1.

2 Sentences Answer (6 questions, 2 marks each)

1. Define 'inquiry'.
Ans. 2(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a
Magistrate or Court. The main objective of inquiry is to extract valuable information and
such information that helps to prove whether the offence committed was criminal in nature.
Every inquiry under CrPC is a headstart that helps us to know the nature of the crime
committed.

2. Define' 'offence' under CrPC

Ans. 2(n) “offence” means any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a complaint may be made under
section 20 of the Cattle Trespass Act, 1871 (1 of 1871). An offence is constituted as soon as it
is found that the acts which constitute that offence have been committed by the accused. An
act or omission is an offence only if it is made punishable by any law for the time being in
force and not otherwise.

3. Who is a Public Prosecutor?

Ans. 2(u) “Public Prosecutor” means any person appointed under section 24, and includes
any person acting under the directions of a Public Prosecutor. The Public Prosecutor is the
counsel for the Government and conducts prosecution on behalf of the State Government or
Central Government as the case may be.

4. Who is a Probation officer?

Ans. 2(b) “probation officer” means an officer appointed to be a probation officer or
recognised as such under section 13. A probation official is a court officer who regularly
meets people sentenced to a supervised probation period. Generally, these people are
perpetrators and lower-level criminals.

5. What is 'children's court'?

Ans. 2(20) “Children’s Court” means a court established under the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of
Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such
courts have not been designated, the Court of Sessions having jurisdiction to try offences
under the Act. When the case of a child in conflict with the law is transferred, the Children’s
Court must decide whether “there is a need for the child to be tried as an adult” or whether
“there is no need for the child to be tried as an adult and the Board may undertake an
inquiry.”

6. Give any 2 rights of an accused person.

Ans. Right to defend (S. 303) - Any person accused of an offence before a criminal court
may, as of right, be defended by a pleader of his choice.
Right to protection against double jeopardy (S. 300) - No person shall be punished more
than once for a same offence. But initial burden is upon the accused to take necessary plea of
autrefois convict and establish the same.

7. What is Plea Bargaining?

Ans. “Plea bargaining” agreement in a criminal case between the prosecution and the accused
changes his plea from not guilty to guilt may be defined as an defense by which the y in
return for an offer by the prosecution or when the judge has informally let it be known that he
will minimize the sentence if the accused pleads guilty. It is an instrument of criminal
procedure which reduces enforcement costs (for both parties) and allows the prosecutor to
concentrate on more meritorious cases. Plea bargaining allows the accused to bargain with
the court on the sentence that will be awarded.

8. How is an arrest made?

Ans. Section 46(1) states that in making an arrest the police officer or other person shall
actually touch or confine the body of the person to be arrested, unless there be a submission
to the custody by word or action by the person to be arrested. The essential elements of arrest
are that (i) there must be an intention to arrest under the authority of law; and (ii) it must be
accompanied by seizure or detention of a person in the manner known to and recognised by
law.

9. When a search warrant may be issued?

Ans. A search warrant may be issued in the following cases:
● a person will not produce such document or thing
● document or thing is not known to the court to be in the possession of any person
● purpose of any inquiry, trial or other proceeding will be served by a general search of
inspection
● any place is used for the deposit or sale of stolen property, or for the deposit, sale or
production of any objectionable article
● any person is confined under such circumstances that the confinement amounts to an
offence.
● anything necessary for the purposes of an investigation into any offence cannot be
obtained without undue delay without such search.
10. What do you mean by compounding of offences?
Ans. Stated simply, "compounding" means arranging or coming to terms." The compounding
of an offence presupposes that an offence has been committed but the victim is willing either
to forgive it or to accept some form of solatium as sufficient compensation for what he has
suffered. Thus, compounding an offence means to forbear from prosecution for consideration.

11. What do you mean by Judicial Proceeding?

Ans. 2(i) “judicial proceeding” includes any proceeding in the course of which evidence is or
may be legally taken on oath.

12. Define Victim

Ans. 2(wa) "Victim" means a person who has suffered any loss or injury caused by reason of
the act or omission for which the accused person has been charged. The expression would
include his or her guardian or legal heir.

13. Define Warrant Case

Ans. 2(x) "Warrant case" is defined as a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years. Those cases which are
punishable up to two years are summons cases; while the other cases are warrant cases. The
division is made with a view to separate ordinary cases from serious cases.

14. What do you mean by Investigation?

Ans. 2(h) "Investigation" includes all the proceedings for the collection of evidence
conducted by a police officer or by any other person authorised by a magistrate. The
definition is inclusive and not exhaustive. In common parlance, the word "investigation"
extends to search for and collection of evidence in order to find out whether an offence has
been committed.

15. What do you mean by Adoption?

Ans. 2(2) JJ Act - “adoption” means the process through which the adopted child is
permanently separated from his biological parents and becomes the lawful child of his
adoptive parents with all the rights, privileges and responsibilities that are attached to a
biological child.

16. Define Fit Person

Ans. 2(28) JJ Act - “fit person” means any person, prepared to own the responsibility of a
child, for a specific purpose, and such person is identified after inquiry made in this behalf
and recognised as fit for the said purpose, by the Committee or, as the case may be, the
Board, to receive and take care of the child.

17. Define Special Home.

Ans. 2(56) JJ Act - “special home” means an institution established by a State Government
or by a voluntary or non-governmental organisation, registered under section 48, for housing
and providing rehabilitative services to children in conflict with law, who are found, through
inquiry, to have committed an offence and are sent to such institution by an order of the
Board.

18. Which are different types of trial?

Ans. Session Trial– If the offence committed is punishable with more than seven years of
imprisonment or Life imprisonment or Death, the trial is to be conducted in a Sessions court
after being committed or forwarded to the court by a magistrate.
Warrant Trial– Warrant case includes offence punishable with the death penalty,
imprisonment for life and imprisonment exceeding two years. A trial in a warrant case
begins either by filing an FIR in a Police Station or by filing it before a Magistrate.
Summon Trial- If the offence committed is punishable with less than two years of
imprisonment, it is taken as a summons case. In respect of this offence, it is not necessary to
frame charges.
Summary Trial– Those trials in which cases are disposed of speedily with a simple
procedure to follow and recording of such trials are done summarily. In this trial only small
cases are taken in hand and complicated cases are reserved for summon and warrant trials.

19. What is the effect of withdrawal from a Prosecution?

Ans. If the withdrawal from the prosecution is made before a charge has been framed, the
accused shall be discharged in respect of such offence or offences. If the withdrawal is made
after a charge has been framed or when under the Code no charge is required to be framed, he
shall be acquitted in respect of such offence or offences. Such discharge or acquittal will
operate as a bar to a retrial. But if the order is not passed on merits or withdrawal is on a
technical ground, no such bar will operate.

20. Who has jurisdiction in cases of Juveniles?

Ans. S. 27 of CrPC - When a person under the age of sixteen years commits an offence not
punishable with death or imprisonment for life, he may be tried by the Court of Chief Judicial
Magistrate or by any court specially empowered under the Children Act, 1960 or any other
law providing for the treatment, training and rehabilitation of such offender.

21. Who can give bail in a bailable offence?

Ans. Where a person accused of a bailable offence is arrested or detained without warrant or
appears or is brought before a court and is prepared to give bail, the police officer or the court
having custody of such person shall release him on bail. The police officer or court, instead of
taking bail from him may release him on his executing a bond without sureties.

22. Metropolitan area.

Ans. 2(k) CrPC - “metropolitan area” means the area declared, or deemed to be declared,
under section 8, to be a metropolitan area. It is an area in the State comprising a city or town
whose population exceeds one million.

23. Commencement of Period of limitation

Ans.S. 469, the period of limitation shall commence from the date the offence is committed.
If the commission of the offence is not known to the person aggrieved or to the police officer,
the period of limitation commences on the first day on which the commission of the offence
is known to the person aggrieved or to the police officer, whichever date is earlier. So also,
where it is not known by whom the offence is committed the period of limitation starts from
the first day on which the identity of the offender is known to the person aggrieved or to the
investigating officer, whichever date is earlier.

24. Define conviction and acquittal.

Ans. Acquittal - Acquittal is a verdict in the criminal case that the accused is not guilty of
the offence.
Conviction - a formal declaration by the verdict of a jury or the decision of a judge in a court
of law that someone is guilty of a criminal offence.

25. Oral complaints under Cr.P.C. means

Ans. Oral complaint is any allegation made orally to a magistrate, with a view to his taking
action under the Code, that some person whether known or unknown, has committed an
offence. Filing of complaint is one of the important modes by which a magistrate can take
cognizance of an offence.

26. Charge means.

Ans. 2(b) “charge” includes any head of charge when the charge contains more heads than
one. A charge is a precise formulation of the specific accusation made against a person of an
offence alleged to have been committed by him. It is not an accusation made or information
given in abstract but an accusation made against a person in respect of an act committed or
omitted in violation of a penal law forbidden or commanding it.

27. Define children Home.

Ans. 2(19) JJ Act - “Children’s Home” means a Children’s Home, established or maintained,
in every district or group of districts, by the State Government, either by itself, or through a
voluntary or non-governmental organisation, and is registered as such for the purposes
specified in section 50.

28. To whom the Public Prosecutor represents in trial?

Ans. The Public Prosecutor is the counsel for the Government and conducts prosecution on
behalf of the State Government or Central Government as the case may be. In criminal cases,
the State and not the complainant is a party. The victim is allowed to engage an advocate of
his choice to assist the prosecution.

29. Inquiry or Trial to be conducted in camera means

Ans. In camera is a legal term that means in private. In-camera describes court cases, parts of
it, or processes where the public and press are not allowed to observe the procedure or
process. In-camera is the opposite of trial in open court where all parties and witnesses testify
in a public courtroom, and attorneys publicly present their arguments to the trier of fact.

30. Summary Trial means

Ans. A summary trial is a type of trial in which matters are resolved quickly, the procedure is
shortened, and the proceedings are recorded quickly. The trial is employed in cases where the
court has the authority to either convict or acquit the accused individual of an offense.

31. Admonition means

Ans. An Admonition, in literal terms, means a firm warning or reprimand. A reprimand from
a judge to a person accused, on being discharged, warning him of the consequences of his
conduct, and intimating to him that should he be guilty of the same fault for which he has
been admonished, he will be punished with greater severity.

32. In which case can a police officer arrest without warrant

Ans. A police officer may arrest without warrant- (1) any person who commits a cognizable
offence in his presence; (2) Any person against whom a reasonable complaint has been made,
or credible information has been received, or a reasonable suspicion exists that he has
committed a cognizable offence punishable with imprisonment up to seven years.

33. Dispensing with personal attendance means (sec.205)

Ans. Dispensing with personal attendance means that the accused need not appear in person,
but through his pleader. Whenever a Magistrate issues a summons, he may, if he sees reason
to do so, dispense with the personal attendance of the accused and permit him to appear by
his pleader.

34. What is the meaning of an 'inquest panchanama'?

Ans. Panchnama is documentary evidence which can be proved in the court of law by
testimony of concerned Panch witnesses or Investigation Officer who has investigated the
case or proceeded over the inquiry. The inquest Panchanama has to be done in accordance
with Section 174 of the Cr.P.C., when any person dies under any suspicious circumstances,
i.e. suicide, murder, accident etc. In this Panchanama, the details of how the dead body was
lying and descriptions such as of any mark of injuries found on person of deceased, apparent
cause of death or by what weapon or instrument such marks appear to have been inflicted are
to be mentioned.

35. Distinguish in two points 'inquiry' and 'trial'.

Ans. (1) An inquiry does not necessarily mean an inquiry into an offence for it may relate to
matters which are not offences; eg. inquiry regarding public nuisances, disputes relating to
possession of immovable property, etc. A trial presupposes the existence of an offence;
(2) An inquiry never ends in conviction or acquittal. At the most it may result in discharge or
commitment of the case for trial by a Court of Sessions. A trial invariably ends in the
acquittal or conviction of the accused;
(3) The stages of both the proceedings are different. Inquiry is the second stage of a criminal
case and precedes trial; whereas trial is the final stage of a case and follows inquiry. The same
proceedings before a court may be "inquiry" at an earlier stage and "trial" at a later stage.

36. What is the meaning of Compoundable offences?

Ans. Compoundable offenses are those offenses where, the complainant (one who has filed
the case, i.e. the victim), enters into a compromise, and agrees to have the charges dropped
against the accused. However, such a compromise should be a "Bonafide," and not for any
consideration to which the complainant is not entitled. Section 320 of the CrPC looks at the
compounding of offenses. Compoundable offenses are less serious criminal offenses.

37. What is the role of a public prosecutor in a Trial?

Ans. The actual role of Public Prosecutor in judicial trials begins after the investigation is
done by the agency (i.e the police). He represents the state because it is considered that when
a crime takes place in a society it is not just the victim who is affected, the entire society, state
in fact get affected by such conduct in various ways. Therefore, the public prosecutor acts
impartially while examining the facts and witnesses. When he appears before the court with
criminal matters his role is to open up the case entirely before the court.

38. What is the main role of a Probation Officer?

Ans. Probation officers help violators of the law to rehabilitate and improve themselves.
They instruct probationers and ensure that they do not engage in criminal activity during the
probation period.

2. Write short notes (2 questions, 6 marks each)

1. Classes of criminal courts
Ans.
The Code classifies criminal courts in the following categories-
a. Sessions Courts - Section 7 provides that each State shall be divided into one or more
sessions divisions for the purposes of the Code. The State Government shall establish
a Court of Session for every session's division. It will be presided over by a Judge,
who will be appointed by the High Court. The High Court may also appoint
Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a
Court of Session. All Assistant Sessions Judges shall be subordinate to the Sessions
Judge in whose court they exercise jurisdiction.
b. Judicial Magistrates' Courts - In every district (not being a metropolitan area), there
are courts of Judicial Magistrates of the first and the second class. High Court may
also confer the powers of a judicial magistrate of the first or of the class on judicial
 officers functioning as a Judge in civil court whenever the High Court second
Metropolitan Magistrate subject to the gen it expedient or necessary.
The High Court will appoint a Judicial al Chief Metropolitan Magistrate. Magistrate
of the first class to be the Chief Judicial Magistrate. The High Court may also appoint
any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate
who will have all or any of the powers of a Chief Judicial Magistrate as the High
Court may direct. The High Court may designate any Judicial Magistrate of the first
class in any sub-division as the Sub-Divisional Magistrate. He will exercise such
powers of supervision and control over particular cases or a particular class of the
Judicial Magistrates.
The Chief Judicial Magistrate is subordinate to the Sessions Judge. Sub-Divisional
Magistrate are subject to the general control of the Chief Judicial Magistrate.
c. Metropolitan Magistrates' Courts - In each metropolitan area, the State
Government may establish a sufficient number of Metropolitan Magistrates' Courts.
The presiding officers of such courts are appointed by the High Court. Jurisdiction
and powers of every such magistrate extend throughout the metropolitan area. One of
the Metropolitan Magistrates will be appointed as the Chief Metropolitan Magistrate
by the High Court. The High Court may also appoint any Metropolitan Magistrate as
Additional Chief Metropolitan Magistrate, who will exercise all or any of the powers
of a Chief Metropolitan Magistrate as may be directed by the High Court.
The Chief Metropolitan Magistrate and every Additional Chief Metropolitan
Magistrate is subordinate to the Sessions Judge.
d. Special Magistrates - On request by the Central or State Government, the High Court
may confer on any person, who holds or has held any post under the Government, all
or any of the powers conferred on a Judicial Magistrate of the first class or of the
second class or on a Metropolitan Magistrate in respect of particular cases or a
particular class of cases in any local area. Such Magistrates are called Special Judicial
Magistrates or Special Metropolitan Magistrates. They can be appointed for a
maximum period of one year at a time.
The High Court or the State Government may authorise a Special Judicial Magistrate
or a Special Metropolitan Magistrate to exercise powers of a Metropolitan Magistrate
or of a Judicial Magistrate in any area outside his local jurisdiction.
e. Executive Magistrates - In each district and in every metropolitan area, the State
Government appoints as many persons as it thinks fit to be Executive Magistrates.
 One of them will be appointed District Magistrate. The State can also appoint any
Executive Magistrate as an Additional District Magistrate and confer on him all or
any of the powers of the District Magistrate. The State Government may place an
Executive Magistrate in charge of a sub-division. Such a magistrate is called
Sub-Divisional Magistrate. The State Government can also confer power of the
Executive Magistrate on the Commissioner of Police in Metropolitan area. 18 It can
also appoint Special Executive Magistrates having powers of Executive Magistrates
for particular areas and for performance of particular functions.
All Executive Magistrates other than the Additional District Magistrate are
subordinate to the District Magistrate. Likewise, all Executive Magistrates in a
subdivision are subordinate to the Sub-Divisional Magistrate subject to the general
control of the District Magistrate.

2. Prosecutors
Ans. Prosecutor is a person, especially a public official, who conducts the case against a
defendant in a criminal court.

Types of Prosecutors
1. Public Prosecutor - The main function of a public prosecutor is to supervise the work
conducted by the Additional Public Prosecutor in the High court and the Session Court.
2. Assistant Public Prosecutor - His main work lies in examining the charging sheet
framed by the agencies and submitting the statement for discharge. The duty to evaluate
the evidence is also performed by assistant public prosecutors. They also file revised
petitions and conduct criminal proceedings in the Metropolitan Magistrate court.
3. Chief Prosecutor - His primary duty lies in supervising the function performed by the
Assistant Public Prosecutor in the Metropolitan Magistrate Court.
4. Additional Prosecutor - These are those prosecutors who assist the chief public
prosecutor. Their main function lies in conducting criminal proceedings in the district and
the session court.
5. Director of Prosecution - As per section 25(a) of the CrPC, the state government can
appoint a person as “director of the prosecution”. He is the head of the operation and the
office of public prosecutor is subordinate to him. The main task performed by them is to
look after and control all the administrative work involved in the proceedings. Further, he
can also look into the accounts department.
Functions of Public Prosecutor
● Conducting Cooperative Litigation - He shall not indulge in an adverse form of
litigation but there shall be cooperative litigation wherein he helps the court in reaching
the final outcome. He needs to comply with the procedure of a fair trial.
● Duty to complain in case of Force - The district magistrate or the Superintendent of
police can’t put force or exert some pressure on the public prosecutor to withdraw the
case. If this happens, then it is the duty of the prosecutor to complain about this incident
to the director of the prosecution.
● No defense of Accused - The Public prosecutor is a representative of the state and not of
the police. Further, he is not a part of any investigating agency. Thus, he should never
defend the accused.
● Duty to disclose all the material Information - It is the utmost duty of the public
prosecutor to put all the evidence before the court.
● Assisting Defense Counsel in Adversity - The public prosecutor also performs the
function of being an officer of the court. Thus, if the defense counsel faced any issue and
he is not in a condition to put forth some material to the judge, then it is the responsibility
of the PP to convey this information to the court.

3. Orders that may be passed by the Juvenile Justice Board

Ans. Under S. 18, Order that may be passed regarding juveniles, the Board may, if it thinks
so fit:
a. allow the juvenile to go home after advice or admonition following appropriate inquiry
against and counselling to the parent or the guardian and the juvenile;
b. direct the juvenile to participate in group counselling and similar activities;
c. order the juvenile to perform community service;
d. order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen
years of age and earns money;
e. direct the juvenile to be released on probation of good conduct and placed under the care
of any parent, guardian or other fit person, on such parent, guardian or other fit person
executing a bond, with or without surety, as the Board may require, for the good
behaviour and well-being of the juvenile for any period not exceeding three years;
f. direct the juvenile to be released on probation of good conduct and placed under the care
of any fit institution for the good behaviour and well-being of the juvenile for any period
not exceeding three years;
g. make an order directing the juvenile to be sent to a special home for a period of three
years.

4. Powers of the court to release an offender on probation

Ans. Section 4 of the Probation of the Offenders Act, 1958 talks about the release of the
offender on the basis of good conduct. The important points that must be remembered for the
application of this Section are:
● Section 4 of the Act is not applicable if the offender is found guilty of an offence with
death or imprisonment for life.
● The Court has to consider the circumstances of the case including the nature of the
offence and the character of the offender.
● The court may pass a supervision order to release the offender on probation of good
conduct. The supervisory period is not to be shorter than one year. The probation officer
must supervise the individual for such a span in such a situation. In the supervisory order,
the name of the probation officer should be listed.
● The Court can direct the offender to execute a bond, with or without sureties, to appear
and receive sentence when called upon during such period which should not exceed a
period of three years. The court may release the offender on good behaviour.
● The Court may put appropriate conditions in the supervision order and the court making a
supervision order explains to the offender the terms and conditions of the order. Such
supervision order should forthwith be furnished to the offender.
● Probation officer’s report is not compulsory to enforce this rule, but if the information is
required on record, the Court shall take into account the probation officer’s information
before granting a probation order for good behaviour.

5. Summary trials
Ans. What are Summary Trials?
Summary Trials are mentioned in Chapter XXI of the Code of Criminal Procedure,1973. In
this trial, the cases are disposed of speedily as the procedure is simplified and the recording
of such cases are done summarily. In this type of trial, only the offences which fall into the
small/petty category are tried.

Offences that can be tried summarily

a. Offences which are not punishable with death, imprisonment for life or imprisonment for
more than two years.
b. The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the
value of the stolen property is not more than 2000 rupees.
c. An offence where a person has received or retained a stolen property worth not more than
2000 rupees, under Section 411 of the Indian Penal Code, 1860
d. An offence where a person has assisted in concealing or disposing of stolen property, not
worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860
e. Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860
f. If a person insults with the intention of provoking a breach of peace under Section 504 of
the Indian Penal Code, 1860
g. In the case of criminal intimidation punishable with imprisonment up to two years or fine
or both, under Section 506 of the Indian Penal Code, 1860.
h. The abetment of any of the above-mentioned offences
i. If an attempt is made to commit any of the aforementioned offences and if such an
attempt is a punishable offence
j. If an act is committed which constitutes an offence, for which a complaint can be filed
under Section 20 of the Cattle Trespass Act, 1871.

6. Summons
Ans. Meaning
Though the expression "summons" has not been defined in the Code, it can be said to be a
form of process, issued by a Court calling upon a person to appear before it. A summons to
an accused is an authoritative call asking him to remain present in court for a particular
purpose or to answer a particular charge.

Contents
In order to be valid, a summons must be clear and specific and fulfil the following
requirements:
a. It must be in writing;
b. It must be in duplicate;
c. It must be signed by the presiding officer of the Court;
d. It must be sealed;
e. It must specify the offence alleged to have been committed;
f. It must state the place, date and time when the accused should appear.
The Court issuing summons may direct the accused to appear in person or may permit him to
appear through his lawyer.
Mode of service
● As far as practicable, summons should be served personally on the person summoned by
delivering or tendering a duplicate copy of the summons. Tender of copy of summons can
be said to be sufficient service. This is the primary mode of service.
● In cases of corporation, company or other corporate body, service of summons can be
effected by serving it on its secretary, local manager or principal officer of such
corporation, company or corporate body or by a registered letter to its Chief Officer in
India.
● When the person summoned cannot be found after due diligence, the summons can be
served by leaving a duplicate copy thereof with an adult male member of his family (but
not his servant) residing with him.
● If, however, a summons cannot be served in any of the above manner, service of
summons can be effected by the serving officer by affixing a duplicate of the summons on
some conspicuous part of the house in which the person summoned ordinarily resides.
This method of service of summons is known as substituted service.
● Service of summons, on a government servant can be effected by sending it to the head of
the office in which he is serving. The head of the office will serve the summons to the
employee and return it under his signature with endorsement of the employee who is
served.
● When a summons is to be served at a place outside the local jurisdiction of the Court
issuing it, it is sent in duplicate to the Magistrate within whose jurisdiction the person
summoned resides.
● Where a summons is issued to a witness, service thereof can be effected either by the
above modes or also by issuing a summons by a registered post addressed to such
witness.

Disobedience
Disobedience of or non-compliance with a summons issued by a competent Court is
punishable under the Indian Penal Code. Likewise, prevention of service of summons will
also amount to an offence. Whether or not there has been an intentional prevention of service
is a question of fact.

7. When a search warrant may be issued?

Ans. A search warrant may be issued in the following cases:
a. By Court - A search warrant may be issued by a court:
 ● where the court has reason to believe that a person to whom a summons or order is
issued or requisition is addressed will not produce such document or thing; or
● where such document or thing is not known to the court to be in the possession of any
person; or
● where the court considers that the purpose of any inquiry, trial or other proceeding
will be served by a general search or inspection.
b. By State Government - A search warrant may be issued by the State Government:
● where it appears to the State Government that a newspaper, book or document
contains any matter the publication of which is punishable under section 124A
(sedition), 153A (promoting enmity between different groups), 153B (imputations
prejudicial to national integration), 292 (sale of obscene literature), 293 (sale of
obscene objects) or 295A (outraging religious feelings) of the Indian Penal Code.
c. By Magistrate - A search warrant may be issued by a magistrate:
● where a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class
has reason to believe that any place is used for the deposit or sale of stolen property.
or for the deposit, sale or production of any objectionable article;
● where a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class
has reason to believe that any person is confined under such circumstances that the
confinement amounts to an offence.
d. By Police Officer - A search warrant may be issued by a police officer:
● Where an officer in charge of a police station or a police officer making an
investigation has reasonable grounds to believe that anything necessary for the
purposes of an investigation into any offence cannot be obtained without undue delay
without such search.
e. By any other Person - A search warrant may be issued by (a police officer or by) any
other person:
● where any person acting under a warrant of arrest or any police officer having
authority to arrest has reason to believe that a person to be arrested has entered into or
has been kept at any place and the person in charge of the police does not allow free
ingress and afford facilities for a search.

8. Procedure for recording of Confession and Statement by Magistrate

Ans. Procedure for Recording a Confession
S. 164(4) of the Criminal Procedure Code provides that confession shall be recorded in the
manner provided under S. 281 of the Criminal Procedure Code. Section 281 of the Criminal
Procedure Code is related to the mode of recording the examination of the accused and the
language of such record and examination.
● 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.
● If at any time before the confession is recorded, the person appearing before the
Magistrate states that he is not willing to make the confession, the Magistrate shall not
authorise the detention of such person in police custody.
● Every question put to the accused and every answer given by him, shall be recorded in
full by the presiding Judge or Magistrate himself or where he is unable to do so owing to
a physical or other incapacity, under his direction and superintendence by an officer of the
Court appointed by him in this behalf.
● The record shall, if practicable, be in the language in which the accused is examined or, if
that is not practicable, in the language of the Court.
● It is to be noted that no oath shall be administered to the accused while making the record.
The record shall be read over to the accused in the language which he understands.
● A memorandum of substance in the language of the court will be prepared by the
magistrate recording the confession, and it will be signed by the accused and the
magistrate.
● The magistrate who records the confession statement shall then send the record directly to
the magistrate by whom the case is to be tried.

Recording of Statement
S. 164(5) of the Criminal Procedure Code lays down that if the accused desires to make any
statement other than a confession, it can be recorded by the magistrate. Such statements will
be recorded in the manner evidence is recorded. Here the magistrate can administer an oath to
the person making such a statement.

9. Victim Compensation Scheme

Ans. What is the Victim Compensation Scheme?
In 2009, the central government gave directions to every state to prepare a scheme which has
to be in agreement with the center’s scheme for victim compensation. The primary purpose of
the scheme is to provide funds for the purpose of compensation to the victim or his
dependents who have suffered loss or injury as a result of the crime and who require
rehabilitation.
Provisions for the scheme are as follows u/s 357A:
● Quantum of compensation under the scheme - Under the scheme, whenever a
recommendation is made by the Court for compensation, the District Legal Service
Authority or the State Legal Service Authority, as the case may be, decides the quantum
of compensation to be awarded.
● Compensation in cases where the accused is not found guilty or the culprits are not
traced - Where the cases end in acquittal or are discharged, and the victim has to be
rehabilitated, the court may make a recommendation for compensation. Where the
offender is not traced or identified, but the victim is identified, and where no trial takes
place, the victim or his dependents may make an application to the State or the District
Legal Services Authority for an award of compensation.
● Who is to provide compensation in the above case - The State or the District Legal
Services Authority shall, after due enquiry-award adequate compensation by completing
the inquiry within two months. Also, it is the duty of the State or the district legal service
authority to provide an immediate first-aid facility or medical benefits to the victim free
of cost on the certificate of the police.
● What to do in case of inadequate compensation - If the trial Court, at the conclusion of
the hearing, is satisfied, that the compensation awarded under section 357 is not adequate
for such rehabilitation, or where the cases end in acquittal or discharge and the victim has
to be rehabilitated, it may make a recommendation for compensation.
● When is the compensation to be provided - At the conclusion of the trial. That is on the
orders of the court. When inadequate compensation is granted by the lower court to the
victim of crime, the Appellate Court might increase the compensation. Where the accused
is not traceable, it becomes the duty of the state to compensate the victim of the crime.

10. Compounding of Offences

Ans. Meaning
Stated simply, "compounding" means arranging or coming to terms." The compounding of an
offence presupposes that an offence has been committed but the victim is willing either to
forgive it or to accept some form of solatium as sufficient compensation for what he has
suffered." Thus, compounding an offence means to forbear from prosecution for
consideration."

Object of Compounding
The purpose of compounding of offence against payment of compounding amount is to end
litigation and to encourage settlement. Section 320 of the Code thus confers only supervisory
power on the court in compounding of offences with the safeguard that the accused does not
by unfair or deceitful means, secure a compromise of the offence.

Who may compound

Normally, the person who is injured by an offence may abstain from continuing with the
prosecution. It is, therefore, not material as to who has filed a complaint. An offence can be
compounded by the person specified in the section although a formal complaint might have
been filed by some other person. But where the person mentioned in the section is a minor,
idiot or lunatic, any person competent to contract, may with the permission of the court,
compound the offence. Similarly, where the person specified in the section is dead, his legal
representative, with the leave of the court may compound the offence.

Nature and scope

Section 320 of the Code enumerates offences which are compoundable. The offences
specified in the table under sub-section (1) are compoundable by the parties without the leave
of the court. The offences specified in the table under sub-section (2) are compoundable only
with the leave of the court. Sub-section (3) clarifies that when an offence is compoundable,
the abetment of or attempt to commit such offence is also compoundable. Offences not
specified in the tables are not compoundable.

When offence may be compounded

An offence which is compoundable without the permission of the court, may be compounded
at any stage even before filing of a complaint. An offence which is compoundable with the
permission of the court can be compounded with such permission at any time before the
judgment is pronounced.

11. Plea-Bargaining
Ans. Meaning
Plea bargaining is a pre-trial negotiation between the accused and the prosecution where the
accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a
bargain where a defendant pleads guilty to a lesser charge and the prosecutors in return drop
more serious charges. Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code
deals with the concept of Plea Bargaining.

Application of the Chapter “Plea Bargaining”

The provisions of Plea Bargaining are not applicable in the following cases:-
● The offence in which the maximum sentence is above 7 years.
● The offence which has been committed against a woman or a child below 14 years of age.
● Where the accused has been previously convicted for the same offence.
● Offence which affects the socio-economic condition of the country

Types of Plea Bargaining

1. Sentence Bargaining - In this type of bargaining the main motive is to get a lesser
sentence. In Sentence bargaining, the defendant agrees to plead guilty to the stated charge
and in return, he bargains for a lighter sentence.
2. Charge Bargaining - This kind of plea bargaining happens for getting less severe
charges. This is the most common form of plea bargaining in criminal cases. Here the
defendant agrees to plead guilty to a lesser charge in consideration of dismissing greater
charges. E.g. Pleading for manslaughter for dropping the charges of murder.
3. Fact Bargaining - This is generally not used in courts because it is alleged to be against
the Criminal Justice System. It occurs when a defendant agrees to stipulate certain facts in
order to prevent other facts from being introduced into evidence.

12. Plea Bargaining as aid to ADR

Ans. Meaning
The concept of “Plea-bargaining'' is a recently developed concept in India as it was
introduced through the Criminal Law (Amendment) Act, 2005 based on the recommendation
of the Law Commission of India. In common parlance, plea-bargaining refers to pre-trial
negotiations between the defendant through his/her counsel and the prosecution during which
the accused agrees to plead guilty in exchange for lesser punishment. It is a contractual
agreement between the prosecution and the defendant. However, it is not enforceable until a
judge approves it.

Scope of Pleas Bargaining as an aid to ADR

The concept of Plea Bargaining has now become a part of criminal jurisprudence. It benefits
both the State and the accused under the scheme of Plea Bargaining. If an eligible accused
admits his guilt voluntarily, the court may release him on probation or award lesser
punishment than prescribed. This way the accused saves time and money both.

Benefits in respect of Victim

a. Quick Justice for Victim
b. He can easily get the compensation, which he may get at the discretion of the
Judge/Magistrate.
c. He can save himself from the long drawn Judicial Process.
d. It is Less time and money consuming.
e. End of Uncertainty

Benefits to Accused
a. Provision of lesser Punishment.
b. If no minimum punishment is provided, then he will get one fourth of the punishment
provided.
c. He may be released on probation or admonition, which may not affect his career.
d. He may get the gain of the period already undergone in custody under section 428 of
Cr.PC.
e. No appeal lies against the judgment in favour of him.
f. Complete Protection available for admission of accused cannot be used for any other
purposes except for Plea bargaining
g. Less time and money consuming.
h. End of Uncertainty

13. Trial of Summons Case by Magistrate.

Ans. Summons Case Meaning
"Summon case" refers to a case involving an offence that is not a warranty case. So summons
cases are not serious in nature, and the sentence should not exceed two years in jail. Sections
251 to 259 of the CrPC 1973 govern the procedure for summons cases.

Procedure of Trial
a. Explaining the essence of the charge to the accused - Section 251 provides that when
the summons is issued to a person the accused has to have appeared before the magistrate;
when he is informed of the charges against him, he will be asked if he wants to enter a
 plea of guilty or raise any defences. Under this section, it is provided that it is necessary
to frame formal charges.
b. Conviction on plea of guilty - Section 252 deals with what happens if the accused pleads
guilty after hearing the allegations against him or her, the Magistrate may record the
accused exact statements and convict him for future proceedings. If the accused does not
plead guilty, the magistrate must proceed following Section 254.
c. If the accused is not convicted based on his or her plea, the following steps must be
taken - Section 254 governs the proceedings when the accused does not enter a plea of
guilty. If the accused is not convicted as a result of his or her plea under sections 252 and
253, section 254 deals with both the prosecution and defence arguments. The magistrate
will continue with the prosecution by taking all evidence and presenting all the case's
facts and circumstances. At the prosecution's request, the magistrate summons any
witness to appear and present any document or object. Following the prosecution's
evidence and the defence's examination under Section 313 the court will proceed with the
defence hearing under Section 254(1).
d. Acquittal or Conviction - Section 255 is concerned with acquittal or conviction. If the
magistrate considers the accused not guilty after hearing all of the evidence, he shall issue
an order of acquittal. If the magistrate finds the accused guilty he shall proceed according
to section 325 or section 360, and pass sentence to the accused according to the law.
e. The complainant's absence or death - If the complainant is unable to appear due to
death, the case may be represented by a leader or an official handling the prosecution if
the magistrate determines that the complainant's attendance is not required.
f. Complaint Withdrawal - The complainant has the right to withdraw the case at any
moment before the final order is issued, with the consent of the magistrate, if there are
adequate grounds. When there is more than one accused the complainant can withdraw
the case then the magistrate can acquit the accused after the complaint has withdrawn the
case.
g. Case of Summons Discharge - A Magistrate of First Class can stop the proceedings
under Section 258, with the permission of the Chief Judicial Magistrate or any other
Judicial Magistrate, and if the proceeding is stopped after the evidence has been recorded,
it is a judgment of acquittal; if the proceeding is stopped before the evidence has been
recorded, it is released with the discharge of the case.
h. Summon cases into warrant cases - Under Section 259, the court has the power to
transform summons cases into warrant cases. During the trial of summons cases offences
 related to the punishment with a term of imprisonment of more than six months, if the
magistrate has a consideration that the case should be tried as warrant cases then the
magistrate under the supervision of the court can convert the summons cases into warrant
cases.

14. First Information Report

Ans. Meaning
Though the expression "first information report" is not defined in the Code, it can be said to
be an information given to the police first in point of time relating to a cognizable offence.
This is an important document on the basis of which the investigation starts. The principal
object of the first information report is to set the criminal law in motion. It is, however, not a
substantive piece of evidence.
Object of FIR
● From the point of view of the informant is to set the criminal law in motion and from the
point of view of the investigating authorities is to obtain information about the
commission of a cognizable offence with a view to taking suitable steps for tracing and
bringing to book the offender.
● To obtain early information of the alleged offence from the informant and to put into
writing the statement before his memory fails or before he gets time and opportunity to
embellish it.
● The information is very important for the accused also inasmuch as he is entitled to know
what were the facts stated by the informant immediately after the occurrence to connect
him with the crime. It safeguards him against subsequent variations, additions and
alterations.

Who may Lodge FIR - Locus standi of the complainant is a concept foreign or alien to
criminal jurisprudence. Any person, hence, may lodge a First Information Report. Section
154 of the Code does not require that the report must be given by a person who is a victim or
his/her relative/friend or a person who has seen the incident or has personal knowledge about
the occurrence. The only requirement of the section is that such information/ report must
disclose the commission of a cognizable offence.

Before whom FIR may be Lodged - Section 154 of the Code, no doubt, states that every
information relating to the commission of a cognizable offence should be given to an officer
in charge of a police station.
Contents - (FIR) may or may not contain all details and particulars as to the incident. It is
sufficient if it indicates commission of a crime so as to enable police to start investigation.
Elaborate account of everything that has happened is not necessary.

15. Child in need of care and protection

Ans. Meaning, 2(14) of JJ Act
It means a child—
(1) who is found without any home or settled place of abode and without any ostensible
means of subsistence; or
(2) who is found working in contravention of labour laws for the time being in force or is
found begging, or living on the street; or
(3) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for
the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable
likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a
reasonable likelihood of the child in question being killed, abused, exploited or
neglected by that person; or
(4) who is mentally ill or mentally or physically challenged or suffering from terminal or
incurable disease, having no one to support or look after or having parents or guardians
unfit to take care, if found so by the Board or the Committee; or
(5) who has a parent or guardian and such parent or guardian is found to be unfit or
incapacitated, by the Committee or the Board, to care for and protect the safety and
well-being of the child; or
(6) who does not have parents and no one is willing to take care of, or whose parents have
abandoned or surrendered him; or
(7) who is missing or run away child, or whose parents cannot be found after making
reasonable inquiry in such manner as may be prescribed; or
(8) who has been or is being or is likely to be abused, tortured or exploited for the purpose of
sexual abuse or illegal acts; or
(9) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
(10) who is being or is likely to be abused for unconscionable gains; or
(11) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(12) who is at imminent risk of marriage before attaining the age of marriage and whose
parents, family members, guardian and any other persons are likely to be responsible for
solemnisation of such marriage;

Provisions for child in need of care and protection

A child in need of care and protection is to be produced before the Child Welfare Committee
within 24 hours. The Child Welfare Committee is to send the child in need of care and
protection to the appropriate Child Care Institution and direct a Social Worker, Case Worker
or the Child Welfare Officer to conduct the social investigation within 15 days. The child will
be placed in a Children‘s Home for care, treatment, education, training, development and
rehabilitation.

16. Bailable and non-bailable offences

Ans.
Basis Bailable offences Non-bailable offences

Definition It is defined u/s 2(a) of CrPC, as an It is also defined u/s 2(a) pf CrPC,
offence which is shown as bailable as any other offence other than
in the 1st schedule, or which is made bailable.
bailable by any other law for the
time being in force.

Gravity In bailable offences, the gravity of In non-bailable offences, the

the offence is lower as compared to gravity of the offence is higher.
non-bailable offences.

Punishment In bailable offences generally, the Sentences are higher in the case of
quantum of sentence is below or up non-bailable offences as they are
to three years. Although there are punishable with death,
exceptions in respect of this rule. For imprisonment for life, or
example, the offence of kidnapping imprisonment which may exceed
under Section 363 of the IPC is three years or seven years.
bailable but is punishable by
imprisonment for seven years and a
fine.
 Bail In bailable offences, bail can be In non-bailable offences, bail is not
granted as a matter of right. a matter of right, but rather it is a
matter of the discretion of the court
of law.

Power to In case of bailable offences, either In the case of non-bailable offences,

grant bail the police officer or the court can mostly the accused get bail through
grant bail. a court of law. Yet there is a
provision under Section 437
subsection 4 that empowers the
police officer to grant bail while
recording reasons in writing.
Though, in reality, police officers
do not grant bail.

Offence Refusal of bail in case of a bailable There is no offence committed if

offence shall amount to wrongful the officer or the court does not
confinement under Section 342 of grant bail to the accused.
IPC.

Examples Kidnapping (363 IPC), Stalking Criminal Breach of Trust(406 IPC),

(354D), Dishonest Misappropriation Theft(379 IPC), Snatching (379A
of Movable Property (404 IPC) and IPC), Rape (376 IPC), Murder(302
Cheating (417 IPC) etc. IPC) and Culpable Homicide(304
IPC) etc.

17. Reference
Ans. Meaning
There is no statutory definition of reference provided in CrPC. Reference is a matter between
two courts where the lower court seeks the opinion of the High Court regarding an act,
ordinance or regulation.

Object
● The underlying object of the provision of reference is that the validity of laws possibly in
conflict with the Constitution should be decided by the highest court in the State
authoritatively and quickly.
● It is intended to enable subordinate courts to obtain in non-appealable cases the opinion of
the High Court on a question of law and thereby avoid commission of an error which
could not be remedied later on.

Grounds for Reference

Before sending a case for reference to the High Court, the lower court shall satisfy itself that:
1. The case pending before it involves the question as to the validity of an Act, ordinance or
regulation or any provision contained in any Act, ordinance or regulation.
2. The determination of such a question is necessary for the disposal of the case.
3. The lower court is of the opinion that such Act, ordinance, regulation or provision is
invalid or inoperative by the High Court or Supreme Court.
Then the lower court shall state its opinion and reason for the same and refer the same to the
High Court for its decision.

Procedure for Reference

● It is the right of the court to make reference and a party to the proceeding cannot directly
approach the High Court for making a reference.
● Where a question has been referred to the High Court, the High Court shall pass order
thereon.
● The copies of such order shall be then sent to the lower court by whom reference was
made.
● Such lower courts shall then dispose of the case in the light of the reference order given
by the High Court.
● According to section 395(3) of the Criminal Procedure Code, when the case is pending
for reference in the High Court, the court may either commit the accused to jail or release
him on bail.
● According to section 396(2) of the Code, the High Court may direct by whom the cost of
reference will be paid.

18. Accomplice
Ans. Meaning
Accomplice is a witness to the crime, who is connected with the crime by any unlawful act or
omission, with his active or inactive participation to the crime some way or the other and
he/she admits his/her active involvement in the crime. Such a person is also known as an
“approver”.
General rule of Tender of Pardon to the Accomplice -With a view to obtaining the
evidence of any person supposed to have been directly or indirectly concerned in or privy to
any of the offences mentioned therein, certain magistrates may tender pardon to such person
on condition that he will make full and true disclosure of all the circumstances relating to the
offence.
Exception to rule - Penal laws of a country require imposition of appropriate sentences on
each and every individual found guilty of an offence. Provisions relating to grant of pardon to
a person who has committed a crime is an exception to the general rule relating to
administration of criminal justice.
Object - The object underlying this provision is to allow pardon to be tendered in cases
where a grave offence is alleged to have been committed by several persons so that with the
aid of the evidence of the person pardoned the offence should be brought home to the rest.
Conditions - Before granting power of pardon under section 306 or section 307, the
following conditions must be fulfilled:
(1) The approver must be a party or privy in the commission of an offence;
(2) He must be willing to make full and completed disclosure of all the circumstances within
his knowledge relating to the offence and the person;
(3) The offence must be one falling under section 306(2);
(4) The magistrate must record reasons for tendering pardon;
(5) The approver must accept the pardon;
(6) The approver must be examined as a witness.
When pardon may be granted - Section 306 of the Code expressly states that pardon can be
granted "at any stage of the investigation or inquiry into, or the trial of, the offence".
Who may grant pardon - The following magistrates and courts have power to tender pardon
to an approver:
(1) Chief Judicial Magistrates;
(2) Metropolitan Magistrates;
(3) Magistrates of the First Class, inquiring into or trying the offence at any stage of inquiry
or trial;"
(4) Courts to which commitment is made, at any time before judgment is pronounced.
To whom pardon may be granted - Pardon can be granted to any person who is supposed to
be directly or indirectly concerned in or privy to the commission of an offence. It is,
therefore, not necessary that the person to whom pardon is tendered must be an accused in the
case.
Cases in which pardon may be granted - Pardon can be granted in respect of the following
offences:
(1) Offences triable exclusively by a Court of Session;
(2) Offences punishable with imprisonment for seven years or more;
(3) Offences triable under the Criminal Law Amendment Act, 1952.

19. Inquest
Ans. Meaning
The term ‘inquest’ has not been outrightly defined in the Code. The meaning of inquest is to
seek legal or judicial inquiry to ascertain the facts. According to the Black’s Law Dictionary,
the term ‘inquest’ means an inquiry conducted by the medical officers or sometimes with the
help of a jury into the manner of death of a person, who has died under suspicious
circumstances or has died in prison.

Inquest Report
The report of a police officer under section 174 is popularly known as the "inquest report".
The object of such proceedings is to ascertain whether a person has died under suspicious
circumstances or it was an unnatural death and if so what is the apparent cause of death.
Purpose of the Report - The whole purpose of "inquest report" is to investigate the apparent
cause of death, describing wounds as may be found on the body of the deceased and stating in
what manner or by what weapon they have been inflicted. Omissions in inquest reports are
not sufficient to throw away the case of the prosecution.

Inquest by Magistrate
When any person dies or disappears or rape is alleged to have been committed on any
woman, the nearest magistrate empowered to hold inquests shall hold an inquiry, either
instead of, or in addition to, the investigation held by the police officer. While holding such
an inquiry, he can record evidence, cause the dead body of such a person to be disinterred and
examined. He shall also inform the relatives of the deceased and allow them to remain
present at the inquiry.
Sub-section (1A) to section 176, as inserted in 2005 provides that in case of death or
disappearance of a person or rape on a woman while in custody of police, inquiry must be
conducted by the court.

20. Appeal
Ans. Meaning - The term "appeal" has not been defined in the Code. According to the
dictionary meaning, an appeal is a complaint or grievance to a superior court for
reconsideration or review of a decision, verdict or sentence of a lower court. In other words,
it is a complaint made to the higher court that the decision rendered by the lower court is
unsound and wrong.

Object - It has been said that every human being is fallible and a Judge is not an exception. It
is thus possible that even a Judge may err or commit mistake and his decision may be wrong
or faulty. It is, therefore, necessary that a person aggrieved by an order of the court of first
instance may be able to challenge it by preferring an appeal. An appeal is a method of
correction of manly error or solution of human frailty.

Essentials - Every appeal includes three basic elements:

a. a decision (usually judgment of a court);
b. a person aggrieved (normally, though not necessarily a party to the original proceeding);
and
c. a reviewing authority (appellate court).

Right of Appeal - A single right of appeal is more or less a universal requirement. It

guarantees life and liberty rooted in the fundamental concept that men are fallible and judges
are also human beings. An appeal is thus an integral part of fundamental fairness or due
procedure of law. One right of appeal on facts and law is a part of Article 21 of the
Constitution.

Cases in Which No Appeal Lies

● Section 375 provides that no appeal lies where the accused pleads guilty and is convicted
by a High Court. But if he is convicted on plea of guilty by a Court of Session,
Metropolitan Magistrate or by a Magistrate of the First or the Second class, an appeal lies
only to the extent or legality of the sentence.
● Section 376 enacts that no appeal shall lie in petty cases. Thus, no appeal will lie
(1) where a High Court passes a sentence of imprisonment not exceeding six months or
fine not exceeding one thousand rupees or both;
(2) where a Court of Session or a Metropolitan Magistrate passes a sentence of
imprisonment not exceeding three months or fine not exceeding two hundred or both;
(3) where a Magistrate of the First Class passes a sentence of fine not exceeding one
hundred rupees; or
 (4) where in a summary case, a Magistrate passes a sentence of fine not exceeding two
hundred rupees rupees.

21. Maintenance to Wife, Children and Parents

Ans. Meaning
The term "maintenance" has not been defined in the Code. According to the dictionary
meaning, maintenance means food, clothing and lodging. It would include means of
subsistence, supply of necessaries and conveniences, aid, support, assistance, the support
which one person who is bound to extend, gives to another for his/her living. Maintenance
would also include medical and other expenses related to normal pursuit of life, so that a
person can live in the manner, more or less, to which he/she is accustomed.

Conditions - Before maintenance can be granted under section 125, the following conditions
must be satisfied:
(a) The applicant must be unable to maintain himself or herself, as the case may be;
(b) The opponent must have sufficient means to maintain the applicant;
(c) The opponent must have refused or neglected to maintain the applicant; and
(d) If the applicant is wife,—
(1) she must not be living in adultery;
(2) she must not have refused to live with her husband without sufficient reasons; and
(3) she must not be living separately by mutual consent. Let us consider these conditions
in detail.

Who may Claim Maintenance

a. Wife - A wife who is unable to maintain herself can claim maintenance. She may be
major or minor. But the expression "wife" means only a legally married wife. In the
absence of legal and valid marriage, the mere fact that the parties had stayed together as
husband and wife to the knowledge of the general public does not entitle an applicant to
get maintenance. Thus, a second wife cannot claim maintenance from her husband.
"Wife" includes a woman who has been divorced and has not remarried.
b. Child - A minor child, if it is unable to maintain itself, is entitled to claim maintenance
from the father. It is altogether immaterial whether such a child is legitimate or
illegitimate, male or female, married or unmarried. "Minor" means a person who has not
attained the majority under the Indian Majority Act, 1875. The right of a child to claim
maintenance from the father is individual and independent of the right of the mother.
c. Parents - A person having sufficient means has to maintain his father or mother, unable
to maintain himself or herself. Considering the object of such provision, the expression
"father" will include "adoptive father" as well as "step father" and "mother" will include
"adoptive mother" as well as "step mother.

22. Clubbing of charges.

Ans. Basic Rule - Sections 218 to 222 of the Code provide for joinder of charges in one trial
against the same accused. Section 223 deals with joint trials against two or more accused
persons. The broad object of section 218 is to save the accused from being embarrassed in his
defence if distinct offences are grouped together in one charge or in separate charges and are
tried together.

Exceptions - To the above general rule, the legislature has engrafted certain exceptions. If the
case falls in any of the exceptions, joinder of charges is permissible. The exceptions embrace
cases in which one trial for more than one offence is not considered likely to embarrass or
prejudice the accused in his defence. On the contrary, joinder of charges in such cases may
avoid multiplicity of trials.
(1) Desire of accused - The rule relating to separate trial is for the benefit of the accused and
when the accused himself wants joint trial and the magistrate is satisfied that such joint
trial will not prejudice the accused, joint trial is permissible.
(2) Three offences of the same kind within one year - When a person is accused of more
offences than one of the same kind committed within one year, whether in respect of the
same person or not, he may be charged with and tried at one trial for any number of them
not exceeding three.
(3) Offences in the course of the same transaction - If, in one series of acts so connected
together as to form the same transaction, more offences than one are committed by the
same person, he may be charged with and tried at one trial for every such offence.
(4) Offences of criminal breach of trust or misappropriation of property connected with
falsification of accounts - Where a person charged with one or more offences of criminal
breach of trust or dishonest misappropriation of property is accused of committing
falsification of accounts for the purpose of facilitating or concealing the commission of
such offence, he may be charged with and tried at one trial for every such offence.
(5) Same act constituting different offences - If the acts alleged constitute an offence
falling within two or more separate definitions of any law, the person accused of them
may be charged with and tried at one trial for each of such offences.
(6) Same acts constituting one and also different offences - If several acts of which one or
more than one would by itself constitute an offence, and constitute a different offence
when combined, the person accused of them may be charged with and tried at one trial for
individual offences as well as the combined offence.
(7) Where it is doubtful what offence has been committed - If a single act or series of acts
is of such a nature that it is doubtful on facts proved which of several offences has been
committed, the accused may be charged with one of such offences or with several
offences in the alternatives.

23. Statements before police.

Ans. Meaning
The word "statement" in section 162 includes in its sweep both oral and written statements.
Likewise, it also includes signs and gestures. A list of stolen properties supplied to the police
during investigation was held to be a "statement" within the meaning of this section.
Similarly, statements made to police officers when preparing a map or holding an
investigation parade can be said to be statements. However, signatures, hand writings or
thumb impressions taken on blank paper for comparison; or a panchnama; a map;
identification of places or articles; Report of Chemical Analyser, etc. were not held to be
statements.

General Rule - Section 162 of the Code enacts that a statement made by any person to a
police officer in the course of investigation, if reduced into writing, shall not be signed by the
maker, nor shall any statement or any part thereof be used for any purpose at any inquiry or
trial in respect of any offence under investigation at the time when such statement was made
mentioned in the section.

Object - The object behind this general exclusion of the statement of witnesses made before
the police during investigation at the trial for any purpose is the assumption that such
statements are not made under circumstances inspiring confidence. The section intends to
protect the accused both against overzealous or unscrupulous police officers and untruthful
witnesses.
Exceptions - The proviso, however, makes an exception to the general rule in sub-section (1)
of section 162:
● A statement made before police during investigation and reduced into writing can be used
for a limited purpose.
● The accused has the right to use it to contradict such a witness in the manner provided in
section 145 of the Evidence Act.
● The Right of police to interrogate prosecution has also such right to contradict a witness
in the like manner.
● It can also be used as a legitimate right of the police for re-examination for explaining any
matter referred to by a witness in cross-examination.

24. Rights of a Juvenile.

Ans. Who Are Juveniles?
Juveniles are the person who has not attained the age of majority that means who is below 18
and has committed a crime whether it is heinous or not. They are also known as juvenile
offenders or juvenile delinquents. The juvenile cases are heard in juvenile court, a type of
civil court with different rules than an adult criminal court. However in certain cases, older
juveniles can be tried as adults in criminal court.

Rights Of Juvenile Offenders

(1) Right to a lawyer
(2) Right to cross-examine witnesses.
(3) Right to provide evidence to support one's own case.
(4) Right to remain silent.
(5) Right to an appeal.
(6) Right to a transcript of a trial (written copy of the trail).
(7) Right to have fair and speedy trials.
(8) Right to have no juries in juvenile cases.
(9) Right to have parents and guardians present at hearing.

3. Situational Problem (2 questions, 6 marks each)

1. An Offence is committed for which the punishment is 3 years.
a. Within what time period cognizance of the above mentioned offence should be
taken?
Ans. Period of cognizance in the above mentioned offence is 3 years - [Section 468 (2)]

b. The period of Limitation commences from which date?

Ans. The period of limitation commences from the date of the commission of an offence.

c. What are the disadvantages of a long delay in prosecuting the offender?

 Ans. The accused is liable to be discharged from an offence and is also liable to get bail
in the matter or if he is charged, may not be convicted for an offence on the ground of
unreasonable delay in launching the prosecution.

2. A was charged with murdering Haidar Baksh on 20 January 2015, and Khuda
Baksh on 21" January 2015. When charged with the murder of Haidar Baksh, he
was tried for the murder of Khuda Baksh.
a. Define charge, is the error in the above Charge, a material error? Give reasons.
Ans. "Charge includes any head of charge when the charge contains more heads than
one" [Section 2 (b)]. Yes, the error in the above Charge is material, as it has certainly the
effect of misleading A. and such error is regarded as material under Section 215 of the
Code. Illustration (e).

b. In which cases there is no need to frame a Charge?

Ans. 1. If a person is charged with an offence consisting of several particulars, a
combination of some only of which constitutes a complete minor offence, and such a
combination is proved, but the remaining particulars are not proved, he may be convicted
of a minor offence, although he was not charged with such an offence
2. If a person is charged with an offence, and facts are proved which reduce the same to a
minor offence, such a person may be convicted of the minor offence. although he may not
be charged with such an offence.
3. If a person is charged with an offence. he may be convicted of an attempt to commit
such an offence, although he is not separately charged with such attempt.-[Section 222 of
the Code]

c. When can a Charge be altered or added?

Ans. Under Section 216 of the Cr.P.C. any Court may alter or add to any charge at any
time before judgement is pronounced.

3. A is wounded in Mumbai and dies of his wounds in Pune.

a. The offence of causing A's death would be inquired into by which Court, the
Court in Mumbai or Pune?
Ans. Under Section 179 of the Code, if an act is an offence by reason of anything which
has been done and of a consequence which has ensued, the offence can be tried by any
Court having jurisdiction where such thing was done or where the consequence ensued.
Therefore, the offence would be inquired into by the Court in Mumbai or Pune.
 b. What is the provision of Cr. P.C relating to Jurisdiction of Criminal Courts in
the above mentioned case.
Ans. The relevant provision in the above mentioned case is laid down under Section 179
of the Code discussed above.

c. If both the Courts claim Jurisdiction how the conflict would be solved?
Ans. This conflict would be solved by the High Court of Mumbai which can decide as to
the jurisdiction either of the Court at Mumbai or Court at Pune.

4. A grievously injured B at Mumbai. B was taken to Nasik, his native place. After long
treatment B dies at Nasik.
a. Which is the ordinary place of inquiry and trial in this case?
Ans. Under Section 177 of the Cr. P. C. every offence is to be inquired into and tried by a
Court within whose jurisdiction the offence was committed. Therefore, the ordinary place
of inquiry and trial in this case is Mumbai.

b. B's relative wants to prosecute A at Nasik. Advice them.

Ans. Under Section 179 of the Code, if an act is an offence by reason of anything which
has done and of a consequence which has ensued, the offence can be tried by any Court
having jurisdiction where such thing was done or where the consequence ensued.
Therefore, B's relative can prosecute A at Nasik.

5. Ten watches were stolen by A from Ratnagiri and five of the stolen watches were
received by B at Mumbai.
a. In the case mentioned can A be tried at Mumbai?
Ans. Yes, A can be tried at Mumbai.

b. In the case mentioned, can B be tried at Ratnagiri?

Ans. Yes, B can be tried at Ratnagiri, as he is knew that the watches were stolen.

6. An offence is committed for which punishment is one year.

a. Within what period cognizance of the offence can be taken?
Ans. If the offence is punishable with imprisonment for a term not exceeding one year,
then the cognizance of the offence can be taken within a period of one year [Section 468
(2) of the Cr.P.C]

b. From what date the period of limitation commences?

 Ans. The period of limitation commences from the date of commission of an
offence/when it comes to the knowledge of the aggrieved party.

7. Mr. Bhagat is convicted for an offence of murder with death penalty.

a. Can he file an appeal against the conviction? Explain.
Ans. Yes, he can file an appeal in the High Court against the order of conviction given by
a trial Court (ie. Session's Court).

b. Explain the law relating to conformation of death penalty.

Ans. When the Court of Session passes a sentence of death, the proceedings shall be
submitted to the High Court, and the sentence shall not be executed unless it is confirmed
by the High Court-[Section 366 of the Cr. P. C., 1973).

8. Raju and Dev along with their three friends commit dacoity at P.K.. Jewellers Shop.
After their arrest and completion: of investigation, a chargesheet is filed in the
sessions court. The trial begins.
a. Can Dev plead for a discharge in this case? Explain.
Ans. Yes, Dev can plead for 'discharge in the above case on the ground that there is no
evidence against him of his involvement in the crime and no prima facie case has been
made out against him. And if the Judge considers that there is no sufficient ground for
proceeding against the accused, he shall discharge the accused and record his reasons for
doing so [Section 227 of the Cr.PC].

b. Can Raju apply for a tender of pardon? When?

Ans. Yes, Raju can apply for "tender of pardon'' at any time after commitment of a case
but before the judgement is passed. The Magistrate of the First Class inquiring into or
trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person
on condition of his making a full and true disclosure of the whole of the circumstances
within his knowledge relating to the offence and to every other person concerned whether
as a principal or an abettor. [Sections 306 & 307 of the Cr.P.C]

9. Mr. Rana is arrested for an alleged offence of rape.

a. What is the nature of the offence committed by him?
Ans. The offence is cognizable, non-bailable and non-compoundable offence which is
triable by the Court of Sessions.

b. Can he be released on bail? When?

 Ans. Yes, he can be released on bail by the Court under the grounds stated in Section 437
of the Code of Criminal Procedure, 1073. Court may impose certain conditions on the
accused so released.

c. Can he compound the offence? Why?

Ans. No, he cannot compound the offence. A crime is a public wrong, i.e., an offence
against society or community as a whole. Therefore, a compromise between the accused
and the injured is not enough to absolve the accused from criminal liability. The offence
of rape is a serious, cognizable, non-bailable and non-compoundable offence under the
Cr.P.C., 1973.

10. A is tried for an offence of attempt to murder of 'B' punishable under sec. 307 of
I.P.C. and is acquitted
a. To which Court an appeal shall lie against the above order?
Ans. The appeal shall lie in the High Court.

b. Can B prefer an appeal against the said order?

Ans. No, only the State Government who is the party complainant can prefer an appeal.

11. 'A' is accused of an act which may amount to theft or receiving stolen property or
criminal breach of trust or cheating.
a. In the case mentioned 'A' is charged only with theft. It appears that he
committed the offence of criminal breach of trust. Can 'A' be convicted for
criminal breach of trust?
Ans. Yes. He may be convicted of criminal breach of trust, though he was not charged
with such offence [Section 221 (2) illustration (b)]

b. In the case mentioned 'A' is charged only with theft. It appears that he
committed the offence of receiving stolen goods. Can 'A' be convicted for
receiving stolen goods?
Ans. Yes, he may be charged with receiving stolen goods, he may be charged with having
committed theft, or receiving stolen goods Section 221 (2) illustration (a)]

12. a. 'A' is accused of murder of 'B' at a given time and place. While framing the
charge will it be necessary to set out the manner 'A' caused the murder of 'B'?
Ans. No, it is not necessary. The charge need not state the manner in which A murdered
B. [Section 213 illustration (e)].
 b. 'A' is accused of giving false evidence at a given time and place. While framing
charges will it be necessary to set out that portion of evidence given by ‘A’ which is
alleged to be false?
Ans. Yes, it is necessary. The charge must set out that portion of the evidence given by A
which is alleged to be false (Section 213 illustration (c)].

13. X filed a complaint against Y for dishonor of cheque. The trial court convicted Y
and sentenced him to 2 years of imprisonment. The court also directed Y to pay
compensation of Rs. 70,000 O to X. X preferred revision against this order to
sessions court. X's revision application was allowed and compensation was increased
to Rs. 1,00,000.
a. Can X file revision against the order of the sessions court seeking further
increase in compensation?
Ans. No, X cannot file revision against the order of the Session Court. Section 399 (2)
lays down that where any application for revision is made by or on behalf of any person
before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such
person shall be final and no further proceeding by way of revision at the instance of such
person shall be entertained by the High Court or any other Court.

b. Can Y file revision against the e order of sessions court?

Ans. Yes, Y can file revision against the order of the Sessions Judge.

14. An offence is committed for which punishment is 6 months.

a. Within what period cognizance of the offence should be taken?
Ans. The cognizance of an offence in which punishment is 6 months, should be taken
within a period of one year [Cr.P.C. Section 468 (2) (b)]

b. The period of limitation commences from which date?

Ans. The period of limitation shall commence on the date of the offence; or on the first
day on which such offence comes to the knowledge of the aggrieved person, whichever is
earlier [Cr.P.C. Section 469].

15. X’s son and daughter are seeking maintenance from X. The son is major whereas the
daughter is minor and married. Advise them.
Ans. Under Section 125 of the Cr.P.C, the major son is not entitled to maintenance. But a
minor married daughter, if she has not completed the age of 18 years and unable to maintain
herself can seek maintenance from her father or mother as the case may be.
16. Ajay's old parents reside in their village in bad financial condition. Whereas Ajay
resides in Mumbai along with his wife. Ajay is the only son, who is neither allowing
his parents to reside in Mumbai nor providing the parents with any financial
assistance.
a. What remedy is available to Ajay's parents? (mention section specifically)
Ans. They have to point out to the Court that Ajay, the only son, having sufficient means,
neglects or refuses to maintain them, and that they are unable to maintain themselves.
Ajay's parents may file an application under Section 125 of the Code of Criminal
Procedure and can get the monthly maintenance amount at the rate of Rs. 1500/- and the
expenses of the proceedings as the Magistrate may think fit. [Section 125 (2)].

b. Where can they seek relief?

Ans. They can file the same application before the Magistrate of the First Class.

17. Rana was tried for theft of gold ornaments from one jeweller shop. On a complaint
filed by the shop owner Rana was arrested. The Judge found him guilty of offence
committed under sec.380 of IPC.Further Court ordered Rana's release after
admonition under Probation of Offenders Act, 1958, because there was no previous
conviction of the accused Rana and the theft was committed due to sudden
temptation without any premeditation.
a. Define Probation. Is Probation valid in this case? Give reasons.
Ans. The conditional suspension of a sentence by the Court, in selected cases, especially
of young offenders, who are not sent to prisons but are released on probation, on agreeing
to abide by certain conditions.
Yes, probation in this case is valid in law. Because, there was no previous conviction or
bad behaviour and the said offence was committed due to sudden temptation without any
premeditation.

b. Explain the power of the Court to release certain offenders on Probation.

Ans. Under the Probation of Offenders Act, the Courts have been equipped with certain
power to release the person offender on probation. The object of the said power is to
protect the newly offender from being a habitual offender. The only condition prescribed
behind the exercise of this power is that, the offender should not be a habitual offender
and the offence should not be of such a nature for which the punishment of life
imprisonment or death is provided.
18. A police officer arrests Mr. X on suspicion that 'X' had committed a non-bailable
offence.
a. How long can 'X' be kept in police custody without an order of a magistrate?
Ans. The arrested person must be produced before the Magistrate within 24 hours from
the time of his arrest. No police officer shall detain in custody a person arrested without
warrant for a longer period than twenty four hours exclusive of time necessary for the
journey from the place of arrest to the Magistrate's Court.

b. Can the court give bail to 'X' ? Under which circumstances can bail be rejected?
Ans. Yes, the Court can give bail to "X". But, such person shall not be granted bail or
shall not be so released on bail if-
a. there appear reasonable grounds for believing that he has been guilty of any offence
punishable with death or imprisonment for life;
b. such offence is a cognizable offence and he had been previously convicted of an
offence punishable with death, imprisonment for life or imprisonment for 7 years or
more, or he has been convicted on two or more occasions of a non-bailable and
cognizable offence [Cr.P.C. Section 437].

19. 'A' is an old father having a son who is an officer fetching a good salary. 'A' has been
driven out of the house of the son and lives with friends at their mercy.
a. Can 'A' claim maintenance from his son? What provision will be attracted?
Ans. Yes. 'A' can claim maintenance from his son under Section 125 (1) (d) of the Cr. P.
C. Not only that but the Bombay High Court recently held that the parents cannot be
driven out of their house, rather the parents can drive away the children from the house if
they are ill-treating or harassing their parents.

b. If the son is ordered to pay maintenance by court but still he does not pay it to
'A', what can 'A' do? Advice 'A'.
Ans. The father can make an application before the Court passing an order of
maintenance and under Section 125 (3), if the son so ordered to pay maintenance to his
father 'A' fails without sufficient cause to comply with the order, any such Magistrate
may, for every breach of the order, issue a warrant for levying the amount due in the
manner provided for levying fines. and may sentence the son, for the whole or any part of
each month's allowance for maintenance or the interim maintenance and expenses of
proceeding, as the case may be, remaining unpaid after the execution of the warrant, to
 imprisonment for a term which may extend to one month or until payment if sooner
made.

20. 'A' and 'B' are neighbours and a water channel flows adjacent to land of both of
them. 'A' obstructs water flow for his own use depriving 'B' of water. 'B' does not
have time to approach civil court as his agricultural activities are at peak and water
is urgently required.
a. Can 'B' usefully take recourse to any provision of the Cr. P. C.? How?
Ans. Yes. 'B' can take recourse to the provision of Cr. P. C. laid down in Section 145 for
the order of the removal of the obstruction to the water flow if there be no time to him to
approach the Civil Court: And the Magistrate, on being satisfied of the contention made
by 'B' in his application, may order the removal of obstruction accordingly under Section
147 of the Cr.P.C.

b. What is the legislative intention of such provisions in the Cr P. C.?

Ans. The legislative intention of the above provision is to provide speedy remedy for the
prevention of breaches of peace arising out of disputes relating to immovable property
and to enable a Magistrate to intervene and pass a temporary order in regard to the right
over or possession of the immovable property in dispute until the actual rights of the
parties are determined by a competent Civil Court.

4. Write in detail (2 questions, 12 marks each)

1. What is bail? Explain the law relating to bails.
Ans. Meaning
‘Bail’ connotes the process of procuring the release of an accused charged with certain
offences by ensuring his future attendance in the court for trial and compelling him to remain
within the jurisdiction of the court. Definition of bail, as per the Black’s Law Dictionary is
that bail is – “the security required by a court for the release of a prisoner who must appear at
a future time.” The objective of arrest is to deliver justice by presenting the accused before
the Court.

Broad Principles - The Law Commission has stated that the Code has adopted the following
broad principles in regard to bail:
(a) bail is a matter of right, if the offence is bailable;
(b) bail is a matter of discretion, if the offence is non-bailable;
(c) bail shall not be granted by the magistrate if the offence is punishable with death or
imprisonment for life; but if the accused is a woman, or a minor under the age of 16
years, or a sick or infirm person, the court has a discretion to grant bail;
(d) The Court of Session or the High Court have a wide discretion in granting bail, even in
respect of offences punishable with death or imprisonment for life.

Considerations
In case of bailable offences, bail can be claimed as of right. In case of non-bailable offences,
however, bail cannot be granted as a matter of course and it is at the discretion of the court.
But the discretion requires to be exercised reasonably and on sound judicial principles.
Deprivation of freedom by refusing bail should not be punitive and the basic rule should be
"bail and no jail". The following factors are relevant for deciding whether to grant or refuse
bail:
(1) the nature and gravity of the offence;
(2) the enormity of the charge;
(3) the severity of the punishment prescribed;
(4) the manner in which the offence is committed;
(5) the nature of evidence in support of accusation;
(6) involvement of the accused in other cases;
(7) antecedents of the accused;
(8) availability of accused for investigation and interrogation;
(9) the probability of accused absconding, if released on bail;
(10) the likelihood of witnesses being tampered with or terrorised;
(11) the danger of offence being repeated or continued;
(12) the delay likely to be occasioned in trial;
(13) the opportunity to the accused to prepare his defence;
(14) age, sex, health, background, antecedents and character of the accused;
(15) circumstances under which the offence was committed;
(16) period for which the accused remained in custody;
(17) position and status of the accused with reference to the victim and witnesses;
(18) character of the evidence against the accused;
(19) the impact on the society;
(20) larger interests of the public, etc.

Different types of bail

● Regular Bail - Via this, the court orders the release of a person who is under arrest, from
police custody after paying the amount as bail money. An accused can apply for regular
bail under Section 437 and 439 of CrPC.
● Interim Bail - This is a direct order by the court to provide temporary and short term bail
to the accused until his regular or anticipatory bail application is pending before the court.
● Anticipatory Bail - This is a direct order of Sessions or High Court to provide pre-arrest
bail to an accused of a crime. When the person has an apprehension of being arrested, the
person can apply for anticipatory bail.

Cancellation of bail - Under Section 437(5) of CrPC, the court which has granted bail can
cancel it, if found necessary under certain conditions. Per Section 439(2), the Sessions Court,
High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and
transfer the accused to custody. Per Section 389(2), an appellate court can also cancel the bail
of the accused and order the accused to be arrested and sent to custody.

2. How is a complaint made to a Magistrate? Explain the procedure of commencement

of proceedings before Magistrate.
Ans. How is a complaint made to a magistrate?
The procedure has been enunciated in Section 200 of the Code:
(1) The complaint has to be filed with the magistrate who has the jurisdiction to try the
offence complained of. However, in cases where the complaint is accidentally filed with
the magistrate not having the jurisdiction. the magistrate is duty bound to return the
complaint to be presented to the appropriate magistrate by stating the necessary details
thereof.
(2) The complaint may be made orally or in writing. However, it is always better to furnish it
in writing.
(3) Unlike the filing of the FIR, where after the police straight away proceed to investigate
the offence complained of and arrest the suspects. In case of the complaint the magistrate
will not proceed with it without examining the complainant and witnesses (note-only the
witnesses who are present at the time of filing such complaint).
(4) Thereafter the magistrate will make a written report of the examination and sign it himself
as well as get it signed by the complainant and the witnesses.
(5) Thereafter if the magistrate is satisfied that the complaint coupled with the examination
discloses an offence. he shall proceed with taking cognizance of the offence (which
simply means that he would summon the accused suspects for the purpose of trial).
(6) However, if the magistrate is not satisfied that the complaint (and examination) discloses
any offence, he may take one of the two options available to him; he may either dismiss
the complaint or he may order the police to undertake some further investigation under
Section 202 of the Code.
(7) After the police officer reports back to the magistrate his findings the magistrate may
proceed with either of the steps stated in point 5 and paint 6 (minus the investigation
order of course, which has already been given).

Commencement of proceedings before Magistrate

(a) Issue of process - S. 204 provides that if in the opinion of the magistrate taking
cognizance of an offence there is sufficient ground for proceeding, he shall issue process
against the accused. If the case appears to be a summons-case, he shall issue summons. If
the case appears to be a warrant case, he may issue a warrant. But even in a warrant-case,
if he thinks fit, he may issue summons for causing the accused to be brought before him if
he has jurisdiction or before some other magistrate having jurisdiction.
(b) Attendance of accused - S. 205 enacts a salutary rule. It empowers the magistrate to
dispense with the personal attendance of the accused in certain circumstances. It provides
that if the magistrate sees reason to do so, he may permit the accused to appear through
his lawyer. At the same time, however, it authorises the magistrate inquiring into or trying
the case in his discretion to enforce personal presence of the accused at any stage of the
proceeding, if necessary.
(c) Petty offences - Under S. 206, in case of petty offences which can be summarily disposed
of under S. 260 of the Code, the magistrate shall issue summons to the accused requiring
him either to appear in person or by pleader or to plead guilty to the charge and pay the
amount of fine. The special procedure under this section will not apply to cases where the
magistrate, for reasons to be recorded in writing, is of the contrary opinion; or the offence
is punishable under the Motor Vehicles Act or any other law providing for conviction of
the accused in absence of a plea of guilty.
(d) Supply of documents - Where the proceeding has been instituted on a police report, the
magistrate shall without delay furnish to the accused free of cost copies of the following
documents:
● police report;
● first information report;
 ● statements recorded under section 161(3) of all persons whom the prosecution
proposes to examine as its witnesses [excluding the part covered by sub-section (3) of
section 173];
● confessions and statements recorded under section 164;
● any other document or relevant extract thereof forwarded to the magistrate with the
police report under section 173(5).
However, if the magistrate is satisfied that the document referred to in clause (v) is
voluminous, he shall instead of furnishing a copy thereof, allow inspection either by the
accused or his pleader. Wherein a case instituted otherwise than on a police report and
exclusively triable by the Court of Session, the magistrate shall without delay furnish to the
accused, free of cost copies of the following documents:
● statements of all persons examined by the magistrate (recorded under section 200 or
section 202);
● statements and confessions recorded under section 161 or section 164;
● all documents produced before the magistrate on which prosecution proposes to rely.

3. What is an F.I.R? Explain the procedure of investigation by a police officer right

from filing of an FIR till submission of the final report.
Ans. FIR
The term "First Information Report" is not defined in the Code. However, it can be said to be
information given to the police first in point of time relating to a cognizable offence. This is
one of the modes by which criminal law is put in motion. It is the earliest report made to the
police officer with a view to his taking action and on the basis of which investigation has
commenced.

Procedure of Investigation
(1) The investigation of a cognizable case begins when a police officer in charge of a police
station has reason to suspect the commission of a cognizable offence on the basis of FIR
or any other information so received. It requires that prompt intimation of the FIR be sent
to the Magistrate.
(2) The officer shall then proceed in person to the spot for investigation of facts and
circumstances, or shall depute one of his subordinate officers for the same, and if
required, measures for the discovery and arrest of the person shall be taken, maintaining a
case diary under S. 175.
(3) When the information received by the police officer is not of serious nature, the officer
need not proceed in person or depute some subordinate officer to investigate on the spot.
And if no sufficient ground exists for entering on an investigation, he shall not investigate
the case. And shall state in its report for not complying with the requirements of this
section, and notify the informant that he will not investigate the case or cause it to be
investigated.
(4) He shall then send this report (called as police report) to the Magistrate empowered to
take cognizance of such offence. It is sent by the superior police officer, so as to make the
Magistrate aware that a particular case is being investigated by a police officer. The main
objective of sending a report is to enable the Magistrate to control the investigation and
give directions if required under Section 159 of the Code.
(5) The Magistrate, under Section 159, has been empowered, if he feels necessary, after
receiving the report to direct investigation, or to conduct himself or direct a subordinate
Magistrate to hold a preliminary inquiry.
(6) The police officer making the investigation is empowered under Section 160 to require
the attendance of any person as a witness who is acquainted with the facts and
circumstances of the case.
(7) Any police officer who is in charge of the investigation or any other officer who is acting
on the request of an officer in charge shall and is empowered to examine a witness or
person who is acquainted or aware of the facts and circumstances of the case put before
him.
(8) After the examination, the police officer making the investigation shall reduce the number
of statements given by the person in the course of the examination. And if done so, he
shall keep a separate record of the same.
(9) Any magistrate whether metropolitan or judicial, if he has jurisdiction or not in the case,
is empowered under Section 164 to record any statement or confession made to him in the
course of the investigation.
(10) A police officer is empowered under Section 165 of the Code to search for any place
which he has reasonable grounds to believe that contains something necessary with
respect to the investigation he is authorized to make. The officer should make a record of
the search done and send a report of the same to the nearest Magistrate who can further
furnish it to the owner/occupier of the place searched, free of cost, on application.
(11) Section 167 deals with the procedure when investigation cannot be completed within
24 hours. The Magistrate shall authorize the detention of the accused (but not in police
custody) if he has reasons and grounds to believe the necessity of doing so.
(12) On completion of the investigation, the accused is released if the evidence is deficient,
and if sufficient, then the accused is sent to the magistrate, so that the Magistrate can take
cognizance of the offence and try the accused or commit him for trial.
(13) Final report of a police officer after the completion of the investigation is to be sent to
the Magistrate under Section 173. This report is generally called a “Chargesheet” or
“Challan”.

4. Explain the law relating to trial before a court of session.

Ans. Sections 225 to 237 deal with the procedure for trials before a Court of Session. It can
broadly be divided into three stages. (i) Opening of the case by the public prosecutor; (ii)
Recording of evidence; and (iii) Acquittal or conviction of the accused.
(a) Trial to be conducted by Public Prosecutor - In every trial before a Court of Session,
the prosecution shall be conducted by a public Prosecutor.
(b) Opening case for prosecution – When the accused appears or is brought before the
Court in pursuance of a commencement of the case under Section 209, the prosecutor
shall open his case by describing the charge brought against the accused and stating by
what evidence he proposes to prove the guilt of the accused.
(c) Discharge - If, upon consideration of the record of the case and the documents submitted
therewith, and after hearing the submissions of the accused and the prosecution on this
behalf, the Judge considers that there is no sufficient ground for proceeding against the
accused, he shall discharge the accused and record his reasons for doing so.
(d) Framing of charge - After considering the record of the case and after hearing the
submissions on behalf of the prosecution and the accused, if the offence is exclusively
triable by the Court of Session, he shall frame a charge against the accused in writing.
The charge shall then be read out and explained to the accused and he shall be asked
whether he pleads guilty or claims to be tried.
(e) Conviction on plea of guilty - If the accused pleads guilty, the judge shall record the plea
and may, in his discretion, convict him thereon.
(f) Prosecution evidence - If the accused does not plead guilty or claims to be tried or is not
convicted on the plea of guilty, the Judge shall fix a date for examination of witnesses. On
the date so fixed, he shall take evidence produced in support of the prosecution.
(g) Acquittal - If, after taking the evidence for the prosecution, examining the accused and
hearing the prosecution and the defence on the point, the Judge considers that there is no
evidence that the accused committed the offence, the Judge shall record an order of
acquittal.
(h) Defence evidence - Where the accused is not acquitted under section 232, he will be
called upon to enter on his defence and to adduce evidence in support thereof. If the
accused files any written statement, it will be taken on record. If he applies for attendance
of witnesses or production of any document or thing, the Judge will issue process unless
he considers for reasons to be recorded that such application requires to be rejected on the
ground that it is made for the purpose of vexation or to cause delay or for defeating the
ends of justice.
(i) Arguments - When the examination of the witnesses (if any) for the defence is complete,
the prosecutor shall sum up his case and the accused or his pleader shall be entitled to
reply: Provided that, where any point of law is raised by the accused or his pleader, the
prosecution may, with the permission of the Judge, make his submissions with regard to
such point of law.
(j) Judgement of acquittal or conviction - After hearing arguments and points of law (if
any), the Judge shall give a judgement in the case. If the accused is convicted, the Judge
shall, unless he proceeds in accordance with the provisions of Section 360, hear the
accused on the question of sentence, and then pass sentence on him according to law.

5. What is an appeal? When can an appeal be filed in an appellate court? Explain.

Ans. Meaning
The term "appeal" has not been defined in the Code. According to the dictionary meaning, an
appeal is a complaint or grievance to a superior court for reconsideration or review of a
decision, verdict or sentence of a lower court. In other words, it is a complaint made to the
higher court that the decision rendered by the lower court is unsound and wrong.

Essentials
Every appeal includes three basic elements:
(a) a decision (usually judgment of a court);
(b) a person aggrieved (normally, though not necessarily a party to the original proceeding);
and
(c) a reviewing authority (appellate court).
When an Appeal can be filed
a. Appeal in Court of Session (Section 373 CrPC) - An appeal may lie to the Court of
Session against the order under:
● Section 117: Where a person has been ordered to give security for keeping the peace
or for good behaviour.
● Section 121: Where a person has been aggrieved by any order refusing to accept or
reject a surety.
b. Appeal From Convictions (Section 374 CrPC) -
1. While exercising extraordinary original criminal jurisdiction, if the High Court passes
an order of conviction, an appeal shall lie to the Supreme Court.
2. If the Court of Session or Additional Court of Session passes the order of conviction
during the trial, an appeal shall lie to the High Court.
3. If the Court of Session or Additional Court of Session gives punishment of more than
seven years, the appeal shall lie to the High Court.
4. Where a person is convicted by the Assistant Court of Session, Metropolitan
Magistrate Judicial Magistrate 1, Judicial Magistrate II, an appeal shall lie to the
Court of Session.
5. A person aggrieved under section 325, 360 of the Criminal Procedure Code can
appeal to the Court of Session.
c. State Appeals Under (Sections 377, 378 of CrPC) - Appeals by the State Government:
1. For enhancement of sentence (Section 377) - The section empowers the State
Government to file an appeal through a public prosecutor Court of Session or High
Court on the grounds of insufficiency of the sentence.
2. Against the acquittal of accused (Section 378) - In this section, District Magistrate
is empowered to direct the public prosecutor to file an appeal to the Court of Session
for the order of acquittal done by any Magistrate in a matter of cognizable and
non-bailable offence. The State is also empowered to direct the public prosecutor to
file an appeal for the order acquittal done by any court other than High Court for
appeal or revision.
d. Appeal Against Conviction by High Court in Certain Cases (Section 379 CrPC) - If
the High Court reversed an order of acquittal of a person and convicted him and
sentenced him to death, life imprisonment, or imprisonment for a period of ten years or
more, the accused has the right to make an appeal to the Supreme Court.
e. Special Right of Appeal in Certain Cases (Section 380 CrPC) - Under this section, an
accused has a right of appeal in an unappealable sentence if his co- accused has been
given an appealable sentence.

6. Explain the procedure of trying an accused person who is of unsound mind, in a

criminal court.
Ans. S. 328: Procedure in case of accused being lunatic
1) When a Magistrate holding inquiry has reason to believe that the person against whom
the inquiry is being held, is of unsound mind, and consequently, incapable of making his
defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall
cause such person to be examined by the civil surgeon of the district, and thereupon,
shall examine such surgeon as a witness, and shall reduce the examination to writing
2) If such Magistrate is of opinion that the person is of unsound mind, and consequently,
incapable of making his defence, he shall record a finding to that effect and shall
postpone further proceedings in the case.

S. 329: Procedure in case of person of unsound mind tried before Court

If at the trial of any person before a Magistrate or Court of Session, it appears to the
Magistrate or Court of Session that such person is of unsound mind, and consequently,
incapable of making his defence, the Magistrate or Court of Session shall after considering
such medical or other evidence produced before it and shall postpone further proceedings in
the case.
1) If an accused person is-
(i) a lunatic at the time of inquiry, and by that reason incapable of making his defence, the
Magistrate (S. 328); or
(ii) a lunatic at the time of trial and by that reason incapable of making his defence, the
Magistrate or Court of Session (S. 329),
may release such a person on sufficient security being given that his proper care shall be
taken (S. 330).
2) Whenever an inquiry or a trial is postponed by the Magistrate, such Magistrate may
resume the inquiry or trial at any time when the person ceases to be of unsound mind (S.
331).
3) If the Magistrate considers the accused to be of unsound mind, he shall be dealt with in
accordance with the provisions of S. 330. (S. 332).
4) When the accused appears to be of sound mind at the time of inquiry or trial, but was of
unsound mind at the time when the offence was committed, and by that reason of
unsoundness he was incapable of knowing the nature of the act, or that he was incapable
of knowing that it was wrong or contrary to law, the Magistrate shall proceed with the
case or commit it to the Court of Session if the offence is triable by the Court of Session
(S. 333).
5) If it is proved that such accused has committed an offence, the findings will be recorded
to that effect, but he will be acquitted on the ground of unsoundness of mind. (S. 334); In
such case he will be detained in the safe custody and his case will be reported to the State
Government. (S. 335).
6) If the Inspector-General certifies that a person detained under s. 330 or S. 335 won't cause
injury to himself or to any other person, the State Government may, thereupon, order such
person to be released. (S. 338). And such a person may be handed over to his relatives or
friends on their giving security that he will be taken proper care of and prevented from
causing injury to himself or any other person. (S. 339)

7. When police may arrest without warrant?

Ans. Section 41 Any police officer may, without an order from a Magistrate and without a
warrant, arrest any person:
(1) who is concerned or involved in any cognizable offence; or
(2) against whom a reasonable complaint has been made or credible information has been
received or reasonable suspicion exists about his concern or involvement in any
cognizable offence;
(3) who has in his possession without lawful excuse, any implement of house-breaking:
(4) who has been a proclaimed offender.
(5) who is reasonably suspected to be in possession of stolen property.
(6) who obstructs a police officer while discharging his duties;
(7) who has escaped or attempts to escape, from a lawful custody;
(8) who is reasonably suspected of being a deserter from any of the Armed Forces of the
Union;
(9) who is concerned or involved in any act committed outside India but such act is
punishable in India, or
(10) against whom a reasonable complaint has been made or credible information has been
received or reasonable suspicion exists about his committing such act outside India
(11) who, being a released convict, commits a breach of any rule on which he is so
released;
(12) for whose arrest any requisition, whether written or oral, has been received from
another police officer who was lawful in arresting that person for the offence without a
warrant.

8. Security for good behaviour from suspected persons and habitual offender
Ans. S. 109: Security for good behaviour from suspected persons
When an Executive Magistrate receives information that any person (within his local
jurisdiction or without such jurisdiction). Taking precautions to conceal his presence with a
view to committing a cognizable offence, The Executive Magistrate may require such person
to show cause why he should not be ordered to execute a bond with or without sureties for
keeping the peace for such period, not exceeding a year.

S. 110: Security for good behaviour from habitual offenders - When an Executive
Magistrate receives information that a person (within his local jurisdiction or without such
jurisdiction) who-
(1) is by habit a robber, house-breaker, thief, or forger, or
(2) is by habit a receiver of stolen property, or
(3) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen
property, or
(4) habitually commits, or attempts to commit, or abets the commission of the offence of
kidnapping, abduction, extortion, cheating or mischief, or offences involving a breach of
the peace etc.
(5) habitually commits, or attempts to commit, or abets the commission of offences involving
a breach of the peace, or
(6) habitually commits, or attempts to commit, or abets the commission of -
a. any offence under any of the following Acts, namely:
● the Drugs and Cosmetics Act, 1940;
● the Foreign Exchange Regulation Act, 1973;
● the Employees' Provident Funds and Family Pension Fund Act, 1952;
● the Prevention of Food Adulteration Act, 1954;
● the Essential Commodities Act, 1955;
● the Untouchability Offences Act, 1955;
● the Customs Act, 1962;
 ● the Foreigners Act, 1946; or
b. any offence punishable under any other law provided for the prevention of hoarding
or profiteering or of adulteration of food or drugs or of corruption, or
c. is so desperate and dangerous as to render his being at large without security
hazardous to community,
such Magistrate may, in the manner hereinafter provided, require such person to show
cause why he should not be ordered to execute a bond, with sureties for his good
behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

9. Discuss the essential ingredients of Charge in a Criminal Trial.

Ans. S. 211: Contents of charge
(1) Every charge under this Code shall state the offence with which the accused is charged.
(2) If the law which creates the offence gives any specific name, the offence may be
described in the charge by that name only. (e.g. "Theft"; or "Murder"; etc.)
(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. (e.g. "Assaulting or obstructing public servant when suppressing
riot, etc.")
(4) The law and Section of the law against which the offence is said to have been committed,
shall be mentioned in the charge. (e.g. I.P.C. Section 378, 410, etc.).
(5) When the charge is made, it is equivalent to a statement that all the ingredients of that
offence are satisfied/fulfilled in that case.
(6) The charge shall be written in the language of the Court.
(7) If the accused is convicted of a previous offence, and if he commits subsequent offence
and by that reason he is liable for enhancement of different punishment, then in such case,
the fact, date and place of previous conviction, shall be stated in the charge. (e.g. a person
convicted for "Attempt to murder" u/s. 307, when undergoing life imprisonment causes
hurt, he is liable for punishment of death. see Section 307 Part II, I.P.C.).
(8) Particulars as to time, place and person (S. 212): The charge shall contain such
particulars as to the time and place of the alleged offence, and the person against whom,
or the thing in respect of which the offence was committed.
(9) Manner of committing an offence (S. 213): When the nature of the case is such that the
particulars mentioned in Sections 211 and 212 do not give the accused sufficient notice of
 the matter with which he is charged, in such case, the charge shall also contain such
particulars of the manner in which the alleged offence was committed.
(10) Particulars as to time, place and person - The charge shall contain such particulars
as to time and place of the alleged offence, and the person (if any) against whom, or the
thing (if any) in respect of which, it was committed, as are reasonably sufficient to give
the accused notice of the matter with which he is charged.
(11) When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient to specify the
gross sum or, as the case may be, describe the movable property in respect of which the
offence is alleged to have been committed, and the dates between which the offence is
alleged to have been committed, without specifying particular items or exact dates, and
the charge so framed shall be deemed to be a charge of one offence within the meaning of
Section 219
(12) When the nature of the case is such that the particulars mentioned in Section 211 and
212 do not give the accused sufficient notice of the matter with which he is charged, the
charge shall also contain such particulars of the manner in which the alleged offence was
committed as will be sufficient for that purpose.

10. When Bail may be taken in case of Non-Bailable offences?

Ans. Bail may be given -
(1) When any person accused of, or suspected of, the commission of any non-bailable
offence, is arrested or detained without warrant by an officer in charge of a police station
or appears or is brought before a Court other than the High Court or Court of Sessions, he
may be released on bail, but-
a) such person shall not be so released if there appear reasonable grounds for believing
that he has been guilty of an offence punishable with death or imprisonment for life;
b) such person shall not be so released if such offence is a cognizable offence and he had
been previously convicted of an offence punishable with death, imprisonment for life
or imprisonment for seven years or more, or he had been previously convicted on two
or more occasions of a cognizable offence punishable with imprisonment for three
years or more, but not less than seven years:
Provided that, the Court may direct that a person referred in clause i) or clause ii) be
released on bail if such person is under the age of sixteen years or is a woman or is sick or
infirm:
 Provided further that, 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 so to do for any other special
reason:

Provided also that, no person shall, if the offence alleged to have been committed by him
is punishable with death, imprisonment for life, or imprisonment for seven years or more
be released on bail by the Court under this sub-Section without giving an opportunity of
hearing to the Public Prosecutor.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as
the case may be, that there are not reasonable grounds for believing that the accused has
committed a non- bailable offence, but that there are sufficient grounds for further inquiry
into his guilt, the accused shall, subject to provisions of Section 446-A and pending such
inquiry, be released on bail, or, at the discretion of such officer or Court on the execution
by him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with
imprisonment which may extend to seven years or more of an offence under Chapter VI,
XVI or XVII of the I.P.C., 1860 or abetment of, conspiracy or attempt to commit, any
such offence, is released on bail under sub-section (1), the Court shall impose the
conditions, -
a) that such person shall attend in accordance with the conditions of bond executed
under this Chapter,
b) that such person shall not commit an offence similar to the offence of which he is
accused, and
c) that such person shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or tamper with the evidence,
and may also impose, in the interests of justice, such other conditions as it considers
necessary.
(4) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable
offence is not concluded within a period of sixty days from the first date fixed for taking
evidence in the case, such person shall, if he is in custody during the whole of the said
period, be released on bail to the satisfaction of the Magistrate, unless for the reasons to
be recorded in writing, the Magistrate otherwise directs.
(5) If, at any time after the conclusion of the trial of a person accused of a non-bailable
offence and before judgment is delivered, the Court is of the opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it shall
release the accused, if he is in custody, on the execution by him of a bond without sureties
for his appearance to hear judgment delivered.

11. State the powers of Court to release certain Offenders on Probation of Good
Conduct with reference to Probation of Offenders Act.
Ans. S. 4: Power of Court to release certain offenders on probation of good conduct
(1) When any person is found guilty of having committed an offence not punishable with
death or imprisonment for life and the Court by which the person is found guilty is of
the opinion that, having regard to the circumstances of the case including the nature of
the offence and the character of the offender, it is expedient to release him on probation
of good conduct, then, the Court may, instead of sentencing him at once to any
punishment direct that he be released on his entering into a bond, with or without
sureties, to appear and receive sentence when called upon during such period not
exceeding 3 years, as the Court may direct, and in the meantime to keep the peace and be
of good behaviour:

Provided that, the Court shall not direct such release of an offender unless it is satisfied
that the offender or his surety, if any, has a fixed place of residence or regular
occupation in the place over which the Court exercises jurisdiction or in which the
offender is likely to live during the period for which he enters into the bond.
(2) Before making any order under sub-Section (1), the Court shall take into consideration
the report, if any, of the probation officer concerned in relation to the case.
(3) When an order under sub-Section (1) is made, the Court may, if it is of opinion that in the
interests of the offender and of the public it is expedient so to do; in addition pass a
supervision order directing that the offender shall remain under the supervision of a
probation officer named in the order during such period, not being less than one year,
as may be specified therein, and may in such supervision order impose such conditions as
it deems necessary for the due supervision of the offender.
(4) The Court making supervision order under sub-Section (3), shall require the offender,
before he is released, to enter into bond with or without sureties, to observe the
conditions specified in such order and such additional conditions with respect to
residence, abstentions from intoxicants or any other matter as the Court may, having
 regard to the particular circumstances, consider fit to impose for preventing a repetition of
the same offence or a commission of other offences by the offender.
(5) The Court making a supervision order under sub-Section (3), shall explain to the offender
the terms and conditions of the order and shall forthwith furnish one copy of the
supervision order to each of the offenders, the sureties, if any, and the probation officer
concerned.

12. State the Constitution and Powers of child welfare committee with reference to
Juvenile Justice (care and protection of children) Act.
Ans. Constitution of Child Welfare Committee - S. 29
The Committee shall consist of a Chairperson and four other members as the State
Government may think fit to appoint, of whom at least one shall be a woman and another,
an expert on matters concerning children.

Qualification/appointment of members, term of office of members and termination of

members
(1) The qualifications of the Chairperson and the members, and the tenure for which they
may be appointed shall be such as may be prescribed.
(2) The appointment of any member of the Committee may be terminated after holding
inquiry State Government, if -
a. he has been found guilty of misuse of power vested under this Act;
b. he has been convicted of an offence involving moral turpitude, and such conviction
has not been reversed or he has not been granted full pardon in respect of such
offence;
c. he fails to attend proceedings of the Committee for consecutive three months without
any valid reason or he fails to attend less than three-fourth of the sittings in a year.

S. 31: Powers of the Child Welfare Committee

(1) The Committee shall have the final authority to dispose of cases for the care, protection,
treatment, development and rehabilitation of the children, as well as, to provide for their
basic needs and protection of human rights.
(2) Where a Committee has been constituted for any area, such Committee shall have the
power to deal exclusively with all proceedings under this Act relating to children in need
of care and protection.
(3) Power to hold inquiry - On receipt of a report under Section 32, the Committee shall
hold an inquiry and may pass an order to send the child to the Children's Home for speedy
inquiry by a social worker or child welfare officer.
(4) Power to allow the child to stay at Children's Home or Shelter Home - After the
completion of the inquiry, if, the Committee is of the opinion that the said child has no
family or ostensible support or is in continued need of care and protection, it may allow
the child to remain in the Children's Home or Shelter Home till suitable rehabilitation is
found for him or till he attains the age of eighteen years.
(5) Power to order the transfer of child to competent authority - If, during the inquiry it
is found that the child is from the place which is outside the jurisdiction of the Child
Welfare Committee, such Committee shall order the transfer of the child to the competent
authority having jurisdiction over the place of residence of the child (S. 38).
(6) Power to hand over a child to its parents, guardians, etc. - The Committee shall have
power to restore any child in need of care and protection to his parent, guardian, fit person
or fit institution, as the case may be, and give them suitable directions (S. 39).

13. Write about powers of police to arrest a person and rights of an arrested person.
Ans. Powers of Police to arrest
Any police officer may, without an order from a Magistrate and without a warrant, arrest any
person:
a. who is concerned or involved in any cognizable offence; or
b. against whom a reasonable complaint has been made or credible information has been
received or reasonable suspicion exists about his concern or involvement in any
cognizable offence;
c. who has in his possession without lawful excuse, any implement of house-breaking;
d. who has been a proclaimed offender;
e. who is reasonably suspected to be in possession of stolen property;
f. who obstructs a police officer while discharging his duties;
g. who has escaped or attempts to escape, from a lawful custody;
h. who is reasonably suspected of being a deserter from any of the Armed Forces of the
Union;
i. a) who is concerned or involved in any act committed outside India but such act is
punishable in India; or
j. against whom a reasonable complaint has been made or credible information has been
received or reasonable suspicion exists about his committing such act outside India;
k. who, being a released convict, commits a breach of any rule on which he is so released;
l. for whose arrest any requisition, whether written or oral, has been received from another
police officer who was lawful in arresting that person for the offence without a warrant;
m. Any officer in charge of a police station may, in like manner, arrest or cause to be arrested
any person, belonging to one or more of the categories of persons specified in Section 109
or Section 110 of the Code.
n. S. 42: Arrest on refusal to give name and residence - When any person who, in the
presence of a police officer, has committed or has been accused of committing a
non-cognizable offence and on demand of such police officer refuses to give his name
and residence or gives a false name or residence, such person may be arrested by such
police officer in order that his name or residence may be ascertained;

Rights of an Arrested Person

a. S. 49, Right against unnecessary restraint - The person arrested shall not be subjected
to more restraint than is necessary to prevent his escape.
b. S. 50: Person arrested to be informed of grounds of arrest and of right to bail - Every
police officer or other person arresting any person without warrant shall forthwith
communicate the arrested person full particulars of the offence for which he is arrested or
other grounds for such arrest.
c. Where a police officer arrests without warrant any person who is not accused of
non-bailable offence, in such case, he shall inform the person arrested that he is entitled to
be released on bail and that he may arrange for sureties on his behalf.
d. The police officer shall forthwith give the information regarding such arrest and place
where the arrested person is being held, to any of his friends or relatives, etc. (S. 50A).
e. S. 41-D, Right to meet Advocate of choice - confers right on the arrested persons to
meet an Advocate of his choice during interrogation by police.
f. Right to consult lawyer - Article 22(1) confers on every person who is arrested the right
to consult a legal practitioner of his own choice. He is also entitled to free legal aid if he
is an indigent person and is not in a position to engage an advocate.
g. S. 56, Right to be presented before a Magistrate - A police officer making an arrest
without warrant shall, without unnecessary delay, send the arrested person before the
officer in charge of a police station or before a Magistrate having jurisdiction in a case.
h. S. 57, Person arrested not to be detained more than 24 hours - Police officer shall not
detain in custody a person arrested beyond twenty-four hours (excluding the time
necessary for the journey from the place of arrest to the Magistrate's Court).
i. S. 53 Right to be examined by a medical practitioner - When the offence committed by
the arrested person is such that examination of his person will afford evidence as to the
commission of an offence, the registered medical practitioner can make an examination of
the arrested person at the request of a police officer, and use such force as is reasonably
necessary for the purpose of such examination.

14. Explain the reformative nature of Probation of Offenders Act, 1958.

Ans. Following are some indicators:
a. Probation of Offenders Act 1958 protects minor offenders from becoming regular
criminals. They can choose to reform themselves rather than go to prison to accomplish
this.
b. The Act is based on a reformative approach which has come over the years from the
Doctrine of Deterrence.
c. In a study, it was determined that reintegration into the society of offenders after release
declines. They could have issues working with professional delinquents as well. So, it has
an unfavourable effect on the convicted person and their life afterwards.
d. The probation officer reaches out to the accused’s needs and challenges in a kind manner
and attempts to resolve the issue, which gets done for those convicted of lesser offences.
e. Because it promotes the current liberal reform movement, the Probation of offender Act
constitutes a landmark milestone in the study of criminology. It stems from the idea that
criminal law is more concerned with rehabilitating the individual offender than punishing
them.
f. Probation has its influence from the juvenile justice system of “positivism” which has its
development from the ideologies of the criminal justice system.
g. The main aim and objective of probation is to permanently reform the lawbreakers. It
involves moulding the habits into constructive ways by rehabilitation and reformation.
h. Simply, probation can be understood as the conditional release of an offender on the
promise of good behaviour.
i. The aim of this act is to reform the young offender who might have committed the crime
under the influence of bad company or ignorance. The object is to remould and save them
from the hardened criminals who might distract them to the path of crimes.
j. This act also helps the persons of mature age who may have committed the crime in
influence. They are expected to be good citizens of the country.

15. Explain the constitution of Juvenile Justice Board and its power under Juvenile
Justice (Care and Protection of Children) Act 2000.
Ans. Constitution of Juvenile Justice Board
A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the First
Class, as the case may be, and two social workers of whom at least one shall be a woman,
forming a bench and every such bench shall have the powers conferred by the Code of
Criminal Procedure, 1973, on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of the First Class and the Magistrate on the Board shall be designed as the
principal Magistrate.

Qualification/appointment of members, term of office of members and termination of

members
(1) No Magistrate shall be appointed as a member of the Board unless he has special
knowledge or training in child psychology or child welfare, and no social worker shall be
appointed as a member of the board unless he has been actively involved in health,
education, or welfare activities pertaining to children for at least seven years.
(2) The term of office of the members of the Board and the manner in which such member
may resign, shall be such, as may be prescribed.
(3) The appointment of any member of the Board may be terminated after holding inquiry, by
the State Government, if-
a) he has been found guilty of misuse of power vested under this Act,
b) he has been convicted of an offence involving moral turpitude, and such conviction
has not been reversed or he has not been granted full pardon in respect of such
offence,
c) he fails to attend the proceedings of the Board for consecutive three months without
any valid reason or he fails to attend less than three-fourth of the sittings in a year.

S. 6: Powers of Juvenile Justice Board

(1) Where a Board has been constituted for any district, such Board shall have power to deal
exclusively with all proceedings under this Act relating to juveniles in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be exercised by the
High Court and the Court of Sessions, when the proceeding comes before them in appeal,
revision or otherwise.
(3) S. 12: Power to grant bail to a juvenile - When any person accused of a bailable or
non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is
brought before a Board, such person shall be released on bail with or without surety or
placed under the supervision of a Probation Officer or under the care of any fit institution
or fit person, but he shall not be so released, if there appear reasonable grounds. for
believing that the release is likely to bring him into association with any known criminal
or expose him to moral, physical or psychological danger or that his release would defeat
the ends of justice.
(4) When such a person having been arrested, is not released on bail under sub-Section (1),
by the officer in charge of the police station, such officer shall cause him to be kept only
in an observation home in the prescribed manner until he can be brought before a Board.
(5) When such person is not released on bail under sub-Section (1), by the Board, it shall,
instead of committing him in prison, make an order sending him to an observation home
or a place of safety for such period during the pendency of the inquiry regarding him as
may be specified in the order.
(6) S. 14 Power to hold Inquiry - Where a juvenile having been charged with the offence is
produced before a Board, the Board shall hold the inquiry in accordance with the
provisions of this Act and may make such order in relation to the juvenile as it deems fit:
Provided that, an inquiry under this Section shall be completed within a period of four
months from the date of its commencement, unless the period is extended by the Board
having regard to the circumstances of the case, and in special cases, after recording the
reasons in writing for such extension.

16. Law relating to arrest in case of a female and Judicial officer.

Ans. Arrest of female (Rest provisions are same as given in Q. 13)
While arresting a female person, all efforts should be made to keep a lady constable present
but in circumstances where the arresting officer is reasonably satisfied that such presence of a
lady constable is not available or possible and/or the delay in arresting caused by securing the
presence of a lady constable would impede the course of investigation, such arresting officer
for reasons to be recorded either before the arrest or immediately after the arrest, be permitted
to arrest a female person for lawful reasons at any time of the day or night depending on the
circumstances of the case even without the presence of a lady constable.

S. 51: Search of arrested person - Whenever it is necessary to cause a female to be

searched, the search shall be made by another female with strict regard to decency.

S. 53: Examination of accused by medical practitioner at the request of police officer -

Whenever the person of a female is to be examined under this Section, the examination shall
be done only by, or under the supervision of, a female registered medical practitioner.

Arrest of Judicial Officer

The Supreme Court laid down the below guidelines to be followed in the case of arrest and
detention of a Judicial Officer, in Delhi Judicial Service Association v State of Gujarat:
(1) If a Judicial Officer is to be arrested for some offence, it should be done under intimation
to the District Judge or the High Court as the case may be.
(2) If facts and circumstances necessitate the immediate arrest of a Judicial Officer of the
subordinate judiciary, a technical or formal arrest may be effected.
(3) The fact of such arrest should be immediately communicated to the District and Sessions
Judge of the concerned District and the Chief Justice of the High Court.
(4) The Judicial Officer arrested shall not be taken to a police station, without the prior order
or directions of the District and Sessions Judge of the concerned District, if available.
(5) Immediate facilities shall be provided to the Judicial Officer for communication with his
family members, legal advisers and Judicial Officers, including the District and Sessions
Judge.
(6) No statement of a Judicial Officer who is under arrest be recorded nor any panchnama be
drawn up nor any medical tests be conducted except in the presence of the Legal Adviser
of the Judicial Officer concerned or another Judicial Officer of equal or higher rank, if
available.
(7) There should be no handcuffing of a Judicial Officer. If, however, violent resistance to
arrest is offered or there is imminent need to effect physical arrest in order to avert danger
to life and limb, the person resisting arrest may be overpowered and handcuffed. In such a
case, an immediate report shall be made to the District and Sessions Judge concerned and
also to the Chief Justice of the High Court.

17. Distinguish between Investigation, Inquiry and Trial.

Ans.
 Investigation Inquiry Trial

Investigation is conducted Inquiry is conducted by Trial is conducted by a

by Police or by any other Magistrate or by any other Magistrate or by Judge.
person authorized by law but person authorized by law.
not by Magistrate.

It relates to an offence It relates to an offence It relates to an offence

before framing of charge or
any other non-offence matter
like security proceedings
under Section 107 CrPC,
dispute of possession under
sections 133, 145, 147 CrPC
or commitment to Sessions
Courts under Section 209
CrPC

It is not on oath. It is on oath It is on oath

It results either in a It results either in framing of It results either in conviction

chargesheet or final report charge or discharge or final or acquittal or discharge. It
(section 173 CrPC). It is a order under section 133, is a judicial proceeding
non-judicial proceeding 145, 147 CrPC or
commitment under Section
209 CrPC. It is a judicial
proceeding.

It generally starts either on It generally starts either on It starts either on complaint

FIR or on order of FIR or on order of or on Police report or on
Magistrate Magistrate Magistrate’s report

It includes discovery, arrest, It includes recording of It adjudicates upon the

seizure, search and medical evidence only evidence so recorded.
examination, etc

18. Classify the various Criminal Courts and state the powers of each of the courts
provided under the Cr.PC.
Ans. The Code classifies criminal courts in the following categories-
a. Sessions Courts - Section 7 provides that each State shall be divided into one or more
sessions divisions for the purposes of the Code. The State Government shall establish a
Court of Session for every session's division. It will be presided over by a Judge, who will
be appointed by the High Court. The High Court may also appoint Additional Sessions
 Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. All
Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court they
exercise jurisdiction.
b. Judicial Magistrates' Courts - In every district (not being a metropolitan area), there are
courts of Judicial Magistrates of the first and the second class. High Court may also
confer the powers of a judicial magistrate of the first or of the class on judicial officers
functioning as a Judge in civil court whenever the High Court second Metropolitan
Magistrate subject to the gen it expedient or necessary.
The High Court will appoint a Judicial al Chief Metropolitan Magistrate. Magistrate of
the first class to be the Chief Judicial Magistrate. The High Court may also appoint any
Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate who
will have all or any of the powers of a Chief Judicial Magistrate as the High Court may
direct. The High Court may designate any Judicial Magistrate of the first class in any
sub-division as the Sub-Divisional Magistrate. He will exercise such powers of
supervision and control over particular cases or a particular class of the Judicial
Magistrates.
The Chief Judicial Magistrate is subordinate to the Sessions Judge. Sub-Divisional
Magistrate are subject to the general control of the Chief Judicial Magistrate.
c. Metropolitan Magistrates' Courts - In each metropolitan area, the State Government
may establish a sufficient number of Metropolitan Magistrates' Courts. The presiding
officers of such courts are appointed by the High Court. Jurisdiction and powers of every
such magistrate extend throughout the metropolitan area. One of the Metropolitan
Magistrates will be appointed as the Chief Metropolitan Magistrate by the High Court.
The High Court may also appoint any Metropolitan Magistrate as Additional Chief
Metropolitan Magistrate, who will exercise all or any of the powers of a Chief
Metropolitan Magistrate as may be directed by the High Court.
The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate is
subordinate to the Sessions Judge.
d. Special Magistrates - On request by the Central or State Government, the High Court
may confer on any person, who holds or has held any post under the Government, all or
any of the powers conferred on a Judicial Magistrate of the first class or of the second
class or on a Metropolitan Magistrate in respect of particular cases or a particular class of
cases in any local area. Such Magistrates are called Special Judicial Magistrates or
 Special Metropolitan Magistrates. They can be appointed for a maximum period of one
year at a time.
The High Court or the State Government may authorise a Special Judicial Magistrate or a
Special Metropolitan Magistrate to exercise powers of a Metropolitan Magistrate or of a
Judicial Magistrate in any area outside his local jurisdiction.
e. Executive Magistrates - In each district and in every metropolitan area, the State
Government appoints as many persons as it thinks fit to be Executive Magistrates. One of
them will be appointed District Magistrate. The State can also appoint any Executive
Magistrate as an Additional District Magistrate and confer on him all or any of the
powers of the District Magistrate. The State Government may place an Executive
Magistrate in charge of a sub-division. Such a magistrate is called Sub-Divisional
Magistrate. The State Government can also confer power of the Executive Magistrate on
the Commissioner of Police in Metropolitan area. 18 It can also appoint Special Executive
Magistrates having powers of Executive Magistrates for particular areas and for
performance of particular functions.
All Executive Magistrates other than the Additional District Magistrate are subordinate to
the District Magistrate. Likewise, all Executive Magistrates in a subdivision are
subordinate to the Sub-Divisional Magistrate subject to the general control of the District
Magistrate.

Powers of Criminal Courts

Court Maximum sentence which can be imposed

Supreme Court Any sentence authorised by law.

High Courts Any sentence authorised by law. [Section 28(1)]

Sessions Judge, Additional Any sentence authorised by law. Sentences of death,

Sessions Judge however, are subject to confirmation by the High
Court. [Section 28(2)]

Assistant Sessions Judge Imprisonment up to ten years and/or fine [Section

28(3)]

Chief Judicial Magistrate, Chief Imprisonment up to seven years and/or fine [Section
Metropolitan Magistrate 29(1),(4)]

Judicial Magistrate Class I, Imprisonment upto three Years and/or fine up to Rs.
Metropolitan Magistrate 10,000/- [Section 29(2),(4)]

Judicial Magistrate Class II Imprisonment upto one year and/or fine up to Rs.
 5,000 [Section 29(3)]

Special Judicial Magistrate. Imprisonment upto three years and/or fine up to Rs.
10,000/- [Section 13(1) read with section 29(2)]
OR
Imprisonment upto one year and/or fine up to Rs.
5,000/-[Section 13(1) read with section 29(3)]

19. Explain the duties of Probation Officer with reference to Probation of Offenders
Act, 1958.
Ans. Probation officers
"probation officer" means an officer appointed to be a probation officer or recognized as such
under Section 13 [(S. 2 (b)].

S. 13
(1) A probation officer under this Act shall be -
a) a person appointed to be a probation officer by the State Government or recognized as
such by the State Government; or
b) a person provided for this purpose by a society recognized in this behalf by the State
Government or
c) In any exceptional case, any other person who, in the opinion of the Court, is fit to act
as a probation officer in the special circumstances of the case.
(2) A Court which passes an order under Section 4 or the District Magistrate of the district in
which the offender for the time being resides may, at any time, appoint any probation
officer in the place of the person named in the supervision order.
(3) A probation officer, in the exercise of his duties under this Act, shall be subject to the
control of the District Magistrate of the district in which the offender for the time being
resides.

S. 14, Duties of probation officers - A probation officer shall, subject to such conditions and
restrictions, as may be prescribed -
a) inquire, in accordance with any directions of a Court, into the circumstances or home
surroundings of any person accused of an offence with a view to assist the Court in
determining the most suitable method of dealing with him and submit reports to the
Court;
b) supervise probationers and other persons placed under his supervision and, where
necessary. endeavour to find them suitable employment
c) advise and assist offenders in the payment of compensation or costs ordered by the Court;
d) advise and assist, persons who have been released under Section 4; and
e) perform such other duties as may be prescribed.

20. What are the various processes to compel appearances and what are the
consequences of non-appearance.
Ans. The presence of the accused can be secured by issuing a summons or by issuing a
warrant for his arrest and detention. Chapter VI, sections 61 to 90 enact the law relating to
procuring presence of the accused.
A. Summons (S. 61-67) - Though the expression "summons" has not been defined in the
Code, it can be said to be a form of process, issued by a Court calling upon a person to
appear before it. A summons to an accused is an authoritative call asking him to remain
present in court for a particular purpose or to answer a particular charge. Every summons
issued by a Court under this Code shall be in,
(1) writing,
(2) in duplicate,
(3) signed by the presiding officer of such Court or by such other officer as the High
Court time to time, by rule direct, and
(4) shall bear the seal of the Court.
B. Warrant of Arrest (S. 70-79) - A warrant of arrest may be defined as an order issued
under the seal and signature of the Court and directed to a police officer authorising him
to arrest and bring before the Court the named therein. Every warrant of arrest issued by a
Court under this Code -
(1) shall be in writing,
(2) shall be signed by the presiding officer of such Court, and
(3) shall bear the seal of the Court.
(4) shall remain in force until it is cancelled by the Court which issued it, or until it is
executed.
C. Proclamation for person absconding (S. 82) - If any Court has reason to believe 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. The proclamation shall be
published as follows:
 (1) It shall be publicly read in some conspicuous place of the town or village in which
such person ordinarily resides;
(2) It shall be affixed to some conspicuous part of the house in which such person
ordinarily resides or be affixed to some conspicuous place of such town or village;
(3) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(4) the Court may direct a copy of the proclamation to be published in a daily newspaper
circulating in the place in which such person ordinarily resides.
D. Attachment of Property (S. 83) - The Court issuing a proclamation order under Section
82 may, for reasons to be recorded in writing, at any time after the issue of the
proclamation, order the attachment of any property, movable or immovable, or both,
belonging to the proclaimed person.
E. Execution of Bond - It empowers the Court to issue a warrant in lieu of or in addition to
a summons after recording reasons in writing:
(1) if either before the issue of summons or after the issue but before the time fixed for
his appearance, the Court has reason to believe that such person has absconded or will
not obey the summons;
(2) if such person fails to appear without any reasonable cause even after the summons is
duly served on him.

Consequences of Non-appearance/disobedience
A. Summons - Disobedience of or non-compliance with a summons issued by a competent
Court is punishable under the Indian Penal Code. Likewise, prevention of service of
summons will also amount to an offence.
B. Warrant of Arrest - Disobedience of a warrant is punishable under the Indian Penal
Code. Similarly, resistance or obstruction to arrest in execution of a warrant is also
punishable.
C. Proclamation - Where a proclamation is made as above, and thereafter, such offender
person fails to appear at the specified place and time as required by the proclamation, the
Court may pronounce him a proclaimed offender and make a declaration to that effect.
D. Execution of Bond - When any person who is bound by any bond taken under this Code
to appear before a Court, does not appear, the officer presiding in such Court may issue a
warrant directing that such person be arrested and produced before him.

21. State the salient features of the Probation of Offenders Act. Which theory of
punishment is adopted for this Act?
Ans. Reformative Theory of punishment is adopted for this act: the aim of punishment should
be to transform the culprit through the individualization approach.
Salient Features
(1) The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by
rehabilitating them in the society and avoiding the progression of juvenile offenders into
obdurate criminals under environmental control by locking them in prison with hardened
criminals.
(2) This seeks to release first offenders, following proper admonition or notice with advice
who are suspected to have committed an offence punishable under Section 379, Section
380, Section 381, Section 404 or Section 420 of the Indian Penal Code and even in case
of any crime punishable with incarceration for not more than two years, or with fine, or
both.
(3) The Act demands that the Court can order such compensation and the costs of the
prosecution for reimbursement by the accused as it finds fair for the damage or injury to
the victim.
(4) This Act empowers the Court to free those prisoners on probation in good behaviour if
the crime supposedly perpetrated is not punishable by death or imprisonment for life. He
will, therefore, be kept under control.
(5) The Act gives the Judge the right to modify the terms of the bail after a prisoner is placed
on probation with good behaviour and to prolong the probation period not to exceed three
years from the date of the initial order.
(6) The Act offers extra protection for people under the age of twenty-one to prevent
sentencing him to prison. However, a person found guilty of a crime punishable by life
imprisonment can not have this clause.
(7) The Act empowers the Court to grant a warrant of arrest or summons to him and his
guarantees compelling them to appear before the Court on the date and time stated in the
summons if the defendant placed on bail refuses to comply with the terms of the bond.
(8) Under the terms of this Act, the Act empowers the Judge to try and sentence the
defendant to jail. The High Court or any other Court may even make such an order when
the case is put before it on appeal or in revision.
(9) The Act offers a significant function for probation officers to support the Court and
oversee the probationers under its supervision and to guide and support them in seeking
appropriate work.
22. Enumerate and explain the factors which are considered to decide whether bail is to
be granted or rejected.
Ans. Following are some factors:
(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 custody of such officer or at
any stage of the proceeding before such Court to give bail, shall be released on bail.
(2) Where a person has failed to comply with the conditions of the bail-bond as regards the
time and place of attendance, the Court may refuse to release him on bail.
(3) When any person accused of, or suspected of, the commission of any non-bailable
offence, is arrested or detained without warrant by an officer in charge of a police station
or appears or is brought before a Court other than the High Court or Court of Sessions, he
may be released on bail, but-
a) such person shall not be so released if there appear reasonable grounds for believing
that he has been guilty of an offence punishable with death or imprisonment for life;
b) such person shall not be so released if such offence is a cognizable offence and he had
been previously convicted of an offence punishable with death, imprisonment for life
or imprisonment for seven years or more, or he had been previously convicted on two
or more occasions of a cognizable offence punishable with imprisonment for three
years or more, but not less than seven years:
(4) A person may be released on bail if such person is under the age of sixteen years or is a
woman or is sick or infirm.
(5) A person may be released on bail if the court is satisfied that it is just and proper to do so
for any other special reason.
(6) The mere fact that an accused person may be required for being identified by witnesses
during investigation, shall not be sufficient ground for refusing to grant bail if he is
otherwise entitled to be released on bail and gives an undertaking that he shall comply
with such directions as may be given by the Court:
(7) No person shall, if the offence alleged to have been committed by him is punishable with
death, imprisonment for life, or imprisonment for seven years or more be released on bail
by the Court without giving an opportunity of hearing to the Public Prosecutor.
(8) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as
the case may be, that there are not reasonable grounds for believing that the accused has
committed a non- bailable offence, but that there are sufficient grounds for further inquiry
 into his guilt, the accused shall, subject to provisions of Section 446-A and pending such
inquiry, be released on bail, or, at the discretion of such officer or Court on the execution
by him of a bond without sureties for his appearance.
(9) When a person accused or suspected of the commission of an offence punishable with
imprisonment which may extend to seven years or more of an offence under Chapter VI,
XVI or XVII of the I.P.C.,1860 or abetment of, conspiracy or attempt to commit, any such
offence, is released on bail, the Court shall impose conditions.
(10) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable
offence is not concluded within a period of sixty days from the first date fixed for taking
evidence in the case, such person shall, if he is in custody during the whole of the said
period, be released on bail to the satisfaction of the Magistrate, unless for the reasons to
be recorded in writing, the Magistrate otherwise directs.
(11) If, at any time after the conclusion of the trial of a person accused of a non-bailable
offence and before judgment is delivered, the Court is of the opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it shall
release the accused, if he is in custody, on the execution by him of a bond without sureties
for his appearance to hear judgment delivered.

23. Explain the provisions of delivering the Judgement by a Criminal Court under
Cr.P.C.
Ans. Procedure of delivering a judgement
(1) The judgment, in every trial in any Criminal Court of original jurisdiction shall be
pronounced in open Court by the presiding officer immediately after the termination of
the trial or at some subsequent time of which notice shall be given to the parties or their
pleaders, -
a) by delivering the whole of the judgment; or
b) by reading out the whole of the judgment; or
c) by reading out the operative part of the judgment and explaining the substance of the
judgment in a language which is understood by the accused or his pleader.
(2) Where the judgment is delivered under clause a) of sub-section (1), the presiding officer
cause it to be taken down in short-hand, sign the transcript and every page thereof, as
soon as it is made ready, and write on it the date of the delivery of the judgment in open
Court.
(3) Where the judgment or operative part thereof is read out under clause b) or clause c) of
sub-section (1), it shall be dated and signed by the presiding officer, in open Court and if
it is not written with his own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause c) of sub-section (1),
the whole judgment or a copy thereof shall be immediately made available for the perusal
of the parties or their pleaders, free of cost.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the
judgment pronounced, except where his personal attendance during the trial has been
dispensed with and the sentence is one of fine only or he is acquitted: Provided that,
where there are more accused than one, and one or more of them do not attend the Court
on the date on which the judgment is to be pronounced, the presiding officer may, in order
to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding
their absence.
(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason
only of the absence of any party or his pleader on the day or from the place notified for
the delivery thereof, or of any omission to serve, or defect in serving, on the parties or
their pleaders, or any of them, the notice of such day and place.

S. 354: Language and contents of judgment

(1) Except as otherwise expressly provided by this Code, every judgment referred to in
Section 353-
a) shall be written in the language of the Court;
b) shall contain the point or points for determination, the decision thereon and the reason
for the decision;
c) shall specify the offence of which, and the Section of the I.P.C., 1860 or other law
under which the accused is convicted and the punishment to which he is sentenced;
d) If it be a judgment of acquittal, shall state the offence of which the accused is
acquitted and direct that he be set at liberty.
(2) When the conviction is under the I.P.C 1860 and it is doubtful under which of two
Sections, or under which of two parts of the same Section, of that Code the offence falls,
the Court shall distinctly express the same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative, with
imprisonment for life or imprisonment for a term of years, the judgment shall state the
 reasons for the sentence awarded, and, in the case of sentence of death, the special
reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of 1 year
or more, but the Court imposes a sentence of imprisonment for a term of less than 3
months, it shall record its reasons for awarding such sentence, unless the sentence is one
of imprisonment till the rising of the Court or unless the case was tried summarily under
the provisions of this Code.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the
neck till he is dead.
(6) Every order under Section 117, or sub-section (2) of Section 138 and every final order
made under Section 125, 145 or 147, shall contain the point or points for determination,
the decision thereon and the reasons for the decision.