Contents

Chapter 1

Introduction

Q

Whether Code is exhaustive or not?

2

Q

What do you understand by the expression “Procedure established by law” as mentioned in Article 21 of the Constitution of India?

2

Q

What measures are provided by the Code to secure greater benefit to the accused?

3

Q

Whether the Code is an adjective or a procedural law?

3

¨

Definitions

4

(A)

Complaint

4

Q

What is ‘complaint’?

4

Essentials of Complaint

4

(B)

Offence

Q

Define the word ‘offence’ as given under the Code?

4

(C)

Cognizable and Non-cognizable offences

5

Q

What are cognizable and non-cognizable offences?

5

(D)

Inquiry

5

Q

Define the word ‘inquiry’ as provided under the Code?

5

(E)

Investigation

6

(F)

Charge

6

Q

What is charge?

6

(G)

Judicial proceeding

6

Q

What do you understand by the term ‘Judicial Proceeding’?

6

(H)

Officer-in-charge of a police station

6

(I)

Trial

6

(J)

Remand – Police and Judicial

7

Q

What does ‘Remand’ mean?

7

Chapter 2

Rights of An Arrested Person

Q

What are the rights of an arrested person under Cr PC, 1973?

8

¨

Arrest of persons

8

¨

Arrest without warrant

9

When police may arrest without warrant

9

Arrest on refusal to give name and residence

9

Q

Can a person who refuses to give his name and details of residence be arrested?

9

Arrest without a warrant by a police officer in a non-cognizable case

10

Q

When a person may be arrested without warrant?

10

Arrest by private person

10

Q

When private individual(s) may arrest a person?

10

Arrest by Magistrate

11

¨

Warrant of Arrest

11

Form of warrant of arrest

11

Q

What are the requirements of form of warrant of arrest?

11

Essential requisites of a warrant

12

Q

What are the essential requisites of a warrant?

12

How long does warrant remain in force?

12

Period of detention

12

Q

Can a person in a police station be detained for more than 24 hours?

12

¨

Rights of an arrested person

12

Guidelines for arrest and detention

18

Q

Discuss the charter of rights of an arrested person to safeguard the interest of the arrestee laid down in D.K. Basu case by the Supreme Court.

18

Joginder Kumar Case

19

Chapter 3

Information to police and their Powers to Investigate

¨

First Information Report (FIR)

21

Q

Explain the expression “First Information Report”

22

Information in cognizable offence

22

Object of FIR

23

Evidentiary value of FIR

23

Q

What is the evidentiary value of FIR?

23

Delay in lodging FIR

23

Q

Whether delay in lodging FIR affects the case?

23

Signature of the informant on FIR

24

Whether statement to police is protected

25

¨

Information as to non-cognizable cases

25

Difference between sections 154 and 155 of Cr PC

25

Q

In what way section 154 Cr PC is different from section 155 Cr PC?

25

Statements made to the police under sections 154 and 155 Cr PC cannot be used as evidence

26

¨

Case Law

26

T.T. Antony Case

26

Observation and decision of the Supreme Court

26

¨

Investigation

28

Q

P, an officer in charge of a police station receives a telephone call that a prostitute has bought a minor girl for purpose of prostitution in a red light area within the limits of his police station. The information relates to the commission of a cognizable offence. Describe briefly the provisions of the Cr PC, 1973 relating to investigation by police in this case. When does ‘Investigation’ begin? Discuss the procedure for investigating a cognizable offence.

28

Investigation of non-cognizable offence

29

Accused has no right to participate

29

Irregularity in the order granting permission to investigate, curable

29

Irregularity in investigation, curable

29

Investigation of cognizable offence

29

Irregularities in investigation: effect of

30

Magistrate may direct investigation

30

Q

Can a Magistrate direct investigation?

30

Alternatives Magistrate can choose to take cognizance

31

Procedure of investigation

31

Q

Discuss the Procedure of investigation under the code.

32

Object of investigation

33

Difference between section 154 and section 157 Cr PC

33

Delegation and withdrawal of power of investigation

34

Power to hold investigation or preliminary inquiry

34

Word ‘direct’: meaning of

34

Preliminary inquiry: meaning of

34

Examination of witnesses by the police

35

Q

Whether an investigating officer can examine a witness of a case?

35

Expression ‘any person’: meaning of

35

Statement recorded under this section is not substantive evidence

35

Privileges of persons examined by the police

36

Q

What are the privileges of persons examined by the police?

36

Mode of recording answer

36

Use of statements in evidence

36

Word ‘statement’: meaning of

37

Medical tests

37

Evidentiary value of statement

37

Q

What is the evidentiary value of the statement made by any person to an investigating officer?

37

Recording of confessions and statements

38

Q

What is the procedure of recording of confession?

38

Distinction between recording of statements of accused and of witnesses

39

Search by police officer

39

Conditions imposed under this section

40

Whether search ultra vires the Constitution?

41

¨

Case laws

41

Shyam Lal Case

41

Observations of the Supreme Court

42

Decision

42

Nazir Ahmed Case

43

Decision by the Privy Council

43

Tehsildar Singh Case

44

Contentions of the parties

44

Decision

45

Abhinandan Jha Case

45

Issue

46

Decision by the Supreme Court

46

Madhu Bala Case

46

Decision of the Supreme Court

47

Chapter 4

Complaints to Magistrates

‘Complaint’: Meaning of

48

Essential ingredients of complaints

48

¨

Examination of complaint

49

Purpose of examination

49

“Magistrate taking cognizance”: Meaning of

49

Q

What is the meaning of the expression “Magistrate taking cognizance”?

49

Meaning of word ‘may’ in the expression ‘may take cognizance’

50

Complainant: meaning of

50

Period of limitation in filing a complaint

50

¨

Competency of Magistrate

50

What should a Magistrate do when he is not competent?

51

¨

Postponement of issue of process

51

Q

When can a Magistrate postpone the issue of process against the accused?

51

What Magistrate cannot do under this section

52

Distinction between ‘investigation’ under sections 156(3) and 202

52

Issue of process: Scope

52

Who may make an ‘investigation’?

53

Term “sufficient grounds”: meaning of

53

¨

Dismissal of Complaint

53

Section 203: Scope of

53

Q

Discuss the scope of section 203 of Cr PC?

53

Magistrate must comply with sections 200 and 202

54

No application of section 203 after issuance of process

54

Grounds of dismissal

54

Q

Name the factors which a Magistrate shall take into consideration while discussing the complaint.

55

Can fresh complaint can be entertained after dismissal?

55

Chapter 5

Charge

Q

What is the importance of ‘charge’ in a criminal trial?

56

¨

Trial for more than one offence

60

Q

How the court has to proceed for the trial for more than one offence?

60

Applicability of section 220

60

When nature of offence is doubtful

60

What persons may be charged jointly

61

Q

Discuss the set of persons who may be charged jointly?

61

Withdrawal of certain charges

62

Chapter 6

Trial

Q

What do you mean by word ‘trial’ within the meaning of the Code?

63

¨

Kinds of trial

64

Q

Discuss the various kinds of trial?

64

Summary trials

64

Regular trial

64

Trial in-Camera

64

¨

Conduct of trial

65

Q

How a criminal trial has to be conducted?

65

Opportunity to defend

65

¨

Separation of Executive and Judiciary

65

¨

Provision for legal Aid (Sections 303 and 304 Cr PC Articles 21 and 39A of the Constitution)

66

Q

Do you think that legal aid to the needy person is an important tool to achieve the goal of fair trial? Critically examine

66

Role of judges

66

Place of trial

67

Supply of all relevant documents to the accused

67

Joinder of charges

67

Proceedings in the presence of accused

67

Right to Cross-examine the witnesses

68

Benefit of doubt

68

Speedy trial

68

Rule against ‘Double jeopardy’

68

¨

Trial of Summons and Warrant Cases

68

A. the cases instituted on a police report

69

Q

Discuss briefly the trial of summons and warrant cases? Also discuss the differences between the two?

70

B. Cases instituted otherwise than on Police Report

70

¨

Trial of Summons cases by magistrate

72

Chapter 7

Bail

Q

Discuss the concept of ‘Bail’?

75

Bail and personal liberty

75

Q

Examine the idea of ‘bail’ in the light of Article 21 of the Constitution of India

76

Bailable and non-bailable offences

77

Distinction between the two

77

Q

Define ‘bailable’ and ‘non-bailable’ offences? What are the differences between the two?

77

Provisions for Bail under the Code

77

Provision of bail under section 436 of the Code

78

Q

F’s Mother-in-law, a patient of asthma and aged 57 years, father-in-law aged 60 years and brother-in-law, an outstanding player of his school cricket team and aged 15 years are arrested for assaulting in an attempt to wrongfully confine her (a bailable offence) and murder F (a non-bailable offence). All the accused apply for bail. They belong to a highly connected family of business magnates. Can the accused be released on bail? What guidelines should be kept in view while considering the bail applications? Under circumstances can be bail be cancelled?

78

Conditions to be satisfied under section 436

79

¨

Bail in Non-bailable cases

79

Q

Discuss the provisions of bail in non-bailable cases?

80

Bail in non-bailable cases: factors to be considered

81

Q

What factors are to be considered by a court of law while granting bail in non-bailable cases?

81

Cancellation of Bail

83

Q

Can a bail once granted be cancelled?

83

Distinction between rejection and cancellation of bail

84

Principle of res-judicata vis-a-vis successive bail applications

85

¨

Anticipatory Bail

85

Q

What considerations or conditions are weighed by the courts while granting or refusing bail in an anticipatory bail case?

85

Q

“Anticipatory bail, being an extraordinary remedy, must be allowed only in extraordinary situations”. Comment.

85

Q

P, a former minister alleges that he has been falsely implicated in a case of receiving kickbacks from a foreign country. P, apprehending his arrest moves an application for ‘anticipatory bail’. What factors should be kept in mind while considering P’s application?

86

Q

(i) A, a top government functionary, accused of murder whose underlings (subordinate officials) are the witnesses in the case, is granted bail by the Session Court on the ground that he is holding a responsible position and is unlikely to jump the bail

88

(ii) B, in apprehension of being falsely arrested in connection with a non-bailable offence, applies for an anticipatory bail and the Session Judge, in his indulgence (generosity) orders that the applicant shall be released on bail “whenever arrested, for whichever offence,  whatsoever''

88

(iii) A, a notorious anti-social and smuggler, on the basis of a newspaper report that the government was seriously contemplating a crack-down on smugglers apprehended his arrest and made an application for grant of anticipatory bail before the High Court. Decide

88

Whether Court can pass an interim order during pendency of application under section 438 Cr PC?

89

Section 438 vis-a-vis section 439 of Cr PC

89

When the Apex Court should interfere with orders granting bail?

90

Discretion in granting anticipatory bail-guidelines

91

Q

Discuss the guidelines drawn by the Supreme Court for the courts of law in order to exercise their discretion to grant anticipatory bail?

91

¨

Case Laws

92

Rao Harnarain Singh Case

92

Issue before the Supreme Court

93

Contentions

93

Observations

93

George Williams case

94

Observations and decision of the High Court

94

Gurcharan Singh Case

95

Balachand Case

96

Decision by the Supreme Court

97

Prahlad Singh Case

97

Sanjay Gandhi Case

98

Observation of the Supreme Court

99

Moti Ram case

99

Observations

100

¨

Parole

100

Q

Discuss briefly the concept of ‘Parole’ with the help of case law?

100

¨

Furlough

102

Q

Explain the term ‘furlough’.

103

Chapter 8

Compounding of Offences

Q

What do you mean by expression ‘compounding of offences’?

104

Chapter 9

Quashing of FIR and proceedings

Q

“Inherent jurisdiction of the High Court under section 482 Cr PC has to be exercised sparingly, carefully and with caution”. Comment.

111

When inherent power can be exercised?

112

Q

When inherent power can be exercised by the High Court under section 482 Cr PC?

112

Legal position of the High Court under section 482 Cr PC

114

Q

When powers under section 482 Cr PC can be invoked?

114

¨

Case Law

115

M. Devendrappa Case

115

Q

Discuss the scope of inherent jurisdiction of the Court.

116

Chapter 10

Problems and Solutions on Criminal Procedure Code

117

Table of Cases

123

Section Index

129

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