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Cr PC - Criminal Procedure Code TY LLB Notes

Penology Criminology (Savitribai Phule Pune University)

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Cognizable Offence (Sec. 2[C])
 In this offence the police officer can arrest
the accused person without warrant
 It is an offence, which may be investigated
by the Police officer without the order of
Magistrate
 It is an offence which is shown as
cognizable in Schedule I of CrPC
 Such offences are serious in nature
 They are non bailable and non-
compoundable
Warrant (Sec. 70 to 81)
 Sec. 2 (x) of CrPC contains warrant
 Warrant is a case relating to an offence
punishable with imprisonment for more
than 2 yrs.
 Framing of charges is necessary
 The court may discharge the accused if the
complainants fails to appear on the date of
hearing
 The warrant case cannot be converted into
summons
 In warrant case if the complaint is
dismissed due to insufficiency of evidence a
fresh complaint can be filed for the same
offence (subject to period of limitation)
Bailable Offence
 Its an offence as shown as bailable in
Schedule I of CrPC Sec 2 (A)
 Less serious in nature
 Non cognizable & Compoundable
 The accused in bailable offence may claim
bail as per his right.
 No police custody can be granted to the
accused
 The accused can be released on bail by
police officer/magistrate
 Simple hurt, defamation, cases u/s 138 of
Negotiable instrument act are bailable
offences
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Non-Cognizable Offence (Sec. 2[C])
 In this office the police officer has no power to
arrest the accused person without warrant
 It is an offence, which cannot be investigated by
the Police officer without the order of Magistrate
 It is an offence which is shown as not cognizable in
Schedule I of CrPC
 Such offences are less serious in nature
 They are bailable and compoundable
Summons
 Sec 2 (W) of CrPC contains summons
 Summons is a case relating to an offence
punishable for imprisonment upto 2 yrs.
 Framing of formal charges is not necessary
 If the complainant fails to appear in the court on
the date of hearing the court may acquit the
accused.
 The summons case can be converted into a
warrant case as per provision under Sec. 295 CrPC.
 In summons case if the complaint is dismissed due
to insufficiency of evidence etc, no fresh
complaints can be filed for the same offence.
Non Bailable Offence
 Its an offence shown as non bailable in Schedule I
of CrPC Sec 2 (A)
 Serious in nature
 Cognizable & non compoundable
 Granting bail in such offences lies within the
powers & discretion of magistrate. The accused
person cannot claim bail as per his right.
 There is no such restriction
 The accused cannot be released on bail by police
officer
 Murder, attempt to commit murder, dacoity,
causing grievous hurt are non bailable offences
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Compoundable Offences Non-Compoundable Offences

 Compoundable offences are classified under
section 320 of CrPC
 Less serious in nature
 Mostly affects private person
 Compoundable offences are mainly of 2
types
1. Compoundable with the permission of
court
2. Compoundable without the permission
of court
 Can be compromised by the victim &
offender with or without the permission of
the court
 Upon a compromise the offender is
acquitted without any trial
 Non compoundable offences are also classified
under section 320 of CrPC
 Serious in nature
 A private party as well as society is affected
 There are no types of non-compoundable
offences
 No compromise is allowed. Even the court does
not have the authority & power to compound
such offence.
 Full trial is held which may result with the
acquittal or conviction of offender based on
evidence given.

Investigation, Inquiry and Trial:

Sn.2(h): "Investigation" includes all the proceedings under the Cr.P.C. for the collection of evidence conducted by a police
officer or person authorized by the Magistrate.
Sn.2 (g): Inquiry means every inquiry, other than a trial, conducted by a Magistrate or Court under Cr.P.C.
Investigation, inquiry and trial denote the three successive stages in the Criminal proceedings.

(i) Investigation: is conducted by the Police Officer. The objective is to collect evidence in respect of the case on
hand. It starts witjh the F.I.R. It includes: Proceeding to the spot, getting the facts and circumstances,
collecting all the evidence available, examining perjsons, arresting the accused, making the search, seizing
materials etc He submits a report to the Magistrate in the prescribe form.
(ii) Inquiry : The end of investigation is the beginning of the inquiry. This is a proceeding of the Magistrate or
Court prior to trial. The objective is to find the truth or falsity of the facts to proceed further, to take action. If
there is any truth, there will be a trial otherwise the accused is discharged. Enquiry may be judicial, non-
judicial, local or preliminary. Examples are: proceedings for maintenance of wife a children, enquiring for
keeping the peace. Proceeding under Sn.145 Cr.P.C. is an inquiry.
(iii) Trial: The essence of this is that the Proceeding ends in conviction or acquittal. An inquiry is not a trial. The
sessions trial and the warrant case trial are examples. (In a summons case, there is no formal charge or
inquiry).

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Topic Definition Section

 Arrest means taking a person in custody under legal authority.
 Arrest is a restraint of the liberty of a person in order to compel obedience to the order of the
Arrest court of justice or to prevent the commission of crime. Sec. 41, 42,
 Arrest means the deprivation of a person of his liberty by the legal authority 44, 51
 Arrest is a temporary suspension of liberty of the person
Arrest with Warrant: 1. When magistrate issues & signs an order addressed to a Police officer
2. Produce the person before a magistrate within 24 hrs of arrest.
Arrest without Warrant: 1. Police officer 2. Private person (sec. 43) Amendra Nath vs state AIR
1955 PAT 106. 3. Arrest by magistrate.
 First Information Report (FIR) is a written document prepared by the police when they
receive information about the commission of a cognizable offence.
 It is a report of information that reaches the police first in point of time and that is why it is
called the First Information Report.
 It is generally a complaint lodged with the police by the victim of a cognizable offence or by
someone on his/her behalf. Anyone can report the commission of a cognizable offence
FIR either orally or in writing.
Sec. 154
 The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure
(CrPC), 1973, or in any other law.
 However, in police regulations or rules, information recorded under Section 154 of CrPC is
known as First Information Report (FIR).
 There are three important elements of an FIR:
1. The information must relate to the commission of a cognizable offence,
2. It should be given in writing or orally to the head of the police station,
3. It must be written down and signed by the informant, and its key points should be
recorded in a daily diary.
1. If any Court has reason to believe (whether after taking evidence or not) that any person
against whom a warrant has been issued by it has absconded or is concealing himself so that
such warrant cannot be executed, such Court may publish a written proclamation requiring
him to appear at a specified place and at a specified time not less than thirty days from the
date of publishing such proclamation.
2. The proclamation shall be published as follows:—
(i)(a) it shall be publicly read in some conspicuous place of the town or village in which such
person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or
homestead in which such person ordinarily resides or to some conspicuous place of such town
or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a
daily newspaper circulating in the place in which such person ordinarily resides.
Proclamation 3. A statement in writing by the Court issuing the proclamation to the effect that the Sec. 82 &
proclamation was duly published on a specified day, in the manner specified in clause (i) of 83
sub-section (2), shall be conclusive evidence that the requirements of this section have been
complied with, and that the proclamation was published on such day.
4. Where a proclamation published under sub-section (1) is in respect of a person accused of an
offence punishable under sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398,

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399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear
at the specified place and time required by the proclamation, the Court may, after making

1. Right to know the ground of arrest (sec 50)

2. Right to consult legal practitioner Art 22(1)
3. Right of information regarding release on bail Sec. 50(2) – Case law: Govind Prasad vs
Rights Of state of west Bengal (1975) Sec. 50, 56,
Arrested 4. Right to produce before magistrate without delay Sec. 56 Case law Khatri vs state of Bihar 57, 54, 55A
Person 1981
5. Right not to be detained for more than 24 hours Sec 57
6. Right to get relative or friend informed Sec 50 A
7. Right to examine by medical practitioner Sec 54. – Case law Sheela Barse vs state of
Maharashtra 1983
8. Right to free legal Aid Sec 304
SECTION 211 CONTENTS OF CHARGE SECTION
212 PARTICULARS AS TO TIME, PLACE AND PERSON SECTION
213 WHEN MANNER OF COMMITTING OFFENCE MUST BE STATED SECTION
214 WORDS IN CHARGE TAKEN IN SENSE OF LAW UNDER WHICH OFFENCE IS PUNISHABLE
SECTION
215 EFFECT OF ERRORS SECTION
216 COURT MAY ALTER CHARGE SECTION
217 RECALL OF WITNESSES WHEN CHARGE ALTERED

211. Contents of charge –

(1) Every charge under this Code shall state the offence with which the accused is charged Sec. 211 to
(2) If the law which creates the offence gives it any specific name, the offence may be described in 217
Charge the charge by that name only
(3) If the law which creates the offence does not give it any specific name so much of the
definition of the offence must be stated as to give the accused notice of the matter with which he
is charged
(4) The law and section of the law against which the offence is said to have been committed shall
be mentioned in the charge
(5) The fact that the charge is made is equivalent to a statement that every legal condition
required by law to constitute the offence charged was fulfilled in the particular case
(6) The charge shall be written in the language of the Court
(7) If the accused, having been previously convicted of any offence, is liable, by reason of such
previous conviction, to enhanced punishment, or to punishment of a different kind, for a
subsequent offence, and it is intended to prove such previous conviction for the purpose of
affecting the punishment which the Court may think fit to award for the subsequent offence, the
fact date and place of the previous, conviction shall be stated in the charge; and if such statement
has been omitted, the Court may add it at any time before sentence is passed.
SECTION 218 SEPARATE CHARGES FOR DISTINCT OFFENCES SECTION
219 THREE OFFENCES OF SAME KIND WITHIN YEAR MAY BE CHARGED TOGETHER SECTION
220 TRIAL FOR MORE THAN ONE OFFENCE SECTION
Joinder Of 221 WHERE IT IS DOUBTFUL WHAT OFFENCE HAS BEEN COMMITTED SECTION Sec. 218 to
Charge 222 WHEN OFFENCE PROVED INCLUDED IN OFFENCE CHARGED SECTION 224

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223 WHAT PERSONS MAY BE CHARGED JOINTLY SECTION

224 WITHDRAWAL OF REMAINING CHARGES ON CONVICTION ON ONE OF SEVERAL CHARGES
CASE LAW: 1. SangaraboniaSreenu Vs. State of Andhra Pradesh 1997. 2. State Of Himachal
Pradesh vs Tara Dutta AIR 2000 SC 297. 3. Ram Nagina Roy Vs Mahavir Kanoo 1995

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in
the case, record any confession or statement made to him 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: Provided that no confession shall be recorded by a
police officer on whom any power of a Magistrate has been conferred under any law for the time
being in force
(2) The Magistrate shall, before recording any such confession, explain to the person making it
that he is not bound to make a confession and that, if he does so, it may be used as evidence
against him; and the Magistrate shall not record any such confession unless, upon questioning the
person making it, he has reason to believe that it is being made voluntarily
Recording of (3) If at any time before the confession is recorded, the person appearing before the Magistrate
confession & states that he is not willing to make the confession, the Magistrate shall not authorise the Sec. 164
statement detention of such person in police custody
(4) 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; and
the Magistrate shall make a memorandum at the foot of such record to the following effect:— "I
have explained to (name) that he is not bound to make a confession and that, if he does so, any
confession he may make may be used as evidence against him and I believe that this confession
was voluntarily made It was taken in my presence and hearing, and was read over to the person
making it and admitted by him to be correct, and it contains a full and true account of the
statement made by him (Signed) AB Magistrate"
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such
manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate,
best fitted to the circumstances of the case; and the Magistrate shall have power to administer
oath to the person whose statement is so recorded
(6) 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 177 ORDINARY PLACE OF INQUIRY AND TRIAL SECTION
178 PLACE OF INQUIRY OR TRIAL SECTION
179 OFFENCE TRIABLE WHERE ACT IS DONE CONSEQUENCE ENSUES SECTION
180 PLACE OF TRIAL WHERE ACT IS OFFENCE BY REASON OF RELATION TO OTHER OFFENCE
SECTION
181 PLACE OF TRIAL IN CASE OF CERTAIN OFFENCES SECTION
Jurisdiction 182 OFFENCES COMMITTED BY LETTERS, ETC SECTION
of court for 183 OFFENCE COMMITTED ON JOURNEY OR VOYAGE SECTION Sec. 177 to
trial & 184 PLACE OF TRIAL FOR OFFENCES TRIABLE TOGETHER SECTION 189
inquiry 185 POWER TO ORDER CASES TO BE TRIED IN DIFFERENT SESSIONS DIVISIONS SECTION
186 HIGH COURT TO DECIDE, IN CASE OF DOUBT, DISTRICT WHERE INQUIRY OR TRIAL SHALL TAKE
PLACE SECTION
187 POWER TO ISSUE SUMMONS OR WARRANT FOR OFFENCE COMMITTED BEYOND LOCAL
JURISDICTION SECTION
188 OFFENCE COMMITTED OUTSIDE INDIA SECTION

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189 RECEIPT OF EVIDENCE RELATING TO OFFENCES COMMITTED OUTSIDE INDIA

SECTION 225 TRIAL TO BE CONDUCTED BY PUBLIC PROSECUTOR SECTION

226 OPENING CASE FOR PROSECUTION SECTION
227 DISCHARGE SECTION
228 FRAMING OF CHARGE SECTION
Trial before a 229 CONVICTION ON PLEA OF GUILTY SECTION
court of 230 DATE FOR PROSECUTION EVIDENCE SECTION Sec. 225 to
session 231 EVIDENCE FOR PROSECUTION SECTION 237
232 ACQUITTAL SECTION 233 ENTERING UPON DEFENCE SECTION
234 ARGUMENTS SECTION
235 JUDGMENT OF ACQUITTAL OR CONVICTION SECTION
236 PREVIOUS CONVICTION SECTION
237 PROCEDURE IN CASES INSTITUTED UNDER SECTION 199(2)
Section 436. In what cases bail to be taken.
(1) When any person other than a person accused of a non-bailable offence is arrested or
detained without warrant by an officer in charge of a police station, or appears or is brought
before a Court, and is prepared at any time while in the custody of such officer or at any stage of
the proceeding before such Court to give bail, such person shall be released on bail: Provided that
such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge
him on his executing a bond without sureties for his appearance as hereinafter provided: Provided
further that nothing in this sec

SECTION 437 WHEN BAIL MAY BE TAKEN IN CASE OF NON-BAILABLE OFFENCE SECTION

(i) In non-bailable cases in which the person is not guilty of an offence punishable with death or
imprisonment for life, the Court will exercise its discretion in favour of granting bail subject to
BAIL & sub-section (3) of section 437 if it deems necessary to act under it; Anil Sharma v. State of Sec. 436,
BONDS Himachal Pradesh, (1997) 3 Crimes 135 (HP). 437 & 438
(ii) Unless exceptional circumstances are brought to the notice of the Court which may defeat the
proper investigation and fair trial, the Court will not decline bail to a person who is not, accused
of an offence punishable with death or imprisonment for life; Anil Sharma v. State of Himachal
Pradesh, (1997) 3 Crimes 135 (HP).
(iii) The application of petitioner is dismissed by High Court by a cryptic order. High Court to pass a
reasoned order while disposing of application; Dhruv v. State of Bihar, AIR 2000 SC 209.

Section 438 DIRECTION FOR GRANT OF BAIL TO PERSON APPREHENDING ARREST (Anticipatory
Bail)
1. When any person has reason to believe that he may be arrested on an accusation of having
committed a non-bailable offence, he may apply to the High Court or the Court of Session for
direction under this section; and that Court may, if it thinks fit, direct that in the event of such
arrest, he shall be released on bail (Called as Anticipatory bail).
2. When the High Court or the Court of Session makes a direction under sub-section (1), it may
include such conditions in such directions in the light of the facts of the particular case, as it may
thinks fit, including— (i) a condition that the person shall make himself available for

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interrogation by a police officer as and when required (ii) a condition that the person shall not,
directly or indirectly, make any inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such facts to the Court or to any
police officer (iii) a condition that the person shall not leave India without the previous
permission of the court (iv) such other condition as may be imposed under sub section (3) of437
SECTION 225 TRIAL TO BE CONDUCTED BY PUBLIC PROSECUTOR SECTION
226 OPENING CASE FOR PROSECUTION SECTION
227 DISCHARGE SECTION
The 228 FRAMING OF CHARGE SECTION
probation of 229 CONVICTION ON PLEA OF GUILTY SECTION
offender act 230 DATE FOR PROSECUTION EVIDENCE SECTION Sec. 4, 5, 6
1958 231 EVIDENCE FOR PROSECUTION SECTION
232 ACQUITTAL SECTION 233 ENTERING UPON DEFENCE SECTION Sec 13 &
234 ARGUMENTS SECTION 14
235 JUDGMENT OF ACQUITTAL OR CONVICTION SECTION
236 PREVIOUS CONVICTION SECTION
237 PROCEDURE IN CASES INSTITUTED UNDER SECTION 199(2)
SECTION 260 POWER TO TRY SUMMARILY
261 SUMMARY TRIAL BY MAGISTRATE OF THE SECOND CLASS SECTION
262 PROCEDURE FOR SUMMARY TRIALS SECTION
263 RECORD IN SUMMARY TRIALS SECTION
264 JUDGMENT IN CASES TRIED SUMMARILY SECTION
265 LANGUAGE OF RECORD AND JUDGMENT

Summary Of Definition: Summary trial implies speedy disposal. By summary case is meant a case which can be Sec. 260 to
Trial tried and disposed of at once. Summary trial is not intended for a contentious and complicated 265
case which necessitates a lengthy inquiry.
The object of summary trial is to have a record sufficient for the purpose of justice but not so long
as to impede speedy disposal of cases. The procedure prescribed for trial of summons-cases
should be followed (section 262). At the conclusion of the trial the Magistrate enters the accused's
plea and the finding in a form prescribed by Government. No formal charge is framed. There is no
appeal in such a trial if a sentence of fine only not exceeding two hundred rupees has been
awarded. There can be an application for revision to the High Court.
Definition: The disposal of cases by method of "plea bargaining" is an alternative method to deal
with the huge arrears of criminal cases. It is really a measure and redressal, as the same has been
brought on statute, it has also added new dimensions in the realm of judicial reforms.

"Plea-bargaining" means pre-trial negotiations between the accused and prosecution during
which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.

265A Application of the Chapter

Plea 265B Application for plea bargaining Sec. 265-A
bargaining 265C Guidelines for mutually satisfactory disposition to 265-L
265D Report of the mutually satisfactory disposition to be submitted before the Court
265E Disposal of the case
265F Judgment of the Court
265G Finality of the judgment

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265H Power of the Court in plea bargaining

265I Period of detention undergone by the accused to be set off against the sentence of
imprisonment
265J Savings
265K Statements of accused not to be used
265L Non-application of the Chapter
Summons The processes to compel appearance are dealt with here: (1) Summons (section 61) and (2) Warrant (section
70). Whether a summons or warrant should be issued in the first instance is determined by columns 4 and 5 of Schedule I.
Where a summons has failed to secure attendance, it is open to the Court or Magistrate to issue a warrant (section 87). In
cases where a warrant fails to take effect, the procedure of (3) proclamation as absconder (section 82) is taken; and if the
absconder is not forthcoming, (4) his property is attached and sold (sections 83 and 85). One more method of securing
attendance is (5) the taking of bond with or without sureties (section 88).

Warrant of Arrest:
The requisites of a valid warrant can be gathered from this section and the form of warrant of arrest in Form No. 2 of the
Second Schedule. They are as follows:
1. The warrant must be in writing.
2. It must bear the name and designation of the person who is to execute it.
3. It must give full name and description of the person to be arrested.
4. It must state the offence charged.
5. It must be signed by the presiding officer.
6. It must be sealed
A warrant once issued remains in force until it is cancelled or executed even though it bears a returnable date.
A Magistrate is, however, only competent to issue a warrant of arrest for production of a person before his own Court,
and not before a police officer.

Non-bailable warrants.—
Non-bailable warrants deprive a person of his liberty which is protected by Article 21 of the Constitution. The Supreme
Court therefore observed that such warrants must be issued with due care. The Court enumerated the circumstances in
which non-bailable warrant should be issued as follows:
Non-bailable warrants should be issued to bring a person to the court when summons of bailable warrants would be
unlikely to have the desired result. This should be (a) when it is reasonable to believe that the person will not voluntarily
appear in the court, or (b) police authorities are unable to find the person to serve him with a summon, or (c) it is
considered that the person could harm someone if not placed into custody immediately.

Order for maintenance of wives, children and parents.— (1) If any person having sufficient means neglects or refuses to
maintain— (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or
not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his
father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or
refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at
such monthly rate 1.[***], as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from
time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to
make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female
child, if married, is not possessed of sufficient means. 2. [ Provided further that the Magistrate may, during the pendency

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of the proceeding regarding monthly allowance for the maintenance under this subsection, order such person to make a
monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such
proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from
time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and
expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date.

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