 130.

• when an officer of the armed forces is acting in good faith

under section 131.

• Any member of the armed forces shall not be deemed to

have committed an offence when he has done any act in
obedience to any order issued and which he was bound to
obey such order.

Essentials for bene t under Section 132

For having the benefit granted under section 132 of the
Code of Criminal Procedure, the officer has to fulfil certain
essential conditions:

1. There was an unlawful assembly.

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 2. That assembly was commanded to be dispersed.
3. The assembly did not disperse on the command to
disperse.
4. Or, if no command was given the conduct of assembly
seemed determined not to disperse.
In the above circumstances, the officer had to use force to
disperse the assembly.

Public Nuisances (Section 133-145)

The term public nuisance has been defined under section
268 of the Indian Penal Code. Though it is not so dangerous
and urgent as unlawful assembly, a public nuisance is a threat
to public peace and security.

Section 133: Conditional Order for removal of

nuisance
According to Section 133, a conditional order can be passed
by a District Magistrate, Sub- Divisional Magistrate or any
Executive Magistrate empowered by the state for removal of
public nuisance.

There are six categories of public nuisance which can be

resolved under this section:

1. To remove unlawful obstruction or nuisance to any public

place or to anyway, river or channel lawfully used by the
public.
2. To abstain the conduct of any trade or occupation or
keeping of any goods or merchandise which is/can be
injurious to health or physical comfort of the community.
3. Deconstruction of any building, or disposal of any
substance, as it is likely to occasion or explosion.
 4. To remove, repair a building, tent, or structure, or a tree
as it is likely to cause damage or injury to a person.
5. To fence tank, well or excavation near a public place or
way.
6. A dangerous animal that requires confinement, destruction
or disposal.
When a proceeding is instituted under section 133 of Cr.P.C,
a civil suit can continue parallel without any bar as held in the
case of Rakesh Kumar v. State of U.P.

A conditional order under section 133 of Cr.P.C is

mandatory and without it, no final order can be made. The
conditional order must specify the time period in which
the nuisance or obstruction is to be removed or resolved.
The order duly made under this section by a magistrate shall
not be called in question in any civil court.

Section 134: Service or noti cation of order

The order shall be served on the person against whom it is
made in the manner followed for service of summons. If cannot
be served, it shall be notified by proclamation or published in
such manner as the state government directs.

Section 135: Person to whom the order is

addressed to obey or show cause
According to section 135, When an order is served against a
person, he is left with two alternatives. He should have to
either-

1. Carry out the order by performing in accordance with the

directions given in the order.
2. he may show cause against the order issued.
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Section 136: Consequences of failing to obey
such order
According to section 136, If the person against whom the
order is issued fails to perform such act or appear and show
cause, he is liable to the penalty prescribed under section 188
of the Indian Penal Code, i.e., Disobedience to order duly
promulgated by a public servant.

In the case of Nagarjuna Paper Mills Ltd. v. S.D.M. & R.D.

Officer, Sangareddy, the court held that Sub- Divisional
Magistrate is empowered to pass an order under section
136 of the code to close factory causing pollution as it failed to
produce appreciation certificate from the Pollution Control
Board.

Section 137: Denial of Public Right

Section 137 lays down the procedure where public
rights are denied. Procedures laid down in section 137 are
mandatory before taking recourse on the procedure laid down
under section 138 of the Code of Criminal Procedure.

The requirements of this section are as follows.

• Firstly, that the party against whom a provisional order is
made shall appear before the magistrate, and deny the
existence of the public right in question.
• Secondly, the party shall produce some reliable evidence.
• Thirdly, such evidence shall be legal evidence and shall
support his argument of denial of public right in question.
If all these above-said conditions are satisfied,
the Magistrate’s Jurisdiction to continue the proceeding is
ceased.
As held in the case of Mani Mathai v. Uthuppu, on denial of
public right, the magistrate shall conduct a preliminary
inquiry.

Section 138: Procedure when he appears to

show cause
According to section 138, the magistrate shall take evidence
as in summon cases when the person against the order is
passed under section 133 of the Code of Criminal Procedure
appears and show cause against the order.

There can be two consequences:

1. If the magistrate is satisfied, the order shall be made
absolute with or without modification as required for
reasonable and proper
2. If the magistrate is not satisfied, further proceedings
shall not be taken in the case.
The proceeding cannot be dropped without taking evidence. It
is the duty of the Magistrate to take evidence as the ground of
order he has to make. As held in the case of M.L.
Gopalaswamy v. State of Mysore, it would be illegal to
make absolute a conditional order without recording evidence
and this requirement is mandatory.

Section 139 of the Cr.P.C empowers the magistrate to direct

local investigation for the purpose of an inquiry under section
137 and 138.

The power of magistrate regarding procedure and direction

investigation and to furnish written instructions has been given
under section 140 of the Code of Criminal Procedure.
Section 141: Procedure to be followed when
order is made absolute and consequences of
disobedience
The magistrate shall issue a notice when an order is made
absolute directing him to perform order within the time fixed in
the notice.

In case if the act is not performed, the magistrate can recover

the cost of performing by the sale of building, goods, other
immovable or any movable property.

No suit shall lie under this section should be used in good faith.

Section 142: Power to issue an injunction

Where immediate measure is required to prevent
any imminent danger or serious injury, an injunction can
be issued against whom the order is made under section 142
of Cr.P.C. The magistrate may himself use or cause to be used
such means to prevent such danger or injury if there is default
on the part of such person. The order issued under this section
such be made with good faith.

A District Magistrate or a Sub-divisional Magistrate, or any

other Executive Magistrate has been empowered
under Section 143 of the Code of Criminal Procedure to
prohibit repetition or continuance of public nuisance.
Section 144: Order to be issued in urgent
cases of nuisance or apprehended danger
Section 144 comes into play when there are urgent cases of
nuisance or apprehended danger.

Order can be issued under this section by the following.

1. District Magistrate
2. A Sub-divisional Magistrate
3. Any other Executive Magistrate specially empowered by
the State Government in this behalf.
When there is sufficient ground for proceeding under this
section, an immediate and speedy remedy is required for
maintenance of public order, directions can be issued by a
written order directing any person to abstain from certain acts
or issue an order with respect to certain property which is in
his possession.

Order under this section can be passed and directions can be

issued to prevent:

• Obstruction, damage or injury;

• Danger to human life, health or safety;
• Disturbance of the public tranquillity
• Riot
• Affray

Ex-parte order under section 144(2)

If there is a matter of emergency or where delay in the matter
in serving notice can lead to grave injury or damage, the order
can be passed ex-parte.
Nature of orders passed under section 144
• Temporary order
The order passed under section 144 is temporary in nature. As
held in the case of M.S. Associates v. Police Commissioner,
it was held that the order passed under section 144 is of a
temporary character. It does not acquire a permanent or semi-
permanent character merely on being repeatedly issued.

• Restrictive Order

The order passed under section 144 is a restrictive order and

not a mandatory order directing a person to do some act. In
the case of Kushumkumaree Debee V. Hemalinee Debee,
it was held that the magistrate is only entitled to issue
restrictive order, preventing a person from doing some act. He
cannot make a mandatory order and issue directions to do
some act. This section does not empower magistrate to make
a positive order.

Time Duration
According to section 144(3), an order issued under section
shall remain in force for a period not exceeding more than two
months.

But, in exceptional cases where the state government

considers it necessary in order to maintain public order and for
preventing danger to human life, health and safety, or to
prevent riot or affray, the order issued by magistrate can be
extended for a further period of six months.

As an example of section 144, one of the most famous

instances which you all have come across was the gathering at
Ramlila Maidan when section 144 was imposed at Ramlila
Ground, New Delhi and Baba Ramdev was arrested.
 Section 144A: Power of magistrate to prohibit
carrying arms in procession etc.
According to section 144A, for the maintenance of public
peace and security, the District Magistrate may prohibit
carrying of arms in procession, or organising or practising any
mass drill with or without arms within his local jurisdiction by
means of public notice or order.

The notice or order issued under this section can either be

issued against a particular person or a group of people
belonging to a particular community association or
organisation.

Disputes related to immovable

property(section 145-148)
Con icts over immovable property, such as land, water, crops, and
other products from the land, as well as the right to utilise such
properties, sometimes result in violence or killing, which pushes
people to commit crimes. Land con icts must be resolved by the
Civil Court since they are of a civil nature, i.e., between two parties
over a civil problem such as ownership of the land, the title to the
land, etc.

What happens when a party uses force to obtain land or otherwise

breaches the peace. In these situations, the law provides for an
alternative criminal proceeding under Section 145 of the Criminal
Procedure Code (CrPC) in order to stop a breach of peace and
fairly and justly protect the party's interests.

Dispute Criteria:

• That there is a dispute.

• That it might result in a breach of peace.
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 • That the disputed property includes buildings, markets, sheries, crops,
or other agricultural products, as well as the land's boundaries, rentals,
or pro ts.
• That the alleged possession occurred within two months of the
Magistrate's rst order.
• That it falls within the Magistrate's jurisdiction.
Example:
Let's consider a scenario where there is a dispute over a piece of land. The
criteria for the dispute to be addressed by the Magistrate are as follows:
A' approaches 'B' with other men carrying deadly weapons and tells him that
he will return on Monday and forcefully capture the land, ring a few bullets
into the air.

Being a short-tempered individual himself, "B" threatens "A" not to attempt to

capture the land on Monday and res a few rounds into the air as well.

In such a circumstance, the parties are extremely likely to engage in a deadly

ght. Therefore, in such a circumstance, if the Executive Magistrate is
informed by the police report or any other material that a breach of peace is
likely to occur, he might order the parties to appear in court and present their
written arguments to him.
Section 145: Breach of peace by a dispute
regarding land and water
Section 145 basically deals with disputes regarding
possession. The main objective of this section is to prevent
any breach of public peace by maintaining possession of one or
the other party which the court finds has the immediate
possession before dispute unless the actual rights are decided
by the civil court.

Under this section, when a report of police officer or

information of dispute which is likely to cause breach of peace
concerning land, water or boundaries is brought before
the Executive Magistrate and he is satisfied by such report
or information, he shall make a written order requiring the
parties to attend his court either in person.
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 According to subclause (3) of this section, the service of
order is to be done as the procedure laid down for the service
of summons under the Code of Criminal Procedure.’

Inquiry 145 (4)Inquiry as to possession

The Magistrate will then investigate possession in the following
steps. Regardless of the case’s merits, he must read the
submitted statements, hear the parties, receive any evidence
they may present, consider the impact of that evidence, obtain
any additional evidence he deems necessary, and, if possible,
determine which of the parties was in possession of the subject
at the time the order was made.

145(5)If there exists no con icts—The Magistrate shall cancel his

rst order and cease all future actions thereon if either party proves
that there is or has never been a dispute

145(7)If a party to one of these proceedings passes away, the

Magistrate may make the legal representatives of the deceased
party a party to the proceeding and will then continue the
investigation

[ Section 145(8)] If the Magistrate believes that any crop or

other product of the property that is in dispute is subject to
rapid and natural decay, he may order its custody or sale and,
after the investigation is complete, may make an appropriate
order for the disposal of that property or the proceeds of its
sale.
[Section 145(9)] On request from any party, the Magistrate
may, at any time during the proceedings under Section 145,
issue a summons to any witness requiring him to appear or to
produce any document or material.

There must be an apprehension of breach of peace and public

order for the magistrate to pass preliminary order. As held in
the case of Ram Pal Singh v. Bhagelu, a magistrate is not
bound to give preliminary order if he/she finds that there is no
apprehension of breach of peace.
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Before the Magistrate passes the final order, both parties
should be allowed to put forward their evidence before the
court. As held in the case of N. A. Ansary v. Jackiriya, the
opportunity to both parties for producing evidence before the
court is mandatory and if the opportunity is not given, the
proceeding is been vitiated.

The right under section is not merely procedural rights but

certain substantive rights as well and as held in the case
of Dhanbar Ali v. Haripada Saha, the procedures laid down
under this section have an integral connection with the
enjoyment of the immovable property and it should not be
dealt lightly by the trial court.

Section 146: Attachment and appointment of

a receiver
the magistrate can anytime order under section 146 for
attachment of the subject in dispute and appointment of a
receiver if:

• The Magistrate considers the case to be of an emergency

• he decides that none of the parties was in the possession
as referred under section 145
• He is unable to satisfy himself that which of either party
was in possession of the property in dispute.
When there is no longer felt that there are chances of breach
of peace, the order of attachment can be withdrawn at any
time by the magistrate.

When a receiver is subsequently appointed by the civil court

for the subject in dispute:

• The Magistrate shall issue an order against the receiver

appointed by him to hand over the possession to the
receiver appointed by the civil court.
 • Thereafter, discharge the receiver appointed by him.
• Make any other order as may be just.
In the case of Ranjit Singh v. Moti Lal Katiyar, it was held
that the power should be exercised by the magistrate with due
care and diligence and it should be exercised in limited cases
when immediate action is required to maintain peace and
prevent any breach of public order.

Before an order of attachment is passed, serving notice to the

opposite party is not mandatory as an opportunity of hearing
needs to be exempted in emergency cases as held in Krishna
Chandra Patel v. Khela Kuri Patel.

Section 147: Dispute regarding the right

of use land or water
Section 147 of Cr.P.C acts as an amplification of section
145. This section empowers the executive magistrate to
issue a written order against the parties to appear before the
court either in person or by pleader, if he is satisfied upon the
report submitted by the police or information of dispute which
likely causes a breach of peace due to a dispute regarding land
or water within the local jurisdiction.

The magistrate hears both parties in accordance of evidence

produced by both parties and decide the right of parties exists
or not applying provisions of section 145 in the inquiry. Order
can be issued by the magistrate prohibiting any interference
regarding the exercise of such rights.

Section 148- Provisions for local inquiry

According to section 148, when under section 145, 146 or
147, the necessity to conduct an inquiry is felt, a District
Magistrate or Sub-divisional Magistrate may depute any
subordinate magistrate to conduct an inquiry by issuing a
written instruction which may be necessary for his guidance.

After conducting an enquiry, the report is submitted and it may

be read as evidence in the case. For any cost incurred by any
party in proceeding under section 145, 146 or 147, the
magistrate can issue direction of payment by the party. The
order can be passed to make payment either in part and
proportion.

As held in the case of Lakhan Singh v. Kishun Singh, the

principle of natural justice should be followed and the party
should be given an opportunity to be heard before any adverse
order is passed against it.

Conclusion
Public Peace and security are necessary for every civilised
society and it is the duty of State to maintain public order and
tranquillity. The provisions of the Indian Penal Code and
the Code of Criminal Procedure lay down the provisions to
maintain public order and tranquillity.

Indian Penal Code states provisions and punishment for acts

which can be a threat to public peace and security while the
Code of Criminal Procedure states the procedure which needs
to be followed by the state to maintain the public peace and
tranquillity. The procedures under chapter X of Cr.P.C are to
be taken in urgent matters which are a threat to public peace
and security. Either the threat to public order is by an unlawful
assembly, a public nuisance or due to a dispute related to
immovable property, Chapter X of Cr.P.C contains procedures
to deal with such instances.
F.I.R
The term ‘First Information Report’ has not been defined in the
Code of Criminal Procedure. Rather the term has not been used
except in section 207 which requires the Magistrate to furnish
to the accused a copy of the First Information Report recorded
under section 154 (1) of the Code. The report first recorded by
the police relating to the commission of a cognizable case is
the First Information Report giving information on the
cognizable crime.

It may be defined as follows:

1. It is a piece of information given to the police officer.

2. The information must relate to a cognizable offence.
3. It is a piece of information reported first in point of time.
4. The victim of the cognizable offence or someone on his/
her behalf gives information and lodges a complaint with
the police.
This is the information on the basis of which investigation
begins. The FIR must be in writing.

In the State of Rajasthan v. Shiv Singh, the Rajasthan High

Court defined a First Information Report as ‘the statement of
the maker of the report at a police station before a police
officer recorded in the manner provided by the provisions of
the Code.’

The FIR marks the beginning of the journey of investigation

that is to be performed by the police officers. The police
officers, during the process of investigation, look for evidence
and possible witnesses who could testify for the commission of
the offence or the offence for which the FIR is filed. It is
essential that the person filing an FIR not give false
information with malicious intentions to hamper justice. An FIR
is a fundamental document that initiates legal proceedings by
providing significant information about the offence committed
or the apprehension of the same. It can be a criminal offence,
a public concern, or both. This document plays a major role in
providing direction to police officers as to in which direction
they need to proceed with the investigation. This document is
essential for both parties to the case.

Section 154(1) of the CrPC

Section 154(1) of the CrPC talks about the procedure for

recording an FIR. Cognizable offences that are reported orally
or in writing must be written down by the police officer. They
should be re-read by the officer for the person lodging the FIR
and signed by him thereafter. A copy of the report must be
given to the person lodging the FIR, i.e., the informant, free of
cost.

This Section lays out a brief outline of the process by which an

FIR must be recorded, documented, and acted upon by the
police officer.

Section 154(3) of the CrPC

Section 154(3) of the CrPC talks about the actions to be taken
if a police officer denies recording the FIR. In such cases, the
informant can go to the Superintendent of Police (also known
as the Deputy Commissioner in a Police Department).

Object

The main objective of filing F.I.R. is to set the criminal law in

motion. And also to enable the police officer to start the
investigation of the crime committed and collect all the
possible pieces of evidence as soon as possible.
The various objects of recording F.I.R. are:

• To inform the District Magistrate and the District

Superintendent of Police, who are responsible for the
peace and safety of the district, of the offence, reported at
the police station.
• To make known to the judiciary and judicial officers before
whom the case has to be ultimately tried, about the facts
and scenario which came out after the immediate
occurrence of the crime.
• To safeguard and protect the accused against subsequent
additions or variations.

Eligibility for filing FIR

There is no such hard and fast rule as to the eligibility of the person
filing the FIR. Anyone can give information about the commission of
a cognizable offense, and it is not at all necessary that the
aggrieved of such an offense can only lodge the FIR. It can even be
lodged by the Police officer who comes to know about the
commission of a cognizable offense.

In Hallu v. State of MP (1974), it was held that Section 154 of

the CrPC talks about the information that an informant holds
relating to the cognizable offence given to the officer in charge;
thus it is not necessary for the informant to have personal
knowledge of such an offence.

There are various types of FIR.

• General FIR-A general FIR is one filed by the aggrieved party

or the first party against another party in a general transaction
at the nearest police station.
• Zero FIR—Zero FIR is given the number “0” (zero) instead of a
serial number, hence the name. It is recorded regardless of the
location where the crime was committed. After registering Zero
FIR, the police station transmits it to the jurisdictional police
 station where the offence took place. When the appropriate
police station receives the Zero FIR, it is assigned a serial
number and turned into a regular FIR.
• Cross FIR-The other party (accused) may file an FIR against
the complainant after the FIR is filed. This is called a cross FIR
or counter FIR.The filing of the counter FIR may be motivated
by personal animosity or any malicious purpose to perplex the
Court, or it may be used as a weapon to negotiate a future
settlement and entice the complainant to retract the initial FIR.
• Multiple FIR—Multiple FIR is when aggrieved parties file
multiple FIRs with the same cause of action. Multiple FIRs will
be submitted only if the subsequent informer accounts for a
completely new version of the alleged occurrence.

Procedure to file an FIR in the police station:

To file an FIR in the police station, consider the following steps.
Step 1: Go to the nearest police station and tell them everything
you know about the situation.
Step 2: You can either tell the officer about the situation verbally, for
example, what happened? How did you figure that out?
Alternatively, jot down the data on your own.
Step 3: If you tell the police something verbally, the duty officer
must write it down and record it in the General or Daily Diary.
Step 4: You must bring two copies with you if you’re filing a written
complaint. One will be given to the duty officer, while the other will
be returned to you.
Step 5: After you submit the information, the police will review all
the details.
Step 6: You will then read the information that the police have
recorded.
Step 7: You must sign the FIR after the police have recorded the
information.
Step 8: Only sign the report after double-checking that the
information recorded by the police matches the information you
provided.
Step 9: You will be given a free copy of the FIR with an FIR
number, the date of the FIR, and the name of the police station.
Make certain that both copies are stamped. A DD Number, or Daily
Diary Number, is stamped on the FIR. It’s proof that your complaint
was received

Conditions that must be met to file FIR:

The following requirements must be met to qualify as an FIR

under Section 154:

• It is information on the commission of a criminal offence;

• It is provided orally or in writing by the informant;
• It should be reduced to writing by the officer in charge of a
police station or under his direction if presented orally, and it
should be signed by the person giving it if delivered in writing
or reduced to writing
• The substance of the information shall be recorded in a book
in the manner prescribed by the State Government. (‘General
Diary’)
• There must be something in the form of a complaint or
accusation regarding the occurrence of a cognizable offence
for the information to be classified as an FIR
It was held in Damodar v. State of Rajasthan (2011) that if the
information was conveyed to police by telephone and a DO
entry was made, it would not constitute an FIR even if the
information disclosed the commission of the cognizable
offence.
Evidentiary Value of F.I.R.

An FIR is not a substantive piece of evidence. That is, it cannot

be considered as evidence of facts stated therein. However, FIR
may be used for the following purposes:
 1. It can be used to corroborate an informant witness u/s
157 of Evidence Act. But it cannot be used to contradict or
discredit other witnesses.
2. It can be used to contradict an informant witness u/s 145
of Evidence Act.
Delay in Filing FIR

The object of early filing of F.I.R. to the police as soon as

possible, in respect of the commission of the offence is to
obtain and receive fresh information regarding the
circumstances and facts which tend to result in the commission
of the offence. The FIR shall have better corroborative value if
it is recorded and taken before the informant’s memory fades
and before he starts to forget the facts. Thus, if there is a
delay in lodging FIR and the delay is unreasonable and
unexplained, it is likely to create scope for suspicion or
introduction of a concocted story by the prosecution. It is the
duty of the prosecution to explain the delay in lodging FIR. If
satisfactorily explained, it does not lose its evidentiary value.
However, mere delay in lodging FIR is not fatal to the
prosecution case.

In Raghbir Singh v. The State of Haryana, It was held that

going to the hospital due to the condition of the victim for
saving his life instead of going to the police station first was a
reasonable and valid explanation for the delay in filing F.I.R.

Delay in Filing FIR in Case of Rape

In cases of rape and other sexual offences, the case is not only
related to the victim but also with the family of the victim.
Many times due to shame and honour they do not contact the
police immediately. Therefore the courts have consistently
ruled that delay in a case of sexual assault cannot be equated
with the case involving other offences.

In Harpal Singh v. State of Himachal Pradesh, It was held

that ‘delay of 10 days in lodging the first information report
stands reasonably explained when the prosecution stated that
as the honour of the family was involved, the members needed
time to decide whether the matter should be taken to the court
or not.

Rights of a person lodging FIR

There are certain rights and protections given to the person
who is lodging an FIR in the interest of justice, and those are:

1. The informant has the right to receive copies of the FIR

and related documents as soon as they are filled out by
the police officer in charge, as per Section 154(2).
2. The informant has the right to receive the information in
case the police officer does not conduct an investigation
on insufficient grounds. This right is vested with us
under Section 157(2).
3. The police officer must deliver a copy of the report
submitted by him for the inquiry by the magistrate. As
per Section 173(2)(i) and (ii), the informant must have
knowledge of the actions taken by the police officer.
4. If the magistrate issues the process, then the informant
must be given notice and a fair chance of getting heard by
the magistrate.

Conclusion

FIR (First Information Report) is a document where the first

information about the commission of a cognizable is recorded. It is
important for both the person filing it and the Police. Its registration
sets the criminal law into motion, and the Police start investigating
the crime allegedly committed. The statement may be registered
either orally or in writing. If the information is given orally, the Police
officer must produce the orally given statement in writing and get it
either signed or marked off the thumb impression of the informant.
 Concept of Bail
Introduction
▪ The concept of Bail is provided by Chapter XXXIII (Thirty-
Three) of the Code of Criminal Procedure, 1973
(CrPC) titled ‘Provisions as to Bail and Bonds’. It consists
of Sections 436-450.
◦ Bail means short-term release of an accused person
awaiting trial.
▪ Bail is the judicial release of an accused charged with a
certain offence by imposing some restrictions on him and
compelling him to remain within the jurisdiction of court.
◦ The concept of bail has come under the extent of
human rights since the United Nations Declaration of
Human Rights of 1948.
Legal Position of Bail
The term ‘Bail’ has not been de ned under CrPC. Only the
term ‘Bailable Offence’ and ‘Non-Bailable Offence’ has been
de ned under Section 2(a) of the Code.

Bailable Offences
▪ According to Section 2(a) of CrPC bailable offence means
an offence that is classi ed as bailable in the First
Schedule of the Code, or which is classi ed as bailable under
any other law.
▪ Under Section 436 of CrPC a person accused of a bailable
offence at any time while under arrest without a warrant
and at any stage of the proceedings has the right to be
released on bail.
▪ An accused can claim bail as a matter of right if he is
accused of committing a bailable offence.
▪ The Police Of cer or any other authority has no right to
reject the bail if the accused is ready to the furnish bail.
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Non-Bailable Offences
▪ Any offence not mentioned as bailable under the First
Schedule of CrPC or any other law is considered as non-
bailable offence.
▪ A person accused of a non-bailable offence cannot claim
bail as a right. Section 437 of CrPC provides for when bail
may be taken in case of non-bailable offence.
▪ A person accused of non-bailable offence can be granted bail
provided the accused does not fall under the following
grounds:
◦ There are reasonable grounds to believe that he
committed an offence punishable with death penalty
or life imprisonment.
◦ That the accused has committed a cognizable offence
and he had been previously convicted of an offence
punishable with death, imprisonment of seven years
or more.
◦ That the accused had been previously convicted on
two or more occasions of commission of a
cognizable offence punishable with imprisonment for
three years or more but not less than seven years.
◦ There are exceptional cases in which law gives
special consideration in favour of persons i.e., where
the accused is a minor, a woman, a sick person etc. by
virtue of Section 437(1) of CrPC.
Who can grant Bail?
▪ In case of a Bailable offence - Of cer in charge of Police
Station/ Court as per Section 436(1) of CrPC.
▪ In case of Non Bailable offence – Court (of any level) as
per Section 437(1) of CrPC.
▪ Anticipatory Bail can be granted by Session Court or High
Court according to Section 438(1) of CrPC.
Different types of Bail
▪ Regular Bail: The court orders the release of a person who is
under arrest, from Police custody after paying the amount as
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 bail money. An accused can apply for regular bail
under Section 437 and 439 of Crpc.
▪ Interim Bail: This is a direct order by the court to
provide temporary and short-term bail to the accused until
his regular or anticipatory bail application is pending
before the court.
▪ Anticipatory Bail: A person under apprehension of arrest
for a non-bailable offence may apply for anticipatory bail to
the High Court or the Court of Session under Section 438
of CrPC.
Conditions while Granting Bail
▪ According to Section 437(3), while granting bail to 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 Penal Code,1860 (IPC),
the court shall impose following conditions:
◦ Such person shall attend in accordance with the
conditions of the bond executed under this Chapter.
◦ Such person shall not commit an offence similar to
the offence of which he is accused, or suspected, of the
commission of which he is suspected.
◦ Such person shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the Court or to any
police of cer or tamper with the evidence.
Special Powers of High Court or Court of
Session Regarding Bail
Section 439 of CrPC accords certain special powers to both High
Court and Sessions Court with respect to Bail. They are as
follows:
▪ Court may direct that any person accused of an offence and in
custody be released on bail and may impose any condition
which it considers necessary.
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 ▪ Court may direct that any condition imposed by a Magistrate
when releasing any person on bail be set aside or modi ed.
Landmark Case Laws
▪ Moti Ram & Ors vs State Of M.P (1978):
◦ The right to seek release on bail under Section 436(1)
cannot be undermined indirectly by imposing an
unreasonably high bond amount or bail bond requirement
on the individual seeking release.
▪ K. S. Layak v. State of A.P (1981):
◦ It was held by the Andhra Pradesh HC that while granting
bail on conditions, any condition which is in derogation of
an accused’s fundamental rights cannot be imposed.
▪ Gurcharan Singh & Ors v. State (Delhi Administration)
(1978): The Supreme Court (SC) opined that:
◦ There are no provisions in the CrPC that describes time
duration for disposal of grant of pre-arrest anticipatory
bail.
◦ The concerned court has the discretion to impose
conditions for grant of anticipatory bail including a
limited period of protection etc., subject to considering
any special circumstances required.
▪ Gurbaksh Singh Sibbia v. The state of Punjab (1980):
◦ It was held by 5 judge constitution bench of the
SC that Section 438(1) of CrPC is to be interpreted in the
light of Article 21 of the Constitution of India.

Cancellation of Bail
▪ The settled doctrine by the Supreme Court of India is
that ‘Bail is the rule and jail is an exception’ but if cogent
grounds are established, the courts are enshrined with
powers to cancel the bail of a person.
▪ The Lower Courts, including those of Magistrates, have the
authority to cancel bail under Section 437(5) of CrPC,
whereas the High Court and Court of Session have the
authority under Section 439(2) of the Code.
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 ▪ The court needs to consider following circumstances before
cancellation of bail:
◦ The nature of the accusation (gravity and severity of
offence).
◦ The severity of punishment.
◦ Taking into consideration the position or status of the
accused, i.e., whether the accused can exercise in uence
on the victim and the witnesses or not.
◦ Capacity of the accused to obstruct the due course of
justice.
◦ Possibility of repetition of offence when on bail.
◦ The prima facie satisfaction of the court in support of the
charge.
◦ The different and distinct facts of each case and nature of
substantive and corroborative evidence.
◦ Likelihood of accused to approach the victims/witnesses.
◦ Likelihood of accused absconding from proceedings.
◦ Possibility of accused to tamper with evidence.

Conclusion
The right to life and personal liberty is a fundamental right granted
by the Constitution of India. The Indian judicial and legal systems
have time and again given priority to grant of bail when warranted.
As nothing can be understood in absolute sense, in terms of bail as
well there is need to implement checks and balances so that the
provisions of law are not misused.
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 CHAPTER 12 (S-154-175)
POLICE INVESTIGATION
Introduction
▪ In India, the crimes are investigated by the procedure provided
in the Code of Criminal Procedure, 1973 (CrPC).
◦ Section 2(h) of the code de nes the term ‘investigation’
as all the proceedings conducted by the police of cer to
collect the evidence associated with the crime.
▪ At the beginning of any investigation, the crimes are identi ed
as cognizable and non-cognizable offenses, and then,
according to the nature of the crime, the investigation
proceeds.
▪ The authority of the police to investigate a crime is mentioned
in Section 156 of CrPC. Generally, the investigation mainly
consists of the following steps:
◦ Filing of a First Information Report (FIR).
◦ Investigating the location of the crime.
◦ Collecting evidence and interrogating the relevant
persons.
◦ Finding the suspect.
◦ Filing of chargesheet.
◦ If found innocent, then acquitted.
◦ If found guilty, then punishment is given.
Cognizable and Non-Cognizable Offences
Cognizable offences
▪ It is de ned under Section 2(c) of the CrPC. These are the
wrongs done against society i.e., against the public at large.
▪ These are the serious kind of offences in which
the punishment is more than 3 years with or without ne.
Crimes like dowry, murder, rape, etc. fall under this category.
◦ The offences in which the police can arrest a suspect
even without an arrest warrant.
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 Non-Cognizable Offences
▪ It is de ned in Section 2(i) of the CrPC. In these kinds of
crimes, an arrest warrant is required to make the arrest.
Crimes like defamation, battery, and assault come in this
category.
▪ Non-cognizable offences are less serious in nature for which
the punishment is less than 3 years with or without the
ne.
Section 156 -police power to investigate
cognizable offences
▪ Section 156 of the code confers upon the police of cer the
power to investigate a cognizable offence without order
from the magistrate and no proceeding can be question on the
ground of no authority.
▪ In the cases of cognizable offences, the of cer in charge of
the police station has to le the FIR in written form and get
the same signed by the petitioner, only then the investigation
can start.
▪ Any magistrate can also order the investigation of
cognizable offences under the power given to him
by Section 190 of CrPC.
▪ Case- Bateshwar Singh vs State of Bihar, any magistrate
means judicial magistrate, executive magistrate cannot direct
investigation of cognizable offences
▪ Case-Hari Singh vs State of U.P: failure of police to investigate
cannot invoke writ petition for C.B.I investigation
▪ Case- P.Sirajjudin V.s State of Madras- 2 prosecution
witnesses were pardoned by investigating of cer which is not
under their authority
▪ Case Jamallu Vs. State of Rajasthan- F.i.R does not have to
be an encyclopaedia, not necessary to give every detail
▪ Case Sona Lal vs State of Punjab- F.I.R is not substantive
evidence, further investigation is needed
▪ Dilip K Basu vs State of Bengal- Investigation involving
women- will require presence of women constables
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Information of the Crime
▪ This is the rst and the most important step of
the investigation.
▪ The police will le the FIR as per the information provided
by the victim. Also, a copy of the FIR will be given to
the victim free of cost.
Procedure of the Investigation
▪ Section 157 of the CrPC provides the preliminary inquiry
method.
◦ According to this, after receiving the information about
the crime, the of cer in charge of the police station is
empowered to investigate the case and to send the
report of the same to the Magistrate, who would then
take cognizance of the case.
▪ The police need to go to the crime scene to collect
evidence and arrest the suspect if needed.
◦ They can also deny investigation on the grounds that the
case involves some non-cognizable offences, which
cannot be investigated without the order of the
Magistrate.
▪ If the investigating of cer does not nd any reasonable
grounds to investigate, then he is not bound to investigate,
and he can inform the reasons for the same to the
magistrate.
Sending the Reports to the Magistrate
▪ Under Section 157 of CrPC, ‘police report’ needs to be sent
to the magistrate to inform him of the reasons on whose basis
the suspicion of a crime having been committed, is founded.
Thus, it informs the Magistrate that the particular case is being
investigated by the police.
▪ The Magistrate cannot stop the investigation process once
it has been started, hence this sending of the police report is
merely a formality.
▪ Apart from this report, a ‘ nal report’ is also sent to him at
the end of the investigation under Section 173.
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 The Order to Investigate by the Magistrate
▪ Section 159, the Magistrate receiving the report of a police
of cer under Section 157, may direct an investigation, or if
he thinks t, may at once proceed to depute any
subordinate magistrate to proceed to hold a preliminary
enquiry.
▪ Section 159 is primarily meant to give to the magistrate
the power of directing an investigation in cases where the
police decide not to investigate the case under the proviso (b)
to Section 157(1). He can also order investigation by an
of cer-in-charge of a police station, but not by senior police
of cer.
Identi cation & Attendance of the Witnesses
The power to identify and address the witnesses is enshrined
under Section 160 of CrPC.
▪ After investigating the crime and nding all the necessary
pieces of evidence, suspects, and witnesses, the police
of cer has the authority to call any person who appears to
be acquainted with the facts and circumstances of the case,
to be present for interrogation.
Examination of Witnesses by Police
▪ Section 161 deals with the oral examination of witnesses by
the police. They are required to answer each and every
question asked by the police during the interrogation.
▪ However, they are not bound to answer such questions the
answers to which have a tendency to expose him to a criminal
charge, or to a penalty, or forfeiture. In such cases, the person
may refuse to answer the question.
Recording of Statements or Confession by
Magistrate
▪ Section 164 empowers the Magistrate to record the
statements, or the confessions made by any person during
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 the whole investigating process, or before the
commencement of the inquiry or trial.
▪ If someone does not want to make a confession, then
the magistrate cannot force him to do so.
Cases where Investigation Cannot be
Completed within 24 Hours
When an investigation cannot be completed within 24 hours,
Section 167 provides the Magistrate with certain
powers in relation to the procedure. In the following
situations, Section 167 is invoked:
▪ When a suspect is arrested without a warrant and taken into
custody by a police of cer.
▪ The investigation took more than 24 hours.
▪ The accused is brought before the Magistrate by the of cial in
charge of a police station or an investigative of cer not
below the level of sub-inspector.
▪ The Judicial Magistrate to whom the accused is transferred
may order that he can be held in custody for a period of not
more than 15 days (about 2 weeks). If the Magistrate does
not have jurisdiction to try the matter and believes that
continued detention is unjusti ed, the accused will be
forwarded to the Magistrate who does have jurisdiction.
▪ If the Magistrate has reason and grounds to believe that
detention of the accused is necessary, he may do so.
However, in any case, the Magistrate cannot order
detention for more than:
◦ For serious offences with a punishment of
imprisonment for more than 10 years, or life
imprisonment or death penalty, in such cases, a person
can be kept in custody for 90 days (about 3 months).
◦ For less serious offences with a punishment of less
than 10 years of imprisonment, custody should not
exceed 60 days (about 2 months).
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Trial before a Court of Session

The word ‘Trial’ is not de ned under the Code of Criminal

Procedure,1 973 (CrPC). However, it is commonly understood
that the stage of trial begins after the framing of charge and
ends with conviction or acquittal of the accused.
It is an important process to determine whether the accused is
guilty of an offence or not.

Object and Scope

A trial's main objective is to provide a fair opportunity for an accused
person to conduct a fair trial according to the principle of natural
justice. The trial must be fair, just, and it should not be
unreasonable.
Parties to Trial
▪ There are two parties involved in a criminal trial namely:
◦ The prosecutor representing the State.
◦ The accused is defended by the counsel
▪ India follows the adversarial system, where generally the
onus of proof is on the State (Prosecution) to prove the
case against the accused, and until and unless the allegation
against the accused is proved beyond reasonable doubt, the
accused is presumed to be innocent.
◦ In certain exceptional cases, which may relate to
terrorism, etc., the onus of proof has been put on the
accused person.
• About
◦ Chapter XVIII from Section 225 to 237 has been
prescribed under the CrPC for the trial before the Court
of Session.
◦ The offences that will be tried by the which speci c
court are provided under The First Schedule of CrPC.
• In cases where the crimes carry penalty of
death, life imprisonment, or imprisonment
exceeding seven years, the trial takes place in
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 a Sessions Court after Magistrate takes
cognizance and commits it to Session Court.

Procedure of Trial in Court of Session

Once the Police Report is led, competent magistrate takes
cognizance of the case and if it is found that the case is triable by
the Court of Session then it is committed to it under Section 209 of
CrPC. The Session Trial is contained under Section 225 – 237
which are enumerated as follows:

▪ Trial to be Conducted by Public Prosecutor - As

per Section 225 of CrPC, in every trial, a Court of Session, the
prosecution shall be conducted by a Public Prosecutor.

▪ Opening Case of Prosecution - Section 226 mentions that

when the accused appears or is brought before the Court in
pursuance of a commitment of the case under Section 209, the
prosecutor shall open his case by describing the charge
brought against the accused and stating by what evidence he
proposes to prove the guilt of the accused.

▪ Discharge of Accused - As per Section 227 of the Code,

after considering the record of the case, and after hearing the
submission of the parties, if the court considers that there is no
suf cient ground for proceeding against the accused, it shall
discharge him and record its reasons for doing so.
◦ In State of Orissa v. Debendra Nath Padhi (2004), it
was held by the Supreme Court (SC) that Section 227
was incorporated to save the accused from prolonged
harassment which is a necessary in a prolonged criminal
trial.
◦ In case of Ram Deo v. state of Rajasthan, held court
before passing order of discharge must consider all facts
and documents.
▪ Framing of Charge - As per Section 228(1) of CrPC, after
considering the record of the case and after hearing the
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 parties, if the Judge considers that there is ground for
presuming that the accused has committed an offence which is
exclusively triable by the Session Court, that court shall frame
in writing charges against the accused.
◦ Also, as per Section 228(2) of the Code, the charge shall
be read and explained to the accused and the accused
shall be asked whether he pleads guilty of the offence
charged or claimed to be tried.
◦ In the case of Dinesh Tiwari v. Uttar Pradesh and
another (2014), SC held that as said that the Judge is
not required to record detailed reasons for framing charge
under Section 228 if there are suf cient grounds to
presume that the accused has committed the offence
◦ In case of Sanghi brothers and Sanjay Chaudhary,
accused did not pay rent for the leased vehicles and sold
it off instead.Such suspicion was enough to frame
charges
◦ In case of Laxman Lalwani vs State of Chattisgarh,
doctors report of the grievous assault and statement of
complaint was enough to frame charges
▪ Conviction on Plea of Guilty - As per Section 229 of CrPC, if
the accused pleads guilty, the Judge shall record the plea and
may, in his discretion, convict him thereon.
◦ Plead Guilty – It means to take responsibility for or to
confess to a crime that one has committed.
▪ Date for Prosecution Evidence - As per Section 230 of the
Code, if the accused refuses to plead guilty or does not plead
guilty, or claims to be tried, or is not convicted despite pleading
guilty, the Judge must x a date for examination of witnesses.
▪ On the application of the prosecution, the judge may also issue
any process for compelling the attendance of any witness or
the production of any document, etc.
▪ In Public Prosecutor v. Sambhaji (1965), that it is the duty of
the Court to take all necessary steps to compel the attendance
of witnesses.
▪ Evidence for Prosecution - As per Section 231(1) of the
Code, on the date xed under Section 230, the Court shall
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 proceed to take all such evidence as may be produced in
support of the prosecution.
◦ According to Section 231(2) of CrPC, the court may
permit the cross examination of any witness to be
deferred until any other witness has been examined or
recall any witness for further cross examination.
◦ In Habeeb Mohammad v. State of Hyderabad
(1953), SC held that it is the duty of the prosecution to
examine all material witnesses essential for unfolding the
prosecution story, whether in the result the effect of that
testimony is for or against the case for the prosecution.
▪ Acquittal of Accused - As per Section 232 of CrPC, after
taking the evidence for the prosecution and examining the
accused, the court shall hear the parties (prosecution and
defence) and then if it considers that there is no evidence that
the accused committed the offence, it shall record an order
acquitting him.
▪ Evidence for the Defence - As per Section 233(1) of CrPC, if
the accused is not acquitted, he shall be called upon to enter
on his defense and adduce any evidence in support of his
defense.
◦ According to Section 233(2) of CrPC, if the accused
submits any written statement, the judge shall le it with
the record.
◦ As per Section 233(3) of CrPC, if the accused applies for
the issue of any process for compelling the attendance of
any witness or production of any document/thing, the
judge shall issue such process unless he considers
reasons to be recorded, that such application should be
refused on the ground that it is made for the purpose of
vexation or delay or for defeating the ends of Justice.
▪ Arguments - Section 234 of the Code directs that after the
evidence for the defence is concluded it is for the prosecution
to sum up the case, and then the defence is entitled to reply.
◦ Provided that where any point of law is raised by the
accused or his pleader, the prosecution may, with the
permission of the Judge, make his submission with
regard to such point of law.
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▪ Judgement - As per Section 235 (1) of CrPC, after hearing
arguments and points of law if any, the judge shall give a
judgement in the case.
▪ Previous Conviction – Section 236 CrPC provides that in a
situation where a person is accused of a previous conviction
according to a speci c law provided under sub-section 7 of
section 211, and the accused denies having that previous
conviction, the Judge can decide to hear evidence about this
alleged prior conviction after the accused has already been
found guilty under section 229 or section 235.
◦ However, before the accused is convicted under section
229 or section 235, the Judge should not mention or ask
the accused about the previous conviction, and the
prosecution should also not bring it up during the trial.
◦ It's only after the accused is found guilty of the current
charges that the issue of the alleged previous conviction
will be addressed.
▪ Cases instituted under Section 199(2) - Section 237 of
CrPC provides that when a Court of Session decides to
consider a case related to an offence mentioned in sub-section
(2) of section 199, it should conduct the trial following the
procedures used for cases that begin with a warrant and are
not initiated through a police report, as is typically done in
Magistrate Courts.

Conclusion
▪ All persons must be treated equally before the court. Everyone
shall be entitled to a fair trial by an impartial court established
by law. The basic goal of any criminal justice system is to
ensure that citizens receive a fair and impartial trial.
Consequently, the trial process has been categorized taking
into account the gravity of the offences. This approach aims to
achieve a fair distribution of justice while preventing the higher
courts from becoming overwhelmed by handling less severe
violations
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Trial of Warrant Case by Magistrates
▪ Chapter XIX from Sections 238 to 250 provides for the trial
of warrant case by magistrates. As per Section 2(x) of the
CrPC warrant case relates to offences punishable with death,
imprisonment for life or imprisonment for a term exceeding two
years.
◦ Under the Chapter, two procedures are provided for the
trial of a warrant case by a magistrate, namely cases
instituted on a police report i.e., from Sections 238 to
243 and cases instituted otherwise than on police report
i.e., from Sections 244 to 250.
▪ In respect of cases instituted on police report, it provides for
the magistrate to discharge the accused upon consideration of
the police report and documents sent with it.
▪ In respect of the cases instituted otherwise than on police
report, the magistrate hears the prosecution and takes the
evidence. If there seems to be no prima facie case, the
accused is discharged.
▪ The warrant Case instituted on Police Report involves
following steps:

Cases Instituted on a Police Report

▪ Section 238 of CrPC when a case is instituted on police
report the magistrate shall comply with Section 207 of the
Code.
▪ Section 239- When accuse will be Discharged: After
considering the police report and the documents attached with
it under Section 173 of CrPC and giving prosecution and the
accused the opportunity of hearing, if the magistrate is of the
opinion that the charge against the accused is groundless. The
accused shall be discharged under Section 239.
▪ Section 240 -Framing of Charge: Upon examination, if the
magistrate is of the opinion that there are grounds for
presuming that the accused has committed the offence,
magistrate shall frame the charge under Section 240 and such
charge shall be read out and explained to the accused.
 In case of Champalal v. Naval Sigh Rajput, complaint
suffered serve injuries by 17-18 people accused. Charges of
attempt to murder were framed but was quashed on revision
application as no evidence was found against that charge.

▪ Section 242-Evidence for Prosecution: As per Section

242(1) of CrPC, if the accused refuses to plead or does not
plead, or claims to be tried, or the Magistrate does not convict
him under Section 241 (Conviction on plea of guilty), the
Magistrate shall x a date for the examination of witnesses.
▪ The proviso to Section 242(1) is added by the Amendment Act
of 2009 which says that the Magistrate shall supply in advance
to the accused the statement of witnesses recorded during
investigation by the police.
◦ As per Section 242(2) of the Code, the Magistrate may,
on the application of the prosecution, issue a summons to
any of its witnesses directing him to attend or to produce
any document or other thing.
◦ As per Section 242(3) of the Code, on the day xed for
the examination of witnesses, the Magistrate shall
proceed to take all such evidence as may be produced in
support of the prosecution. The Magistrate may permit
the cross examination of any witness to be deferred until
any other witness has been examined or recall any
witness for further cross-examination. In case of Ram
Prasad Vs State of U.P, held that prosecution although
is bound to call all witness, but as a general rule there is
no bound, can let-off witness that would not be fatal to the
prosecutions case.

▪ Section 243-Evidence for Defence: As per Section 243(1) of

the Code, after the completion of the prosecution evidence, the
submission of the prosecution arguments, and the examination
of the accused person under Section 313(1)(b), the accused
shall then be called upon to enter his defence and produce his
evidence.
◦ As per Section 243(2) of the Code, if the accused applies
to the Magistrate to issue process for calling any witness
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 for examining or cross-examination or to produce a
document/thing, the Magistrate shall issue process
unless:
• He considers that such application is made for
vexatious purpose or for defeating the ends of
justice, or
• The accused had, prior to entering upon his
defense, either cross-examined or had the
opportunity of cross-examining any witness. In case
of Kishan V State of Maharashtra, refusal to
summon witness is justi ed if reasons are clear and
suf cient. Case of Haripad Day V State of West
Bengal, evidence of the prosecution will be
considered great if defence does not produce any
evidence.
In the former case, the Magistrate is required to record his reasons
in writing for refusal to issue process, and, in the latter, he may, if
satis ed that it is necessary for the ends of justice to compel such
attendance, issue process.

Cases Instituted otherwise than on a Police Report

▪ Section 244 -Evidence for Prosecution: As per Section 244
of the Code, when the accused is brought before a
Magistrate, he should proceed to hear the prosecution and
take all such evidence as may be produced. This is the rst
step in the proceedings of the case after the accused is
brought or appears before a magistrate. The Magistrate
considers the accusations and determines if the accusations
have any base and a case can be made out against the
accused. The Magistrate may also summon such people to
whom the prosecution wishes to give evidence in support of its
case.
In case of Naval Kumar Shukla V State of U.P, held that
court can permit to hear witnesses not on the list and before all
the witnesses on the list.
▪ Section 245 -when accused will be Discharge- if upon
evidence, court for reasons, recorded, shall discharge the
accused if no case is made out against him by the prosecution.
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 And nothing shall prevent the Magistrate to discharge an
accused if the charges are groundless.In case of Naval
Kishore Shukla Vs.State of U.P. held that groundless means
evidence is such that no conviction can rest on it. In case of
Manmohan Malhotra V. PM Abdul Salam, held that if
Magistrate issue process under S204 and later on hearing the
accused nds no ground court can change its order.
▪ Section 246-Procedure when accused is not Discharged
Once all the evidence is presented to the Magistrate by the
prosecution and after the examination of said evidence is
conducted by him, the Magistrate is of the opinion that there is
a reasonable ground for the accusations mentioned in the
complaint and the accused is capable of committing the
offence; a charge is framed and a fair trial is conducted. The
accused is given an opportunity to defend himself. In the case
of Ratilal Bhanji Mithani vs The State Of Maharashtra, 1978, it
was determined that there were reasonable grounds to believe
the accused had committed the offence, and the Magistrate
began the trial proceedings by rejecting the dismissal of the
case under Section 246(1).
▪ Section 246(2) states that the charge against the accused
should be read and explained to him, and he shall be asked
whether he wishes to plead guilty to the charges or contest the
said charges by proceeding with a trial.
▪ Section 246(3) gives the accused an opportunity to plead guilty
and present himself in mercy of the court. The Magistrate has
the authority to record the guilty plea, convict and punish the
accused as he sees t. In case of Brig Kishore vs. The State,
it was held the if accused pleas guilty it must be recorded in
his own words mandatorily otherwise conviction will be set
aside.
▪ Section 246(4) If the accused does not plead guilty, a
subsequent hearing shall be held and the accused will be
granted a fair trial. The Magistrate may state in writing, the
reasons he thinks t for recalling any witnesses for a cross-
examination and if so, which witnesses of the prosecution,
whose evidence has been recorded. The same reasons are
recorded and prosecution’s witnesses are recalled for cross-
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 examination by the Magistrate. In case of State of Bombay
Vs Janardan, it was held the court can allow addition of new
names to witness list if it would not act prejudice to the
accused and defeat interest of justice.
▪ Sub-section (5) and (6) under Section 246 empowers the
accused to recall any witness named by the accused and
perform a cross-examination or re-examination, after which
they are discharged. The evidence of remaining witnesses
provided by the prosecution is taken and they shall be
discharged after cross-examination and re-examination as
seen necessary. The application of this can be observed in the
case of Varisai Rowther And Anr. V. Unknown, 1922.
▪ Section 247-Evidence for defence -The defence has the
opportunity to present his side of the case and defend himself
against the accusations of the prosecution, as mentioned
under Section 247. A written statement may be put forwarded
and the Magistrate shall record it. The accused can issue an
application requesting the Magistrate to summon witnesses or
the production of any document or thing with relevance to the
case. And the Magistrate must issue such summons unless he
feels they are baseless, irrelevant and done for the purpose of
vexation and delay of the delivery of justice. The reasons for
rejection of application must be recorded in writing by the
Magistrate. Any witness that has already been cross-examined
by the accused or had the opportunity to be cross-examined
by the accused cannot be summoned again unless the
Magistrate deems it necessary for the delivery of justice.

Conclusion—The trial can only end in either a conviction or

acquittal of the accused. The decision of the Court with regards to
the conviction or acquittal of an accused is known as judgement. If
the accused is acquitted of the offence, the prosecution is given
time and an opportunity to appeal the Court against the order of
acquittal. If the accused is convicted after observing the evidence
and judged to be guilty of committing the offence, both sides are
given an opportunity to give arguments on punishment to be
served.
Trial of Summon Case by Magistrates
Introduction
“Summon” is a document that commands a person to whom it
is served to appear before the court and to answer the
complaint made against him. Summon is issued by the
Magistrate to the accused under section 204(1) (a) of Cr.P.C,
1973. “Summon case” are cases are those in which
punishment will not exceed imprisonment for two years. It can
be said that summon cases are not of serious nature, so it
needs to be decided speedily and hence trial is less formal The
procedure to deal with such matter provided in section 251 to
259 of Cr.P.C, 1973 which is not as serious/formal as other
trials (Session trial, warrant case instituted on the police report
and warrant cases instituted otherwise than on police report).

▪ Section 2(w) of the CrPC states "summons-cases" means a

case relating to an offence, and not being a warrant-case.
▪ The trial procedure prescribed for summons cases
is contained in Chapter XX from Sections 251 to 259 of the
Code.
Procedure in a Summons-Case
Section 251 - Substance of accusation to be stated - As per this
section 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.

Section 252- Conviction on plea of guilty - If the accused pleads

guilty, it is imperative that the Magistrate shall record the plea of
guilty as nearly as possible in the words used by the accused. In
case of Thangjam V. Irabot Singh, a joint statement of plea guilty
cannot be treated in court and in Case of State of Maharashtra vs.
Dhruwa Mills, accused cannot give statement of plea guilty on
behalf of any other co-accused.
 ▪ Section 253- Conviction on plea of guilty in absence of
accused in petty cases - this is meant for the speedy
disposal of petty cases. If a summons has been issued
under Section 206 (i.e., in cases of petty offences), and the
accused desires to plead guilty without appearing before the
Magistrate, he shall transmit to the Magistrate a letter
containing his plea and also the amount of ne speci ed in the
summons. The Magistrate may then convict the accused in his
absence and sentence him to pay the speci ed ne.
Section 254- Procedure when not convicted
▪ When Section 254(1) shall hear the prosecution and take all
its evidences and also “hear” the accused and take all such
evidence as he produces in his defence.

▪ As per Section 254(2) the Magistrate may, if he thinks t, on

the application of the accused, issue a summons to any
witness directing him to attend or produce any document or
other thing.
◦ However, if the prosecution has made an application for
the issue of summons to its witnesses, it is the duty of the
Court to issue summons and to secure the witness by
exercising all the powers given to it under the Code.
▪ As per Section 254(3) the 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.
Acquittal or Conviction - As per Section 255(1) if the Magistrate,
after taking the entire evidence adduced in the case nds the
accused not guilty, he shall record an order of acquittal.
▪ As per Section 255(2) where the Magistrate does not
proceed in accordance with the provisions of Section 325 or
Section 360, he shall, if he nds the accused guilty, pass
sentence upon him according to law.
▪ Section 255(3) gives the Magistrate discretion to proceed in
those cases where the evidence for the prosecution
establishes an offence other than that referred to in the
complaint or summons.
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 ◦ However, the offence of which the accused may be
convicted must appear to have been committed from the
facts admitted by the accused or proved against him.
Further, it should be seen that the accused is not
prejudiced by the consideration of some charge of which
he knew nothing. In case of State Vs Veerapam, Madras
court held that unablity to produce evidence when
summoned is no ground for acquittal. In case of State vs.
Thakorbai, acquittal just on reading police reports is
illegal.

▪ Section 255(3) gives the Magistrate discretion to proceed in

those cases where the evidence for the prosecution
establishes an offence other than that referred to in the
complaint or summons.
▪ Section 256-Non-appearance or the death of the
complainant - According to section 256 on the date xed for
the appearance of the accused nonexistence of the
complainant will empower the court to acquit the accused
unless the court has the reason to adjourn the case to some
other day. Section 256(1) is also applicable in case of the
death of the complainant. In case the representative of the
dead complainant does not appear for 15 days where the
defendant appeared, the defendant can be acquitted held by
the Supreme Court. In case J.George Vs. Solomon, court can
acquit if complaint is absent or adjourn to another day but
should wait for a reasonable time before doing that . In case
Mahendra Kumar Vs. Dwijabar, held illegal to adjourn to
another day if complain was absent previous date
▪ Section 257- Withdrawal of complain the complainant can
withdraw the complaint led against the accused at any stage
before the nal judgment is passed. One shall mention the
reasons for withdrawal. These reasons shall have suf cient
grounds to satisfy the magistrate for permitting such
withdrawal. After permitting the withdrawal, the magistrate
shall proceed to acquit that accused on whom the said
withdrawn complaint was led. In case of Veekatalaksmi vs
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 State of A.P, withdrawal of case led before police is not
allowed.
▪ Section 258- Power to Stop proceeding in certain cases
This section gives wide discretionary powers to the Magistrate
in summons cases which are other than those initiated based
upon a complaint. The Magistrate has power to stop the
proceedings in between by giving reasons in writing without
even pronouncing the judgment. However, if the statement of
the primary witness has been recorded then the Magistrate
can pass an order of acquittal and release the accused and
such act shall amount to discharge. In case of State vs. S.I
Ladha, held that this power must be used sparingly in
exceptional circumstances
▪ Section 259- Power of Court to convert summon cases
into warrant cases- This section bestows powers upon the
magistrate to convert the procedure of a summon case into
that of a warrant case at any stage during the trial. During the
trial of summon case, it appears to the magistrate that a
particular case needs to be treated like a warrant case, then in
the interest of justice, the magistrate has the power to convert
the procedure of a summon case into a warrant case.
After such conversion, the magistrate can re-hear the case as well
as call upon the witnesses again who were already heard. It has to
be noted that this section shall only apply to the cases in which
punishment exceeds six months period.

Conclusion—The procedure laid down assures the fulfilment of

the principles of fair trial and along with fair trial, this whole
chapter is intended to achieve the goal of speedy trial as in
summon case, the nature of the offence is not serious in
nature and hence, the petty cases are bound to be disposed of
quickly without wasting the time of the court.
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 Summary Trial
▪ A ‘summary trial’ implies speedy disposal of a suit. It is a
type of trial in which matters are resolved quickly, the
procedure is shortened, and the proceedings are recorded in a
speedy manner.
◦ In a summary trial, all the cases should be tried by the
summons procedure.
▪ The object of summary trial is to have a record which is
suf cient for the purpose of justice, and yet, not so long as to
impede speedy disposal of the case.
▪ It is provided under Chapter XXI of CrPC and is provided
under Section 260 to 265.
Power to Try Summarily
▪ According to Section 260(1) notwithstanding anything
contained in the Code:
◦ Any Chief judicial Magistrate
◦ Any Metropolitan Magistrate
◦ Any Magistrate of the First Class specially empowered in
this behalf by the High Court, may, if he thinks t, try in a
summary way all or any of the offences:
◦ Offences not punishable with death, imprisonment for life
or imprisonment for a term exceeding two years;
◦ Theft, under Section 379, Section 380 or Section 381 of
the Indian Penal Code where the value of the property
stolen does not exceed two thousand rupees;
◦ Receiving or retaining stolen property, under Section 411
of the Indian Penal Code where the value of the property
does not exceed two thousand rupees;
◦ Assisting in the concealment or disposal of stolen
property, under Section 414 of the Indian Penal Code
where the value of such property does not exceed two
thousand rupees;
◦ Offences under Sections 454 and 456 of the Indian Penal
Code;
◦ Insult with intent to provoke a breach of the peace, under
Section 504, and criminal intimidation punishable with
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 imprisonment for a term which may extend to two years,
or with ne, or with both, under Section 506 of the Indian
Penal Code;
◦ Abetment of any of the foregoing offences;
◦ An attempt to commit any of the foregoing offences, when
such attempt is an offence;
◦ Any offence constituted by an act in respect of which a
complaint may be made under Section 20 of the Cattle-
trespass Act, 1871.
▪ Section 261-Summary trials by Magistrate of the Second
class - who has been invested with the powers by the High
Court to try summarily any offence which is punishable only
with ne or with imprisonment for a term not exceeding six
months with or without ne.
Procedure/Record in Summary Trial
Section 262-Procedure for Summary trial: In summary trials, the
procedure speci ed for the trial of summons-case is to be followed
As per Section 262(2) no sentence of imprisonment for more than 3
months can be passed in any conviction under this Chapter XXI.

Section 262-Record in summary trial- Magistrate shall enter the

following particulars:
1. The serial number of the case;
2. The date when the offence was committed;
3. The date when the report or the complaint was led;
4. The name of the complainant, if any;
5. The name, residence and parents’ name of the accused person;
6. The offence about which the complaint has been made and any
proven offence (if it exists);
7. The value of the property regarding which the offence has been
committed, if the case comes under Section 260(1) (ii) or Section
260(1) (iii) or Section 260(1) (iv) of the Code;
8. The plea of the accused person and his examination, if any;
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 9. The nding of the Court;
10.The sentence or any other nal order passed by the Court;
11.The date when the proceedings ended.

▪ As per Section 264 of the Code in every case tried summarily

in which the accused does not plead guilty, the Magistrate
shall record the substance of the evidence and a judgment
containing a brief statement of the reasons for the nding.
▪ Section 265-Language of record and judgment-every such
record and judgment shall be written in the language of the
court and signed by the Magistrate.
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Commencement of Proceedings Before
Magistrates(S-200-210)Chapter 16
The Code of Criminal Procedure,1973 is one of the oldest
legislation that regulates the substantial criminal law in India.
It mentions the various procedures and processes to be
followed while conducting a criminal proceeding. Chapter
XVI of The Code of Criminal Procedure deals with the
commencement of proceedings before Magistrate. The
Magistrate has to follow all the provisions provided in the
chapter so that it will not be difficult during the proceedings.

Section 200-Examination of complainant

Section 200 of the Code of Criminal Procedure deals with the
examination of the complainant. The magistrate after taking
cognizance of an offence has to examine the complainant and
witnesses present. This examination has to be done upon oath.
The magistrate also has the duty to note down the relevant
information found in such examination. The substance of such
examination should be given in writing and that has to be
signed by the complainant and the witnesses. The magistrate
need not conduct this examination when:

1. If the complaint is made by a public servant who is acting

or purporting to act in the discharge of his official duties
or a Court;
2. If the Magistrate makes over the case for enquiry or trial
to another Magistrate under Section 192.
If the magistrate in charge has examined the case and makes
over the case for enquiry or trial to another magistrate, then
the latter magistrate does not need to examine the cases
again.

In case of Zain Sait vs Intex Printers, held that joint

complaint is not maintainable under this section unless court
considers it to be given by one person and permits other one
to file a separate complaint. NO cognizance can be taken
unless this option is exercised.

In case of Gurdas Balkrishna vs Chief of Magistrate Goa,

help that recording of statement of complaint must be done
within a week from date of its order

Section 201-Procedure by magistrate not

competent to take cognisance of cases
If in writing shall direct it to proper court And if not in writing,
direct the person to proper court

Case Rajendra Singh Vs State of Bihar

Order of acquittal was illegal as court was not competent

Section 202-Postponement of Issue of

Processes
Section 202 of the act provides further scrutiny of the
complainant. The issuance of the process can be postponed if
the Magistrate feels there is a need for further investigation.
The Magistrate will decide whether there is a proper ground for
conducting the proceeding.

Section 203-Dismissal of complaint

Section 203 provides power to the Magistrate to dismiss a
complaint. The Magistrate can dismiss the complaint if he is of
the opinion that there are no sufficient grounds for conducting
the proceedings after conducting an appropriate inquiry or
investigation under Section 202. In the Case of Chimanlal v
Datar Singh, it was said that the dismissal of a complaint is
not proper if the Magistrate has failed to examine material
witness under Section 202.

The Magistrate can dismiss the complaint or can refuse the

issue of the process when:

1. The Magistrate finds out no offence has been committed

after the complaint is reduced to writing according to
Section 200;
2. If the Magistrate distrusts the statements made by the
complainant;
3. If the Magistrate feels that there is a need to conduct
further investigation, then he can delay the issue of
process.

Section 204-Issue of Processes

if it is found that there are sufficient grounds for carrying out
the proceeding:-
1-The Magistrate can issue a summons if it’s a summons case
for attendance of the accused or A warrant is issued in case of
a warrant case for accuse to appear before the Magistrate at a
certain time and both shall be accompanied with a copy of the
complaint.

2-if there are any arrears in the payment of “process-fee” case

shall be dismissed.

3-No summons or warrants can be issued against the accused

until a list of the prosecution witness has been provided.

Case Kailash Chaudhary vs State of U.P

It held mandatory for the court to restore reason for initiating
the proceedings

Case Bhushan Kumar vs State of N.C.T of Delhi

Does not mandate to state reasons for issuance of summons
and warrant

Section 205- Power to dispense with the

personal attendance of the accused
The Magistrate can dispense the personal attendance of the
accused and permit him to appear by his pleader if there are
proper reasons. The Magistrate can also direct the personal
attendance of the accused in any stage of the investigation if it
is necessary. The exemption from personal appearance cannot
be claimed as a right but it is completely under the discretion
of the court after applying relevant judicial principles. The
Magistrate considers various factors to dispense attendance
like:

1. Social status.
2. Customs and practice.
3. The distance at which the accused resides.
4. The necessity of personal attendance with regards to the
offence and the stages of the trail.

Section 206- Special summons in cases of

petty offences
The Magistrate can issue some special summons in cases of
petty offences.

For the purposes of this section,” petty offence” means any

offence punishable only with a fine not exceeding one thousand
rupees, but does not include any offence so punishable under
the Motor Vehicles Act, 1939 or under any other law which
provides for convicting the accused person in his absence on a
plea of guilty.
When a Magistrate takes cognizance of petty offences the case
can be summarily dismissed according to Section 260, but
sometimes the Magistrate will send the summons for the
person to appear in person or by pleader when it is needed.
The reason for such a decision has to be recorded.

Whole idea of this section is to foster quick disposal of cases

that are alot in number but petty in nature. In case of Kamla
Shankar vs State of M.P, he was charged with overloading was
and his appearance was totally unwarranted.

Section 207- Supply to the accused of copies

of police report and other documents
It is essential to supply relevant documents to the accused so
that they can understand the procedure followed and the
status of the case. Such as police report, F.I.R(sec154),
statements of witnesses, confessions. The documents supplied
might also be used for future reference whenever necessary.
The main need behind providing such documents is to avoid
prejudice during the trial. The non-supply of materials by the
Magistrate that is provided in Section 207 can be successfully
used for setting aside a conviction.

Case Bhole vs State of M.P, held shall is only directory and

not mandatory hence non compliance won’t impair the trial

Section 208- Supply of copies of statements

and documents to accused in other cases
Triable by Sessions court
The court has to provide certain documents to the accused
when the offence is triable exclusively by the Court of Session
according to Section 208. These documents should be provided
when the case is not instituted based on the police reports. The
documents are:
 1. The statements recorded under Section 200 or Section
202 after the investigation by Magistrates;
2. Any documents that are produced before the Magistrate
on which the prosecution proposes to rely;
3. The statements and confessions that are recorded under
Section 161 or Section 164 if available.

Section 209- Commitment of case to Court of

Session
Section 209 deals with the commitment of the case to the
Court of Session. According to this section if a Magistrate feels
that if the offence is triable exclusively by the Court of Session
after instituting a case, then,

1. The Magistrate can commit the case to the Court of

Session;
2. The accused can be remanded in custody until the
proceedings are subject to the other provisions relating to
bail;
3. The Magistrate can send evidence and other relevant
evidence to the concerned court to carry out the
proceedings;
4. The Magistrate can also notify the Public Prosecutor of the
commitment of the case to the Court of Session.

Case State of Assam vs Hit Ram Deka, if exclusively tried by

C.O.S, magistrate cannot discharge if on plain reading the
judicial magistrate thinks this case is exclusively triable by
C.O.s,he has no option but to do it.
210- Procedure when compliant case and
police investigation of the same offence
The Magistrate can stay the proceedings of any inquiry or trial
and call for a report on the matter from the police officer
conducting the investigation if it is done in the same subject of
inquiry.

If a report is made by the investigating police officer according

to Section 173 and based on such report cognizance of any
offence is taken by the Magistrate against any person who is
accused, then the Magistrate shall inquire into or try together
both the complaint case and the case arising out of the police
report as if both the cases were instituted on a police report.

If the police report does not relate to any accused in the case
or if the Magistrate does not take cognizance of any offence on
the police report, he shall proceed with the inquiry or trial,
which was stayed by him, according to other provisions in the
code.

Case Nathilal vs State of U.P

Cross cases should be tried by the same court to avoid
conflicting judgements

This chapter is very essential as it deals with the

commencement of proceedings. The provisions in this chapter
have to be followed properly so that it regulates the other
stages of the proceedings. The issue of proceedings is one of
the important procedures in conducting a criminal
investigation. The supply of copies of documents to the
accused relating to the proceedings is also necessary. Thus,
the provisions of this chapter have to be followed carefully so
that it will not affect the other parts of the proceedings.
Public Prosecutor Section 24,
(225-226)
A Public Prosecutor is considered as the agent of the state to represent
the interest of common people in the criminal justice system. The
prosecution of the accused is the duty of the state but not individually
the duty of the aggrieved party. They are appointed in almost all
countries. The Public Prosecutor is defined in Section 24 of Cr.P.C.
They serve as the basic principle of Rule of Law i.e. auld alteram
partem (no person shall be condemned unheard).

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.

Hierarchy of Public Prosecutor according to Section 24:

• The Public Prosecutor appointed by Central Government

• The Public Prosecutor appointed by State Government
• Additional Public Prosecutor appointed by State Government.
• Special Public Prosecutor appointed by Central Government
• Special Public Prosecutor appointed by State Government.

Section 24 of Cr.P.C talks about the appointment of Public Prosecutors

in the District Court and High Court by the state government and central
government respectively.

Sub-section 3 states that the Public Prosecutor needs to be appointed

for each district and may also appoint Additional Public Prosecutor.
Subsection 4 states that the District Magistrate in consultation with
Session judge needs to prepare a panel of names which is considered
as fit for such an appointment.

Subsection 5 states that the person can’t be appointed as a Public

Prosecutor or Additional Public Prosecutor by the State Government in a
district unless his names are on the panel prepared under subsection 4.

Subsection 6 explains that in a case where a state has a local cadre of

prosecuting officers, but there is no suitable person in such cadre for an
appointment the appointment must be made from the panel prepared
under subsection 4.

Subsection 7 states that person can be appointed as Public Prosecutor

only after he has been practised as an advocate for the minimum period
of 7 years.

Subsection 8 states that Central Govt. or State Gover. Can appoint for
any case or class of cases a person if he has been practised as an
advocate for the minimum period of 10 years as a Special Public
Prosecutor

Section 25 of Cr.P.C states that the Assistant Public Prosecutors is

appointed in the district for the purpose of conducting prosecution in
Magistrate Court. The court may appoint one or more Assistant Public
Prosecutors for the purpose of conducting a case.

If there are no Assistant Public Prosecutors then District Magistrate may

appoint any other person to act as the Assistant Public Prosecutors.

Section 321 permits the Public Prosecutor or Assistant Public

Prosecutor to withdraw from the case or prosecution with the permission
of the court at any time before the judgement is pronounced. The power
of the prosecutor is derived from the statute itself and they must act in
the interest of the administration of justice.
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:

• Equality before law

• Protection against double jeopardy
• Protection against self-incrimination
• Protection against ex-post law
• Right to life and personal liberty except procedure established by
law
• Presumption of innocence until proven guilty
• Arrest and detention must be in accordance with the provisions of
Cr.P.C.
• Equal protection of laws
• Speedy trial
• Prohibition of discrimination
• Right of accused to remain silent
Role of Public Prosecutors
It is divided into two parts:

• In investigating process
• During the trial
Role of the Public Prosecutor in the
investigating process
• To make an appearance in the Court and obtain an arrest warrant
• To obtain search warrants for conducting a search in specified
premises
• To obtain police custody remand for interrogation (including
custodial interrogation) of the accused
• To initiate a proceeding for the declaration of the non-traceable
offender as the proclaimed offender
• To record the evidence of accused in the police report regarding
the advisability of the prosecutions
Role of Public Prosecutors at the time of trial
• Sentencing- when the accused is proven guilty, then the defence
counsel and the Public Prosecutor further argue to decide the
quantum of punishment. At this stage, the Public Prosecutor may
argue for the adequate punishment keeping in mind the facts,
circumstances of case and gravity of the offence. It helps the judge
to arrive at a judicious decision.
• To conduct a speedy trial- Right to a speedy trial is a fundamental
right and it is impliedly given in Article 21 of Constitution of India
which states “Right to life and Personal Liberty”. The prosecutors
have a responsibility to call all the witnesses whose evidence is
essential to decide the case. To cross-examine the witness and to
see that no witness if left unexamined. To produce all the
necessary documents.
Other Important Roles
• The Public Prosecutor cannot aggravate the facts of the case or
deny to examine the witness whose evidence may weaken the
case. The main aim must be to discover the truth.
• He should not defend the accused. It is against the fair play of
administration of justice or against the legal profession.
• He represents the State, not police. He is an Officer of State and is
appointed by State Government. He is not a part of any
 investigating agencies but an independent authority. He is charged
with statutory duties.
• Superintendent of; police or District Magistrate cannot compel to
the Public Prosecutor to withdraw the case.
• If there is an issue which is raised by defence counsel and failed, it
should be brought out in the notice of the court by Public
Prosecutor.
• To ensure that justice is done.

Case of pm sunny vs State of Kerela, it was held that

Government cannot keep any post vacant due to financial
constrains. It is a necessary constitutionally obligation to
appoint public prosecutors.

In the case of Jitendra Kumar @Ajju vs State (NCT OF Delhi)

The High Court of Delhi stated that “the Public Prosecutor acts on the
behalf of the state. They are the ministers of justice who play a pivot role
in the administration of criminal justice”.

In the case of Sandeep Kumar Bafna vs State of Maharashtra & Anr,

The court stated that “a Public Prosecutor is not expected to show a

thirst to reach the case in the conviction of the accused somehow or
other irrespective of the facts of the case. The attitude of the Public
Prosecutor must be fair towards the investigating agencies and as well
as towards the accused.”

In the case of Kunja Subidhi and Anr vs Emperor,

The duty of the Public Prosecutor is to place before the court all the
relevant evidence whether it is in favour or against the accused and to
leave upon the court to decide the matter.
Present scenario India
There is no uniformity in the structure of the public prosecution in India.
There is no boundary created between the investigating agency and the
prosecution in a number of states. This affects the impartiality of Public
Prosecutor since police control the prosecutions. When the prosecution
is headed by a senior police officer, the boundary collapses completely.

Although the Law Commission in the year 1958 suggested the

establishment of Directorate of prosecution with its own cadre, such a
recommendation was not accepted in Cr.P.C. Some states have
Directorate of Prosecution while others do not.

Other Important Roles

• The Public Prosecutor cannot aggravate the facts of the case or
deny to examine the witness whose evidence may weaken the
case. The main aim must be to discover the truth.
• He should not defend the accused. It is against the fair play of
administration of justice or against the legal profession.
• He represents the State, not police. He is an Officer of State and is
appointed by State Government. He is not a part of any
investigating agencies but an independent authority. He is charged
with statutory duties.
• Superintendent of; police or District Magistrate cannot compel to
the Public Prosecutor to withdraw the case.
• If there is an issue which is raised by defence counsel and failed, it
should be brought out in the notice of the court by Public
Prosecutor.
• To ensure that justice is done.

▪ Trial to be Conducted by Public Prosecutor - As

per Section 225 of CrPC, in every trial, a Court of Session, the
prosecution shall be conducted by a Public Prosecutor.
 ▪ Opening Case of Prosecution - Section 226 mentions that
when the accused appears or is brought before the Court in
pursuance of a commitment of the case under Section 209, the
prosecutor shall open his case by describing the charge
brought against the accused and stating by what evidence he
proposes to prove the guilt of the accused.

Conclusion
A Public Prosecutor is an officer of the court helping in the administration
of justice. It is clear from the fact that the main duty of the Public
Prosecutor is to help the court in finding the facts of the case. The Public
Prosecutor must be impartial, fair and honest. He must act on the
directions of the judge. He should not believe in the conviction of
accused by hook or crook. The guiding principles of any public
prosecution must be equity, justice and good conscience.