Unit 1: Introduction

There are various functionaries under the Code of Criminal Procedure,1973 who help to regulate
the various provisions of the code. The functionaries are essential for the proper functioning of
the code. The various functionaries mentioned under the code are the Police, Public Prosecutors,
Assistant Public Prosecutors, Additional Prosecutors, Prison authorities and the Defence counsel.
The powers and functions of the functionaries are clearly mentioned in the code.

Unit 2 : Basic Concepts

The Code of Criminal Procedure (CrPC) is a procedural law in India that outlines the rules and
regulations to be followed during the investigation, inquiry, and trial of criminal offenses. It
defines the powers and duties of criminal courts and lays down the procedures to be followed by
the police and the judiciary.

Hierarchy, Powers, and Duties of Criminal Courts:

The hierarchy of criminal courts in India is as follows:
1. Supreme Court of India
2. High Courts of States and Union Territories
3. Sessions Courts and Additional Sessions Courts
4. Chief Judicial Magistrates and Metropolitan Magistrates
5. Judicial Magistrates of First Class and Metropolitan Magistrates of First Class
6. Judicial Magistrates of Second Class and Metropolitan Magistrates of Second Class

The criminal courts have the power to conduct trials, inquire into offenses, issue warrants,
summon witnesses, and make judgments. The jurisdiction of each court depends on the severity
of the offense, the place of occurrence, and the status of the accused.

Basic Concepts:
1. Bailable Offence: An offense that is listed as bailable under the law, and the accused can
be released on bail after furnishing the necessary surety.
2. Non-Bailable Offence: An offense that is not listed as bailable under the law, and the
accused cannot be released on bail unless the court permits.
3. Cognizable Offence: An offense that can be investigated and arrested without a warrant
by the police.
4. Non-Cognizable Offence: An offense that cannot be investigated or arrested without a
warrant by the police.
5. Complaint: A written statement submitted to a magistrate or a police officer, alleging that
an offense has been committed.
6. Charge: A formal accusation made by the prosecution against the accused in a court of
law.
7. Police Report: A report submitted by the police to the magistrate, informing about the
commission of an offense and the progress of the investigation.
8. Investigation: The process of collecting evidence by the police to prove the guilt or
innocence of the accused.
9. Inquiry and Trial: The process of examining evidence and conducting proceedings in a
court of law to determine the guilt or innocence of the accused.
10. Summons Case: A case in which the accused is summoned to appear in court to answer
the charges.
11. Warrant Case: A case in which the accused is arrested and produced before the court.
UNDER THE CRIMINAL PROCEDURE CODE (CRPC) OF INDIA, THE ESSENTIALS
OF ARREST CAN BE CATEGORIZED AS FOLLOWS:

1. Legal Authority:
Arrest must be carried out by a person with legal authority (e.g., a police officer or a person
authorized by a court order).
2. Apprehension of a person:
The act of arrest involves the actual apprehension or restraint of a person's movement to make
them subject to the law.
3. Accused or Suspect:
An arrest can only be made if the person being arrested is accused of or suspected of committing
a crime.
4. Cognizable and Non-Cognizable Offenses:
In cognizable offenses, a police officer can arrest without a warrant. For non-cognizable
offenses, a warrant is required.
5. Arrest with Warrant:
An arrest warrant is a legal document issued by a competent court, directing the arrest of the
person mentioned in it.
6. Arrest without Warrant:
In specific situations, a police officer can arrest a person without a warrant (e.g., if the person
commits a cognizable offense in the presence of a police officer).
7. Procedure of Arrest:
The person conducting the arrest must follow the proper procedure, such as informing the
arrested person of the grounds for arrest, the right to bail (if applicable), and producing the
arrested person before a magistrate within 24 hours.
8. Use of Force:
The arresting officer can use reasonable force if necessary to arrest a person who resists arrest or
tries to escape.
9. Rights of the Arrested Person:
The arrested person has certain rights, such as the right to know the grounds of arrest, the right to
legal representation, and the right to be produced before a magistrate within 24 hours.
10. Documentation:
The arrest must be properly documented, including the time, date, and reason for the arrest, as
well as the arrested person's personal information.

UNDER THE CRIMINAL PROCEDURE CODE (CRPC) OF INDIA, THE ESSENTIALS

OF BAIL CAN BE CATEGORIZED AS FOLLOWS:

1. Classification of Offenses:
Bail is primarily granted for bailable and non-bailable offenses. Bailable offenses allow
for a person to be released on bail as a matter of right, whereas non-bailable offenses
require the discretion of the court.
2. Application for Bail:
The accused or their legal representative must submit a bail application to the relevant
court.
3. Judicial Discretion:
 For non-bailable offenses, the court exercises its discretion in granting bail, considering
factors such as the gravity of the offense, the accused's past criminal record, the risk of
tampering with evidence, and the likelihood of the accused absconding.
4. Bail Conditions:
The court may impose specific conditions when granting bail, such as reporting to the
police station at specified intervals, not leaving the jurisdiction without permission, and
not tampering with evidence or influencing witnesses.
5. Bail Amount:
The court determines the bail amount, which must be reasonable and not excessive. The
accused or a surety must deposit the bail amount as a guarantee that the accused will
comply with the bail conditions and appear in court as required.
6. Sureties:
The court may require the accused to provide one or more sureties who vouch for the
accused's compliance with the bail conditions. The sureties may be required to deposit a
specified amount as a guarantee.
7. Anticipatory Bail:
In some cases, a person may apply for anticipatory bail if they have reason to believe that
they may be arrested on false or trumped-up charges for a non-bailable offense. The court
may grant anticipatory bail at its discretion, subject to specific conditions.
8. Bail during Trial and Appeal:
Bail may be granted during the trial or pending an appeal, depending on the
circumstances and the discretion of the court.
9. Cancellation or Revocation of Bail:
The court may cancel or revoke bail if the accused violates any bail conditions or if new
evidence emerges that warrants the cancellation of bail.
10. Right to Legal Representation:
The accused has the right to legal representation when applying for bail and throughout
the bail process.
Unit 3: Initiation of Criminal Case

Section 154: Information in Cognizable Cases

specifies the procedures to be followed when providing information about a cognizable offence
to a police officer.
● If the information is given orally, the officer must reduce it to writing and have it signed
by the person providing the information. The substance of the information must be
entered into a book maintained by the officer in the form prescribed by the State
Government.
● If the person providing the information is a woman alleging an offence under certain
sections of the Indian Penal Code, the information must be recorded by a woman police
officer or any woman officer.
● If the person alleging the offence is temporarily or permanently mentally or physically
disabled, the information can be recorded at a place of their choice in the presence of an
interpreter or a special educator. The recording of the information must be video graphed,
and the statement of the person must be recorded by a Judicial Magistrate as soon as
possible.
● The officer in charge of the police station must provide a free copy of the information to
the informant.
● If the officer refuses to record the information, the person can send the substance of the
information in writing and by post to the Superintendent of Police concerned, who can
investigate the case or direct an investigation to be made by any subordinate police
officer.

Section 155: Information as to Non Cognizable Cases and Investigation of Such Cases
outlines the process for handling non-cognizable cases by police officers:
● When information is given to a police officer about a non-cognizable offence, they shall
record the substance of the information in a book as prescribed by the State Government
and refer the informant to the Magistrate.
● No police officer can investigate a non-cognizable case without the order of a Magistrate
having power to try such case or commit the case for trial.
 ● Any police officer receiving such order may exercise the same powers in respect of the
investigation (except the power to arrest without warrant) as an officer in charge of a
police station may exercise in a cognizable case.
● If a case relates to two or more offences, of which at least one is cognizable, the case
shall be deemed to be a cognizable case, even if the other offences are non-cognizable.

Section 156: Officer’s Power to investigate cognizable case

● A police officer in charge of a police station can investigate a cognizable case without the
order of a Magistrate.
● The officer can investigate any case that a local court in that area would have the power
to inquire into or try under Chapter XIII.
● No one can question the police officer's proceedings in such a case on the grounds that
the officer did not have the power to investigate it.
● A Magistrate empowered under section 190 can order an investigation in such a case.

160. Police officer’s power to require attendance of witnesses.

● During an investigation, a police officer can require anyone who knows about the case to
come and give information.
● The officer can make a written order requiring that person to come to the police station.
● If the person is a male below 15 years of age, above 65 years of age, or a woman or a
physically or mentally challenged person, they cannot be forced to go to a place other
than where they live.
● The State Government can make rules to decide how much money the police officer must
pay to anyone who has to go to a place other than their home to provide information.
Section 161: Examination of Witnesses by the Police

● A police officer or an officer of a certain rank as prescribed by the State Government may
orally examine any person who is believed to have knowledge about the case being
investigated.
● The person being examined is obligated to answer truthfully, except for questions that
could incriminate them.
● The police officer may record the statement made by the person during the examination
and keep a separate and accurate record of each statement.
● Statements made during the examination may also be recorded by audio-video electronic
means, as provided in the proviso.

162. Statements to police not to be signed: Use of statements in evidence

● No statement made by any person to a police officer during an investigation under this
Chapter, if reduced to writing, shall be signed by the person making it.
● Such statement or any record of it shall not be used for any purpose, except as provided
in this section, at any inquiry or trial related to the offense under investigation at the time
when such statement was made.
● Any witness called for the prosecution in such inquiry or trial whose statement has been
reduced to writing may have any part of his statement used by the accused or, with the
permission of the court, by the prosecution to contradict the witness in the manner
provided by section 145 of the Indian Evidence Act, 1872.
● Any part of the statement used may also be used in the re-examination of such witness,
but only for the purpose of explaining any matter referred to in his cross-examination.
● This section does not apply to any statement falling within the provisions of clause (1) of
section 32 of the Indian Evidence Act, 1872 or affect the provisions of section 27 of that
Act.
● An omission to state a fact or circumstance in the statement referred to in sub-section (1)
may amount to contradiction if it appears significant and relevant to the context, and
whether it amounts to a contradiction in the particular context shall be a question of fact.
163. No inducement to be offered.

● No police officer or person in authority can offer or make any inducement, threat, or
promise mentioned in Section 24 of the Indian Evidence Act, 1872.
● No police officer or person can prevent any person from making a statement of their own
free will during an investigation under this chapter, by caution or any other means.

Section 164 Recording of Confessions and Statements

● A Metropolitan Magistrate or Judicial Magistrate may record any confession or statement

made to them in the course of an investigation under this Chapter or under any other law
for the time being in force, or at any time afterwards before the commencement of the
inquiry or trial.
● Before recording any such confession, the Magistrate must explain to the person making
it that they are not bound to make a confession and that, if they do so, it may be used as
evidence against them.
● The Magistrate shall not record any such confession unless, upon questioning the person
making it, they have reason to believe that it is being made voluntarily.
● If at any time before the confession is recorded, the person appearing before the
Magistrate states that they are not willing to make the confession, the Magistrate shall not
authorise their detention in police custody.
● Any such confession shall be recorded in the manner provided in section 281 for
recording the examination of an accused person and shall be signed by the person making
the confession.
● Any statement (other than a confession) made under sub-section (1) shall be recorded in
such manner as is, in the opinion of the Magistrate, best fitted to the circumstances of the
case.
● In certain cases punishable under section 354, section 354A, section 354B, section 354C,
section 354D, sub-section (1) or sub-section (2) of section 376, section 376A, section
376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,
 section 376E or section 509 of the Indian Penal Code, the Judicial Magistrate shall record
the statement of the person against whom such offence has been committed in the manner
prescribed in sub-section (5), as soon as the commission of the offence is brought to the
notice of the police.
● The Magistrate recording a confession or statement under this section shall forward it to
the Magistrate by whom the case is to be inquired into or tried.

Section 164A Medical Examination of The Victim of Rape

1. If an investigation involves a rape or attempted rape case, and there is a need to conduct a
medical examination of the woman who was allegedly raped or attempted to be raped, the
examination must be performed by a registered medical practitioner. The practitioner
must be employed in a hospital run by the Government or a local authority. In the
absence of such a practitioner, any other registered medical practitioner may conduct the
examination with the woman's consent or the consent of a person authorized to provide
consent on her behalf. The woman must be taken to the registered medical practitioner
within twenty-four hours of receiving the information related to the commission of the
offense.

2. The registered medical practitioner must promptly examine the woman's body and
prepare a report of the examination, including the following details:
I. the woman's name, address, and the name of the person who brought her;
II. the woman's age;
III. the material taken from her body for DNA profiling;
IV. any marks of injury found on her body;
V. the woman's overall mental condition; and
VI. any other relevant particulars in reasonable detail.

3. The report must clearly state the reasons for each conclusion arrived at.
4. The report must explicitly state that the woman or the authorized person's consent to the
examination was obtained.
 5. The exact time of the beginning and completion of the examination must be noted in the
report.
6. The registered medical practitioner must promptly forward the report to the investigating
officer, who must send it to the Magistrate referred to in section 173 as part of the
documents referred to in clause (a) of sub-section (5) of that section.
7. This section does not authorize any examination without the woman's or authorized
person's consent.

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

● If a person is arrested and detained in custody, and it appears that the investigation cannot
be completed within 24 hours, the officer in charge of the police station or the police
officer making the investigation must transmit a copy of the case diary to the nearest
Judicial Magistrate and forward the accused to such Magistrate.
● The Magistrate may authorize the detention of the accused in custody for a term not
exceeding 15 days in total. If the Magistrate has no jurisdiction to try the case or commit
it for trial, they may order the accused to be forwarded to a Magistrate having such
jurisdiction.
● The Magistrate may authorize the detention of the accused beyond 15 days if adequate
grounds exist for doing so, but the total period of detention cannot exceed 90 days for
offences punishable with death or imprisonment for life, or 60 days for other offences.
After the specified period, the accused person must be released on bail if they are
prepared to furnish bail.
● The accused must be produced before the Magistrate in person for the first time and
subsequently every time until they are released from police custody. The Magistrate may
extend further detention in judicial custody on the production of the accused either in
person or through the medium of electronic video linkage.
● No Magistrate of the second class, not specially empowered in this regard by the High
Court, shall authorize detention in the custody of the police.
● If a woman under 18 years of age is detained, the detention shall be authorized to be in
the custody of a remand home or recognized social institution.
 ● If a Judicial Magistrate is not available, the officer in charge of the police station or the
police officer making the investigation may transmit a copy of the case diary to the
nearest Executive Magistrate, who may authorize the detention of the accused for a term
not exceeding 7 days in the aggregate. The accused person shall be released on bail after
the expiry of the authorized detention period, except where an order for further detention
has been made by a Magistrate competent to make such an order.
● A Magistrate authorizing detention in the custody of the police must record the reasons
for doing so in writing, and the record must be signed by the Magistrate. The accused
must also be informed of their right to apply for bail.
● Any Magistrate other than the Chief Judicial Magistrate must send a copy of their order
and reasons to the Chief Judicial Magistrate.
● If a case is triable by a Magistrate as a summons-case and the investigation is not
concluded within six months from the date of arrest, the Magistrate must make an order
stopping further investigation, unless the officer making the investigation can prove that
continuing the investigation is necessary for special reasons and in the interests of justice.
● If an order stopping further investigation has been made under sub-section (5), the
Sessions Judge can vacate the order and direct further investigation into the offence,
subject to specified directions regarding bail and other matters.
● If the accused is released on bail, they must comply with the conditions of the bail bond,
and failure to do so may result in their arrest.

Section 173: Report of Officer on Completion of Investigation

describes the procedure that police officers must follow after completing an investigation.
● Sub-section (1) requires that every investigation under this chapter must be completed
without unnecessary delay. Sub-section (1A) specifies that the investigation in relation to
certain offenses under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB,
or 376E of the Indian Penal Code must be completed from the date on which the
information was recorded by the officer in charge of the police station.
● If the investigation relates to an offense under sections 376, 376A, 376AB, 376B, 376C,
376D, 376DA, 376DB, or 376E, the report of the medical examination of the woman
must be attached.
● Subsection 2(i) As soon as it is completed, the officer in charge of the police station shall
forward to a Magistrate empowered to take cognizance of the offence on a police report,
a report in the form prescribed by the State Government, stating—
○ (a) the names of the parties;
○ (b) the nature of the information;
○ (c) the names of the persons who appear to be acquainted with the circumstances
of the case;
○ (d) whether any offence appears to have been committed and, if so, by whom;
○ (e) whether the accused has been arrested;
○ (f) whether he has been released on his bond and, if so, whether with or without
sureties;
○ (g) whether he has been forwarded in custody under section 170.

● Sub-section (2)(ii) requires the officer to communicate the action taken by him to the
person by whom the information relating to the offense was first given.
● Sub-section (3) specifies that where a superior officer of police has been appointed under
section 158, the report shall be submitted through that officer if so directed by the State
Government.
● Sub-section (4) requires the Magistrate to make an order for the discharge of the bond or
otherwise if the accused has been released on bond.
● Sub-section (5) requires the police officer to forward to the Magistrate all relevant
documents and statements recorded under section 161 of all the persons whom the
prosecution proposes to examine as its witnesses.
● Sub-section (6) specifies that if the police officer finds any part of a statement to be
irrelevant or its disclosure to the accused is not essential in the interests of justice and is
inexpedient in the public interest, he shall indicate that part of the statement and append a
note requesting the Magistrate to exclude that part from the copies granted to the accused.
 ● Sub-section (7) allows the police officer to furnish the accused with copies of any
relevant documents.
● Finally, sub-section (8) provides for further investigation in respect of an offense even
after a report has been forwarded to the Magistrate, and requires the officer in charge of
the police station to forward a further report regarding any new evidence obtained during
the investigation.

176. Inquiry by Magistrate into cause of death

● This section relates to the inquiry into the cause of death of a person.
● If the case is of a certain nature (referred to in sub-section 3), the nearest Magistrate
empowered to hold inquests must conduct an inquiry.
● In other cases (mentioned in sub-section 1 of section 174), any Magistrate so empowered
may hold an inquiry into the cause of death either instead of, or in addition to, the police
investigation.
● If a person dies or disappears while in police custody or rape is alleged to have been
committed on a woman in custody, an inquiry must be held by the Judicial or
Metropolitan Magistrate within the local jurisdiction.
● The Magistrate holding the inquiry must record the evidence taken in connection with the
case in the prescribed manner.
● If the Magistrate considers it necessary to examine the dead body of the person who has
already been interred, they may cause the body to be disinterred and examined.
● Where possible, the Magistrate must inform the relatives of the deceased and allow them
to remain present at the inquiry.
● If an inquiry or investigation is held under sub-section 1A, the body must be forwarded to
the nearest Civil Surgeon or other qualified medical person appointed by the State
Government within 24 hours of the person's death, unless it's not possible to do so for
reasons to be recorded in writing.
Unit 4: Stage of Investigation

Section 157: Procedure for Investigation

Procedure for Investigation:
(1) If an officer in charge of a police station receives information or suspects the commission of a
cognizable offence, they must:
● Immediately send a report to a Magistrate who can take cognizance of the offence upon a
police report.
● Proceed to the spot to investigate the facts and circumstances of the case.
● If necessary, take measures for the discovery and arrest of the offender.
● They can also depute a subordinate officer, not below a certain rank, to investigate
instead.
(2) Exceptions to the above:
● If the offence is not serious and the person accused is named in the information received,
the officer need not proceed in person or depute a subordinate officer.
● If there is no sufficient ground for an investigation, the officer should not investigate the
case.
Additional Provision:
● In cases of rape, the victim's statement should be recorded at her residence or place of
choice, and by a woman police officer in the presence of her parents, guardian, near
relatives, or a social worker of the locality.
(3) When the officer does not comply with the requirements of subsection (1), they must:
● State the reasons for their actions in the report.
● Notify the informant, if any, in the manner prescribed by the State Government, that they
will not investigate the case or cause it to be investigated.

Section 41: When Police May Arrest Without Warrant:

Any police officer can arrest a person without a warrant in the following situations:
● The person commits a cognizable offense in the presence of the police officer.
● A reasonable complaint has been made, or credible information has been received, or a
reasonable suspicion exists that the person has committed a cognizable offense
 punishable with imprisonment for a term less than or equal to seven years, with or
without a fine. However, certain conditions must be satisfied,
○ the police officer having reason to believe that the person committed the offense
and that
○ the arrest is necessary for the proper investigation of the offense or
○ to prevent the person from causing evidence to disappear or tampering with it.
The police officer must record the reasons in writing.
○ To prevent inducement, threat, or promise to any person to avoid him or her
disclosing such facts to the Court
○ Presence of such person cannot be ensured in the court until he is arrested
● Credible information has been received that the person has committed a cognizable
offense punishable with imprisonment for a term exceeding seven years, with or without
a fine or with the death sentence, and the police officer has reason to believe based on
that information that the person committed the offense.
● The person has been proclaimed as an offender by the State Government.
● The person has possession of stolen property or may reasonably be suspected of
committing an offense in relation to that property.
● The person obstructs a police officer while in the execution of his duty, or has escaped or
attempts to escape from lawful custody.
● The person is reasonably suspected of being a deserter from any of the Armed Forces of
the Union.
● The person has been involved in an act committed outside of India which would have
been punishable if committed in India and is liable to be apprehended or detained in
custody in India.
● The person, being a released convict, commits a breach of any rule made under
sub-section (5) of section 356.
● The police officer receives a written or oral requisition from another police officer for the
arrest of the person, specifying the offense or cause for which the arrest is to be made,
and it appears that the person might lawfully be arrested without a warrant.
 ● The police officer must record the reasons for arrest in writing, and if the arrest is not
required under the provisions of this sub-section, the officer must record the reasons for
not making the arrest.

Section 41A: Notice of Appearance before Police Officer

● If a person is suspected of committing a cognizable offence, or a complaint has been
made against them, or credible information has been received, the police officer can issue
a notice to the person to appear before them or at a specified location.
● The person must comply with the terms of the notice if they receive it.
● If the person complies with the notice, they should not be arrested unless the police
officer has a recorded reason for doing so.
● If the person does not comply with the notice or refuses to identify themselves, the police
officer may arrest them for the offence specified in the notice, subject to any orders
passed by a competent court.

Section 41B. Procedure of arrest and duties of officer making arrest

When a police officer arrests someone, they must:
a) Clearly display their name for easy identification;
b) Write down the arrest in a document, which must be witnessed and signed by the
person arrested and a member of their family or a respected person from the area where
the arrest took place; and
c) Inform the person being arrested that they have the right to ask for a relative or friend
to be informed about their arrest.

Section 41C: Control Room at Districts

● The State Government must create a police control room in every district and at the state
level.
● The control rooms in every district must display the names and addresses of arrested
persons, along with the name and position of the arresting officer, on a notice board
outside the control room.
 ● The control room at the state level must collect details about arrested persons, their
charges, and maintain a database for the information of the general public.

Section 41D: Right to meet an advocate during interrogation

● When a person is arrested and being interrogated by the police, they have the right to
meet with an advocate of their choice during interrogation.
● The person may not have the advocate present throughout the entire interrogation, but
they must be allowed to meet with them at some point during the interrogation process.

Section 46: Arrest how made

● When making an arrest, the police officer or person making the arrest must physically
touch or confine the person to be arrested, unless the person voluntarily submits to
custody by word or action.
● If a woman is being arrested, the police officer must not touch her unless it is necessary,
and her submission to custody on an oral intimation of arrest shall be presumed.
● If the person to be arrested resists or attempts to evade arrest, the police officer or person
making the arrest may use all means necessary to effect the arrest.
● The section does not give the police officer or person making the arrest the right to cause
the death of a person who is not accused of an offense punishable with death or life
imprisonment.

Section 47: Search of place entered by person sought to be arrested

1. If a person to be arrested is believed to be in any place, the person in charge of that place
must allow the person with the authority to make the arrest, to enter and search it.
2. If the person in charge of the place does not allow entry, the police officer can enter and
search the place, even by breaking open the doors or windows.
3. If the place is occupied by a woman who does not appear in public, the police officer
should give her notice and afford her reasonable opportunity to withdraw before entering,
and may then break open the apartment and enter it.
 4. If a police officer or any authorized person is detained while making a lawful arrest, they
can break open any door or window to liberate themselves or others.

Section 50: Person arrested to be informed of grounds of arrest and of right to bail.
1. When a person is arrested without a warrant, the police officer or other person making the
arrest must immediately inform them of the full details of the offence or other reasons for
the arrest.
2. If a police officer arrests a person without a warrant for a bailable offence, they must
inform the person that they have the right to be released on bail and that they may arrange
for sureties on their behalf.

Section 50A. Obligation of the person making the arrest to inform about the arrest, etc., to
a nominated person.
1. Every police officer or other person making any arrest under this Code shall forthwith
give the information regarding such arrest and place where the arrested person is being
held to any of his friends, relatives or such other persons as may be disclosed or
nominated by the arrested person for the purpose of giving such information.
2. The police officer shall inform the arrested person of his rights under sub-section (1) as
soon as he is brought to the police station.
3. An entry of the fact as to who has been informed of the arrest of such person shall be
made in a book to be kept in the police station in such form as may be prescribed in this
behalf by the State Government.
4. It shall be the duty of the Magistrate before whom such arrested person is produced, to
satisfy himself that the requirements of sub-section (2) and sub-section (3) have been
complied with in respect of such arrested person.

Section 51: Search of arrested person

● When a person is arrested without bail or unable to furnish bail, the arresting officer or
the police officer in charge can search the person and keep in safe custody any articles
found on them, except for necessary clothing.
 ● If any article is seized from the arrested person, the police officer must give a receipt to
the person.
● If a female needs to be searched, the search should be done by another female with
decency in mind.

Section 52: power of the arresting officer to seize any offensive weapon from the person
being arrested:
● The officer or person making the arrest can take away any offensive weapon found on the
arrested person.
● The officer or person making the arrest must deliver all such weapons to the Court or the
officer who requires the production of the arrested person as per the Code.

Section 53: Examination of accused by medical practitioner at the request of police officer
1. When a person is arrested for an offense and there are reasonable grounds for believing
that an examination of his person will provide evidence of the offense, a registered
medical practitioner at the request of a police officer not below the rank of sub-inspector,
can make an examination of the person arrested.
2. Such an examination may be made by a female medical practitioner in the case of a
female arrestee.
3. The medical practitioner can use necessary force to conduct the examination.
4. The examination can include the examination of blood, blood stains, semen, swabs in
case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the
use of modern and scientific techniques including DNA profiling and other tests which
the registered medical practitioner thinks necessary in a particular case.
5. A registered medical practitioner is a medical practitioner who possesses any medical
qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956
(102 of 1956) and whose name has been entered in a State Medical Register.
Section 53A of the Criminal Procedure Code pertains to the examination of a person
accused of rape or an attempt to commit rape.
● When a person is arrested for such an offence, a registered medical practitioner employed
in a government or locally run hospital, or any other registered medical practitioner
within a 16-kilometer radius, can be requested by a police officer of sub-inspector rank to
examine the accused person.
● The registered medical practitioner and any person acting under their direction can use
reasonable force to conduct the examination, which should be done without delay.
● The registered medical practitioner conducting the examination must prepare a report,
including the accused person's name, age, marks of injury (if any), description of material
taken from the person for DNA profiling, and other relevant details in reasonable detail.
● The report should state precisely the reasons for each conclusion arrived at, and the exact
time of commencement and completion of the examination should be noted.
● The registered medical practitioner must forward the report without delay to the
investigating officer, who will forward it to the Magistrate as part of the documents
referred to in section 173 of the Criminal Procedure Code.

Section 54. Examination of arrested person by medical officer.

● Any person who is arrested must be examined by a medical officer in the service of
Central or State Government or by a registered medical practitioner soon after the arrest
is made.
● If the arrested person is female, the examination must be conducted by a female medical
officer or a female registered medical practitioner under the supervision of another
female medical officer.
● The medical officer or registered medical practitioner conducting the examination must
prepare a record of the examination, including any injuries or marks of violence on the
person arrested and the approximate time when such injuries or marks may have been
inflicted.
● A copy of the report of the examination must be furnished to the arrested person or the
person nominated by the arrested person.
Section 54A allows for identification of a person who has been arrested on a charge of
committing an offence.
● If the investigating officer believes that the identification of the arrested person is
necessary for the purpose of investigating the offence, they can request the Court to direct
the person to subject himself to identification.
● The Court having jurisdiction may direct the arrested person to be identified by any
person or persons in a manner deemed fit by the Court.
● The first proviso to section 54A states that if the person identifying the arrested person is
mentally or physically disabled, the process of identification must take place under the
supervision of a Judicial Magistrate.
● The Judicial Magistrate must take appropriate steps to ensure that the disabled person
identifies the arrested person using methods that they are comfortable with.
● The second proviso to section 54A states that if the person identifying the arrested person
is mentally or physically disabled, the identification process must be videographed.

Section 55:
● Allows a police officer to delegate the power to arrest without a warrant to a subordinate
officer through a written order
● The order must specify the person to be arrested, the offense or cause for the arrest, and
the officer required to make the arrest
● The officer making the arrest must inform the person being arrested of the substance of
the order and show the order if requested
● This section does not affect the power of a police officer to make an arrest under section
41

Section 55A:
Places a duty on the person who has custody of an accused person to take reasonable care of their
health and safety.
Section 56:
Requires a police officer who arrests a person without a warrant to take or send the person
arrested, without delay and subject to bail provisions, before a Magistrate who has jurisdiction in
the case or before the officer in charge of a police station.

Section 57:
● Prohibits a police officer from detaining a person arrested without a warrant for a longer
period than what is reasonable under the circumstances of the case.
● The maximum period of detention, excluding the time needed to travel from the place of
arrest to the Magistrate’s Court, is 24 hours, unless there is a special order from a
Magistrate under section 167.

Section 60:
Allows a person in lawful custody to immediately pursue and re-arrest the person who has
escaped or has been rescued
Section 47 applies to such arrests even if the person making the arrest is not a police officer or is
not acting under a warrant

Section 60A:
Specifies that no arrest shall be made except in accordance with the provisions of the Code or
any other law in force for the time being

Search and Seizure:

Section 165 Procedure for search by a police officer during an investigation.

● An officer in charge of a police station or an investigating police officer can conduct a
search or cause a search to be made in any place within the limits of the police station or
attached to it.
● Before conducting a search, the officer must record in writing the grounds of his belief
and specify, as far as possible, the thing for which the search is to be made.
 ● The search should be conducted by the officer in person, if practicable.
● If the officer is unable to conduct the search, he may require any subordinate officer to
make the search, after recording the reasons for doing so in writing and delivering an
order to the subordinate officer specifying the place to be searched and the thing for
which the search is to be made.
● The provisions of the Code relating to search warrants and general provisions as to
searches contained in Section 100 shall, so far as may be, apply to a search made under
this section.
● Copies of any record made under sub-section (1) or sub-section (3) shall be sent forthwith
to the nearest Magistrate empowered to take cognizance of the offence.
● The owner or occupier of the place searched shall, on application, be furnished, free of
cost, with a copy of the same by the Magistrate.

Section 166: When officer in charge of police station may require another to issue
search-warrant.
● An officer in charge of a police station or a police officer not below the rank of
sub-inspector can request an officer in charge of another police station to conduct a
search in any place within the limits of the requesting officer's station.
● The officer who receives the request must conduct the search according to the procedures
mentioned in Section 165 and send any items found to the requesting officer.
● If the delay caused by requesting another officer to conduct the search could result in
evidence being destroyed, the requesting officer can search any place within the limits of
another police station without waiting for permission.
● Any officer conducting such a search must immediately inform the officer in charge of
the police station within whose limits the searched place is situated and send copies of the
search records to the nearest Magistrate who is authorized to take cognizance of the
offense.
● The owner or occupier of the searched place can obtain a free copy of the records sent to
the Magistrate upon application.
Unit 5: Bail

Section 436:
● Applies when a person (other than a person accused of a non-bailable offence) is arrested
or detained without warrant by an officer in charge of a police station, or appears or is
brought before a court.
● Such a person shall be released on bail if he is prepared to give bail at any time while in
custody or at any stage of the proceeding.
● The officer or court may discharge the person on his executing a bond without sureties
instead of taking bail, if he is indigent and unable to furnish surety.
● The explanation to this section states that if a person is unable to give bail within a week
of his arrest, he shall be presumed to be an indigent person for the purpose of this
provision.
● Nothing in this section shall affect the provisions of sub-section (3) of section 116 or
section 446A.
● If a person granted bail fails to comply with the conditions of the bail bond as regards
time and place of attendance, the court may refuse to release him on bail when he appears
before the court on a subsequent occasion in the same case.

Section 436A:
● Applies when a person has undergone detention for a period of up to one-half of the
maximum period of imprisonment specified for the offence under investigation, inquiry,
or trial.
● Such a person shall be released by the court on his personal bond with or without
sureties, provided that the offence is not one for which the punishment of death has been
specified.
● The court may order the continued detention of such person for a longer period or release
him on bail instead of the personal bond with or without sureties after hearing the public
prosecutor and recording the reasons in writing.
● No person shall be detained during the period of investigation, inquiry, or trial for more
than the maximum period of imprisonment provided for the offence under the law.
 ● The explanation to the section clarifies that the period of detention passed due to delay
caused by the accused shall be excluded while computing the period of detention under
this section for granting bail.

Section 437
1. Any person accused of or suspected of committing a non-bailable offense may be
released on bail if arrested without a warrant by an officer in charge of a police station or
brought before a court other than the High Court or Court of session.
2. The accused shall not be released on bail if reasonable grounds exist for believing that
he/she has committed an offense punishable by death or life imprisonment.
3. The accused shall not be released on bail if the offense is cognizable and the accused has
previously been convicted of an offense punishable by death, life imprisonment, or
imprisonment for seven years or more.
4. However, the court may direct that a person referred to in clauses (i) or (ii) be released on
bail if the person is under sixteen years of age, is a woman, or is sick or infirm.
5. The court may also direct that a person referred to in clause (ii) be released on bail if it is
satisfied that it is just and proper to do so for any other special reason.
6. The court cannot refuse to grant bail solely because the accused may be required for
identification by witnesses during the investigation.
7. No person accused of an offense punishable by death, life imprisonment, or
imprisonment for seven years or more can be released on bail by the court under this
section without giving an opportunity of hearing to the public prosecutor.
8. If it appears to the officer or court at any stage of the investigation, inquiry, or trial that
there are no reasonable grounds for believing that the accused has committed a
non-bailable offense, but that there are sufficient grounds for further inquiry into his/her
guilt, the accused shall be released on bail subject to the provisions of section 446A.
9. When a person accused or suspected of committing an offense punishable with
imprisonment of seven years or more is released on bail, the court shall impose certain
conditions, including attending in accordance with the conditions of the bond executed
under this chapter, not committing a similar offense, and not tampering with evidence.
 10. The court may also impose other conditions it considers necessary in the interests of
justice.
11. The officer or court releasing any person on bail under this section shall record in writing
his/her reasons for doing so.
12. Any court that has released a person on bail under this section may, if necessary, direct
that the person be arrested and committed to custody.
13. If the trial of a person accused of a non-bailable offense is not concluded within sixty
days from the first date fixed for taking evidence in the case, the person shall be released
on bail to the satisfaction of the magistrate, unless the magistrate directs otherwise in
writing.
14. If, after the conclusion of the trial of a person accused of a non-bailable offense and
before judgment is delivered, the court is of the opinion that there are reasonable grounds
for believing that the accused is not guilty of any such offense, it shall release the accused
on the execution of a bond without sureties for his/her appearance to hear judgment
delivered.

Section 438
● Provides for the grant of anticipatory bail to a person who has reason to believe that they
may be arrested on an accusation of having committed a non-bailable offence.
● The person can apply to the High Court or the Court of Session for a direction under this
section, and the court may direct that in the event of such arrest, the person shall be
released on bail.
● The High Court or the Court of Session may also impose certain conditions on the
person, such as making themselves available for interrogation by a police officer, not
making any inducement or threat to any person acquainted with the facts of the case, and
not leaving India without the previous permission of the court.
● If the person is thereafter arrested without warrant by an officer in charge of a police
station on such accusation and is prepared to give bail, he shall be released on bail.
● If a Magistrate taking cognizance of such offence decides that a warrant should be issued,
he shall issue a bailable warrant in conformity with the direction of the Court under
sub-section (1).
 ● However, it's important to note that this section does not apply to cases involving the
arrest of any person on an accusation of having committed an offence under sub-section
(3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian
Penal Code (45 of 1860).

Section 439: special powers of a High Court or Court of Session regarding bail.
● The section provides that a High Court or Court of Session may direct that any person
accused of an offence and in custody be released on bail, and may impose any condition
it considers necessary for the purposes mentioned in sub-section (3) of section 437, which
deals with the conditions for the grant of bail.
● The court may also set aside or modify any condition imposed by a Magistrate when
releasing a person on bail.
● The court must provide notice of the bail application to the Public Prosecutor before
granting bail to a person accused of an offense that is triable exclusively by the Court of
Session or punishable with life imprisonment. The court can choose to skip this notice if
it finds it impractical, but it must record its reasons in writing.
● Finally, the High Court or Court of Session may also direct that any person who has been
released on bail under this Chapter be arrested and committed to custody.

Section 80: Procedure on arrest of person against whom warrant issued

● When a warrant of arrest is executed outside the district in which it was issued, the
person arrested shall be taken before the Magistrate, District Superintendent of Police, or
Commissioner of Police within the local limits of whose jurisdiction the arrest was made,
unless any of the following conditions are met:
● The Court which issued the warrant is within 30 kilometers of the place of arrest.
● The Court which issued the warrant is nearer than the Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local limits of whose
jurisdiction the arrest was made.
● Security is taken under section 71 of the Code of Criminal Procedure. In such cases, the
person arrested can be taken before the Court which issued the warrant, and the
procedure for further actions shall be followed accordingly.
Section 81: Procedure by Magistrate before whom such person arrested is brought
● When a person is arrested, the Executive Magistrate or District Superintendent of Police
or Commissioner of Police should confirm if the arrested person is the same as the one
mentioned in the warrant.
● If the offence is bailable and the arrested person is willing to provide bail, the Magistrate
or Commissioner can take bail and forward the bond to the Court that issued the warrant.
● If the offence is non-bailable, the Chief Judicial Magistrate or Sessions Judge of the
district in which the arrest was made may release the person on bail based on the
information and documents referred to in sub-section (2) of section 78 (which deals with
bail).
● A police officer can still take security under section 71.

GENERAL

Grant of Bail:
Under Section 437 and 439 of the CrPC, the courts have the power to grant bail to an accused
person. Bail can be granted at any stage of the criminal proceedings, before or after conviction,
provided certain conditions are met. The court may grant bail on the following conditions:
1. The accused must provide a surety or security bond
2. The accused must surrender his passport or any other travel documents
3. The accused must not leave the country without the court's permission
4. The accused must not interfere with the witnesses or tamper with the evidence
5. The accused must cooperate with the investigation
6. The accused must not commit any similar offence while on bail.

Anticipatory Bail:
Under Section 438 of the CrPC, an accused person can apply for anticipatory bail if he
apprehends arrest. Anticipatory bail is granted by the court to prevent the accused person from
being arrested. The conditions for anticipatory bail are similar to those of regular bail. The court
may grant anticipatory bail on the following conditions:
1. The accused must cooperate with the investigation
 2. The accused must not leave the country without the court's permission
3. The accused must not interfere with the witnesses or tamper with the evidence
4. The accused must not commit any similar offence while on bail.

Cancellation of Bail:
Under Section 439(2) of the CrPC, the court has the power to cancel bail granted to an accused
person. If the accused person violates any of the conditions of the bail, the court may cancel the
bail and send him back to custody.

Compulsory Release:
Under Section 436A of the CrPC, an undertrial prisoner who has already undergone the
maximum period of imprisonment for the offence he is accused of, is entitled to be released on
bail. However, this provision is subject to certain conditions.

Bail in case of arrests made with a warrant:

Under Section 81 of the CrPC, when a person is arrested with a warrant, the officer in charge of
the police station or the investigating officer must produce the accused before the court. The
court may either grant bail or remand the accused to custody.
Unit 6 & 7: Pre Trial Proceedings

COGNIZANCE OF OFFENCES

Section 190. Cognizance of offences by Magistrates

1. Any magistrate of the first class or any magistrate of the second class who has been
empowered to take cognizance of an offense can do so under the following
circumstances:
● Upon receiving a complaint of facts which constitute such offense
● Upon a police report of such facts
● Upon information received from any person other than a police officer, or upon his own
knowledge, that such offense has been committed.
2. The Chief Judicial Magistrate has the authority to empower any Magistrate of the second
class to take cognizance under sub-section (1) of such offenses as are within his
competence to inquire into or try.
It is important to note that taking cognizance of an offense means that the court has initiated legal
proceedings against the accused, and the case has officially begun.

Section 193: Cognizance of offences by Courts of Session

● a Court of Session cannot take cognizance of any offense as a Court of original
jurisdiction.
● The Court of Session can only take up a case if it has been committed to it by a
Magistrate under the CrPC or any other law in force.

Section 199: Prosecution for Defamation:

1. No Court can take cognizance of an offence punishable under Chapter XXI of the Indian
Penal Code (IPC) unless a complaint is made by some person aggrieved by the offence.
2. The complaint can be made by the aggrieved person or by someone on their behalf, In
case the aggrieved person is under 18 years of age, is an idiot or a lunatic, or is unable to
make a complaint due to sickness or infirmity, or is a woman who, according to local
customs and manners, ought not to be compelled to appear in public.
 3. When an offence falling under Chapter XXI of the IPC is alleged to have been committed
against a public servant employed in connection with the affairs of the Union or a State in
respect of his conduct in the discharge of his public functions, a Court of Session can take
cognizance of such offence without the case being committed to it, upon a complaint in
writing made by the Public Prosecutor.
4. The complaint made by the Public Prosecutor under sub-section (2) must have the
previous sanction of the State Government or the Central Government, depending on the
public servant involved.
5. The complaint must set forth the facts that constitute the offence alleged, the nature of the
offence, and other particulars reasonably sufficient to give notice to the accused of the
offence alleged to have been committed by him.
6. No Court of Session can take cognizance of an offence under sub-section (2) unless the
complaint is made within six months from the date on which the offence is alleged to
have been committed.
7. This section does not affect the right of the person against whom the offence is alleged to
have been committed to make a complaint before a Magistrate having jurisdiction or the
power of such Magistrate to take cognizance of the offence upon such complaint.

COMPLAINTS TO MAGISTRATES

Section 200: Examination of complainant

● A Magistrate who takes cognizance of an offence based on a complaint must examine the
complainant and any present witnesses on oath.
● The examination of the complainant and witnesses must be recorded in writing and
signed by them and the Magistrate.
● If the complaint is made in writing, the Magistrate is not required to examine the
complainant and witnesses, provided that the complaint was made by a public servant
acting in the discharge of official duties or a court.
● If the Magistrate makes over the case to another Magistrate for inquiry or trial under
Section 192, the latter Magistrate need not re-examine the complainant and witnesses if
they have already been examined by the former Magistrate.
202. Postponement of issue of process
● A Magistrate receiving a complaint of an offense can postpone the issue of process
against the accused if he thinks fit.
● In such cases, he may inquire into the case himself or direct an investigation by a police
officer or any other person he deems suitable.
● The purpose of the inquiry or investigation is to determine if there is enough ground for
proceeding with the case.
● The Magistrate can take evidence of witnesses on oath during the inquiry, and he may
call upon the complainant to produce all witnesses and examine them on oath if the
offense is triable exclusively by the Court of Session.
● If the investigation is made by a person who is not a police officer, that person will have
all the powers given to an officer in charge of a police station for the investigation, except
the power to arrest without warrant.
● The Magistrate cannot order an investigation if the offense is triable exclusively by the
Court of Session or if the complaint has not been made by a Court without examining the
complainant and the witnesses on oath under Section 200.

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

204. Issue of process.

● This section deals with the issue of process by a Magistrate taking cognizance of an
offence.
● If the Magistrate believes there are sufficient grounds for proceeding, they may issue a
summons or warrant for the accused to appear before them or another Magistrate.
● A list of prosecution witnesses must be filed before a summons or warrant can be issued.
● In cases where the proceeding was initiated by a written complaint, a copy of the
complaint must be provided with the summons or warrant.
● Process fees and other fees must be paid before a process can be issued, or the Magistrate
may dismiss the complaint.
 ● This section does not affect the provisions of Section 87, which allows a Magistrate to
issue a warrant in certain circumstances where the accused has absconded or is
concealing themselves.

Section 209 Commitment of case to Court of Session when offense is triable exclusively by
it
● The Magistrate shall comply with the provisions of Section 207 or Section 208, as the
case may be, and then commit the case to the Court of Session.
● The accused may be remanded to custody until the commitment is made, subject to the
provisions of the Code relating to bail.
● The accused may be remanded to custody during the trial, subject to the provisions of the
Code relating to bail.
● The Magistrate shall send the record of the case and the documents and articles, if any,
which are to be produced in evidence, to the Court of Session.
● The Magistrate shall notify the Public Prosecutor of the commitment of the case to the
Court of Session.

Section 210: complaint case and a police investigation for the same offence.
● If the Magistrate conducting an inquiry or trial in the complaint case becomes aware of
the police investigation, they shall stop the proceedings and ask the police officer for a
report.
● If the police report identifies any accused in the complaint case, the Magistrate will hear
both cases together.
● If the police report does not relate to any accused in the complaint case, the Magistrate
will continue the inquiry or trial of the complaint case.

CHARGES

Section 211 of the Code of Criminal Procedure in India outlines what should be included in a
charge, which is a formal accusation against someone for committing a crime. The key points
are:
 1. The charge should clearly state the offence.
2. If there is a specific name for the offence, it should be used.
3. If there is no specific name, enough information should be provided to give the accused
notice of the matter.
4. The law and section of the law should be mentioned.
5. The charge being made means all legal requirements for the offence have been fulfilled.
6. The charge should be written in the language of the court.
7. If the accused has a previous conviction that can affect the punishment, it must be stated
in the charge. If it is not, it can still be added before sentencing.

Section 212 of the Code of Criminal Procedure outlines what particulars are required to be
included in a charge.
● The charge should contain details regarding the time, place, and person or thing involved
in the alleged offence.
● The particulars provided should be enough to give the accused notice of the matter with
which they are being charged.
● If the accused is charged with criminal breach of trust or dishonest misappropriation of
property, it is enough to specify the gross sum or a description of the property in question,
along with the dates of the alleged offence.
● The charge should not necessarily specify particular items or exact dates, and the time
between the first and last date should not exceed one year.

Section 213 applies when the details provided in Sections 211 and 212 are not sufficient to give
the accused proper notice of the matter with which they are charged.
● In such cases, the charge must contain additional particulars regarding the manner in
which the alleged offence was committed.
● These particulars should be sufficient to give the accused a clear understanding of the
specific charges against them.
● For example, in a theft case, the charge should provide details of how the theft was
committed, such as whether it involved breaking and entering or the use of force or
threats.
 ● The purpose of this requirement is to ensure that the accused is fully informed of the
charges against them and can prepare an appropriate defence.

Section 214:
● Words used in describing an offence should be interpreted according to their legal sense.
● The legal sense is determined by the law under which the offence is punishable.

Section 215:
● Errors or omissions in a charge are not considered material unless they actually mislead
the accused and lead to a failure of justice.
● No error or omission in the charge will be regarded as material unless it affects the
accused's understanding of the charges against them.
● Minor errors or omissions that do not affect the accused's understanding of the charges
will not be considered important.

Section 216:
● Any court may alter or add to a charge at any time before judgment is pronounced.
● The accused must be informed and the alteration or addition must be explained to them.
● If the alteration or addition is not likely to prejudice the accused or the prosecutor, the
court may proceed with the trial as if the altered or added charge was the original charge.
● If the alteration or addition is likely to prejudice the accused or the prosecutor, the court
may direct a new trial or adjourn the trial for a necessary period.
● If the offence stated in the altered or added charge requires previous sanction for
prosecution, the case cannot proceed until such sanction is obtained.

Section 217:
● When a charge is altered or added to by the court during the trial, the prosecutor and
accused have the right to recall or re-summon any witness who may have been examined.
● They also have the right to call any further witness whom the court may consider
material.
 ● However, if the court thinks that the recalling or re-examination of any witness is for
vexation or delay or for defeating the ends of justice, it may disallow it and record its
reasons for doing so.

Section 218:
● Every distinct offense of which a person is accused must be separately charged and tried.
● The accused can request that all or some of the charges against them be tried together if
the magistrate agrees and believes it will not prejudice the accused.

Section 219:
● If a person is accused of more than one offense of the same kind committed within 12
months, they can be charged with and tried for any number of them at one trial, up to
three.
● Offenses are considered of the same kind if they are punishable with the same amount of
punishment under the same section of the Indian Penal Code or any special or local law.

Section 220:
● If a person commits more than one offense in a series of acts forming the same
transaction, they can be charged with and tried for every such offense.
● If a person is accused of committing one or more offenses of falsification of accounts for
facilitating or concealing the commission of criminal breach of trust or dishonest
misappropriation of property, they can be charged with and tried for every such offense at
one trial.
● If the acts alleged constitute offenses under two or more separate definitions of any law,
the person accused can be charged with and tried for each such offense at one trial.
● If several acts, which would constitute different offenses by themselves, constitute a
different offense when combined, the person accused can be charged with and tried for
the offense constituted by such acts when combined, and for any offense constituted by
any one or more of such acts.
● However, Section 71 of the Indian Penal Code is not affected by this section.
221. Where it is doubtful what offence has been committed
● When it is not clear which of several offenses a person has committed based on the facts
that can be proven, the accused can be charged with all or any of those offenses, or
charged in the alternative with having committed one of them.
● If the accused is charged with one offense, but the evidence presented in court shows that
they actually committed a different offense that falls under the same ambiguous
circumstances, they can still be convicted of that offense even if they were not originally
charged with it.

Section 222:
● (1) If a person is charged with an offense that includes several parts, and a combination of
some of those parts equals a minor offense, the person can be convicted of the minor
offense even if it wasn't specifically charged.
● (2) If the facts presented during a trial reduce the offense to a minor offense, the person
can be convicted of the minor offense even if it wasn't specifically charged.
● (3) If a person is charged with an offense, they can be convicted of an attempt to commit
that offense even if the attempt wasn't specifically charged.
● (4) This section does not allow for the conviction of any minor offense if the necessary
conditions for initiating proceedings regarding that offense have not been met.

223. What persons may be charged jointly:

● Persons accused of the same offence committed in the same transaction can be charged
and tried together.
● Persons accused of an offence and persons accused of abetment of, or attempt to commit,
such offence can be charged and tried together.
● Persons accused of more than one offence of the same kind within twelve months can be
charged and tried together.
● Persons accused of different offences committed in the same transaction can be charged
and tried together.
 ● Persons accused of an offence which includes theft, extortion, cheating, or criminal
misappropriation, and persons accused of receiving, retaining, assisting in disposal, or
concealment of property can be charged and tried together.
● Persons accused of offences related to stolen property or counterfeit coin can be charged
and tried together.
● In the absence of any of the above conditions, a number of persons charged with separate
offences can be tried together if they desire so in writing and the court agrees.

224. Withdrawal of remaining charges on conviction on one of several charges.:

● When a charge containing multiple heads is framed against a person and a conviction is
obtained on one or more of them, the remaining charge or charges can be withdrawn with
the consent of the court.
● The withdrawal of charges has the effect of an acquittal, unless the conviction is set aside.
● If the conviction is set aside, the court can proceed with the inquiry or trial of the
withdrawn charge or charges.

Section 228: Framing of charge

● If the Judge believes that the accused has committed an offense that is not exclusively
triable by the Court of Session, he may frame a charge and transfer the case for trial to the
Chief Judicial Magistrate or any other Judicial Magistrate of the first class.
● The accused will be directed to appear before the Chief Judicial Magistrate or the Judicial
Magistrate of the first class on a specified date.
● The trial will be conducted in accordance with the procedure for the trial of warrant-cases
instituted on a police report.
● If the offense is exclusively triable by the Court, the Judge will frame a written charge
against the accused.
● The charge will be read and explained to the accused.
● The accused will be asked whether they plead guilty or want to be tried.
Unit 8, 9 & 10: Trial Proceedings

Section 225
In a trial before a Court of Session, a Public Prosecutor shall conduct the prosecution.

Section 226
When the accused is brought before the Court in pursuance of a commitment of the case under
section 209, the prosecutor shall
- describe the charge and
- state the evidence proposed to prove the accused's guilt.

Section 230: Date for prosecution evidence.

● If the accused refuses to plead, does not plead, claims to be tried, or is not convicted
under section 229, the Judge will set a date for the examination of witnesses.
● The Judge may issue any process to compel the attendance of witnesses or the production
of documents upon the application of the prosecution.

Section 231: Evidence for prosecution

● On the set date, the Judge will proceed to take all evidence presented in support of the
prosecution.
● The Judge may allow the cross-examination of a witness to be deferred until after other
witnesses have been examined, or recall a witness for further cross-examination at their
discretion.

Section 232 - Acquittal:

This section states that if the judge finds no evidence that the accused has committed the crime
after considering the prosecution's evidence, examining the accused, and hearing both the
prosecution and the defense, the judge shall record an order of acquittal.

Section 233 - Entering upon defense:

 1. If the accused is not acquitted as per Section 232, they are to present their defense and
any supporting evidence.
2. If the accused submits a written statement, the judge shall file it as part of the trial record.
3. If the accused requests the court to compel the attendance of a witness or production of a
document or thing, the judge should issue the required order unless they believe it is for
vexation, delay, or to defeat the ends of justice. In this case, the judge must record their
reasons for refusing the application.

Section 234 - Arguments:

This section outlines the procedure for closing arguments. After the defense has presented its
witnesses (if any), the prosecutor will sum up their case. The accused or their legal representative
has the right to reply. If the defense raises a point of law, the prosecutor may address it with the
judge's permission.

Section 242 - Evidence for prosecution:

1. If the accused refuses to plead, doesn't plead, or claims to be tried, and the Magistrate
doesn't convict under section 241, the Magistrate will schedule a date for the examination
of witnesses. The statement of witnesses recorded during the police investigation will be
provided to the accused in advance.
2. The Magistrate may issue a summons to any prosecution witness to attend the trial or
produce documents or other things upon the prosecution's application.
3. On the scheduled date, the Magistrate will proceed to take all evidence produced in
support of the prosecution. The Magistrate may allow the cross-examination of a witness
to be deferred or recall any witness for further cross-examination.

Section 243 - Evidence for defense:

1. The accused will be called upon to present their defense and produce evidence. If they
submit a written statement, the Magistrate will file it with the record.
2. If the accused requests the Magistrate to issue any process for compelling the attendance
of a witness for examination or cross-examination, or the production of any document or
thing, the Magistrate will issue such process unless they believe it's made for vexation,
 delay, or defeating the ends of justice, in which case the reasons must be recorded in
writing.
3. The attendance of a witness who has already been cross-examined or had the opportunity
for cross-examination before the accused's defense won't be compelled, unless the
Magistrate is satisfied that it's necessary for the ends of justice.
4. Before summoning any witness on an application under sub-section (2), the Magistrate
may require that the reasonable expenses incurred by the witness in attending the trial be
deposited in court.

251. Substance of accusation to be stated.

The section states that the particulars of the offense the accused is charged with must be
presented to them. The accused will then be asked whether they plead guilty or have any defense
to make. However, it is not necessary to frame a formal charge in a summons-case.

SUMMARY TRIALS

Section 260 - Power to try summarily:

This section states that certain Magistrates (Chief Judicial Magistrate, Metropolitan Magistrate,
and Magistrate of the first class specially empowered by the High Court) can choose to try the
following offenses in a summary way:
1. Offenses not punishable with death, life imprisonment, or imprisonment exceeding two
years.
2. Theft (under sections 379, 380, or 381 of the Indian Penal Code) where the stolen
property value does not exceed two thousand rupees.
3. Receiving or retaining stolen property (under section 411 of the Indian Penal Code)
where the property value does not exceed two thousand rupees.
4. Assisting in the concealment or disposal of stolen property (under section 414 of the
Indian Penal Code) where the property value does not exceed two thousand rupees.
5. Offenses under sections 454 and 456 of the Indian Penal Code.
 6. Insult with intent to provoke a breach of the peace (under section 504) and criminal
intimidation punishable with imprisonment up to two years, or with fine, or with both
(under section 506 of the Indian Penal Code).
7. Abetment of any of the aforementioned offenses.
8. Attempt to commit any of the aforementioned offenses when the attempt itself is an
offense.
9. Offenses related to acts for which a complaint can be made under section 20 of the
Cattle-trespass Act, 1871.

Section 261 - Summary trial by Magistrate of the second class:

The High Court may grant Magistrates of the second class the power to try summarily any
offense punishable only with a fine or imprisonment not exceeding six months, with or without a
fine, and any abetment or attempt to commit such an offense.

Section 262 - Procedure for summary trials:

1. In summary trials under this Chapter, the procedure specified in the Code for the trial of
summons-cases shall be followed, except as mentioned hereinafter.
2. No sentence of imprisonment exceeding three months can be passed in any conviction
under this Chapter.
Unit 11 & 12: Judgements

GENERAL PROVISIONS FOR INQUIRIES AND TRIALS

Section 300 - Person once convicted or acquitted not to be tried for the same offense:
● A person cannot be tried again for the same offense or any other offense based on the
same facts after conviction or acquittal.
● With the State Government's consent, a person acquitted or convicted may be tried for
any distinct offense.
● A person convicted of an offense may be tried for a different offense if consequences
were unknown or hadn't happened at the time of conviction.
● Despite an acquittal or conviction, a person may be tried for any other offense constituted
by the same acts if the first trial court was not competent.
● A person discharged under section 258 shall not be tried again for the same offense
without consent from the discharging court or its subordinate court.

Section 304 - Legal aid to accused at State expense in certain cases:

● Court of Session provides legal aid to accused without representation and insufficient
means.
● High Court makes rules for selecting pleaders, facilities, and fees with State Government
approval.
● State Government can extend provisions to other courts in the State.

Section 305 - Procedure when a corporation or registered society is an accused:

1. Corporations and registered societies can appoint a representative for trial.
2. Code requirements apply to the representative.
3. Court presumes the appointment if there's a signed statement by the managing director.
4. The Court determines if the representative is valid.
Section 306 - Tender of pardon to accomplice:
1. Magistrates may tender a pardon to persons involved in or privy to certain offenses for
full disclosure.
2. This section applies to offenses triable exclusively by the Court of Session or punishable
with imprisonment up to 7 years or more.
3. Magistrates must record reasons for tendering pardon and acceptance or refusal.
4. Persons accepting pardon will be examined as a witness and detained until trial
termination.
5. Magistrate commits the case for trial or makes it over to the Chief Judicial Magistrate
after examining a person accepting a pardon.

Section 310 - Local inspection:

1. Judges or Magistrates may visit and inspect places related to an alleged offense with due
notice to parties.
2. They must record a memorandum of relevant facts observed during inspection.
3. The memorandum forms part of the case record and can be provided to parties upon
request.

Section 311 - Power to summon material witness, or examine person present:

1. Courts may summon, examine, or re-examine any person at any stage of inquiry, trial, or
other proceeding.
2. The Court must summon or re-examine anyone if their evidence is essential for a just
decision.

Section 311A - Power of Magistrate to order a person to give specimen signatures or

handwriting:
1. Magistrates may order any person, including an accused, to provide specimen signatures
or handwriting if necessary for investigation or proceeding.
2. The person must attend and provide the specimens at the specified time and place.
 3. No order can be made unless the person has been arrested in connection with the
investigation or proceeding.

Section 312 - Expenses of complainants and witnesses:

1. Criminal Courts may order payment of reasonable expenses for complainants or
witnesses attending any inquiry, trial, or proceeding.
2. This is subject to any rules made by the State Government.

THE JUDGEMENT:

Section 353 - Judgment:

1. Judgments must be pronounced in open court by the presiding officer.
2. Judgments can be delivered in different manners (whole, operative part, or substance).
3. The presiding officer must sign and date the judgment.
4. The whole judgment or a copy must be available for parties or their pleaders free of cost.
5. If the accused is in custody, they must be present to hear the judgment.
6. If the accused is not in custody, they must attend to hear the judgment, with some
exceptions.

Section 354 - Language and contents of judgment:

1. Judgments must be written in the language of the court and contain specific information.
2. In cases of doubt, the court must express the same and pass judgment in the alternative.
3. The judgment must state reasons for the sentence awarded.
4. The court must record reasons for awarding a sentence shorter than expected.
5. The sentence for death penalty must direct hanging by the neck until death.
6. Certain orders must contain specific details for determination, decision, and reasons.

Section 355 - Metropolitan Magistrate's judgment:

Instead of recording a judgment in the typical manner, a Metropolitan Magistrate must record
specific particulars such as the serial number of the case, date of the offense, names of parties
involved, offense, plea, final order, date of the order, and a brief statement of reasons for the
decision in cases where an appeal is possible.

Section 361 - Special reasons to be recorded in certain cases:

The court must record in its judgment the special reasons for not dealing with an accused person
under Section 360, the Probation of Offenders Act, 1958, or any other law for the treatment,
training, or rehabilitation of youthful offenders.

Section 362 - Court not to alter judgment:

A court cannot alter or review its judgment or final order once signed, except to correct a clerical
or arithmetical error, unless provided by the Code or any other law in force.
Section 363 - Copy of judgment to be given to the accused and other persons:
1. A copy of the judgment must be given to the accused immediately after its
pronouncement if sentenced to imprisonment, free of cost.
2. A certified copy or translation of the judgment must be provided to the accused without
delay and free of cost if the judgment is appealable.
3. The provisions of sub-section (2) apply to orders under Section 117.
4. The court must inform the accused of the appeal period when sentenced to death and an
appeal lies from such judgment as of right.
5. Any person affected by a judgment or order can obtain a copy upon application and
payment of the prescribed charges, or the court may provide it free of cost for special
reasons.
6. The High Court may provide rules for granting copies of judgments or orders to persons
not affected by them, with payment of fees and under certain conditions.

Section 364 - Judgment when to be translated:

The original judgment must be filed with the record of the proceedings. If the original judgment
is recorded in a language different from that of the court and the accused requires, a translation
into the language of the court must be added to the record.
Section 365 - Court of Session to send copy of finding and sentence to District Magistrate:
In cases tried by the Court of Session or a Chief Judicial Magistrate, the court or the magistrate,
as applicable, must forward a copy of its finding and sentence (if any) to the District Magistrate
within whose local jurisdiction the trial was held.

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

Section 366 - Sentence of death to be submitted by Court of Session for confirmation:

● Court of Session submits death sentence to High Court.
● Execution of death sentence depends on High Court confirmation.
● Convicted person committed to jail custody under a warrant.

Section 367 - Power to direct further inquiry to be made or additional evidence to be taken:
● High Court may initiate further inquiry or request additional evidence.
● High Court can conduct the inquiry or evidence collection or direct Court of
Session to do so.
● Convicted person's presence may not be necessary during inquiry or evidence
collection.
● Result of inquiry or evidence to be certified to the High Court.

Section 368 - Power of High Court to confirm sentence or annul conviction:

● High Court may confirm the sentence, pass another sentence, or annul the
conviction.
● High Court can convict the accused of a different offense or order a new trial.
● High Court may acquit the accused.
● Confirmation order only made after appeal period expires or appeal is disposed
of.

Section 369 - Confirmation or new sentence to be signed by two Judges:

● When the High Court consists of two or more Judges, confirmation, new
sentence, or order must be signed by at least two Judges.
Section 370 - Procedure in case of difference of opinion:
● In case of equal division of opinions among Judges, the case is decided according
to Section 392.

Section 371 - Procedure in cases submitted to High Court for confirmation:

● High Court officer sends a copy of the confirmation or other order to the Court of
Session.
● Copy is sent without delay, under the High Court's seal, and attested with the
officer's official signature.
Unit 13: Rights of Accused

Section 300 - Person once convicted or acquitted not to be tried for the same offense:
● A person cannot be tried again for the same offense or any other offense based on the
same facts after conviction or acquittal.
● With the State Government's consent, a person acquitted or convicted may be tried for
any distinct offense.
● A person convicted of an offense may be tried for a different offense if consequences
were unknown or hadn't happened at the time of conviction.
● Despite an acquittal or conviction, a person may be tried for any other offense constituted
by the same acts if the first trial court was not competent.
● A person discharged under section 258 shall not be tried again for the same offense
without consent from the discharging court or its subordinate court.

Section 304 - Legal aid to accused at State expense in certain cases:

● Court of Session provides legal aid to accused without representation and insufficient
means.
● High Court makes rules for selecting pleaders, facilities, and fees with State Government
approval.
● State Government can extend provisions to other courts in the State.

Section 313 - Power to examine the accused:

Court can question the accused to clarify any evidence against them:
a. At any stage without warning.
b. After prosecution witnesses are examined, before the accused presents their defense.
1. c. In summons-cases, personal attendance and examination may be dispensed with.
2. Accused is not administered an oath during examination.
3. Accused won't be liable for punishment for refusing to answer or giving false answers.
4. Answers given can be considered in the inquiry or trial and used as evidence in other
inquiries or trials for other offenses.
 5. Court may take help from Prosecutor and Defense Counsel to prepare questions and may
permit a written statement by the accused as sufficient compliance.

Section 316 - No influence to be used to induce disclosure:

No influence (promise, threat, or otherwise) should be used on an accused person to make them
disclose or withhold any matter within their knowledge, except as provided in sections 306 and
307.

Section 317 - Provision for inquiries and trial being held in the absence of accused in
certain cases:
If the Judge or Magistrate is satisfied that the accused's personal attendance isn't necessary or the
accused persistently disturbs proceedings, they may:
a. Dispense with the accused's attendance if represented by a pleader.
b. Proceed with the inquiry or trial in the accused's absence.
1. c. Direct the accused's personal attendance at any subsequent stage.
If the accused isn't represented by a pleader or their attendance is necessary, the Judge or
Magistrate may:
a. Adjourn the inquiry or trial for reasons to be recorded.
2. b. Order that the accused's case be taken up or tried separately.

Section 319 - Proceeding against other persons appearing to be guilty of the offense:
1. If during an inquiry or trial, evidence suggests that someone other than the accused has
committed an offense, the Court may proceed against that person.
2. The person may be arrested or summoned if not attending the Court.
3. A person attending the Court may be detained for inquiry or trial purposes.
4. Proceedings against such person will start afresh, with witnesses re-heard, and the case
proceeds as if the person had been accused from the beginning.

Section 327 - Court to be open:

1. Criminal Courts are open courts, accessible to the public, as long as there's room.
 2. The presiding Judge or Magistrate may order to restrict public access or any specific
person's access during any stage of inquiry or trial.
3. Inquiry and trial of rape and related offenses under the Indian Penal Code will be
conducted in camera (privately), with some exceptions.
4. A woman Judge or Magistrate should conduct in camera trials as far as practicable.
5. Printing or publishing matters related to such proceedings is not lawful, except with prior
Court permission. Confidentiality of names and addresses of parties should be
maintained.

Section 321 - Withdrawal from prosecution:

1. Public Prosecutor or Assistant Public Prosecutor can withdraw from the prosecution with
the Court's consent before the judgment.
Withdrawal consequences:
a. Before a charge is framed: Accused discharged.
a. b. After a charge is framed or no charge required: Accused acquitted.
Prosecutor must not move for withdrawal if the offense involves:
a. Executive power of the Union.
b. Delhi Special Police Establishment's investigation.
c. Central Government property.
d. Central Government employee's official duty.
2. Prosecutor must obtain Central Government permission to withdraw and present it to the
Court before obtaining consent.

Section 406 - Power of Supreme Court to transfer cases and appeals:

1. Supreme Court may direct the transfer of a case or appeal from one High Court to another
High Court, or from a Criminal Court subordinate to one High Court to another Criminal
Court of equal or superior jurisdiction subordinate to another High Court, if expedient for
the ends of justice.
2. The Supreme Court may act on the application of the Attorney-General of India or a
party interested. Applications must be made by motion and supported by affidavit or
 affirmation, except when the applicant is the Attorney-General of India or the
Advocate-General of the State.
3. If the application is dismissed and the Supreme Court deems it frivolous or vexatious, it
may order the applicant to pay compensation not exceeding one thousand rupees to any
person who opposed the application.

Section 409 - Withdrawal of cases and appeals by Session Judge:

1. A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal
made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to
him.
2. Before the trial of the case or the hearing of the appeal commences before the Additional
Sessions Judge, a Sessions Judge may recall any case or appeal made over to any
Additional Sessions Judge.
3. If a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or
sub-section (2), he may either try the case in his own Court, hear the appeal himself, or
make it over in accordance with the provisions of this Code to another Court for trial or
hearing, as the case may be.
Unit 14: Rights of Victims

Section 357 - Order to pay compensation:

When a court imposes a sentence of fine or a sentence that includes a fine, the court may order
the whole or any part of the fine to be applied to:

a) Defraying the expenses of the prosecution.

b) Paying compensation to any person for loss or injury caused by the offense, when
compensation is recoverable in a Civil Court.
c) Paying compensation to those entitled under the Fatal Accidents Act, 1855, when the
offense involves causing or abetting the death of another person.
d) Compensating a bona fide purchaser of stolen property for their loss if the property is
restored to the rightful owner in cases involving theft, criminal misappropriation,
criminal breach of trust, cheating, or dishonestly receiving or retaining stolen property.

1. If the fine is imposed in a case subject to appeal, no payment shall be made before the
period allowed for presenting the appeal has elapsed or the decision of the appeal, if an
appeal is presented.
2. When a court imposes a sentence that does not include a fine, the court may order the
accused person to pay compensation to the person who has suffered any loss or injury
due to the act for which the accused person has been sentenced.
3. An order under this section may also be made by an Appellate Court or by the High
Court or Court of Session when exercising its powers of revision.
4. When awarding compensation in any subsequent civil suit relating to the same matter, the
court shall take into account any sum paid or recovered as compensation under this
section.
Section 357A - Victim compensation scheme:

1. Every State Government, in coordination with the Central Government, shall prepare a
scheme for providing funds for compensation to the victim or their dependents who
require rehabilitation due to loss or injury as a result of a crime.
2. The District Legal Service Authority or the State Legal Service Authority shall decide the
quantum of compensation when the court recommends compensation.
3. If the trial court concludes that the compensation awarded under section 357 is
inadequate for rehabilitation, or in cases of acquittal or discharge, it may recommend
compensation for rehabilitation.
4. If the offender is not traced or identified, but the victim is identified, and no trial takes
place, the victim or their dependents may apply to the State or the District Legal Services
Authority for compensation.
5. Upon receiving recommendations or applications, the State or the District Legal Services
Authority shall award adequate compensation after completing the inquiry within two
months.
6. The State or the District Legal Services Authority may order immediate first-aid or
medical benefits free of cost or any other interim relief as deemed fit.

Section 357B - Compensation in addition to fine under sections 326A or 376D of the Indian
Penal Code:
Compensation payable by the State Government under section 357A shall be in addition to the
payment of fine to the victim under sections 326A, 376AB, 376D, 376DA, and 376DB of the
Indian Penal Code (45 of 1860).

Section 357C - Treatment of victims:

All hospitals, public or private, run by the Central Government, State Government, local bodies,
or any other person, shall immediately provide first-aid or medical treatment free of cost to
victims of offenses covered under sections 326A, 376, 376A, 376AB, 376B, 376C, 376D,
376DA, 376DB, or 376E of the Indian Penal Code (45 of 1860) and immediately inform the
police of such incident.
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

Section 413 - Execution of order passed under section 368:

● Execution of death sentence confirmed by High Court carried out by Court of Session
through warrant or other necessary steps.

Section 414 - Execution of sentence of death passed by High Court:

● Court of Session issues a warrant to carry out the death sentence passed by High Court in
appeal or revision.

Section 415 - Postponement of execution of sentence of death in case of appeal to Supreme

Court:
● Execution postponed until the appeal period expires or the appeal is disposed of.
● Execution also postponed during application for certificate under Article 132 or 134 of
the Constitution.
● Execution postponed if the person intends to present a petition to the Supreme Court
under Article 136 of the Constitution.

Section 416 - Postponement of capital sentence on pregnant woman:

● Death sentence commuted to life imprisonment if the woman is found to be pregnant.

Section 417 - Power to appoint place of imprisonment:

● State Government directs the place of imprisonment.
● Person in civil jail can be removed to a criminal jail by Court or Magistrate.
● Released person sent back to civil jail unless conditions specified are met.

Section 418 - Execution of sentence of imprisonment:

● Court forwards warrant to jail for imprisonment sentences.
● Warrant issued for arrest if accused is not present in Court.
 ● Sentence commences on the date of arrest.

Section 419 - Direction of warrant for execution:

● Warrant directed to the officer in charge of the jail or other place of confinement.

Section 420 - Warrant with whom to be lodged:

● Warrant lodged with the jailor when the prisoner is confined in a jail.
Unit 16: Appeals, Reference & Revision

APPEALS

Section 372 - No appeal as of right except in certain cases:

● This section states that no appeal shall lie from any judgment or order of a criminal court,
except as provided by the CrPC or any other law.
● An appeal can be filed on behalf of the victim in certain cases, subject to the provisions
of the CrPC.

Section 373 - Appeal from an order requiring security or refusal to accept or rejecting a
bond:
● This section allows a person who is required by a court order to give security or whose
bond has been rejected or not accepted to file an appeal against that order.
● The appeal must be filed within 30 days of the order, and it can be filed in the Court of
Session or High Court.

Section 374 - Appeals from convictions:

● This section outlines the process for filing an appeal against a conviction.
● Any person convicted on a trial held by a High Court in its extraordinary original
criminal jurisdiction may appeal to the Supreme Court.
● Any person convicted on a trial held by a Court of Session or a Metropolitan Magistrate
may appeal to the High Court.
● Any person convicted on a trial held by a Magistrate may appeal to the Court of Session.

Section 375 - No appeal in certain cases when the accused pleads guilty:
This section states that there shall be no appeal when the accused pleads guilty and is convicted
based on that plea, in the following situations:
 a) If the conviction is by a High Court
b) If the conviction is by a Court of Session, Metropolitan Magistrate, or Magistrate of
the first or second class, except as to the extent or legality of the sentence.

Section 376 - No appeal in petty cases:

● This section states that there shall be no appeal by a convicted person in certain petty
cases, such as when the sentence involves short imprisonment or a small fine.
● However, an appeal may be brought against such a sentence if any other punishment is
combined with it.

Section 377 - Appeal by the State Government against sentence:

● This section allows the State Government to direct the Public Prosecutor to present an
appeal against a sentence on the ground of its inadequacy.
● The State Government can appeal to the Court of Session if the sentence is passed by a
Magistrate, and to the High Court if the sentence is passed by any other court.

Section 378 - Appeal in case of acquittal:

● This section deals with the appeal process in cases of acquittal.
● The District Magistrate or the State Government may direct the Public Prosecutor to
present an appeal against an acquittal order.
● The Central Government may also direct an appeal in cases where the offense has been
investigated by the Delhi Special Police Establishment or any other agency empowered to
investigate offenses under any Central Act.

Section 379:
● Allows appeal to Supreme Court
● Applies when High Court reverses acquittal and convicts with severe sentences

Section 380:
● Special right of appeal
● Applies when multiple persons are convicted in one trial
Section 381:
1. Appeal to Court of Session heard by Sessions Judge or Additional Sessions Judge
● Exception: Magistrate of the second class cases heard by Assistant Sessions Judge
or Chief Judicial Magistrate
2. Additional Sessions Judges, Assistant Sessions Judges, or Chief Judicial Magistrates hear
appeals assigned by Sessions Judge or directed by High Court

REFERENCE & REVISION

Section 395 - Reference to High Court:

1. If a case involves the validity of any Act, Ordinance, or Regulation necessary for case
disposal, and the Court believes it to be invalid or inoperative, it will state a case and
refer it to the High Court.
2. A Court of Session or Metropolitan Magistrate may refer any question of law to the High
Court in cases not covered by sub-section (1).

Section 396 - Disposal of case according to the decision of High Court:

1. The High Court will pass an order on the referred question and send a copy to the
referring Court, which will dispose of the case accordingly.
2. The High Court may direct who will pay the costs of such reference.

Section 397 - Calling for records to exercise powers of revision:

1. The High Court or any Sessions Judge may call for and examine records from inferior
Criminal Courts within their jurisdiction to ensure the correctness, legality, propriety, and
regularity of any finding, sentence, order, or proceeding. They may suspend the execution
of any sentence or order and release the accused on bail or their own bond.
2. Revision powers cannot be exercised for interlocutory orders.
3. No further application can be entertained by the High Court or Sessions Judge if an
application has already been made by the same person.
Section 398 - Power to order inquiry:
The High Court or Sessions Judge may direct the Chief Judicial Magistrate to make further
inquiries into any dismissed complaint or the case of any person accused of an offense who has
been discharged.

Section 399 - Sessions Judge's powers of revision:

1. The Sessions Judge may exercise all powers that the High Court can exercise under
section 401.
2. Certain provisions of section 401 apply to revision proceedings commenced by a
Sessions Judge.
3. The decision of the Sessions Judge on any application for revision is final and cannot be
entertained by the High Court or any other Court.

Section 400 - Power of Additional Sessions Judge:

An Additional Sessions Judge has the same powers as a Sessions Judge under this Chapter for
any case transferred to them.

Section 401 - High Court's powers of revision:

1. The High Court may exercise certain powers conferred on a Court of Appeal or a Court
of Session.
2. No order under this section shall be made to the prejudice of the accused or other person
unless they have an opportunity to be heard.
3. The High Court cannot convert a finding of acquittal into a conviction.
4. No revision proceedings can be entertained if an appeal is available but not brought.
5. The High Court may treat an application for revision as a petition of appeal in the interest
of justice.

Section 402 - Power of High Court to withdraw or transfer revision cases:

This section outlines the procedures for transferring revision cases between the High Court and
Sessions Judge.
Section 403 - Option of Court to hear parties:
No party has the right to be heard before a Court exercising its powers of revision unless the
Court decides to hear them.

Section 404 - Statement by Metropolitan Magistrate of grounds of his decision to be

considered by High Court:
The Metropolitan Magistrate may submit a statement of grounds for their decision, which the
High Court or Court of Session will consider before overruling or setting aside the decision.

Section 405 - High Court's order to be certified to lower Court:

When a case is revised, the High Court or Sessions Judge will certify its decision or order to the
lower Court, which will then make necessary orders and amendments.
Unit 18: Plea Bargaining

Plea bargaining is a legal process in which the accused and the prosecution negotiate a mutually
satisfactory disposition of a criminal case, typically involving the accused pleading guilty to a
lesser offense in exchange for a lighter sentence. In India, the concept of plea bargaining was
introduced through the Criminal Law (Amendment) Act, 2005, which amended the Criminal
Procedure Code (CrPC).
Relevant sections of the CrPC that deal with plea bargaining are Sections 265A to 265L:
1. Section 265A - Application of the Chapter: This section clarifies that plea bargaining is
applicable only to cases where the maximum punishment is imprisonment for seven years
or less and does not involve offenses affecting the socio-economic condition of the
country or committed against a woman or a child below 14 years.
2. Section 265B - Application for Plea Bargaining: The accused can file an application for
plea bargaining in the court where the trial is pending. The application must include a
brief description of the case and the offense committed, and it must be filed voluntarily
by the accused.
3. Section 265C - Guidelines for Mutually Satisfactory Disposition: The court, after
examining the application, may permit the prosecution and the accused to work out a
mutually satisfactory disposition of the case, which may include giving compensation to
the victim and other terms agreed upon by the parties.
4. Section 265D - Report of the mutually satisfactory disposition: If a satisfactory
disposition of the case has been worked out, the court shall prepare a report of such
disposition, which shall be signed by the presiding officer and all parties involved.
5. Section 265E - Disposal of the case: After the court records the mutually satisfactory
disposition, it shall dispose of the case by awarding the sentence as per the terms of the
disposition. This may include a reduced sentence or the imposition of a fine.
6. Section 265F - Judgment of the Court: The court shall deliver its judgment in open court,
and the judgment must be signed by the presiding officer.
7. Section 265G - Finality of the Judgment: The judgment delivered by the court under
Section 265F shall be final, and no appeal shall lie against it, except for the special leave
 petition under Article 136 of the Constitution or a writ petition under Articles 226 and
227.
8. Section 265H - Power of the Court in Plea Bargaining: The court, in the exercise of its
powers under this chapter, shall have all the powers vested in it under the CrPC for trial
of cases.
9. Section 265I - Period of Detention undergone by the accused to be set off against the
sentence of imprisonment: The provisions of Section 428 of the CrPC shall apply in
relation to the accused who has undergone detention during the investigation, inquiry, or
trial of the same case.
10. Section 265J - Savings: The provisions of this chapter do not affect any other provisions
of the CrPC or any other law for the time being in force.
11. Section 265K - Statements not to be used: Statements made by the accused during plea
bargaining proceedings shall not be used for any other purpose except for the specific
plea bargaining process.
12. Section 265L - Non-application of the Chapter: This chapter does not apply to cases
where the accused has previously been convicted of the same offense.