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Contents
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CHAPTER
1 |
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Introduction
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Q |
Whether
Code is exhaustive or not? |
2 |
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Q |
What
do you understand by the expression “Procedure established by law”
as mentioned in Article 21 of the Constitution of India? |
2
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|
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 |
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¨ |
Definitions |
4 |
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(A) |
Complaint |
4 |
|
Q |
What
is ‘complaint’? |
4 |
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• |
Essentials
of Complaint |
4 |
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(B) |
Offence |
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|
Q |
Define
the word ‘offence’ as given under the Code? |
4 |
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(C) |
Cognizable
and Non-cognizable offences |
5 |
|
Q |
What
are cognizable and non-cognizable offences? |
5 |
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(D) |
Inquiry |
5 |
|
Q |
Define
the word ‘inquiry’ as provided under the Code? |
5 |
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(E) |
Investigation |
6 |
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(F) |
Charge |
6 |
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Q |
What
is charge? |
6 |
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(G) |
Judicial
proceeding |
6 |
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Q |
What
do you understand by the term ‘Judicial Proceeding’? |
6 |
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(H) |
Officer-in-charge
of a police station |
6 |
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(I) |
Trial |
6 |
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(J) |
Remand
– Police and Judicial |
7 |
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Q |
What
does ‘Remand’ mean? |
7 |
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CHAPTER
2
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Rights
of An Arrested Person
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Q |
What
are the rights of an arrested person under Cr PC, 1973? |
8 |
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Arrest
of persons |
8 |
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¨ |
Arrest
without warrant |
9 |
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• |
When
police may arrest without warrant |
9 |
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• |
Arrest
on refusal to give name and residence |
9 |
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Q |
Can
a person who refuses to give his name and details of residence be
arrested? |
9 |
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• |
Arrest
without a warrant by a police officer in a non-cognizable case |
10 |
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Q |
When
a person may be arrested without warrant? |
10 |
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• |
Arrest
by private person |
10 |
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Q |
When
private individual(s) may arrest a person? |
10 |
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• |
Arrest
by Magistrate |
11 |
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¨ |
Warrant
of Arrest |
11 |
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• |
Form
of warrant of arrest |
11 |
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Q |
What
are the requirements of form of warrant of arrest? |
11 |
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• |
Essential
requisites of a warrant |
12 |
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Q |
What
are the essential requisites of a warrant? |
12 |
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• |
How
long does warrant remain in force? |
12 |
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• |
Period
of detention |
12 |
|
Q |
Can
a person in a police station be detained for more than 24 hours? |
12 |
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¨ |
Rights
of an arrested person |
12 |
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• |
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
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• |
Joginder
Kumar Case |
19 |
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CHAPTER
3
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Information
to police and their Powers to Investigate
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First
Information Report (FIR) |
21 |
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Q |
Explain
the expression “First Information Report” |
22 |
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• |
Information
in cognizable offence |
22 |
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• |
Object
of FIR |
23 |
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• |
Evidentiary
value of FIR |
23 |
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Q |
What
is the evidentiary value of FIR? |
23 |
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• |
Delay
in lodging FIR |
23 |
|
Q |
Whether
delay in lodging FIR affects the case? |
23 |
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• |
Signature
of the informant on FIR |
24 |
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• |
Whether
statement to police is protected |
25 |
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¨ |
Information
as to non-cognizable cases |
25 |
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• |
Difference
between sections 154 and 155 of Cr PC |
25 |
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Q |
In
what way section 154 Cr PC is different from section 155 Cr PC? |
25 |
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• |
Statements
made to the police under sections 154 and 155 Cr PC cannot be used as
evidence |
26
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¨ |
Case
Law |
26 |
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• |
T.T.
Antony Case |
26 |
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• |
Observation
and decision of the Supreme Court |
26 |
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¨ |
Investigation |
28 |
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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
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Investigation
of non-cognizable offence |
29 |
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• |
Accused
has no right to participate |
29 |
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• |
Irregularity
in the order granting permission to investigate, curable |
29 |
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• |
Irregularity
in investigation, curable |
29 |
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• |
Investigation
of cognizable offence |
29 |
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• |
Irregularities
in investigation: effect of |
30 |
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• |
Magistrate
may direct investigation |
30 |
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Q |
Can
a Magistrate direct investigation? |
30 |
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• |
Alternatives
Magistrate can choose to take cognizance |
31 |
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• |
Procedure
of investigation |
31 |
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Q |
Discuss
the Procedure of investigation under the code. |
32 |
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• |
Object
of investigation |
33 |
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• |
Difference
between section 154 and section 157 Cr PC |
33 |
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• |
Delegation
and withdrawal of power of investigation |
34 |
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• |
Power
to hold investigation or preliminary inquiry |
34 |
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• |
Word
‘direct’: meaning of |
34 |
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• |
Preliminary
inquiry: meaning of |
34 |
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• |
Examination
of witnesses by the police |
35 |
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Q |
Whether
an investigating officer can examine a witness of a case? |
35 |
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• |
Expression
‘any person’: meaning of |
35 |
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Statement
recorded under this section is not substantive evidence |
35 |
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• |
Privileges
of persons examined by the police |
36 |
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Q |
What
are the privileges of persons examined by the police? |
36 |
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• |
Mode
of recording answer |
36 |
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• |
Use
of statements in evidence |
36 |
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• |
Word
‘statement’: meaning of |
37 |
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• |
Medical
tests |
37 |
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• |
Evidentiary
value of statement |
37 |
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Q |
What
is the evidentiary value of the statement made by any person to an
investigating officer? |
37
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• |
Recording
of confessions and statements |
38 |
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Q |
What
is the procedure of recording of confession? |
38 |
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• |
Distinction
between recording of statements of accused and of witnesses |
39 |
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• |
Search
by police officer |
39 |
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• |
Conditions
imposed under this section |
40 |
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• |
Whether
search ultra vires the Constitution? |
41 |
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¨ |
Case
laws |
41 |
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• |
Shyam
Lal Case |
41 |
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• |
Observations
of the Supreme Court |
42 |
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• |
Decision |
42 |
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• |
Nazir
Ahmed Case |
43 |
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• |
Decision
by the Privy Council |
43 |
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• |
Tehsildar
Singh Case |
44 |
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• |
Contentions
of the parties |
44 |
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• |
Decision |
45 |
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Abhinandan
Jha Case |
45 |
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• |
Issue |
46 |
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• |
Decision
by the Supreme Court |
46 |
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• |
Madhu
Bala Case |
46 |
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• |
Decision
of the Supreme Court |
47 |
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CHAPTER
4
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Complaints
to Magistrates |
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• |
‘Complaint’:
Meaning of |
48 |
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• |
Essential
ingredients of complaints |
48 |
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¨ |
Examination
of complaint |
49 |
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• |
Purpose
of examination |
49 |
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• |
“Magistrate
taking cognizance”: Meaning of |
49 |
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Q |
What
is the meaning of the expression “Magistrate taking cognizance”? |
49 |
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• |
Meaning
of word ‘may’ in the expression ‘may take cognizance’ |
50 |
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• |
Complainant:
meaning of |
50 |
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• |
Period
of limitation in filing a complaint |
50 |
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¨ |
Competency
of Magistrate |
50 |
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• |
What
should a Magistrate do when he is not competent? |
51 |
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¨ |
Postponement
of issue of process |
51 |
|
Q |
When
can a Magistrate postpone the issue of process against the accused? |
51 |
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• |
What
Magistrate cannot do under this section |
52 |
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• |
Distinction
between ‘investigation’ under sections 156(3) and 202 |
52 |
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• |
Issue
of process: Scope |
52 |
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• |
Who
may make an ‘investigation’? |
53 |
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• |
Term
“sufficient grounds”: meaning of |
53 |
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¨ |
Dismissal
of Complaint |
53 |
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• |
Section
203: Scope of |
53 |
|
Q |
Discuss
the scope of section 203 of Cr PC? |
53 |
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• |
Magistrate
must comply with sections 200 and 202 |
54 |
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• |
No
application of section 203 after issuance of process |
54 |
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• |
Grounds
of dismissal |
54 |
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Q |
Name
the factors which a Magistrate shall take into consideration while
discussing the complaint. |
55 |
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• |
Can
fresh complaint can be entertained after dismissal? |
55 |
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CHAPTER
5
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Charge
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Q |
What
is the importance of ‘charge’ in a criminal trial? |
56 |
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¨ |
Trial
for more than one offence |
60 |
|
Q |
How
the court has to proceed for the trial for more than one offence? |
60 |
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• |
Applicability
of section 220 |
60 |
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• |
When
nature of offence is doubtful |
60 |
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• |
What
persons may be charged jointly |
61 |
|
Q |
Discuss
the set of persons who may be charged jointly? |
61 |
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• |
Withdrawal
of certain charges |
62 |
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• |
The Court will not appreciate evidence at the time of framing charge |
62 |
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CHAPTER
6
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Trial
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Q |
What
do you mean by word ‘trial’ within the meaning of the Code? |
63 |
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¨ |
Kinds
of trial |
64 |
|
Q |
Discuss
the various kinds of trial? |
64 |
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• |
Summary
trials |
64 |
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• |
Regular
trial |
64 |
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• |
Trial
in-Camera |
64 |
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¨ |
Conduct
of trial |
65 |
|
Q |
How
a criminal trial has to be conducted? |
65 |
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• |
Opportunity
to defend |
65 |
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¨ |
Separation
of Executive and Judiciary |
65 |
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¨ |
Provision
for legal Aid (Sections 303 and 304 Cr PC Articles 21 and 39A of the
Constitution) |
66
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|
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
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• |
Role
of judges |
66 |
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• |
Place
of trial |
67 |
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• |
Supply
of all relevant documents to the accused |
67 |
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• |
Joinder
of charges |
67 |
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• |
Proceedings
in the presence of accused |
67 |
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• |
Right
to Cross-examine the witnesses |
68 |
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• |
Benefit
of doubt |
68 |
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• |
Speedy
trial |
68 |
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• |
Rule
against ‘Double jeopardy’ |
68 |
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¨ |
Trial
of Summons and Warrant Cases |
68 |
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• |
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
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• |
B.
Cases instituted otherwise than on Police Report |
70 |
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¨ |
Trial
of Summons cases by magistrate |
72 |
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CHAPTER
7
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Bail
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|
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
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• |
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 |
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• |
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
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• |
Cancellation
of Bail |
83 |
|
Q |
Can
a bail once granted be cancelled? |
83 |
|
• |
Distinction
between rejection and cancellation of bail |
84 |
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• |
Principle
of res-judicata vis-a-vis successive bail applications |
85 |
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¨ |
Anticipatory
Bail |
85 |
|
Q |
What
considerations or conditions are weighed by the courts while granting or
refusing bail in an anticipatory bail case? |
85
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|
Q |
“Anticipatory
bail, being an extraordinary remedy, must be allowed only in
extraordinary situations”. Comment. |
85
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|
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
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|
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
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(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
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(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
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|
• |
Whether
Court can pass an interim order during pendency of application under
section 438 Cr PC? |
89
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|
• |
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
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|
¨ |
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 |
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CHAPTER
8
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|
Compounding
of Offences
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|
Q |
What
do you mean by expression ‘compounding of offences’? |
104 |
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CHAPTER
9
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Quashing
of FIR and proceedings
|
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|
Q |
“Inherent
jurisdiction of the High Court under section 482 Cr PC has to be
exercised sparingly, carefully and with caution”. Comment. |
111
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|
• |
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 |
|
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CHAPTER
10
|
|
|
|
Problems
and Solutions on Criminal
Procedure Code
|
117
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|
•
|
Table
of Cases
|
123 |
|
• |
Section
Index
|
129
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