CRIMINAL PROCEDURE

 

THE CODE OF CRIMINAL PROCEDURE, 1973

Introduction

• This document allows one to decode the BARE ACTS for better understanding.

Disclaimer

• This document is for educational purposes only and not for any other purpose except for understanding of the BARE ACTS.
• Names and examples used are for educational purposes only.
• There may be spelling mistakes and proofreading has not been done.
• This document is an extension of rough notes taken in class.
• The document is not intended to be a comprehensive guide and should not be relied upon as the sole source of information.
• The document is not a substitute for professional advice or expert analysis and should not be used as such.
• The document does not constitute an endorsement or recommendation of any particular technology, product, or service.
• The reader assumes all responsibility for their use of the information contained in this document and any consequences that may arise.
• The author disclaim any liability for any damages or losses that may result from the use of this document or the information contained therein.
• The author and publisher reserve the right to update or change the information contained in this document at any time without prior notice.

Acknowledgments

• Respective BARE ACTS were used as references in preparing this document.
• Thanks to the professor for sharing knowledge and references used in this document.

THE CODE OF CRIMINAL PROCEDURE, 1973

CHAPTER I :PRELIMINARY

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS = who can give what type of judgements 

E.g if there is a murder, all the basic enquire is done by 

CHAPTER IV

A.–POWERS OF SUPERIOR OFFICERS OF POLICE

B.–AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V

ARREST OF PERSONS

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.–Summons to produce

CHAPTER VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER IX

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CRPC 2. Definitions.—

(a) “bailable offence” 

means an offence which is shown as bailable in the First Schedule, or

which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;

E.g which is made bailable by any other law for the time being in force : like COVID19, this is not in schedule 1 but to look at COVID19 Act.

(b) “charge” 

includes any head of charge when the charge contains more heads than one;

E.g under how many sections charge is booked. 

(c) “cognizable offence” 

means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

E.g : when a person commits a murder and a police person is present near by and looks at this incident, can arrest the person without warrant. 

(L) “non-cognizable offence” [NCO]

means an offence for which, and “non-cognizable case” means a

case in which, a police officer has no authority to arrest without warrant;

(N)Offence means : 

broken the law or government has asked not to do that act. 

(d) “complaint” 

means any allegation made orally or in writing to a Magistrate, with a view to his

taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

 Allegation = accusing or blaming the other person

Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;

Complainant =  the person who makes the complaint. 

Legal Terms : Filing a case.

Registering the FIR = register kept for entry 

Making the complaint.

(g) “inquiry” 

means every inquiry, other than a trial, conducted under this Code by a Magistrate

or Court;

E.g “inquiry” can only be done by Magistrate or Court

Inquiry is before the Trial. 

Police asking an accused is interrogation 

(h) “investigation” 

includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;

E.g only police officer 

(i) “judicial proceeding” 

includes any proceeding in the course of which evidence is or may be

legally taken on oath;

(k) “metropolitan area” 

means the area declared, or deemed to be declared, under section 8, to be

a metropolitan area;

CRPC 8. Metropolitan areas

(1) The State Government may, by notification, declare that, as from such

date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

(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 Cattletrespass

Act, 1871 (1 of 1871);

E.g IN IPC only act is alone there

(o) “officer” 

in charge of a police station” includes, when the officer in charge of the police station

is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;

(q) “pleader” 

when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;

(r) “police report” 

means a report forwarded by a police officer to a Magistrate under sub-section (2) of section173;

CRPC 173. Report of police officer on completion of investigation.—

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

E.g when the police officer is delaying, then magistrate can appoint 

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate

empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State

Government, stating—

(w) “summons-case” 

means a case relating to an offence, and not being a warrant-case; 

(x) “warrant-case” 

means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(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 and the expression "victim" includes his or

her guardian or legal heir.

E.g when the husband beats the wife everyday, only her parents or herself = only the interested parties. 

Once the offence is committed CRPC comes to force. 

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CRPC 6. Classes of Criminal Courts.—

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Judicial Magistrates =  working Judge

Executive Magistrates= not working as Judge

Court = where the person, plays judicial proceedings or pronounces Judgements 

Second class magistrate court 

 = 730Am to 930 AM = only retired judges = lowest rank of Judge.= works 3 days a week. 

First class Magid = Junior civil judge

Next Senior civil judge

APEX court is Supreme Court

Police complaint and Private complaint 

Private complaint = from magistrate. 

Police complaint = registered FIR. 

Sub inspector of police is the lowest Police officer ranks 

CHAPTER III

POWER OF COURTS

CRPC 26. Courts by which offences are triable.—

Subject to the other provisions of this Code,—

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other Court by which such offence is shown in the First Schedule to be triable:

1[Provided that any 2[offence under section 376, section 376A, section 376B, section 376C,

section 376D or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as

practicable by a Court presided over by a woman.]

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such

law, be tried by such Court and when no Court is so mentioned, may be tried by—

(i) the High Court, or

(ii) any other Court by which such offence is shown in the First Schedule to be triable:

District court is called the Sessions court.

CRPC 27. Jurisdiction in the case of juveniles.—

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in

force providing for the treatment, training and rehabilitation of youthful offenders.

CRPC 28. Sentences which High Courts and Sessions Judges may pass.—

(1) A High Court 

may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge 

may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass 

any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

E.g any fine can be imposed

CRPC 29. Sentences which Magistrates may pass.—

(1) The Court of a Chief Judicial Magistrate may [CJM] = [CMM]

pass any sentence authorised by law except a sentence of death or of imprisonment for life or of

imprisonment for a term exceeding seven years.

E.g any fine can be imposed

(2) The Court of a Magistrate of the first class may 

pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.

(3) The Court of Magistrate of the second class may 

pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.

(4) The Court of a Chief Metropolitan Magistrate shall [CMM] = [CJM]

have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

In IPC the punishment they have provided may extend to 3 three years and in CRPC sec 28 it is provided as not exceeding three years provides the traceability.

Fine limit is only for First class and Second class Magistrate. 

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14 Aug  

Daily One Legal Word : 

Audi alteram partem 

– No man shall be condemned unheard.

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

"Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or his lawyers to confront the witnesses against him, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.

Daily One Advocacy Rule : 

One Single Lie in your argument, if proved by opposition; then benefit of doubts will support the opposite party to win the case.

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Legal terminologies 

Imposing the Punishment 

Pronouncing the judgement

Sentence of imprisonment 

Court difference: Lower court & higher court 

If a first class Magistrate wants to give more than 3 years, then it will forward to higher court.

Judges[Sessions court] = Civil cases in general 

Magistrate = criminal cases

Lower court judges = First class and Second class Judges, 

First class Magistrate will be called as Junior Civil Judge, 

Second class Magistrate is called the same name Second class Magistrate

CRPC 30. Sentence of imprisonment in default of fine.—

(1) The Court of a Magistrate may award such

term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of

imprisonment for the maximum term awardable by the Magistrate under section 29.

E.g when default of fine there will be parallel punishments  like 10 yrs will include 5 yrs and 3 yrs, so total 10 yrs 

CHAPTER V

ARREST OF PERSONS

CRPC  41. When police may arrest without warrant.—

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

E.g Any Civilian can stop the person who is committing murder. 

46. Arrest how made.—

(1) In making an arrest 

the police officer or other person making the same 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:

 

E.g Police can shoot the person who tries to run away under/below Knees. 

(2) If such person 

forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section 

gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

E.g when the person has committed murder and police is chasing the murder, as he is escaping then police can shoot him anywhere on the body 

(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

CRPC  41. When police may arrest without warrant.—

(1) Any police officer 

may without an order from a Magistrate and without a warrant, arrest any person—

E.g Any Civilian can stop the person who is committing murder. 

E.g Warrant = asking permission from the magistrate.

E.g Order = Magistrate will give order to arrest.

1 (a) who commits,

in the presence of a police officer, a cognizable offence;

(b) 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 for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

E.g  a complaint or reason to believe 

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making 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 the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured,

and the police officer shall record while making such arrest, his reasons in writing:

2. Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

(ba) against whom credible information 

has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;

Difference b/w B & BA; 

B there are three things- reasonable suspicion exists

BA there is only one- credible information & punishable with death

(c) who has been proclaimed 

as an offender either under this Code or by order of the State Government;

E,g when veerappan is found in a bus stand, can be arrested without warrant.

(d) in whose possession anything 

is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

(e) who obstructs a police officer 

while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

E.g This is the most misused by police officers. When argument is done with Police, obstruction of doing duty 

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; 

E.g the deserted person of the army may carry secrets.

(g) who has been concerned in,

or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India;

(h) who, being a released convict, 

commits a breach of any rule made under sub-section (5) of section 356;

CRPC 356. Order for notifying address of previously convicted offender.—

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.

(i) for whose arrest any requisition, 

whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

356. Order for notifying address of previously convicted offender.—

(2) Subject to the provisions of section 42, 

no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

CRPC 42. Arrest on refusal to give name and residence

E.g this is the another most misused section by police officers- like not giving name. 

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15 Aug  

Daily One Legal Word : 

Bona fide – In good faith

it signifies honesty, the "real thing" and, in the case of a party claiming title as "bona fide" purchaser or holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title.

Daily One Advocacy Rule : 

Compromise is the best and cheapest lawyer

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17 Aug  

Daily One Legal Word : 

 Bona vacantia

- Goods without an owner or “vacant goods”

It is a legal term for the situation in which property is left without any clear owner. The precise handling of such property varies depending on the jurisdiction. In most cases, the property is held by the government, and may be recovered by rightful owners or heirs.

Daily One Advocacy Rule : 

An Advocate must imagine himself to be in the situation of his client, to find the best solution.

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CRPC 41A. Notice of appearance before police officer.—

(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section 

(1) of section 41, issue a notice directing the 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, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, 

it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice,

he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

(4) Where such person, at any time, fails to comply with the terms of the notice 

or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

E.g Why the person is not arrested, the person who is not appearing after the notice and has to take orders for a CO- cognizable offence. Because the suitations/ fall doesn't appear in sec 41.

 How to identify SI and constable :- Based on the starts/ belt/ cap/ shoulder reel 

CRPC 41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making an arrest shall—

(a) bear an accurate, visible and clear identification of his name which will facilitate easy

Identification;

E.g  How to identify SI and constable :- Based on the starts/ belt/ cap/ shoulder reel 

(b) prepare a memorandum of arrest which shall be—

(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

E.g. neighbour signs are taken

(ii) countersigned by the person arrested;

E.g sign of the arrested person.

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

CRPC 41C. Control room at districts.—

(1) The State Government shall establish a police control room—

(a) in every district; and

(b) at State level.

(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.

(3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.

CRPC 41D. Right of arrested person to meet an advocate of his choice during interrogation.—

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

CRPC 42. Arrest on refusal to give name and residence.— “non-cognizable offence refuses”

(1) When any person who, 

in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence 

of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.

(3) Should the true name and residence 

of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

E.g when a person is normally going on the road and a police officer is stopping the name and address. Then the person doesn't have to say. Only when a complaint is made or a NOC is done before him then only he can be arrested. 

The police officer has to first say the complaint name and person. 

CRPC 43. Arrest by private person and procedure on such arrest.—

(1) Any private person may arrest or

cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station

E.g a common person can arrest - when someone is doing murder and escaping. Can capture and produce before the police station.

(2) If there is reason to believe 

that such person comes under the provisions of section 41, a police officer shall re-arrest him.

E.g now the police will follow the procedure to arrest that person brought into the police station. 

(3) If there is reason to believe 

that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

CRPC 44. Arrest by Magistrate

1) When any offence is committed in the presence of a Magistrate, 

Whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

E.g : here there is no mention of NCO or CO  offences. 

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

CRPC 45. Protection of members of the Armed Forces from arrest

purported to be done by him in the discharge of his official duties

Should take consent of the Central Government

CRPC 47. Search of place entered by person sought to be arrested

First have to get permission from the owner

Police can break any door in search

CRPC 48. Pursuit of offenders into other jurisdictions.—

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

E.g : when a CO is committed then a police officer can arrest that person anywhere in india

CRPC 49. No unnecessary restraint.—

shall not be subjected to more restraint

CRPC 50. Person arrested to be informed of grounds of arrest and of right to bail.—

1) Every police officer

or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police officer 

arrests without warrant any person other than a person accused of a non-bailable offence, 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.

CRPC 50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.

CRPC 51. Search of arrested person.

CRPC 52. Power to seize offensive weapons.

E.g seize = taken into custody by the police officer 

CRPC 53. Examination of accused by medical practitioner at the request of police officer

CRPC 53A. Examination of person accused of rape by medical practitioner

CRPC 54. Examination of arrested person by medical officer

(3) Where an examination is made 

under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

CRPC 54A. Identification of person arrested.—

Must be done with court order.

E.g police may want to verify that the person arrested is the right person. 

CRPC 55A. Health and safety of arrested person.—

It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.

CRPC 56. Person arrested to be taken before Magistrate or officer in charge of police station-

A Police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

CRPC 57. Person arrested not to be detained more than twenty-four hours.—

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

Detained MEANS 

CRPC 167 : Procedure when investigation cannot be completed in twenty-four hours

If the police officer believes within 24 hrs investigation cannot be completed, not more than 15 days.

CRPC 58. Police to report apprehensions.—

Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without

warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

CRPC 59. Discharge of person apprehended.—

No person who has been arrested by a police officer shall be discharged except on 

his own bond, or 

on bail, or 

under the special order of a Magistrate.

CRPC 60. Power, on escape, to pursue and retake.—

1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person

making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

E.g may immediately pursue and arrest him in any place in India.

CRPC 60A. Arrest to be made strictly according to the Code.—

No arrest shall be made except in accordance with the provisions of this Code or any other law 

for the time being in force providing for arrest

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18 Aug  

Daily One Legal Word : 

Boni judicis est ampliare jurisdictionem 

– It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority. This maxim states that it is the duty of the judge to enlarge its jurisdiction. It denotes that a good judge's duty is to develop the remedies of the law.

Daily One Advocacy Rule :

Everything which appears to be true, may not be true.

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CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

CRPC 61. Form of summons

summons.—Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court...

..and shall bear the seal of the Court

CRPC 62. Summons how served

shall be served by a police officer,

by an officer of the Court

CRPC 64. Service when persons summoned cannot be found.—

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation.—A servant is not a member of the family within the meaning of this section

CRPC 65. Procedure when service cannot be effected as before provided.—

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

E.g conspicuous part of the house = most important part of the house = like Gate

E.g why summon is affixed on the wall, so that the neighbours or someone will inform about the summons.

CRPC 66. Service on Government servant.— IPC sec 14

(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

CRPC 69. Service of summons on witness by post.—

(1) Notwithstanding anything contained in the preceding

sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or 

an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

Legal terminology / terms 

E.g Notwithstanding = means “in spite-off” from sec 61 to 68.

Summons will be served for less serious matters. Serving summons

Warrant is issued to arrest the person. Executing warrant 

B.—Warrant of arrest

CRPC 70. Form of warrant of arrest and duration.—

(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

E.g Warrant = there is no copy issued. The original doc is given.

CRPC 71. Power to direct security to be taken.—

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

E.g may in its discretion = optional

E.g endorsement on the warrant  = signature 

E.g and Shall = means must 

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

(c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

CRPC 74. Warrant directed to police officer.—

A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

CRPC 75. Notification of substance of warrant

Legal terms / terminology 

Notification = making to know other person

C.—Proclamation and attachment

CRPC 82. Proclamation for person absconding.

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

CRPC 83. Attachment of property of person absconding.

CRPC 84. Claims and objections to attachment.

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment,

CRPC 85. Release, sale and restoration of attached property

CRPC 86. Appeal from order rejecting application for restoration of attached property

Appeal is done in higher court.

Flow 82 - 83 - 84 - 85 & 86

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

E.g Investigation is part of Interrogation

1) Whenever any person is arrested and detained in custody, 

and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may, 

whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that—

a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence,

and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter. 

 

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

CRPC 91. Summons to produce document or other thing.—

(1) Whenever any Court or any officer in

charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

B.—Search-warrants

CRPC 93. When search-warrant may be issued.—

(1) (a) Where any Court has reason to believe that a

person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or

(b) where such document or thing is not known to the Court to be in the possession of any person, or 

(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

E.g the person to whom such warrant is directed = like CBI, vigilance

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

District Magistrate = collector

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19 Aug  

Inquiry means everything before Trial

In cases of CO - cognizable offence only, police can enter into any place to search and must be recorded.

CRPC 93 is only related to “document” or “thing” only. 

C.—General provisions relating to searches

CRPC 100. Persons in charge of closed place to allow search.

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

Sec 100 is for the documents or thing.

D.—Miscellaneous

CRPC 102. Power of police officer to seize certain property.—

(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.

E.g CRPC is also under search of documents and things 

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

E.g when a lower officer goes for seizures has to report to higher officers.

(3) Every police officer acting under sub-section

(1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, 

2[or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation,] he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same

CRPC 103. Magistrate may direct search in his presence.—

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

CRPC 104. Power to impound document, etc., produced.—

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

E.g court will take into its custody 

CRPC CHAPTER VIII

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CRPC 106. Security for keeping the peace on conviction.—

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the

time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.

Legal terms

Conviction means = guilty and punishing 

Discharge = there is no grounds to continue the TRAIL[no case at all ]

Acquittal = there is no proper evidence to prove. Hence released. 

Executive Magistrate not working inside the court

Sub divisional magistrate = RTO 

Divisional Magistrate = Collector 

Judicial Magistrate = working in court- judges

CHAPTER IX- CRPC

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CRPC 125. Order for maintenance of wives, children and parents.—

(1) 

If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or 

E.g Minor child (male/Female)

Legal terms / terminology 

E.g Minor = 17 yrs + 364 days

Major = 18 yrs = 17 yrs + 365 days

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

E.g Here Major Child & unmarried Daughter, 

 

(d) his father or mother, unable to maintain himself or herself,

E.g = both son & daughter [If any person having sufficient means--]

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Magistrate of the first class= Junior civil judge. 

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

E.g minor girl + married girl- his husband is unemployed - till the girl attains major.

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct

E.g when the case is going on an interim maintenance must be given, the amount is decided by the magistrate. 

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

E.g the court expenses are also paid by the opposite party. 

Explanation.—For the purposes of this Chapter,—

(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

E.g unable to maintain means = she doesn't have a job  but Their parents or siblings are taking care. 

If the wife has an illegal affair and is getting money then she can't get maintenance. 

(2) 

Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

E.g from the date of application the maintenance is calculated or date of order

(3) 

If any person so ordered 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 such person, for the whole or any part of each month’s 4[allowance for the 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:

E.g breach of order, maximum 1 month term or until payment. After one month whatever has to be released

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

E.g : when the maintenance is not paid. So within the period of One year an application in the court to recover the amount then only a warrant will be issued.

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

E.g any grounds of refusal stated by her= like he is harassing her and the court believes it and orders maintenance.  

E.g only on two grounds it is exempted = with another woman or keeps a mistress

(4) 

No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) 

On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the magistrate shall cancel the order.

E.g after the wife is given a maintenance order, then after a few months proves that the ex-wife is living in adultery then the order is canceled.

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20 Aug  

Daily One Legal Word : 

Caveat 

– A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.

- A notice, especially in a probate, that certain actions may not be taken without informing the person who gave the notice.

Daily One Advocacy Rule: 

The Advocate shall never give False hope to the Client.

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Legal terms/ terminology 

ROSTER: 

A roster is a list which gives details of the order in which different people have to do a particular job.

Cause list and lunch motions

Law means Commonsense

CRPC 126. Procedure.—

(1) Proceedings under section 125 may be taken against any person in any district—

(a) where he is, or

(b) where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

E.g 126 says where you can file the maintenance case. [ Junior Civil Judge or First class Magistrate]

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, 

when his personal attendance is dispensed with, in the presence

of his pleader, and shall be recorded in the manner prescribed for summons-cases:

Warrant cases = punishable with death & more than years

Summon cases = punishable with less than two years

his pleader= appointed by the husband.

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service,--

--wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and--

E.g the case ex parte = dismissing the other party and proceeding with only one party.

--any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

E.g if the person comes back within 3 months of the order and with good cause, the “ex parte” will be cancelled. And costs of the opposite party to be paid.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

E.g order as to costs = must have power to decide the cost of maintenance is mentioned in CPC. 

CRPC Important sections of CRPC

2 - a, b, c, d, g, h, k, l, n, r, w, wa & x

26,27,28,29,30,31

39, 40

41, 41A, 41B, 41C & 41D; 41 to 54A , 57 [Remand 167]

82, 83, 84, 85

100, 102, 103, 104

106, 107, 108, 109, 110

125, 126, 127, 128

133, 144A

153

154 to 176 [chapter 12]

188

190, 191, 192, 193 & complete chapter 14 read once advisable.

200, 201, 202, 203

205, 206, 209

211, 216, 217, 218, 221, 222, 223, 224

227, 232

238

248

256 & complete chapter 20 read once advisable.

260, 261, 262, 263, 264, 265

265A, 265B & complete chapter 21A read once advisable.

267

272, 273, 274, 275, 276, 281

294, 298, 299

300[double jeopardy], 304, 306, 313, 315, 320, 321, 323

340

353, 354, 355, 357, 357A, 358, 362

372, 374 to 378, 386

395, 396

428, 432, 433

436, 436A, 437, 437A, 438, 439[anticipatory bail]

451, 452, 456 to 459

460, 461, 462, 463

468, 469, 472, 473 & complete chapter 36 read once advisable.

474, 479, 480, 482.

CRPC 480. Practising pleader not to sit as Magistrate in certain Courts.—

No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

E.g A advocate who is practising gets selected as Magistrate, will not be posted as magistrate in that court or any other court comes 

CRPC 482. Saving of inherent powers of High Court.—

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

E.g : Special powers are giving to high courts, so nothing

E.g to prevent abuse of the process of any Court = means - court time is being wasted and high court finds the abuse it can be closed under powers

CRPC 127. Alteration in allowance.—

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.

E.g On proof of a change in the circumstances of any person= means  when there is change in the situation of the person receiving maintenance or giving. 

E.g woman who has been divorced by husband 

Has obtained a divorce from husband

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,—

E.g whenever you get a lump sum amount (one time settlement) is received, the monthly allowance will be cancelled. 

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 125, 

the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.

E.g : she received an order for maintenance from first class court under sec CRPC125. She has now  filed another case in civil court for recovery of dowry/ one time settlement - court has to take into account the previous received amount and minus the previous received amount. 

CRPC 128. Enforcement of order of maintenance.—

A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to 4[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.

E.g free copy of order must be given to the wife/ parent [no fee has to be collected]. 

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21 Aug  

Daily One Legal Word : 

Caveat actor 

– Let the doer beware.

Caveat actor means ‘let the doer be on guard.’ This is a common law maxim. Caveat actor is used as a warning that the doer of an action should be beware of his/her act. The burden of the action would be on the doer of the act. The person will have to bear the consequence of the act if not otherwise provided in any agreement.

Daily One Advocacy Rule : 

When There Is a Weak Point in Your Case, Don’t Pretend that It Isn’t a Weak Point Admit it, and show the factfinder how you still ought to succeed despite that weakness.

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22 Aug  

Daily One Legal Word : 

Caveat emptor 

– Let the buyer beware

It is a principle that the Buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.

"caveat emptor still applies when you are buying your house"

Daily One Advocacy Rule : 

To learn Law of Practice, You have to Spend the Quality time with Retired Judges and Advocates

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24 Aug  

Daily One Legal Word : 

Certiorari 

- A writ or order by which a higher court reviews a case tried in a lower court.

– Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority.

Daily One Advocacy Rule : 

Confidentiality is a cornerstone of independent advocacy. It establishes a relationship of trust that enables people to tell their stories and explore the options available to them.

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CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

CRPC 129. Dispersal of assembly by use of civil force.

(1) Any Executive Magistrate or officer in charge of a

police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

Legal Terms 

Pronouncing the law is done by Judge

Executive Magistrate 

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the

E.g when the crowd does not disperse, then force can be used

assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

CRPC 130. Use of armed forces to disperse assembly.—

(1) If any such assembly cannot be otherwise dispersed, and

if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who

is present may cause it to be dispersed by the armed forces.

CRPC 144A : Power to prohibit carrying in procession or mass drill or mass training with arms.

E.g RSS training taking place in their own places is allowed, but not allowed in public places.

CRPC 153. Inspection of weights and measures.—

(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

CHAPTER XII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CRPC 154. Information in cognizable cases.—

(1) Every information relating to the commission of a cognizable

offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:

E.g Police Diary: every day what happens in the police station has to be recorded.

Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that

1. in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

E.g why they have not been renamed as FIR? This is another problem with LAW. 

CRPC 155. Information as to non-cognizable cases and investigation of such cases.—

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

E.g : making a note in the personal book and have to go to the magistrate. 

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such an order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

E.g same way the investigation of CO can be done, but cannot arrest without warrant. 

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

E.g there are 3 types of offences included - 1st NCO, 2nd NCO & 3rd OC. Now this will be called as CO [Cognizable offence]

CRPC 156. Police officer’s power to investigate cognizable case.—

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such an officer was not empowered under this section to investigate.

E.g when investigation is done outside the limits, still the report has value and cannot be rejected. 

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

CRPC 190. Cognizance of offences by Magistrates.—

(1) Subject to the provisions of this Chapter, any Magistrate of

the first class, and any Magistrate of the second class specially empowered

CRPC 157. Procedure for investigation.—

(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report---

E.g Law is giving permission to do investigation and forward to magistrate

-- and shall proceed in person, or shall depute one of his subordinate officers not being

below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:

E.g Discovery - collect evidences 

(a) 

when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

E.g : don't have to send any person to investigate. 

(b) 

if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

E.g : there are no other powers other than investigation.  They cannot do any medication or settlements. if found  they can be dismissed by the court. 

Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

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

(1) Any police officer making an investigation

under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

E.g acquainted means just knowing a person but not a friend.

E.g they must do the investigation : calling them to appear before them. 

E.g such a person shall attend as so required = means shall - must attend the police station. 

Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

E.g here when the police officer calls the witness to the station, has to pay the expenses. 

CRPC 161. Examination of witnesses by police

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

E.g some questions asked you may think that if you answer and you will get caught then dont answer.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

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

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise,

or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

E.g  witness is telling them and the police officer is writing and the officer is asking to sign that writing then you must not sign it. 

E.g the same cannot be used a evidence 

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also

be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

E.g when a witness contradicts while called by court, then the said written statement will be used that you have said before and now you are denying. 

This is called as witness as Hostile

E.g Court will never believe that  police are doing wrong. Now the advocate has to prove that he is doing wrong or lying or making a false statement. 

CRPC 163. No inducement to be offered.—

(1) No police officer or other person in authority shall offer or make, or

cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1872).

E.g guideline is given to police officer you cannot say you will get 10lakhs or threatening  To any person (witness or acquits)

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164

E.g no police office cannot say you will get 10lakhs or threatening 

CRPC 164. Recording of confessions and statements.—

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:

Legal Terms 

Confessions = means accepting or agreeing the crime

Statements = by any other persons than the acquits. 

Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

E.g Police duty is to only find the evidence and not make him agree, the acquit person.

(3) 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.

E.g now the magistrate will send him to Judicial custody 

(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—

“”

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A. B.

Magistrate.”  “”

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.

(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

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27 Aug  

Daily One Legal Word : 

De facto – in fact

De jure – by law

De facto is Latin for "of fact," meaning "in reality," and it's usually contrasted with "de jure," which means "of law," or "officially."

Examples:

1) If you're the de facto mayor of your town, you're acting as mayor, even though you weren't legally elected.

2)English is de facto the common language of much of the world today.

In law and government, de facto describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure, which refers to things that happen according to law.

De facto means a state of affairs that is true in fact, but that is not officially sanctioned. In contrast, de jure means a state of affairs that is in accordance with law (i.e. that is officially sanctioned). For example, the general who sits at the head of the military is the de facto ruler of the nation.”

Daily One Advocacy Rule :

An Advocate must attend (or know the content of) every bar meeting of advocates and every public meeting in his city.

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CRPC 164A. Medical examination of the victim of rape.—

(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

E.g  after 4 months coming to report the rape crime?

E.g when both are in relationship & boy finds her 

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—

CRPC 320. Compounding of offences.—

(1) The offences punishable under the sections of the Indian Penal

Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons

mentioned in the third column of that Table:—

Compounding  = offence to be compromised. 

E.g if the Girl is filing the RAPE case and then after settelment reached by the girl. But now the girl wants to withdraw the cases.  This is not possible to withdraw since not in the compound list. 

Rape case or murder case : crime took place in the state, duty of goverment. Government has failed security to lifes of “rape case or Murder Case Victims”, now goverment takes the responsibility to punish the 

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30 Aug  

Daily One Legal Word : 

De minimis – about minimal things

De Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or law ignores insignificant details.

This is a common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

Daily One Advocacy Rule : 

An Advocate must be able to prove with his argument that a black Crow is White in colour.

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Legal Terms

A Handbook for Judicial Service Examinations (Civil & Criminal)  (English, Dr Mohammed Zaheeruddin)

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CRPC 165. Search by police officer

(1) Whenever an officer in charge of a police station or a police officer making

an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation

into any offence which he is authorised to investigate may be found in any place within the limits of the police

station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise

obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in

such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for

such thing in any place within the limits of such station.

E.g with in police limits

E.g must write in record for what offence and what he is searching 

E.g every activity and action of police officer must be recorded in diary

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

(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below

the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

E.g forthwith: immediately

CRPC 169. Release of accused when evidence deficient.—

If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

CRPC 170. Cases to be sent to Magistrate, when evidence is sufficient.—

(1) If, upon an investigation under this

Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.

E.g arrest of police is to produce before you before Magistrate - who empowered to take cognizance of the offence

CRPC 172. Diary of proceedings in investigation.—

(1) Every police officer making an investigation under this

Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the

information reached him, the time at which he began and closed his investigation, the place or places visited by him,

and a statement of the circumstances ascertained through his investigation.

E.g Case Diary is about sec CRPC 172. 

E.g 

CRPC 173. Report of police officer on completion of investigation.—

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(1A) The investigation in relation to rape  may be completed within two months from the date on which the information was recorded by the officer in charge of the police station.

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating—

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under section 170.

E.g In cases of Rape within 2 months to submit report 

CRPC 174. Police to enquire and report on suicide, etc.—

(1) When the officer in charge of a police station or some

other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.

E.g Executive Magistrate means MRO Mandal Revenue officer 

E.g Executive Magistrate empowered to hold inquests = hold investigation.

CHAPTER XXI

SUMMARY TRIALS

CRPC 260. Power to try summarily.—

(1) Notwithstanding anything contained in this Code—

(a) any Chief Judicial Magistrate;

(b) any Metropolitan Magistrate;

(c) any Magistrate of the first class specially empowered in this behalf by the High Court,

may, if he thinks fit, try in a summary way all or any of the following offences:—

E.g Summary means speedy way 

Legal terms

Less than two years means Summon cases  and more than 2 years means Warrant cases. 

(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where thevvalue of the property stolen does not exceed 1[two thousand rupees];

(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), wherethe value of the property does not exceed 1[two thousand rupees];

(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code(45 of 1860), where the value of such property does not exceed 1[two thousand rupees];

(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);

(vi) insult with intent to provoke a breach of the peace, under section 504, and 2[criminal intimidation

punishable with imprisionment for a term which may extend to two years, or with fine, or with both], under

section 506 of the Indian Penal Code (45 of 1860);

(vii) abetment of any of the foregoing offences;

E.g foregoing = mention in above law

(vi) insult with intent to provoke a breach of the peace, under section 504, and 2[criminal intimidation punishable with imprisionment for a term which may extend to two years, or with fine, or with both], under section 506 of the Indian Penal Code (45 of 1860);

(vii) abetment of any of the foregoing offences;

(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).

(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Code.

E.g if magistrate believes that this 

CRPC 261. Summary trial by Magistrate of the second class.—

The High Court may confer on any Magistrate

invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any

abetment of or attempt to commit any such offence.

262. Procedure for summary trials.—

(1) In trials under this Chapter, the procedure specified in this Code for

the trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

Legal Terms 

Trial from the day of FIR till the Judgement is called Trial 

CRPC 263. Record in summary trials.—

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:—

264. Judgment in cases tried summarily.—

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

E.g explain in a brief statement :- write in short notes. 

265. Language of record and judgment.—

(1) Every such record and judgment shall be written in the language of the Court.

E.g language of the Court. : The paper work done by the court means along with English must be with tamil.

CHAPTER XXIA

PLEA BARGAINING

CRPC 265A. Application of the Chapter.—

(1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

E.g punishable upto 7 years only can pled & report is forwarded in police officer

2. after examining complainant and witnesses under section 200, issued the process under section 204,

E.g Complaint given to magistrate and punishable upto 7 years only can pled, 

does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.

Legal terms

Plea Bargaining = Means accepting guilt and bargaining for lesser punishments 

CRPC 265B. Application for plea bargaining.—

(1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.

Home work : 265B 

CHAPTER XXIII

EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

CRPC 272. Language of Courts.—

The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.

CRPC 273. Evidence to be taken in presence of accused.—

Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader:

Legal Terms

E.g presence of his pleader = means his advocate

CRPC 299. Record of evidence in absence of accused.—

(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try , or commit for trial such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CRPC 300. Person once convicted or acquitted not to be tried for same offence.—

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof

E.g no person will be tried again with the same facts.

Legal terms

Calendar case number : CC number

(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.

E.g when the court failed to find the other crime committed during the trial & convicted.  Now after the conviction it has found the new crime. Then this found crime will be tried again. 

(4) A person acquitted or  convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

Notwithstanding = means 

E.g first class has tried and given 3 years, in the following found to have done forgery or serious offence which is not in power of the first class magistrate. Then the competent court will trial once again. 

CRPC 304. Legal aid to accused at State expense in certain cases.—

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.

E.g doesn't have any money to find an advocate. 

Legal Terms

Until guilt is proved the acquit - accused is innocent.

CRPC 313. Power to examine the accused.—

(1) In every inquiry or trial, for the purpose of enabling the accused

personally to explain any circumstances appearing in the evidence against him, the Court—

E.g court will ask the accused to explain

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

E.g magistrate can ask at any time without any prior information 

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

Legal terms

Shall is given means = mandatory 

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

E.g Accused can refuse to answer the questions asked and tell lies or false answers. 

E.g Magistrate cannot punish him for refusing to answer or false answers 

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

  (5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.

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31 Aug  

 POSCO is the protection of children from of sexual

CHAPTER XVII

THE CHARGE

A.—Form of charges

CRPC 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 it any specific name, the offence may be described in the charge by that name only.

E.g : sec nos is  provided 

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

E.g Murder = legal conditions must be satisfied = like intention to murder

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

E.g Previously convicted then must be stated in the current report - reason/ sec. 

CRPC 212. Particulars as to time, place and person.—

(1) The charge shall contain such particulars as to the 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.

CRPC 213. When manner of committing offence must be stated.—

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, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

E.g if the accused person does not understand what is stated in 211 & 212, then it must be explained in a manner understandable to the accused. Means it must clear and no ambiguity 

CRPC 214. Words in charge taken in sense of law under which offence is punishable.—

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

CRPC 215. Effect of errors.— 

No error in stating either the offence or the particulars required to be stated in the

charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

E.g small error : if it is not affecting notice to the person then no issues and proceed forward.

E.g because of this error there is failure of justice then it will be considered. 

CRPC 216. Court may alter charge.—

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

E.g : only the court can alter the charge, not police officers. 

(2) Every such alteration or addition shall be read and explained to the accused. 

CRPC 217. Recall of witnesses when charge altered.—

Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—

E.g : the court can recall the witnesses once again. If the court believes that advocates are trying to waste the time, then the court will deny. 

B.—Joinder of charges

CRPC 218. Separate charges for distinct offences.—

(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:

CRPC 223. What persons may be charged jointly.—

The following persons may be charged and tried together, namely:—

(a) persons accused of the same offence committed in the course of the same transaction;

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;

CRPC 219. Three offences of same kind within year may be charged together.—

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, 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.

E.g thief : he has committed 3 times in 12 months, charged him jointly all three charges.

(d) persons accused of different offences committed in the course of the same transaction;

E.g while doing robbery - one person kills, one poisons the food, 

CRPC 227. 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 in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

CHAPTER XVIII

TRIAL BEFORE A COURT OF SESSION

CRPC 225. Trial to be conducted by Public Prosecutor.—

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

CRPC 226. Opening case for prosecution.—

When the accused appears or is brought before the Court in pursuance of

a commitment 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.

CRPC 227. 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 in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

CRPC 228. Framing of charge.—

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—

CRPC 229. Conviction on plea of guilty.—

If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.

E.g If the accused person accepts, then the judge can convict him or move forward with the case. 

CRPC 230. Date for prosecution evidence.—

If the accused refuses to plead, or does not plead, or claims to be tried or

is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

E.g date to bring the evidence from the prosecution side is fixed. 

CRPC 231. Evidence for prosecution.—

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

CRPC 232. 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.

E.g 

CRPC 233. Entering upon defence.—

(1) Where the accused is not acquitted under section 232, he shall be called

upon to enter on his defence and adduce any evidence he may have in support thereof.

CRPC 234. 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.

E.g this is between two advocates and the Judge alone.

CRPC 235. Judgment of acquittal or conviction.—

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.

CRPC 236. Previous conviction.—

In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

E.g how to find the once a person is convicted? Will go to jail, the jailer will have the completed records. 

CHAPTER XIX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

CRPC 238. Compliance with section 207 -

E.g Same flow as above CHAPTER 18

CRPC 249. Absence of complainant.—

When the proceedings have been instituted upon complaint, and on any day

fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

E.g Judge will frame the charges, will check if all the reported sec is relevant or not. 

CRPC 250. Compensation for accusation without reasonable cause.—

(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

E.g wantedly made an accusation on B, when pronouncing the judgement, will ask the complainant that why have you made charge without any proper ground. 

 (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

CHAPTER XXXIII

PROVISIONS AS TO BAIL AND BONDS

CRPC 436. In what cases bail to be taken.—

(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought

before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:

E.g 436 means = when a person is arrested in a Bailable Offence he will be granted bail. 

IPC 50. Person arrested to be informed of grounds of arrest and of right to bail.—

E.g Indigent means Poor 

Provided that such officer or Court, if he or it thinks fit, 1[may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail  from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.

Legal Terms 

E.g Bail = paying money then getting mail

E.g Bond = not able to pay money upfront bond is made. When bond is broken the amount has to be paid or will be placed in jail. 

Explanation.—Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:

(2) Notwithstanding anything contained in sub-section (1), 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, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.

CRPC 437. When bail may be taken in case of non-bailable offence.—

(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 session, he

may be released on bail, but—

(i) 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;

(ii) 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 to 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:

E.g any person under 16; any women of age or illness 

E.g Infirm = unsound person.

E.g Advocate must ask for Bail otherwise the court will not come on its own. 

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:

CRPC 438. Direction for grant of bail to person apprehending arrest- [Anticipatory Bail]

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that in the event of such arrest, he shall be released on bail. 

Inter alia , the following factors, namely :- 

1.  Nature and gravity of the accusation 

2. E.g Previous offence to be checked

3. E.g applicant will flee from justice

4. E.g made with intention of injuring or humiliating the applicant 

Legal Terms 

apprehending = means predicting arrest in future. 

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1 Sep  

Daily One Legal Word : 

Doli incapax – Incapable of crime

- It is deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (under ten years old).

EXPLANATION : 

The defense of infancy, also known as the age of criminal responsibility, is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.

Minimum age of criminal responsibility by country

Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged seven to under fourteen were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and it was wrong. In fact, capacity was a necessary element of the state's case. If the state failed to offer sufficient evidence of capacity, the infant was entitled to have the charges dismissed at the close of the state's evidence. Doli incapax was abolished in England and Wales in 1998, but persists in other common law jurisdictions.

Daily One Advocacy Rule : 

If an advocate is not having enough evidence to prove his case then he will attack the credibility of the witnesses in opposition.

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CHAPTER XXVII

THE JUDGMENT

CRPC 353. Judgment.—

(1) The judgment in every trial in any Criminal Court or 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,—

E.g Original jurisdiction : the court at which the case can be filed in first level. The place where the crime took place and FIR filed 

E.g Court of Appellate Jurisdiction  : upper  class court.

Writs 

(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.

(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

(6) If the accused is not in custody,

(7) No judgment delivered…… by reason only of the absence

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.

CRPC 465. Finding or sentence when reversible by reason of error, omission or irregularity.—

(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

E.g While serving the cummors there were technical errors or while warranting some technical errors, but the trial happened in a proper court and the judgement cannot be reversed.

Same cannot be reversed by the Appellate court also. 

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

CRPC 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 reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 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 Indian Penal Code (45 of 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.

E.g when there is doubt b/w theft & extraction then we confirmed that this is extortion.

C.—Conclusion of trial

CRPC 248. Acquittal or conviction.—

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

 

CRPC 362. Court not to alter judgment.—

Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

CHAPTER XXIX

APPEALS

CRPC 372. No appeal to lie unless otherwise provided.—

No appeal shall lie from any judgment or order of a

Criminal Court except as provided for by this Code by any other law for the time being in force:

1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting

the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the

Court to which an appeal ordinarily lies against the order of conviction of such Court

E.g only when allowed the chance to appeal this can be done. When denied, they can't forward to appeal. 

CRPC 374. Appeals from convictions.—

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,—

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the

first class, or of the second class, or

(b) sentenced under section 325, or

(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, 

may appeal to the Court of Session.

CRPC 375. No appeal in certain cases when accused pleads guilty.—

Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,—

E.g have you committed murder, then reply as “yes”. The accused pleads guilty, then there won't be any appeal. 

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

E.g except as to the extent or legality of the sentence =  for theft 3 yrs is the punishment, but 4 yrs is awarded. Then for this yrs of punishments legality can be appealed 

CRPC 376. No appeal in petty cases.

Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:—

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:

CRPC 377. Appeal by the State Government against sentence.—

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy

E.g an appeal against the sentence on the ground of its inadequacy = means ,when the Prosecution when the sentence is (inadequate) felt less. 

Legal Terms 

Save as = Except

Savings = Exceptions

NotWithstanding = in-spite of 

CRPC 378. Appeal in case of acquittal.—

(1) Save as otherwise provided in sub-section (2), and subject to the

provisions of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

CRPC 379. Appeal against conviction by High Court in certain cases.—

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

CRPC 380. Special right of appeal in certain cases.—

Notwithstanding anything contained in this Chapter, when

more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of

any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

E.g A, B & C

A has got convicted and no chance of a appeal

B&C are convicted & have chance of appeal then they can appeal 

CRPC 381. Appeal to Court of Session how heard.—

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

E.g make over to him = divide the cases to him by sessions Judge alone will be heard. 

CRPC 382. Petition of appeal

E.g in writing presented by the appellant or his pleader, and judgement copy. 

CHAPTER XXX

REFERENCE AND REVISION

CRPC 395. Reference to High Court.—

(1) Where any Court is satisfied that a case pending before it involves a

question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

E.g Any lower court that needs HIgh court to interfere to clarify the Validate Sec or Act, will send the reference to HIGH Court. Give more clarification.

E.g Lower court will send to the high court that - THis act is not pronounced valid or inactive. Please pronounce it

Legal Terms

Review is done with the same court where the judgement is pronounced 

E.—Suspension, remission and commutation of sentences

CRPC 432. Power to suspend or remit sentences.—

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

E.g Government can suspend the punishment

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

E.g When an application is made to the government by the accused by his pleader. 

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

E.g when the guidelines or conditions are not followed by the accused after the suspension or remitted, then the government  will send the police officer to arrest the person. 

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

E.g conditions has to be fulfilled 

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or

E.g Jailer is sending, so there is no declaration he is in jail.

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.

CRPC 433. Power to commute sentence.—

The appropriate Government may, without the consent of the person sentenced, commute—

Legal Terms

Commute = reduction of sentence 

Remission = making zero or Null,  punishment. 

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;

(d) a sentence of simple imprisonment, for fine

IPC sec 54 & 55 = commutation of Death and Life imprisonment 

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2 Sep  

Daily One Legal Word : 

DONATIO MORTIS CAUSA

- It means a Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.

EXPLANATION:  A gift in prospect of death. When a person in sickness, apprehending his dissolution near, delivers, or causes to be delivered to another, the possession of any personal goods, to keep as his own, in case of the donor's decease. 

The civil law defines it to be a gift under apprehension of death; as, when any thing is given upon condition that if the donor dies, the donee shall possess it absolutely, or return it if the donor should survive, or should repent of having made the gift, or if the donee should die before the donor.

Daily One Legal Word : 

Ex gratia - It means "in Favour' or "by favour"

And it is most often used in a legal context. When something has been done ex gratia, it has been done voluntarily, out of kind or grace. 

In law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation.

Compensation payments are often made ex gratia if a government or organization is prepared to compensate victims of an event such as an accident or similar but not to admit liability to pay compensation or for causing the event.

EXAMPLES: 

1) A company conducting layoffs may make an ex gratia payment to the affected employees that is greater than the statutory payment required by the law, perhaps if those employees had a long and well-performing service with the company.

2) An insurance company may make an ex gratia payment to customers if a claim does not meet the terms and conditions but the company chooses to make a voluntary payment out of kindness or compassion, without recognizing any obligation to make such a payment.

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3 sep  

Daily One Legal Word : 

Estoppel 

- It is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. It is meant to prevent people from being unjustly wronged by the inconsistencies of another person's words or actions.

EXPLANATION :

Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law.

There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration:

1) If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of promissory estoppel may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a contract. The landlord is precluded from asserting a specific right.

2) If a person brings legal proceedings in one country claiming that a second person negligently injured them and the courts of that country determine that there was no negligence, then under the doctrine of issue estoppel the first person will not normally be able to argue before the courts of another country that the second person was negligent (whether in respect of the same claim or a related claim). The first person is precluded from asserting a specific claim.

Estoppel is an equitable doctrine. Accordingly, any person wishing to assert an estoppel must normally come to the court with "clean hands".

Daily One Advocacy Rule :

An Advocate must be always seen in READING but not in TALKING. 

The Advocate will only talk in his case in the court.

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B.—AID TO THE MAGISTRATES AND THE POLICE

37 to 40 : Public must help the police & magistrate when help is asked, covered in these sections of CRPC

CRPC 37. Public when to assist Magistrates and police.—

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid—

(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

E.g When help is asked then public must help

CRPC 38. Aid to person, other than police officer, executing warrant.—

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

E.g When the private person is executing the warrant and asking help then, help must be provided.

CRPC 39. Public to give information of certain offences.—

(1) Every person, aware of the commission

of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely:—

E.g if you have come to know that above state 12 offences or intention to commit, then shall[must] inform the nearest police station or magistrate. 

CRPC 40. Duty of officers employed in connection with the affairs of a village to make certain report.—

E.g village office and people,  both the groups inform the Magistrate or police : that receiver or seller or stolen property 

(b) 

E.g when near the village or going through the village - a thug, robber 

(d)  ..

E.g any unnatural death has to be informed to the magistrate 

CHAPTER XIII

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CRPC 177. Ordinary place of inquiry and trial.—

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

E.g where the inquiry and trial must happen. 

CRPC 178. Place of inquiry or trial.-

E.g whenever it is uncertain and happens in several places. And crime is continouing offence - rape happenig in moving bus. Then trial can happen in any place 

CRPC 181. Place of trial in case of certain offences.—

(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.

E.g when these offence take place or where these people are arrested trial can take place

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.

CRPC 182. Offences committed by letters, etc.—

E.g address of the sender or place of the receiver.

CHAPTER XIV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

E.g how the magistrate is going to take the case.

CRPC 190. Cognizance of offences by Magistrates.—

E.g Cognizance = when can Magistrate take control of the case

(1) Subject to the provisions of this Chapter, any Magistrate of

the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may

take cognizance of any offence—

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

CRPC 191. Transfer on application of the accused

When a Magistrate takes cognizance of an offence under

clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

E.g magistrate itself the complainant.

E.g If there are 3 people there, one of you is not interested in the same court since there may be injustice, then can apply for transfer. 

CRPC 192. Making over of cases to Magistrates.—

(1) Any Chief Judicial Magistrate may, after taking cognizance of

an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

E.g CJM will make over[transfer/ order] to his 

CRPC 193. Cognizance of offences by Courts of Session.—

Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

E.g No magistrate can transfer to session court .

E.g  heavy work is done by the lower courts magistrate - enquiry and gater the complaints and files to the session courts 

CRPC 194. Additional and Assistant Sessions Judges to try cases made over to them—

As Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.

Legal terms

Makeover = Higher court sending to lower courts

Committal = When lower courts sending HIgher courts

CRPC 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.—

(1) No Court shall take cognizance—

(a )E.g 172 to 188 (both inclusive) of the Indian Penal Code = stopping the public office from doing the work.

E.g here there must be a written complaint to the magistrate by the officer or senior to him

E.g contempt = stopped the work/ doing the lawful activity.

(b) E.g  any written complaint from court officer then any court can take cognizance 

(2) E.g when the witness is theratend 

CRPC 197. Prosecution of Judges and public servants.—

(1) When any person who is or was a Judge or Magistrate

or a public servant not removable from his office save by or with the sanction of the Government is accused of any

offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty,

no Court shall take cognizance of such offence except with the previous sanction 1[save as otherwise provided in the

Lokpal and Lokayuktas Act, 2013 (1 of 2014)]—

E.g when you have to take any action against a public servant, Magistrate or Judge then appropriate permission needs to be made to the government.

CRPC 198. Prosecution for offences against marriage.—

(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:

E.g Only the complaint must be made by the aggrieved party

E.g under 18 yrs/ unsound/ women/ costumes not permitting women/ then any other person on behalf of them with permission from court 

198A. Prosecution of offences under section 498A of the Indian Penal Code.—

No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1960) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court,

by any other person related to her by blood, marriage or adoption.

E.g the family members of the wife can file complaints .

Under CRPC 41 police can arrest when received from neighbor when any information about CO 

CHAPTER XV

COMPLAINTS TO MAGISTRATES

CRPC 200. Examination of complainant.—

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

CRPC 201. Procedure by Magistrate not competent to take cognizance of the case.—

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—

(a) if the complaint is in writing, return it for presentation to the proper Court with an

endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

E.g when the magistrate does not have the power to take on, WILL RECORDE AND forward to the correct magistrate. 

CRPC 202. Postponement of issue of process 

process.—(1) Any Magistrate, on receipt of a complaint of an offence

of which he is authorised to take cognizance or which has been made over to him under section 192, may,

if he thinks fit, 1[and shall, in a case where the accused is residing at a place beyond the area in which he

exercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into the

case himself or direct an investigation to be made by a police officer or by such other person as he thinks

fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

E.g will direct the police officer to investigate, to check there is proper grounds

CRPC 203. Dismissal of complaint.—

If, after considering the statements on oath (if any) of the

complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202,

the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the

complaint, and in every such case he shall briefly record his reasons for so doing

 E.g after getting the information and believing that there is no grounds then will dismiss the complaint.

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CRPC 205. Magistrate may dispense with personal attendance of accused.—

(1) Whenever a Magistrate Issue a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

E.g when the person does not come in person then the Pleader will represent on his behalf and the case will move on forward. 

CRPC 256. Non-appearance or death of complainant.—

(1) If the summons has been issued on complaint, and on

the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be

adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained,

acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

CRPC 306. Tender of pardon to accomplice.—

(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and 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 relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

E.g Approver concept = going to lessen the punishment.

Legal Terms

Accomplice = a person is the participant in the crime

(2) This section applies to—

(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.

(4) Every person accepting a tender of pardon made under sub-section (1)—

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

CRPC 308. Trial of person not complying with conditions of pardon.—

(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:

CRPC 320. Compounding of offences.—

(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:—

CHAPTER XXXV

IRREGULAR PROCEEDINGS

CRPC 460. Irregularities which do not vitiate proceedings.

If any Magistrate not empowered by law to do any of the following things, namely:—

(a) to issue a search-warrant under section 94;

(b) to order, under section 155, the police to investigate an offence;

(c) to hold an inquest under section 176;

(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

CRPC 461. Irregularities which vitiate proceedings.—

If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—

his proceedings shall be void.

E.g when not having power and order is given then when it falls under this sec 461 is INVALID

CHAPTER XXXVI1

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CRPC 468. Bar to taking cognizance after lapse of the period of limitation.—

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2),

after the expiry of the period of limitation.

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

CRPC 469. Commencement of the period of limitation.—

(1) The period of limitation, in relation to an offender, shall commence,—

(a) on the date of the offence; or

E.g Murder happend on March 20 

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

E.g date of offence not known, but police came to know after 6 month. Then commencement of the date is from the date came to known by the police officer.

(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

 E.g after one year of theft and the person is identified - the commencement of date if from then the identity of the person is found. 

CRPC 473. Extension of period of limitation in certain cases.—

Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

E.g when the proper justification is provided to the magistrate, then he believes that justice must be given even after the timeline is over.

CHAPTER XXXVII

MISCELLANEOUS

CRPC 479. Case in which Judge or Magistrate is personally interested.—

No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

CRPC 480. Practising pleader not to sit as Magistrate in certain Courts.—

No pleader who practises in the Court of

any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

E.g no court can stop the High court when they want to 

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Updated : 2021

Key word search:

THE INDIAN PENAL CODE, 1860 [IPC],

THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC],

THE HINDU MARRIAGE ACT, 1955 [HMA],

THE INDIAN EVIDENCE ACT, 1872 [IEA],

THE CODE OF CIVIL PROCEDURE, 1908 [CPC],

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA],

THE TRANSFER OF PROPERTY ACT, 1882 [TPA],

THE INDIAN EASEMENT ACT, 1882 [IEA],

THE LIMITATION ACT, 1963 [LIA],

THE INDIAN PENAL CODE

THE CODE OF CRIMINAL PROCEDURE

THE HINDU MARRIAGE ACT

THE INDIAN EVIDENCE ACT

THE CODE OF CIVIL PROCEDURE

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT

THE TRANSFER OF PROPERTY ACT,

THE INDIAN EASEMENT ACT

THE LIMITATION ACT

#IPC #CRPC #DVA #HMA

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