Unit I

c. Explain the powers of Public Prosecutor to withdraw the case from prosecution. 07/08/08
Or
(c) Discuss the provisions relating to appointment of Public Prosecutor and their functions. 07/09/10
Or
1 Explain the provisions relating to appointment of Public Prosecutor. 08/07
Or
c. Who is a Public Prosecutor and what are his powers and functions? 06/07/08
Check notes
Section 2(u) defines a Public Prosecutor in the Code of Criminal Procedure,1973, "Public
Prosecutor" means any person appointed under section 24, and includes any person acting under
the directions of a Public Prosecutor;
Section 24 of the Code of Criminal Procedure Code defines the appointment and qualification of
Public Prosecutor. The Central Government and the State Government are authorized to appoint
prosecutors for conducting prosecution and other criminal proceedings. The public prosecutor
needs to ensure that the criminal justice system is functioning as per the principles of equality of
law, speedy trial, equal protection of laws and conscience.
The Public Prosecutor represents State and he is the Public servant under the State Government,
he is not entitled to work independently or conduct the trials independently for the self benefits as
he is imposed of statutory duties. No person can influence the prosecutor for withdrawing of case.
The prosecutor has no right to reject the witness or the facts of the case.
A Public Prosecutor required to help the Court with examining of facts of the case as well as in
finding of the facts of the case, the prosecutor must act following the fair and impartial way. He is
an officer who works for the state for the administration of justice towards his duty in order with
that the justice may be executed into the court during the time of prosecution of the case.
In Babu v. the State of Kerala, it was stated that Public Prosecutors are bound to assist the judge in
the administration of Justice.
By virtue of Section 24(3) it deals with the appointment of Public Prosecutor in every district and
also it states the appointment of Additional Public Prosecutor. The Advocate appointed by State as
Public Prosecutor or Additional Public Prosecutor  must the person from the panel prepared by the
District Magistrate(Collector) in consultation with Sessions Judge. The advocate who appointed as
Public Prosecutor or Additional Public Prosecutor  should have practice for not less than 7 years.
In Abdul Khader v State Of Kerala,  it was held that District Magistrate has no power to delete a
person recommended by Sessions Judge from the panel or he cannot add a person with the
consultation of Sessions Judge. The appointment of Public Prosecutor must be in consultation
with the Sessions Judge only.
Section 24(5) states that if the name of the advocate is not listed in the panel, then he could not be
appointed as a Public Prosecutor or Additional Public Prosecutor.
Section 24(8) appointment of Special Public Prosecutor by the State Government as well as the
Central Government for conducting of any cases. A person who has been in practice as an advocate
for not less than ten years can be appointed. He can be appointed only in special circumstances
and the Government consider more experienced advocate.
APPOINTING SPECIAL PUBLIC PROSECUTOR: The State Government appoints an Assistant Public
Prosecutor for the prosecution in Magistrate Courts. A police officer is not eligible to be appointed
as Assistant Public Prosecutor but an officer not below the rank of Inspector can be appointed.
Incase, the Assistant Public Prosecutor is not available for a case, the District Magistrate can
appoint Assistant Public Prosecutor. A person holding the office of  Assistant Public Prosecutor is
not supposed to practice as a private lawyer.
WITHDRAWAL OF CASE: By section 321 of the Criminal Procedure Code it allows the Public
Prosecutor as well as the Assistant Public Prosecutor to withdraw from the case with the
permission of the Court. The request for permission should be presented before the judgment is
declared.
In Radheyshyam v. State of M.P & Ors, here the Court stated that Special Public Prosecutor can be
appointed for the administration of justice is necessary and not on the request of the complainant.
PUBLIC PROSECUTOR IN INVESTIGATION PROCESS AND TRIAL: The Public Prosecutor present
before the court for
 obtaining the arrest warrant to arrest a person who is accused under a case
 obtain the search warrants for conduction of search in a specific area stated in the warrant.
 For initiating the proceedings regarding the non-traceable offender to declaring him as a
proclaimed offender.
 The obtaining of police custody remand of the accused of custody interrogation.
During the time of trial, the Public Prosecutor can argue with the issues and facts of the case to the
judge for granting the punishment as to the gravity of the case. This is only possible when the case has
proven that the accused is guilty of the facts and evidence produced.
DIRECTORATE OF PROSECUTION & PUBLIC PROSECUTOR
DIRECTORATE OF PROSECUTION: Section 25-A of the code as inserted by the Cr.P.C(Amendment)
Act, 2005 lays down the provisions regarding Directorate of Prosecution;
I. State Government may establish a Directorate of Prosecution consisting of a Director of
Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
II. A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of
Prosecution, only if he has been in practice as an advocate for not less than ten years and such
appointment shall be made with the concurrence of the Chief Justice of the High Court.
III. The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall
function under the administrative control of the Head of the Home Department in the State.
IV. Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
V. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed
by the State Government under Sub-Section (1), or as the case may be, Sub-Section (8), of
section  to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
VI. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed
by the State Government under Sub-Section (3), or as the case may be, Sub-Section (8), of
section  to conduct cases in District Courts and every Assistant Public Prosecutor appointed
under Sub-Section (1) of section  shall be subordinate to the Deputy Director of Prosecution.
VII. The powers and functions of the Director of Prosecution and the Deputy Directors of
Prosecution and the areas for which each of the Deputy Directors of Prosecution have been
appointed shall be such as the State Government may, by notification, specify.
VIII.The provisions of this section shall not apply to the Advocate General for the State while
performing the functions of a Public Prosecutor.

c. Explain the power of the Criminal Courts to sentence an accused.06/07/08

Or
c. Explain the hierarchy and powers of criminal courts in India. 07/09
Or
(c) Explain the hierarchy of Criminal Courts in India along with their respective Jurisdiction. 07/08/08
Or
c. Explain the hierarchy of Criminal Courts in India with special reference to Jurisdiction. 07/08
Chapter 2 Section 6 to 35 of Code of Criminal Procedure deals with the Constitution of Criminal Courts
and their powers.

Section 6 of Cr.P.C provides that in every State there shall be High Court and besides the High court the
following classes of Criminal courts are constituted;
1. Court of Session
2. Judicial Magistrates of First Class and in any metropolitan area, Metropolitan Magistrate.
3. Judicial Magistrates of the Second Class and
4. Executive Magistrate
Hierarchy Of Criminal Courts
 Supreme Court
 High Court
 Session Court
 Additional Session Judge
 Assistant Session Judge
Metropolitan Area:
 Chief Metropolitan Magistrate
 Metropolitan Magistrate
Other than Metropolitan Area:
 Chief Judicial Magistrate
 Judicial Magistrate First Class
 Judicial Magistrate Second Class
Establishment and Powers Of Supreme Court And High Court
Supreme court of India: The establishment of Supreme Court is given under article 124 of the
Constitution of India and defines its jurisdiction and powers relating to criminal matters. The Article 134
of the Indian Constitution provides that an appeal shall lie to the supreme court from any judgment,
final order or sentence in a criminal proceeding of a High Court in the territory of India.
According to Section 374 (1) of the Criminal Procedure Code, any person convicted on a trial held by a
High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. 
According to Section 379 of the criminal procedure 1973 where the High Court has no appeal, revised an
order of acquittal of an accused person and convicted him and sentenced him to death or to
imprisonment for life or imprisonment for a term of 10 years or more he may appeal to the supreme
court.
 The Supreme Court can also transfer criminal cases from one High Court to another High Court or from
a Criminal Court subordinate to the one High Court to another Criminal Court of equal or superior
jurisdiction subordinate to another high court in the interest of justice as per Section 406 of The Criminal
Procedure Code.
High Courts: According to Article 214 of the Indian Constitution, there shall be High Court for each State.
Section 231 of the Indian Constitution provides for the establishment of a common High Court for two or
more states and union territory by parliament enactment. 
As per Article 227 of the Indian Constitution, every High Court shall have superintendence over all courts
and tribunals throughout the territories in relation to which it exercises jurisdiction.   As per Section 483
of The criminal procedure Code every High Court shall so exercise its superintendence over the Courts of
Judicial Magistrate subordinate to it as to ensure that there is an expeditious and proper disposal of
cases by such Magistrates.    According to section 482 of The Criminal Procedure Code the High Court
has inherent power to prevent abuse of the process of any Court or otherwise to secure the ends of
Justice. According to section 28(1) High Court may pass any sentence authorized by law. The Criminal
procedure Code gives various powers to the High Court including those relating to reference, appeal,
revision and transfer of cases.
Establishment And Powers Of Court Of Session: The establishment of Court of Session given under
section 9 and 10 of Code of Criminal Procedure. According to section 9 Court of Session established by
State government. The State Government shall establish a Court of Session for every sessions division
and every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
Appointment of District Judges:According to article 233 of the Constitution of India all district judges
shall be appointed by Governor in consultation with High Court.
Powers of Court of Session: According to section 28(2) of Code of Criminal Procedure deals with Session
Judge or Additional Session Judge may pass any sentence authorized by law and if Session Judge or
Additional Session Judge pass sentence of death then such sentence shall be subject to confirmation of
High Court.
According to section 28(3) Assistant Session Judge may pass any sentence authorized by law except the
sentence of death, life imprisonment or imprisonment more than 10 years.
Establishment, Appointment And Powers Of Court Of Judicial Magistrate: Section 11 of Code of
Criminal Procedure deals with the establishment of Court of Judicial Magistrate. According to section 11
Court of Judicial Magistrate established by state government.
Appointment of Court of Judicial Magistrate: The appointment of Judicial Magistrate are given under
article 234 of the Constitution of India. According to article 234 all judges other than district judges shall
be appointed by the Governor in consultation with State Public Service Commission and the High Court.
Now according to section 12 of Code of Criminal Procedure any Judicial Magistrate first Class shall be
appointed as Chief Judicial Magistrate by High Court.
Powers of Court of Judicial Magistrate: The power of Chief Judicial Magistrate given under section
29(1). According to section 29(1) Chief Judicial Magistrate may pass any sentence authorized by law
except the sentence of death, life imprisonment and imprisonment more than 7 years.
Section 29(2) of Code of Criminal procedure deals with Judicial Magistrate 1st class may pass any
sentence authorized by law except the sentence of death, life imprisonment and imprisonment more
than 3 years and he may also impose fine upto Rs.10,000/-
Section 29(3) talks about Judicial Magistrate 2nd Class may pass any sentence authorized by law except
the sentence of death, life imprisonment and imprisonment more than 1 year and he may also impose
fine upto 5,000/-
Establishment, And Powers Of Court Of Metropolitan Magistrate: The establishment of Court of
Metropolitan Magistrate is given under section 16 of code of Criminal Procedure and according to
section 17 any Metropolitan Magistrate shall be appointed as a Chief Metropolitan Magistrate by High
Court.
Powers of Court of Metropolitan Magistrate : According to section 29(4) the Chief Metropolitan
Magistrate and Metropolitan Magistrate shall possess the same power of Chief Judicial Magistrate and
Judicial Magistrate First Class i.e Chief Metropolitan Magistrate may pass sentence of imprisonment
upto 7 years and Metropolitan Magistrate may pass sentence of imprisonment upto 3 years and fine
upto 10,000/-
The powers of Criminal Courts are different but Chief Metropolitan Magistrate possess the same power
of Chief Judicial Magistrate and Metropolitan Magistrate possess the same power of Judicial Magistrate
First Class. We also see a Sessions Judge or Additional Sessions Judge may pass any sentence but in case
of sentence of death it shall be subject to the confirmation of High Court under section 366 of the Code
of Criminal Procedure.
Power And Function Of Executive Magistrate: Section 20 of Code of Criminal Procedure deals with
Executive Magistrate. In every district and in every Metropolitan area State Government may appoint
the executive Magistrate and shall appoint one of them to be District Magistrate.
The State Government may appoint any Executive Magistrate to be an Additional District Magistrate,
and such Magistrate shall have all or any of the powers of a District Magistrate under this Code or under
any other law for the time being in force. The State Government may place an Executive Magistrate in
charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so
placed in charge of a sub-division shall be called the Sub-divisional Magistrate. Nothing shall preclude
the State Government from conferring, under any law for the time being in force, on a Commissioner of
Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area.
Special Judicial Magistrates – According to Section 13 (1) of the code of criminal procedure 1973 The
High Court may, if requested by the Central or State Government so to do, confer upon any person who
holds or has held any post under the Government, all or any of the powers conferred or conferrable by
or under this Code on a Judicial Magistrate of the second class, in respect to particular cases or to
particular classes of cases or to cases generally, in any district, not being a metropolitan area: Such
Special Magistrate shall be appointed for such term, not exceeding one year at a time, as the High court
may, by genera or special order direct.
******************
o The Supreme Court of India- any sentence authorized by law
o The High Court – any sentence authorized by law
o The Session Judge ( the Session judge, the Addl.Session Judge- any sentence authorised by law but
death sentence must be confirmed by High Court)
The Asst.Session Judge The Chief. Metro.Magistrate The Chief.Jud.Magistrate
upto10 years/ fine Rs.10,000/- upto 7 year/fine Rs.10,000/- upto 7 years/ fine Rs.10,000/-

Metropolitan Magistrate Judicial Magistrate I Class Judicial Magistrate II Class

Upto 3 years/ fine of Rs.5000 3 years /fine of Rs.5000/- 1 year / fine of Rs.1000/-

(c) Explain the provisions, jurisdiction and powers relating to Courts of Metropolitan Magistrates. 08
Or
c. Explain the provisions relating to Metropolitan Area under Cr P C. 07/09/10
In the above answer
Metropolitan Area:
 Chief Metropolitan Magistrate
  Metropolitan Magistrate
Other than Metropolitan Area:
 Chief Judicial Magistrate
 Judicial Magistrate First Class
 Judicial Magistrate Second Class
Section 16-19

c. What is meant by taking Cognizance? Distinguish between cognizable and non-cognizable

offence.08
Cognizable offences have been defined in Criminal Procedure Code u/s sec.2(c) as follows; " `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".
A non-cognizable offence has been defined in Criminal Procedure Code u/s Sec 2(i) as follows, "`non-
cognizable offence' means an offence for which, and `non-cognizable case' means a case in which, a
police officer has no authority to arrest without warrant". 
The First Schedule has classified all acts punishable under the Indian Penal Code, 1860 into Cognizable
and non-cognizable offences. Although the Code in itself does not give any reasoning as to this
classification, certain patterns can be traced if the First schedule is studied carefully. All offences which
have a punishment of more than 3 years under the Indian Penal Code are considered to be cognizable
offences and all offences which have a punishment of less than 3 years are non-cognizable offences.
Subsequently, it can be deduced that non-cognizable offences are relatively less serious in nature than
cognizable offences.
Consequently, in case of cognizable offences, the police officers can arrest the accused person without
any warrant or authority issued by a magistrate. They can initiate investigation on their own accord and
they needn't wait for the prior permission of a magistrate. In fact, they have a legal duty to initiate
investigations. "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 officer was not empowered under this section to
investigate."
On the other hand, police officers necessarily need prior permission of a magistrate to initiate
investigations in cases of non-cognizable offences. Non cognizable offences are considered more in the
nature of private wrongs and therefore the collection of evidence and the prosecution of offender are
left to the initiative and efforts of private citizens.
Distinction between cognizable & Non-Cognizable offence
1. In case of cognizable offence, police may arrest the accused without warrant, while in case of non-
cognizable offence, police generally does not have a power to arrest without a warrant.
2. Cognizable offence is more serious in nature while non-cognizable offence is less serious in nature.
Examples of cognizable cases would be murder, dowry death, grievous hurt, theft etc. Examples of non-
cognizable offences would be keeping a lottery office, voluntarily causing hurt, dishonest
misappropriation of property.
3. Offences punishable with imprisonment for 3 years and more are cognizable, while offences
punishable with imprisonment for less than 3 years are non-cognizable, except some exceptions.
4. Police has to record information about a cognizable offence in writing as per Section 154, while as per
Section 155, Police has to enter information in register prescribed for it and refer the informant to a
magistrate.
5. In matter of cognizable offence, police may investigate the case without order or direction of
magistrate, while in non-cognizable cases police cannot investigate the case without order or direction
of magistrate.
6. In cognizable cases, FIR is lodged in a police station, while in non-cognizable case complaint is lodged
in Court of Magistrate.

1. a. Who is a ‘Public Prosecutor’? 02

Section 2(u) defines a Public Prosecutor in the Code of Criminal Procedure,1973, "Public
Prosecutor" means any person appointed under section 24, and includes any person acting under
the directions of a Public Prosecutor;
Section 24 of the Code of Criminal Procedure Code defines the appointment and qualification of
Public Prosecutor. The Central Government and the State Government are authorized to appoint
prosecutors for conducting prosecution and other criminal proceedings. The public prosecutor
needs to ensure that the criminal justice system is functioning as per the principles of equality of
law, speedy trial, equal protection of laws and conscience.
The Public Prosecutor represents State and he is the Public servant under the State Government,
he is not entitled to work independently or conduct the trials independently for the self benefits as
he is imposed of statutory duties. No person can influence the prosecutor for withdrawing of case.
The prosecutor has no right to reject the witness or the facts of the case.
A Public Prosecutor required to help the Court with examining of facts of the case as well as in
finding of the facts of the case, the prosecutor must act following the fair and impartial way. He is
an officer who works for the state for the administration of justice towards his duty in order with
that the justice may be executed into the court during the time of prosecution of the case.
Section 25 of the code as inserted by the Cr.P.C(Amendment) Act, 2005 lays down the provisions
regarding Assistant Public Prosecutors
Section 25-A of the code as inserted by the Cr.P.C(Amendment) Act, 2005 lays down the provisions
regarding Directorate of Prosecution

2. a. What is a ‘Cognizable Offence’? 02

Or
1. a. Define „Cognizable offence‟. 02
Or
2. a. What is meant by Cognizable Offence?02
Or
1. a. Define „Cognizance‟. 02
Cognizable offences have been defined in Criminal Procedure Code u/s sec.2(c) as follows; " `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".

b. Prepare a note on hierarchy of criminal courts. 03/04/05

Hierarchy Of Criminal Courts
 Supreme Court
 High Court
 Session Court
 Additional Session Judge
 Assistant Session Judge
Metropolitan Area:
 Chief Metropolitan Magistrate
 Metropolitan Magistrate
Other than Metropolitan Area:
 Chief Judicial Magistrate
 Judicial Magistrate First Class
 Judicial Magistrate Second Class

2. a. State the sentencing powers of Metropolitan Magistrate. 02

Judicial Magistrate First Class i.e Chief Metropolitan Magistrate may pass sentence of imprisonment
upto 7 years and Metropolitan Magistrate may pass sentence of imprisonment upto 3 years and fine
upto 10,000/-
Section 29(2) of Code of Criminal procedure deals with Judicial Magistrate 1st class may pass any
sentence authorized by law except the sentence of death, life imprisonment and imprisonment more
than 3 years and he may also impose fine upto Rs.10,000/-
Section 29(3) talks about Judicial Magistrate 2nd Class may pass any sentence authorized by law except
the sentence of death, life imprisonment and imprisonment more than 1 year and he may also impose
fine upto 5,000/-

1. (a) What is a Complaint? 02

Or
2. a. What is a Complaint? 02
Section 2(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.
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;

2. (a) Define Investigation. 02

Or
1. a. Define the term ‘Investigation’. 02
“Investigation” has been defined under S. 2 (h) of the Criminal Procedure Code. It includes all the
proceedings under “the Code of Criminal Procedure, 1973” for the collection of evidence
conducted by a Police officer or by any person (other than a Magistrate) who is authorized by a
Magistrate. The officer-incharge of a Police Station can start investigation either on information or
otherwise (section 157 Cr.P.C.).
The investigation consists of the following steps starting from the registration of the case:-
(i). Registration of the case as reported by the complainant u/s 154 Cr.P.C.,
(ii). Proceeding to the spot and observing the scene of crime,
(iii). Ascertainment of all the facts and circumstances relating to the case reported,
(iv). Discovery and arrest of the suspected offender(s),
(v). Collection of evidence in the form of oral statements of witnesses (sections 161 Cr.PC.),
in the form of documents and seizure of material objects, articles and movable properties
concerned in the reported crime.
(vi). Conduct of searches of places and seizure of properties, etc.
(vii). Forwarding exhibits and getting reports or opinion from the scientific experts (section
293 Cr.P.C)
(viii). Formation of the opinion as to whether on the materials collected, there is a case to
place the accused before a magistrate for trial and if so, taking necessary steps for filing a
charge sheet, and
 (ix). Submission of a Final Report to the court (section 173 Cr.P.C.) in the form of a Charge
Sheet along with a list of documents and a Memo of Evidence against the accused
person(s).
Case laws:
(i) In Adri Dharan Das v. State of W.B. , it has been opined that: “arrest is a part of the process of
investigation intended to secure several purposes. The accused may have to be questioned in
detail regarding various facets of motive, preparation, commission and aftermath of the crime
and connection of other persons, if any, in the crime.”
(ii) In Niranjan Singh v. State of U.P. , it has been laid down that investigation is not an inquiry or
trial before the Court and that is why the Legislature did not contemplate any irregularity in
investigation as of sufficient importance to vitiate or otherwise form any infirmity in the inquiry or
trial.

(b) State the sentences which the criminal courts may pass. 03
o The Supreme Court of India- any sentence authorized by law
o The High Court – any sentence authorized by law
o The Session Judge ( the Session judge, the Addl.Session Judge- any sentence authorised by law but
death sentence must be confirmed by High Court)
The Asst.Session Judge The Chief. Metro.Magistrate The Chief.Jud.Magistrate
upto10 years/ fine Rs.10,000/- upto 7 year/fine Rs.10,000/- upto 7 years/ fine Rs.10,000/-

Metropolitan Magistrate Judicial Magistrate I Class Judicial Magistrate II Class

Upto 3 years/ fine of Rs.5000 3 years /fine of Rs.5000/- 1 year / fine of Rs.1000/-

b. J is accused of Murdering Z. Y is a Police Head Constable. Can Y prosecute criminal case against J?
Decide. 03
If the officer on duty is not available then the senior-most police officer
available in the police station helps in the paperwork of filing a complaint or FIR.
If the Station House Officer (SHO) or the Inspector is not present then the Sub-
inspector or the Head Constable will be the officer-in-charge, who will receive a
complaint or file FIR.

b. Mention the differences between Inquiry and Investigation. 03

Distinction between Investigation, Inquiry and Trial
1. Investigation is the first stage; inquiry is the second stage, while trial is the third stage of any criminal
proceedings.
2. Investigation is conducted by police for collection of evidence; inquiry is made by magistrate or judge
to scrutinize the evidences on record whether oral or documentary just to ensure that a proper
investigation has been conducted and a trial is warranted in the particular case. Trial is held by court to
find out guilt or innocence of accused.
3. Investigation is purely non-judicial proceeding whereas inquiry may be judicial or non-judicial
proceeding, while trial is purely a judicial proceeding.
4. Investigation ends with submission of charge sheet. Inquiry ends with charge or discharge. While trial
ends with conviction or acquittal.

(c) What is a Metropolitan Area? 03/02

Section 2 (k)”metropolitan area” means the area declared, or deemed to be declared, under section 8,
to be a metropolitan area;
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.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and
Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a
metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area
but the reduction or alteration shall not be so made as to reduce the population of such area to less
than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan
area, the population of such area falls below one million, such area shall, on and from such date as the
State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but
notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before
any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser
had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan
area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before
such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or
appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken
place.
Explanation.- In this section, the expression “population” means the population as ascertained at the
last preceding census of which the relevant figures have been published.

1. (a) What is the meaning of construction of reference? 02/02/02

Section 3 of CRPC talks about construction of references as Unless the context otherwise requires, any
reference in any enactment passed before the commencement of this Code, –
(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first
class;
(b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial
Magistrate of the second class;
(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference,
respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate;
(d) to any area which is included in a metropolitan area, as a reference to such metropolitan area, and
any reference to a Magistrate of the first class or of the second class in relation to such area, shall be
construed as reference to the Metropolitan Magistrate exercising jurisdiction in such area.

2. (a) What is Procedural Law? 02/02/02

According to Salmond, The law of procedure may be defined as that branch of the law which governs
the process of litigation. It includes all legal proceedings whether civil or criminal. Procedural law refers
to the different processes through which a case proceeds. Procedural laws define the rules with which
substantive laws may be enforced. Procedural law establishes the methods, practices and ways in which
a court proceeding takes place. Procedural law governs the mechanics of how a legal case flows,
including steps and processes of a case, it adheres to due process.
Distinction between Substantive and Procedural Laws:
 Sl. Points of
Substantive Laws Procedural Law
No. Difference
It establishes rights, obligations and
It lays down the means and
duties of individuals with other
01. Definition methods through which
individuals or individuals with the
substantive law is enforced.
State.
It doesn’t have any independent
It has independent powers to
02. Powers powers to decide the fate of each
decide the fate of each case.
case.
It cannot be applied in non-legal It can be applied in both legal
03. Context
contexts. and non-legal contexts.
It governs the rights and duties of It governs the stages in which a
04. Governs
individuals. civil proceeding proceeds.
It doesn’t exclusively deal with It deals with the happenings of a
04. Application
proceedings inside a Court. Court.
It is regulated by Acts of Parliament
05. Regulation It is regulated by Statutory laws.
or government implementation.
Indian contract Act, IPC, Industrial CrpC, Law of Evidence, The
06 Examples
Disputes Act Limitation Act

2. a. Who is an Officer-in Charge of Police Station? 02

Section 2 (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 stationhouse 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;

(b) ‘B’, a Magistrate on a walk sees a crime being committed in his presence. Can he arrest the
accused? 03/04/05
yes

b. Z, an American diplomat commits theft at Mysore Mall, Mysore. Can the local police arrest him?
04/05
no

b.F, a private person witnesses an offence of Rape being committed in his presence. Can he use force
against an Assailant? 04/05
yes

b. „F‟, a Magistrate in Mysore takes cognizance of an offence of cheating committed at Pune. Can he
do so? How? 04/05

b.„Q‟, a female accused was found in possession of a diamond ring in her inner garment, after
committing the theft. How search may be made? And why?04/05

b. ‘A’, request the public prosecutor on his behalf to the police. Can he do so? 03/04/05
b. X, is convicted for the offence U/s 376 IPC and sentenced for a period of 6 months and the sentence
was felt to be inadequate. The state directs the public prosecutor to prefer an appeal. Decide. 03

b. X, a common man witnesses an accused committing an offence before him. Can he, as a private
person cause arrest? If so, under what circumstances? 03/04/05

(b) An Advocate General has been asked by the Governor to represent an accused before a Sessions
Court. Does he become a Public Prosecutor? Why? 03

(b) ‘A’, goes to Police Station to lodge First Information. But the Officer-in-charge of Police Station
refuses to register the First Information? What ‘A’ can do after such refusal? 03/04/05

6. (a) A is a bystander in a motor vehicle accident. Whether he is a victim? Give reasons. 03

 Unit II

c. Define ‘Non-cognizable offence’. State the procedure to be followed by the police while
investigating a non-cognizable offence. 07/08/08
Answer: Non Cognizable offence have been defined in Section 2 (l) of the Code, wherein the police
cannot arrest without warrant. The offence is less serious in nature and the prosecution is done at the
initiative of the parties. Punishment may be given not exceeding 3 years of imprisonment. Example –
Assault, Forgery, Defamation, etc.
The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure,
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.
The investigation of an offence consists of:
1. Proceeding to the spot.
2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
 Examination of persons concerned and reducing their statement to writing.
 Search and seizure of places and things respectively considered necessary.
Formation of opinion as to whether there is a case for trial, and taking necessary steps accordingly.
Procedure to be followed in Non- Cognizable Cases: Under the Code of Criminal Procedure, no police
officer should investigate a non-cognizable case without the order of concerned magistrate. When a
police officer approaches the magistrate for permission, it is not incumbent on him to grant the
permission invariably.
It is open to the magistrate either to grant permission or refuse to grant permission in such cases but
should give reasons for his decision. In a case before the High Court, an accused challenged the order of
a magistrate in according permission to the police to investigate the offence registered against him
under Section 182 IPC (false information with the intent to cause public servant to use his lawful power
to the injury of another person).
As for the case details, an official enquiry was conducted against some officials who indulged in corrupt
practices while discharging their official duties. Prior to it, a preliminary enquiry was conducted by a
police officer and as part of it, he recorded the statements of the petitioner-accused and some others.
However, during the official enquiry, they gave volte-face and did not support the version that was given
by them before the police officer regarding the corrupt practices of the delinquent officials. On the
contrary, they turned hostile and given false statements to help corrupt delinquent officials. Taking it
seriously, the police officer lodged a complaint against them for the offence under Section 182 IPC.
Accordingly, the concerned sub-inspector of police registered the case against them for the said offence
which was a non-cognizable offence and the officer (complainant) sought for permission of the
concerned magistrate to investigate the matter. When the magistrate accorded permission to
investigate, the accused challenged it before the High Court.
Prior permission: The counsel for the petitioner-accused contended that as per Section 155 CrPC, the
police are not authorised to register FIR in respect of the information received by them which discloses
the commission of a non-cognizable offence. The SHO of concerned police station should only enter the
substance of the information in the diary and refer the informant to the concerned magistrate and upon
receiving the order from the latter only, the officer should investigate into the matter. Except for
according permission, the magistrate has not passed any “speaking order”, he pointed out.
On the other hand, the public prosecutor supported the impugned order and urged the court to dismiss
 the petition of the accused. After hearing both sides and perusing the material on record and various
court judgments, the High Court said that in terms of Section 155 CrPC, the SHO is not authorised to
investigate the non-cognizable offences without prior permission of the court.
In the present case, contrary to Section 155 CrPC and also the orders of the Andhra Pradesh police
manual, the concerned SHO had registered the FIR on receiving complaint from the police officer and
thereafter only sought for permission of the magistrate for investigation. The aforesaid violation is an
incurable one in view of the mandatory provision laid down under Section 155 CrPC and also the AP
police manual, the judge observed.
As for according permission to investigate the matter, the Court said that the concerned magistrate has
not assigned any plausible reasons which prompted him to grant such permission. Besides, the
magistrate has not recorded reasons for according permission. In view of the procedural violations, the
Court allowed the petition by setting aside the impugned order.
Sending a Report to the Magistrate under Cognizable and Non-Cognizable Offences (Section 158)
A report is sent to the Magistrate which is called the police report. It is sent by the superior police
officer, so as to make the Magistrate aware that a particular case is being investigated by a police officer.
The main objective of sending a report is to enable the Magistrate to control the investigation and give
directions if required under Section 159 of the Code.
The report should be sent to the Magistrate without any delay. In Swati Ram v. State of Rajasthan, it
was held that mere delay in sending the report does not throw away the prosecution case in its entirety.
At different stages of an investigation, different reports are to be submitted by the police to the
Magistrate. These reports are:
1. Section 157 of the CrPC requires the officer in charge of the police station to submit a report to the
Magistrate, called a preliminary report.
2. Section 168 of the CrPC requires a subordinate officer to submit a report to the officer in charge of the
police station.
3. Section 173 of the CrPC requires that a final report is to be submitted to the Magistrate as after the
investigation gets over.

c) What is complaint? Under what circumstances the Magistrate may either admit or refuse the
complaint? 07/08
Answer: Section 2(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.
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;
Section 200 of CrPC says that a Magistrate, who is authorised to take account of the offence took place
on a complaint, shall consider upon the oath presented by both complainant and witnesses if there is
any and later the material obtained from this examination shall be reduced to writing along with the
sign of the complainant and the witnesses and also of the Magistrate.
According to the definition provided in Section 2(d) of CrPC, a complaint can be in any of the forms both
oral or written. Nor does Section 200 or any other section require the complainant to present a written
complaint to the Magistrate personally. Therefore, the complaints sent to the Magistrate through posts
are valid and he can take action on such complaints also.  
Whether the complaint is in the form of writing or oral, Section 200 of Crpc makes it legally mandatory
to be examined by the Magistrate on oath. The mere objective of such an examination of the complaint
presented to the Magistrate is to establish whether there is any direct or actual case against the person
who is being accused of the offence in the following complaint. Further, it aims to restrict the issue of
process on a complaint which is either false or inappropriate or may be intended only to harass a person
by accusing him of an offence. 
The provisions provided under Section 200 are not a mere formality but instead made by the legislature
to protect and guard the accused person against the unwarranted complaints. These provisions are not
discretionary but mandatory to be performed by the Magistrate. In some cases, the non-examination or
improper examination of the complaint by the Magistrate has been considered merely non-uniform and
not “ineffective of the proceedings” in the absence of failure of justice towards the accused. It is also
considered that the non-examination of the complaint by the Magistrate may cause harm to the
complainant, not the person who has been accused by him. There is no need for re-examination
regarding the case ‘complaint by a public servant or court’ and ‘Magistrate forwards the case to a
different Magistrate under Section 192’. 
The procedure by Magistrate not competent to take cognizance of the case
According to Section 201 of CrPC, ‘‘If a complaint is made before a Magistrate who is not competent to
take cognizance of the case, then Magistrate will do either of the two things as follows-
1. If a Complaint is made in writing, then the Magistrate needs to refer the following case to the
proper court for the presentation with the support for that effect.
2. If the Complaint is not in writing, then the Magistrate shall direct the complainant to the
proper Court.
Section 156 (3). Judicial magistrate’s power to investigate cognizable case[4]
Section 156(3) entails that any Magistrate empowered under Section 190 may order an investigation by
a police officer performing its duties under Chapter XII of Cr.P.C
The above-mentioned sections highlight the chronology/series of remedies available to a person. Firstly,
filing a complaint before the police official and secondly, in the event of failure of the registration of the
complaint by the official, one shall approach the SSP/SP for the said purpose. However, if the complaint
is not registered even after that, then the next remedy is to seek help from the Judicial Magistrate.
Hon’ble Apex Court citing various judgments has clarified the right approach for registration of FIR.
Court’s Observation: Hon’ble Apex court has observed that if any application under Section 156(3) is
filed before the Magistrate, the Magistrate can direct the FIR to be registered and an appropriate
investigation to be taken place, in the event where, according to the aggrieved person, no proper
investigation was done. Under the same provision, the Magistrate may monitor the investigation to
ensure a proper investigation.
Supporting Case Laws
1. In Mohd. Yousuf v. Afaq Jahan Hon’ble, Apex Court observed: (SCC p. 631, para 11)[5] that a
Judicial Magistrate, before taking cognizance of the offence, may order investigation under
Section 156(3) of the Code. If he does so, he should not consider the complainant’s oath because
he was not taking cognizance of any offence therein.
 This Court had taken the same view in Dilawar Singh v. State of Delhi (JT vide para 17).[6]
The honb’le Court clarified that even if an FIR has been registered and the police have made the
investigation, or is making the investigation, which the aggrieved person feels is not satisfactory, such a
person can approach the Magistrate under Section 156(3) Cr.P.C, and if the Magistrate is satisfied he can
order a proper investigation and may take other appropriate actions.
Thus, in cases where the Magistrate finds that the police has not done its job or is not satisfied with the
investigation of the case, he can direct the police to supervise the investigation and monitor it.
  In State of Bihar v. J.A.C. Saldanha  (SCC : AIR para 19)[7], Hon’ble Court held that a Magistrate
can order an investigation to resume even after the police have submitted the final report.
Thus, Section 156(3) Cr.P.C although briefly worded, is very extensive and includes all such incidental
powers as are necessary to ensure a proper investigation.

c. What is a search warrant? Distinguish it from arrest warrant. 06/07/08

Or
c. Define a „Warrant of Arrest‟. Distinguish it from „Body Warrant‟.06/07/08
or
c. Explain the circumstances under which a search warrant may be issued. 07/08
Or
c. What is a „Search Warrant‟? Distinguish it from „Arrest Warrant‟. 06/07/08
Or
c. Explain the circumstances under which a police may arrest without a warrant. Describe the
procedure to be followed after arrest.07/08
or
(c) When can a private person arrest? Explain the procedure on such an arrest.07/09/10
Or
c. Examine the procedure for Arrest. 07/09
In India, there are two types of warrants that can be issued in criminal cases, which are:
1. Arrest Warrant
2. Search warrant
Arrest Warrant: Arrest Warrant is a warrant issued by a judicial magistrate authorizing a police officer or
any other person, to arrest a person and take them into custody.
An arrest warrant is issued when there is a reasonable belief that a person has committed an offence
and has a chance to abscond.
In criminal law, Section 70 to 81 of the code deals with an arrest warrant.
The arrest Warrant is further divided into two:-
1. Bailable Warrant (Section 71)
2. Non- Bailable Warrant (Section 76)
According to Section 70, an arrest warrant must be in writing, signed by the presiding officer of the
court, and bear the seal of the court issuing it.
Other than the above-mentioned requisites, there are some other requisites to be fulfilled as well:
1. It should mention the name and designation of the person executing it.
2. It must give full details of the person to be arrested so the identification could be done easily.
3. It must also specify the offences charged.
A Warrant contents the following:-
1. Name of  the court
2. Name of the police officer executing it
3. The offence for which the person is accused of
4. The Place where the offence has been committed
5. Seal of the court
6. Sign of the presiding officer
7. Name and Address of the accused person
The warrant remains effective till it is executed or canceled by the order of the court issuing it.
The code also provides that if the arrested person is willing to execute a bail bond assuring his/her
appearance at the court, then the police officer has to release them, in case of a bailable offence.
It is also to be noted that a court can order any person other than a police officer to apprehend an
accused but after the arrest, he/she has to take the arrested person to the nearest police station so that
further proceedings could be undertaken.
The police officer in charge is also bound to produce the arrested person in the court within 24 hours
without any unreasonable delay.
Search Warrant: A search warrant is a written order issued by a court or a magistrate authorizing a
police officer or any person having the permission to conduct a search of a person, their house,
premises, vehicles, or other belongings and also confiscate any suspicious thing which may be used as a
piece of evidence.
Section 93, 94, 95, and 97 of the Criminal Procedure Code, 1973, mainly deals with the provision of
search warrant. Section 93 states the circumstances as to when a search warrant can be issued and
Section 94 provides the procedure for the search of a place that might have some stolen property,
forged documents, etc.
In the case of Kalinga Tubes Ltd. And Ors. Vs D. Suri, the court stated that police officers should take
precautions and care while using a search warrant and refrain from abusing their power and authority.
Search warrant is a written authority given to a police officer or any other authority by a Magistrate or
Court for conducting the search of a place either generally or for specified items or documents or for
persons who have been wrongfully detained.  The Courts have time and again cautioned that the power
to issue search warrants shall be exercised with all care and circumspection.
Circumstances under which a Search warrant may be issued
The Code enumerates the circumstances under which a search warrant can be issued and they are:
1. Where the Court has reason to believe that the person to whom a summon or order or
requisition has been addressed will not produce such document/ thing;
2. Where such document is not known to the Court to be in the possession of any person;
3. Where the Court considers that the purpose of any inquiry, trial would not be served by a
general search or inspection;
4. If the Magistrate or Court has reason to believe upon information or inquiry that any place is
used for the deposit or sale of stolen property or for the deposit, sale or production of any
objectionable article;
5. A Magistrate/ Court can issue search warrant under Section 95 of CrPC to enter upon any
premises for search and seizure of any newspaper, book, document or publication which
appears to the State Government to contain any material that is punishable for the offence
of sedition under the Indian Penal Code.
6. If a District/ Sub-Divisional Magistrate/ Magistrate of First Class has reason to believe that
any person is confined unlawfully, he may issue search warrant for the search of that person.
Constitutional Validity of Search Warrants: In several cases, the constitutional validity of search warrant
has been questioned. For instance, in the case of V. S. Kuttan Pillai v. Ramakrishnan,  wherein it was
opined that a search of the premises occupied by the accused does not amount to compulsion on him to
give evidence against himself and hence was not violative of Article 20(3) of the Constitution of India.
Remedies against a Search Warrant
1. Instituting a writ petition under Article 226 of the Constitution for quashing an illegal search
warrant and for return of the seized thing/document.
 2. An order under Section 93 can be set aside under 401 of CrPC in revision if it can be shown
that the Magistrate had not applied its mind judicially.
A search carried out in contravention of law constitutes an actionable trespass and a suit for damages
can be filed against the person executing the illegal warrant.
Body warrant: It is by now well settled that the body warrant/production warrant cannot be equated to
the warrant of arrest. The order issuing the body warrant/production warrant cannot be construed to be
an authorization for detaining the person. Body warrant would be issued only for the purpose of
securing the person who is already detained in custody in another case. The body warrant cannot mean
that the same shall be an authorization to curtail the liberty of a person and to keep him in custody till
the date on which the production is ordered for. If the prisoner who is already detained in 'A' case gets
an order of bail and complies with all the conditions of the bail order, he shall have to be released
pursuant to such bail order, even if the body warrant is issued to the said prisoner in another case i.e.,
'B' case in the meanwhile. The Prison Authorities in such case cannot treat the body warrant in 'B' case
as an authorization to detain the prisoner till he is produced before the 'B' Court. Thus merely because
the body warrant was served on the Jail authorities for production of the detenue who was already
detained, it cannot be said that such prisoner was deemed to have been detained. Since warrant of
arrest was not issued by the Court for arresting the respondent, the accused/respondent could not have
been arrested and produced before the Court. On the other hand, because of body warrant, the
respondent/accused had to be taken from the prison premises to the Court before which is pending
merely for production before the said Court. Thereafter it was always open for the Presiding Officer of
the Court below to decide as to whether the custody of the respondent should be given to the
Investigating Officer or not. The body warrant issued against the accused cannot be equated to
the warrant of arrest; the order issued in the body warrant cannot be construed to be an authorization
for detaining the person. Body warrant is issued only for the purpose of securing the presence of an
accused person, who is already detained in custody in another case and thereby the right of the accused
are not curtailed. 

(c) Explain the various processes to compel the appearance of the accused before the Criminal
Court.08
or
c. Discuss the process to compel the appearance of persons. 07/09/10
Or
c. Explain the procedure to compel the appearance of an accused before the court. 07/08/08
Or
(c) Examine the different modes under which the Magistrate or Court may compel the
appearance of accused or witness? 07/08
The process of Compelling appearance can be explained as the process of Process is defined as any
means used by the court to compel the appearance of a defendant before it or compliance with its
demand.[1] The procedure has been covered under the code for compelling attendance of the person
accused and is declaring such person as a proclaimed offender and attaching his properties, etc. The
provisions which deal with the compelling appearance are sections from 61 to 90 under criminal
procedure code. 
There are ways of the process to compel a person to appear before the court on a certain date.
(1) Summons
(2) Warrant
(3) Proclamation of an absconder and Attachment of his property
(4) A warrant in lieu of summons
(5) Bond, with or without sureties 
• Summons and How to serve: Summons are issued for appearance or for production of document or
thing for justice calling upon the person who is accused or the court needs the person for a particular
case.  Every summons which are issued by the court shall be sealed and in writing by the officer
presiding over, this is said under section 61 of CrPC.[2]Under section 62, The summons shall be served
by a police officer or an officer of the court issuing it or other public servant and the summons has to be
served personally on the person, summoned by delivering a duplicate copy of the summons, who signs
receipt therefore on the back of the other (duplicate) and if the person to whom summoned is not
present then it can be delivered to some adult member in section 64. If the person summoned is a
government servant. Then the court’s order can be given through the employer too (section 66), in case
a corporate firm or company is summoned then the secretary, local manager, or the principal main
officer (section63) can be served the summons. Section 69 states that if the copy of summoning has
been posted and the person summoned refused to accept the summon then the court shall consider the
summon delivered. 
In case of Guthikonda Sri Hari Prasada Rao vs Guthikonda Lakshmi Rajyma,[3] the main contentions in
this criminal petition are that the Court acting upon the refused registered notice and deeming it as
service sufficient is most improper and illegal Because under CrPC section 62 every summons will have
to be served personally and other sources would not be applied. 
• Warrant of arrest and How to Issue: An arrest warrant is a written legal order issued by a judge or any
judicial officer, directing the police to arrest a particular person. Based on the police report. The
magistrate executes it on the legal grounds only. Section 70 of the CrPC explains the essentials needed
for a warrant to be issued for arrest. Warrants are of two kinds: bailable and non-bailable. Section 71
deals with a bailable warrant and lays down the order of the court that if the person to be arrested
executes a bond with sufficient sureties for his attendance and the serving officer shall take care of
security. Warrants are usually directed to the police office to be executed but if there is an urgency then
warrant can be issued to any person for execution under section 72. Any person having local jurisdiction
can be asked to direct a warrant to the offenders. (Section 73). The police or other person directing
warrant have to notify and show him the warrant in section 75. The police officer without any delay
brings the person arrested before the court before which he is required by law to produce such person:
provided that such delay shall not, in any case, exceed 24 hours exclusive of the time necessary for the
journey from the place of arrest to the court Section 76. In section 77, at any place warrant of arrest can
be executed.
In the case of M/s oracle financial services software limited and ors. vs state by Mahadev Pura police
station and ors.[5], section 112 ensures that arrest warrant issued under section 70 shall be complied
with and whoever fails to abide by the order of the court with the police report shall be convicted. The
people are bound by the reasonable directions of the police. 
• Proclamation of Offender and the attachment of properties: When a warrant has been issued by the
court against a person who has been concealing facts or absconding from the warrant then the court
may publish a written notice requiring him to appear at a specified place and at the specified time not
less than 30 days from the date of publishing such proclamation. 
The proclamation shall be published by publicly reading in front of town or village etc or by affixing in
some common part of the house or if the court finds it deemed then it can be published in a daily
newspaper or magazine which has access to normal people. (Section 82). The court can issue the order
under section 83 for the property or any other attachment if it is satisfied that the person against whom
the order is issued to dispose of the whole property or some. The order given by the court is for the
appearance of the absconder so the court can attach the order for property/attachments with a
proclamation. Any third person can object the property attachments with the proclamation though
every such claim or objection shall be discussed in court in which it may be agreed or disagreed. (Section
84). The property acquired shall not be disposed of before 6 months of objection in case court decide in
favor of the claimant but if the attachment has a perishable nature the court may sell whenever deemed
fit under section 85 of the code. The property proceeds and deducting the costs anything left, if
proclaimed by the person appears within two years from the date of the attachment and satisfies the
court that he did not abscond to avoid the warrant and if the court believes that they would return the
attachment or property under section 85 to absconder. 
In the case of Safayatullah Khan And Ors. vs The State of Bihar,[6] the sections of CrPC 82 and 83 are
pleaded to be illegal and arbitrary. The petition said that these sections were against the law, bad,
arbitrary and without jurisdiction and also claimed compensation regarding for inappropriate appliance
of law. 
• Warrant instead of a summons: When any person who should appear before the court does not
appear, the officer presiding can issue a warrant against him and produce before the judge. This case
happens when the court faces the situation when the court has summoned a person already but that
person does not present in the court, not obey the directions in the summon, does not appear hence
further warrant is issued. A Magistrate would not issue a warrant either instead of or in addition to
summons unless he has previously recorded the reason for his so doing. (Sections, 87, 89).
In the case of Chandra Swami vs Cbi  [7] court came to conclusion related to section 87 that the Court
has to record its reasons, in writing, for issuing such a warrant instead of summons or in addition to
summon.
• Bond of Appearance : If the person’s attendance has to be secured in the court, he should be made to
execute a bond with or without sureties for his appearance assurance. When in any court the officer has
the power to issue summons against a person or may require someone to execute bond there. When
the person against whom the warrant is issued get directed to be present before the court but does not
appear in court, the officer may direct the person’s arrest.  (Ss. 88-89).
Conclusion : The compelling appearance of a person by the court or judiciary through different methods
draws to the conclusion that the law has provisions for the persons who disobey the orders of the court
and when the court needs any man can be summoned or warrant can be issued. The sections from 61-
89 give the crux of the matter and the precedents in the Indian law also keep on discussing the matters
regarding the compelling procedure. 

(c) Explain the procedure for presenting the complaint and under what circumstances
the Magistrate may take cognizance. 07/08/08
Answer: The Complaint is defined in Section 2(d) of CrPc 1973. As per this section, it states that any
allegation made verbally or in writing to a Magistrate, to take action under this Criminal Procedure
Code, that some person, whether known or unknown, has committed an offence, but it does not include
a police report or statement.
Essentials of a Valid Complaint:
The following are the essentials of a valid complaint;
 A complaint requires an allegation of commission of an offence by offender.
 The complaint can be orally or in writing.
 The complaint must be made to a Magistrate.
 The complaint should be made to take action by the Magistrate.
Section 200 – 203 deals with the complaint to the magistrate in Criminal Procedure Code 1973.
Section 200 Examination of Complainant:
A complaint is made to the Magistrate in a view with taking cognizance of the offence, where it the
Magistrate takes cognizance of the offence on a complaint, the first step is to examine the complainant
and the witnesses present and the matter of such shall reduce to the writing of the examination and
signing it by the complainant and the witnesses and the Magistrate.[ii]
In the case Gurudas Balkrishna v. Chief Judicial Magistrate Goa[iii] , a complaint was filed by the
applicant on 31st July 1992 here the Magistrate has not even recorded his statement for the verification
of the complainant for several months. It was held that the Magistrate to record the evidence for the
complainant and the witnesses, if any, within a week from the date of its order, and the magistrate is
not permitted to delay the verification for months.
Procedure By Magistrate Not Competent To Take Cognizance Of The Case (Section201):
If the complaint in writing has been made to Magistrate not competent to take the cognizance of the
offence, he shall;
 The Magistrate can return the complaint about the presentation to the proper Court with
approval to that conclusion.
 If the complaint is not in writing then the Magistrate shall direct the complainant to the
proper Court.[iv]
If an offence has occurred in the presence of the Magistrate, here the Magistrate has the power to take
the Cognizance of offence directly by filing a complaint or he can appoint his subordinate to file a
complaint against accused and it is clearly explained in Section 153(3) of CrPc.
In this case, Rajendra Singh v.  State Of Bihar,[v] the court acquitted the accused under the ground that
the court has no jurisdiction to take action over the complaint. Hence it was held that the order of
acquittal was illegal as the court can return the complaint about the presentation to the proper court
instead of acquitting the accused.
Section 202 Postponement Of Issue of Process:
Any Magistrate on the acceptance of a complaint of an offence which he is authorized to take the
cognizance may, if he thinks suitable, may in this case where the accused is residing at a place beyond
the area of jurisdiction then the postponement of issue of process against the accused, and either
investigate into the case himself or order an inquiry to be made by the police officer for the purpose of
deciding whether there is sufficient ground for proceeding.
If the complainant is not made by a court, no such direction for investigation shall be made unless the
complainant and the witness present (if any) have been examined under Section 200.[vi]If the complaint
is exclusively trialable by the Court of Sessions then the Magistrate shall not direct the complaint about
the investigation.
In D Lakshminarayan v. Narayana,[vii]the Supreme Court observed that the sub-section (1) of
Section202 CrPc 1973, a Magistrate who receives a complaint disclosing offence exclusively trialable in
Sessions Court is not debarred from sending it to the police for investigation.
The Magistrate can issue process without a police report under the material facts as per the Section 202
CrPc.The issue of process can be in summons or order and it is the power of the Magistrate to provide it
by checking into the facts provided. With the 2006 amendment in Sec 202 CrPc, it is a duty of
Magistrate to hold the inquiry or the investigation as the accused may be residing not beyond the area
where is exercises his jurisdiction.
Object of Section 202 CrPc:
The following are the objects of section 202 The Code of Criminal Procedure:
 To determine the facts of the offence.
 To prevent wastage of time of the Court.
  To help the Magistrate to see whether there are sufficient ground and proceeding of the
case.
Section 203 Dismissal Of Complaint: The Magistrate after considering the statements on the oath of the
complainant and the witnesses and the result of the investigation or inquiry under S.202, there in his
judgement no sufficient grounds for proceedings then he shall dismiss the complaint, and record his
reasons for dismissing the complaint.
In Hansabai Payagude v. Ananda Payagude,[viii]here the accused was discharged after considering all
the documents produced by the complainant and thereafter a new prosecution was filed under the
same facts. On these facts, the Court held that the court may not consider this as there is no sufficient
ground for proceeding with the complaint unless he is satisfied with some additional evidence
approaching.
Filing Of Second Complaint: If the first complaint of the complainant was dismissed by the Magistrate
under Section 203, a second complaint may be filed by the complainant, but it is allowed only under
some exceptional circumstances on the same fact exist.
Effect Of Dismissal: The Magistrate has no power to review the order of dismissal of the first complaint
and it leads to the legal determination of complaint If the complaint is dismissed for the default it
cannot be revived by order of dismissal.

3 Examine the procedure relating to trial by magistrate in warrant cases. 08/07

Warrant cases means the cases which are a more serious offence that is punishable with death, life
imprisonment or imprisonment for a term exceeding two years. The trials of warrant cases are
conducted by the Court of Session or by Magistrate. If the offence is more serious then it is triable by the
Court of Sessions, whereas if the offence is less serious warrant case then it is triable by the Magistrate.
Trial of Warrant cases is divided into two parts:
i) “Trial before a Court of Sessions”
ii) “Trial by a Magistrate”
Trial before a Court of Sessions (Section220-237)
Section 225-Trial to be conducted by the Public Prosecutor.
Before a Court of Session, the prosecution shall be conducted by the Public Prosecutor. The Public
Prosecutor represents the State in all the trials before the Court of Sessions. In Shiva Kumar v. Humum
Chand[i] , it is held that the prosecution in the Court of Sessions should be conducted by Public
Prosecutor and no other person can conduct.
Section 226-Opening Case For Prosecution.
When the accused commits an offence under Section 209, and the accused was brought before the
Court, the Prosecutor shall open his case by explaining the charge against the accused and states the
evidence he proposes to prove the guilt of accused. The opening of prosecution always is to matters
which are necessary to follow the evidence. It is not necessary to include the full documents of evidence
to present before the Court Of Sessions during the opening of prosecution. The Prosecutor is required to
address the witnesses of the case and whom he proposes to call.
Section227-Discharge
The Court, after consideration of the records of the case and the documents submitted, and hearing the
prosecution and the accused, if the judge considers that there is no sufficient ground for proceeding
against the accused, he shall discharge the accused under Section227. And it is necessary to record the
reasons for discharging of accused.
Section 228-Framing Of Charge
The Court, after considering the record of cases and documents as evidence and hearing the prosecution
and the accused, if it is found that the accused has committed the offence, and exclusively triable in
Court of Session, he will frame the charge against the accused. If the case is not exclusively triable in
Court of Session, the judge may frame the charge and transfer the case to Chief Judicial Magistrate or
any other Judicial Magistrate of First Class
In Bhawna Bai v. Ghanashyam& Ors [ii], it was held that while framing the charges, prima facie case has
to be seen and at that stage, the Court is not required to record order. Also, it is not necessary to record
whether the case is beyond reasonable doubt
According to sec228(2) of CRpC the charge must be read and explained to the accused by the Court and
ask the accused whether we want to plead guilty.
Section 229 – Conviction on Plea of Guilty
Under this section, the Court can accept the plea of the accused and he also ensures that the plea of the
accused is made by himself, not under any influence. The judge after recording the plea may in his
discretion convict the accused.
Section 230 – Date For Prosecution Evidence and Section 231 – Evidence for Prosecution
If the accused refused to plead guilty or does not plead, or claim to be tried then the Judge may issue
any process for compelling the production of any document or for the attendance of the witness or
other thing. The judge shall proceed to take all the evidence produced by the Prosecution.
Section 232 – Acquittal
If there is no evidence against the accused then the judge can order acquittal under Section232 or the
evidence submitted by the prosecution against the accused, if the court found it as groundless then a
judge can order an acquittal
Section233 – Defence
If the accused is not acquitted the steps for defence may starts and he shall be entered on his defence to
produce the evidence in his support. The evidence produced by the defence in written form will be filed
by the Judge as a record.
Section 235 – Judgement Of Acquittal or Conviction and Section 236 Previous Conviction
After hearing the arguments(Section 234 CrPC), the judge will decide the case. The judgement of
acquittal or conviction is only after the hearing of both the prosecution and the defence. Section 236 of
CrPc states that, if the accused is convicted previously under Section 211(7) and if the accused not
admitting the previous conviction, then the judge may call for the evidence of the previous charge.
Trial Of Warrant Cases By Magistrate
Section 238 – 250 deals with the trial of warrant cases by the magistrate. And it is classified into two
types:-
1.Trial of Cases Instituted on Police Report
2. Trial of Cases Instituted Otherwise than on Police Report
Before the trial, the Magistrate assure that accused has been supplied with copies of FIR, Police report
and the statement recorded by police from the witnesses and all other necessary documents that stated
under Section 207 CrPC.
Discharge of Accused- Section 239
Considering the police report and other documents, the Magistrate finds the charge against accused as
baseless, he shall discharge the accused and record the reasons. The discharge of the accused is before
the framing of charges. But the order of discharge under the section will not amount to the acquittal of
the accused as the trial is not commenced.
Framing of Charges- Section 240
The Magistrate, after considering the police report, documents and records of case will frame the
charges against the accused if he is satisfied with the grounds for presuming that the accused has
committed the offence. And after framing the charges it shall be read and explained to accused and shall
be asked whether the accused is guilty.
Evidence For Prosecution – Section 247
The accused refused to plead, or does not plead, or claims to be tried the Magistrate fix a date for the
examination of prosecution witnesses. And the Magistrate, on the application of the prosecution, will
issue a summons to any person as a witness and ask him to produce the documents.
Statement Of Accused
Under Section 313 CrPc accused is examined to explain the circumstances appearing in evidence of the
case against him. During the examing of the accused the questions and answer which given is recorded.
Evidence For Defence
The accused enters upon the defence and produce the evidence and if the accused puts in a written
form, the Magistrate file it to record. In Rasik Behrj v. State of U.P [iii], it was held that after the
examination the accused may call for entering the defence and produce the evidence and it is
considering as a right of the accused. The Magistrate has to give a reasonable opportunity to the
accused to produce evidence.
Argument And Judgement
The last two stages are consist of argument and the judgement by the Magistrate. The argument is
when the defence complete with their evidence, and Prosecutor sum up the case and the accused or his
lawyer has to reply on it. After the argument, the next stage is acquittal or conviction of the accused by
the Magistrate.

c. Analyze the powers of the Police to Investigate. 06/07/08

or
c. Explain the powers of a police to investigate cognizable and a non-cognizable offence. 06/07/08
Answer: An investigation is an important segment of criminal procedure. The first step after a crime is
committed or information received by a police officer about the commission of an offence is
“investigation.” The purpose is to identify the offender and proceed him for trial so as to serve him with
punishment as per the provisions of the Code. Section 156 of the Code of Criminal Procedure confers
powers on police officers to investigate cognizable cases. In Non Cognizable cases, the police officer has
no authority to investigate without warrant and has to obtain a warrant under Section 155 (2) of the
Code. The term “investigation” has been defined in section 2(h) of the Code. Chapter XII (Sections 154 to
176) of the Code deals with information to police and their powers to investigate.
The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure,
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.
[1]
The investigation of an offence consists of:
1. Proceeding to the spot.
2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
o Examination of persons concerned and reducing their statement to writing.
o Search and seizure of places and things respectively considered necessary.
5. Formation of opinion as to whether there is a case for trial, and taking necessary steps
accordingly.
Powers of Police Officers
  Attendance of witness: Section 160 of the Cr.P.C. empowers the police officer to require the
attendance of witnesses who are within the jurisdiction of such police station. However, where
the male person is below the age of 15 years or above the age of 65 years or woman or
physically or mentally infirm person, the attendance of such person will be required at his place
where he resides.
 Examination of witness: As per section 161 of the Code the police officer who has the power to
investigate will examine the witness and reduce their statements in writing. This section also
empowers to record the stamen in audio-visual electronic means. Moreover, a woman police
officer is required to record the statement of the woman against whom an offence is committed.
 Preparation of charge sheet: A police officer is empowered to submit a charge sheet post
investigation. It includes a copy of FIR, statement of the complainant, witnesses, panchnama,
dying declaration etc.
 Other powers of a police officer:
a. Police are empowered to extend the custody of the accused up to 15 days when the
investigation is not completed within 24 hours.This custody could be increased beyond
15 days with the permission of Magistrate if there are sufficient grounds. However, no
custody would increase beyond 90 days in a case where the offence is punishable with
death or life imprisonment or 10 years imprisonment and 60 days in any other offence.
b. To make the medical examination of a rape victim.
 powers of the police in cognizable offences: Section 156 of the Cr.P.C. provides all powers to
police to investigate cognizable offences. According to this section, a police officer is entitled to
investigate the cognizable offences without the order of Magistrate. The section also immunes
the police officer by prohibiting any proceedings to be called in question on the ground that
such police officer exceeded or was forbidden to exercise such power under the section.
 powers of the police in non cognizable offences: The powers of the police in non cognizable
offences are limited as a comparison to powers in cognizable offences. A police officer is not
entitled to investigate a non cognizable offence without the order of Magistrate. A police officer
is required to obtain an order in order to investigate a non cognizable offence. As soon as the
order to investigate is received, the police acquire the same power to investigate a cognizable
offence. However, no arrest can be made by a police officer without a warrant in the non-
cognizable offence.
 procedure to investigate under Cr.P.C: Section 157 deals with the procedure to investigate. A
procedure to investigate starts after the intimation to the police. Where a police officer receives
information regarding the commission of any cognizable offence, he is required to report the
same to the Magistrate. A Magistrate is empowered to take the cognizance of such offence.
However, where the information is received of the commission of any offence not serious in
nature a police officer is not required to proceed with the investigation on spot.   Moreover, in
rape cases, the statement of the victim will be recorded by a woman police officer.
In Kari Chaudhary v. Sita Devi it was held that the object of investigation is to find out whether the
alleged offence has in fact been committed, and, if so, who have committed them. However, where
there is the commission of any offence which is not of serious nature there is no need to proceed with
the investigation on the spot. Also, where it appears to the police officer that there no sufficient reason
for the investigation, he shall not proceed with it. All such information is required to be mentioned by
the police officer furnishing the report that he will not conduct any investigation.

3. a. Define ‘Confession’. 02
The Code of Criminal Procedure, 1973 contains four essential provisions that deal with confession
before a Judicial or Metropolitan Magistrate. A confession can only be recorded by a Judicial Magistrate
or a Metropolitan Magistrate.
Section 163 mandates that the accused person or the confessing person must not be induced or
threatened to confess the offence even if evidence shows that he is the offender.
SEC-164(1) of the Criminal Procedure Code, 1973 states that “Any metropolitan magistrate or judicial
magistrate may, whether or not he has jurisdiction in the case, record any confession or confession
made to him in the course of an investigation under this chapter or under any other law for the time
being in force, or at any time afterwards before the commencement of the inquiry or trial:
Provided that no confession shall be recorded by the police officer on whom any power of magistrate
has been conferred under any law for the time in force.
The primary purpose of Section 164 CrPC is to give a technique for examination of a person who
confesses his guilt before a Magistrate. It describes the entire procedure and circumstances in which a
confession must be recorded.

3. (a) What are the contents of Summons? 02/02/02

Or
3. a. Specify the contents of Summons. 02
Or
4. a Specify the ‘Contents of Summons’? 02
Or
3. a. State the contents of Summons. 02
Summons(61-67 of CrPc) is a document issued from the office of Court of justice calling upon the person
to whom it is directed to appear before a judge or officer of law. Every summons shall be in writing and
duplicate, signing and sealed by the presiding officer of the court issuing it. It must state in clear terms
the tittle of the court, the place, date and time when the attendance of the summoned person is
required. Thus, the summons is a milder form of process; it is an order from the court directing a person
before court on a particular date. It may be issued for (a) personal appearance, or (b) producing a
document or thing. A summons for appearance may be sent to –
1. An accused person,
2. A person to so cause against some order,
3. A person proceeded against maintenance of wife and children, neglected by him.
4. A witness.
Every summons issued by the court under the provision of the Code of Criminal Procedure shall be in
writing in duplicate, signed and sealed by the presiding officer of the court issuing it or any other officer
as may be directed by the High Court by any rule.

4. a. What is taking cognizance of an offence? 02

‘‘Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking ‘cognizance of
offences’ means taking notice, or becoming aware of the alleged commission of an offence
The Code of Criminal Procedure has not specified what cognizance is.  The dictionary meaning of the
word ‘cognizance’ is ‘judicial hearing of a matter’. The judicial officer will have to take cognizance of the
offence before he could proceed with the conduct of the trial. Taking cognizance does not involve any
kind of formal action but occurs as soon as a magistrate as such applies his mind to the suspected
commission of an offence for the purpose of legal proceedings. So, taking cognizance is also said to be
the application of judicial mind.
It includes the intention of starting a judicial proceeding with respect to an offence or taking steps to see
whether there is a basis for starting the judicial proceeding. It is trite that before taking cognizance that
court should satisfy that ingredients of the offence charged are there or not.
If a magistrate involves his mind not for reason of proceeding as mentioned above, but for taking action
of some other kind, example ordering investigation under Section 156(3) or issuing the search warrant
for the purpose of the investigation, he cannot be said to have taken cognizance of offence.
The term ‘Cognizance of offence’ has not been defined in the Criminal Procedure Code.  Section
190, 191, 192, 193, 194, 195, 196, 197, 198 and 199 deals with methods by which and the limitations
subject to which various criminal courts are established to take cognizance of offences. However, the
meaning of the term is well defined by the Courts. Taking cognizance is the first and foremost steps
towards the trail. The judicial officer will have to take cognizance of the offence before he could proceed
to conduct or trail.

3. (a) When the police may arrest without warrant? 02

Answer:
Any police officer may without an order from a Magistrate and without a warrant, arrest any person as
per section 41 of CrPC as;
 who has been concerned in any cognizable offence, or against whom a reasonable complaint has
been made, or credible information has been received, or a reasonable suspicion exists, of his
having been so concerned; or
 who has in his possession without lawful excuse, the burden of proving which excuse shall lie on
such person, any implement of house-breaking; or
 who has been proclaimed as an offender either under this Code or by order of the State
Government; or
 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;
or
 who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to
escape, from lawful custody; or
 who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or
 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; or
 who, being a released convict, commits a breach of any rule made under Sub-Section (5) of section
356; or
 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 there from that the person might lawfully be
arrested without a warrant by the officer who issued the requisition.
 Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any
person, belonging to one or more of the categories of person specified in section 109 or section 110.

4. (a) State as to how search of an arrested person is made? 02

Section 51 of CrPC allows a police officer to make personal search of arrested persons. With regard to the
provisions of this section, the reference may be made to Article 20(3) of the Constitution of India which is a
guarantee to the accused against self-incriminating testimonial compulsion. Though an accused cannot be
compelled to produce any evidence against him, it can be seized under process of law from the custody or
person of the accused by the issue of a search warrant.
1. Whenever a person is arrested by a police officer under a warrant which does not provide for the taking
of bail, or under a warrant which provides for the taking of bail but the person Arrested cannot furnish
bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and
cannot legally be admitted to bail, or is unable to furnish bail.
The officer making the arrests or, when the arrest is made by a private person, the police officer to
whom he makes over the person arrested, may search such person, and place in safe custody all
articles, other than necessary wearing-apparel, found upon him and where any article is seized from the
arrested person, a receipt showing the articles taken in possession by the police officer shall be given to
such person.
2. Whenever it is necessary to cause a female to be searched, the search shall be made by another female
with strict regard to decency.

4. a. Mention the procedure to be followed by a Magistrate if he makes an arrest. 02

Section 44 lays down the provision of arrest by a magistrate. According to Section 44(1), a judicial or
executive magistrate may arrest a person when an offence is committed by such a person in the
presence of a magistrate, within his local jurisdiction. He may himself arrest such a person or order for
such a person to be arrested. Further, he may commit the offender to custody subject to the provisions
of bail under the Act. 
As per Section 44(2), an Executive or Judicial Magistrate may arrest or direct the arrest of any person for
in his presence within his local jurisdiction, provided he is competent to issue a warrant for the same at
the time and circumstances. 
The difference between the two subsections is that under Section 44(1) the magistrate is empowered to
arrest a person and order him to custody whereas, under Section 44(2), the magistrate can only arrest
the person who is suspected of committing an offence. 
In Ram Chandra v. State of Uttar Pradesh (1977), it was observed that the omission of power to commit
such suspects to custody is not accidental but deliberate. 

2 Discuss various process for securing appearance of persons. 03

Ways for processes to compel a person to appear in court they are - 
 1) Summons - 
 2) Warrant 
 3) Warrant in lieu of summons 
4) Proclamation of an absconder 
5) Attachment of his property and 
6) Bond with or without sureties to appear before a court on a certain date. 

3. a. What is meant by „Proclamation‟? 02

In a legal sense, the term ‘proclamation’ refers to an official announcement. Here, it is one of the ways
of compelling a person to present himself before the Court of law.
Section 82 of the CrPC has laid down the conditions when a person could be proclaimed as an
absconding offender. In situations when a Court has issued a warrant against a person and the Court has
a reason to believe that such person has either eloped or is concealing himself so as to ditch the Court,
the Court may issue an order of proclamation against such person, ordering them to appear before the
Court on a certain date, at a certain time. 
The Court can issue an order of proclamation, both before and after procuring evidence against the
person who is absconding. It should be noted that the person to whom the proclamation is addressed
shall be given a period of a minimum of 30 days to present themself before the Court. 

4. a. Specify the value of „FIR‟. 02

First Information Report (FIR) is the knowledge or information of any occurrence especially related to
crime or the subjects which are either restricted or prohibited by law. The term FIR is not defined
anywhere in our law. The purpose of FIR is to bring the law into the action of cognizance of any offence,
and with the cognizance, it is the duty of the state to offer redressal to the victim and protect the society
from such offences.
The evidentiary value of FIR is very important than any other statements during the process of
cognizance of any offense or at the time of initiating the investigation about information recorded as per
Section 154 or 155 of CrPC. But at the same time the established principle of law that FIR cannot be
assumed as a substantive piece of evidence and can only be considered as an important piece of
evidence. The reason for which the FIR is regarded as an important piece of evidence is- because of its
nature that it is the first information of the cognizance of any offence, and it can be of very important
nature as it will help in the initiation of investigation about the offences.
The reasons why FIR are treated as an important piece of evidence:
1. For corroborating the statements made by the person who recorded the FIR.
2. For cross-examination of the statements made by the person in the FIR.
3. For refreshing informer’s memory.
4. For impeaching the creditworthiness of the informer.
5. For the purpose of ascertaining the general facts like the identity of accused, witnesses, time
of offenses etc.

4. (a) What is ‘Charge’? 02/02/02

charge means informing the accused person of the grounds on which the accused is charged. A charge is
defined under Section 2(b) of the Criminal Procedure Code, 1973 which states, the charge includes any
head of the charge when the charge contains more than one head. 
The case of V.C Shukla v. State (1980) explains the purpose of framing charge is to give intimation to the
accused, which is drawn up according to the specific language of the law, and giving clear and
unambiguous or precise notice of the nature of the accusation that the accused is called upon to meet in
the course of a trial. 
A charge is dealt with under Chapter 17 of the Criminal Procedure Code, 1973.
Section 211 of Cr.PC constitutes essentials elements of the contents of the charge:
1. The charge form shall state the offence for which the accused is charged. 
2. The charge form shall specify the exact offence name for which the accused is charged. 
3. In case there is no specific name given under any law for the offence which the accused is
charged with, then the definition of the offence must be clearly stated in the charged form
and informed to the accused. 
4. The law and provisions of the law to be mentioned in the charge form. 
5. The charge shall be written in the language of the court. 
6. The accused shall be informed about his previous allegations which would expose him to
enhanced punishments if found guilty for the offence charged. 
3. a. Mention the contents of arrest warrant. 02
Section 70 of the Criminal Procedure Code states the aspects of a warrant of an arrest. Every warrant of
arrest that is issued by a Court under this Section has to be in writing and signed by the presiding officer
of the respective Court. The warrant should also bear the seal of the same Court that issued the
warrant. A warrant of an arrest shall remain in force unless it is cancelled by the respective Court that
published it in the first place, or until it is executed. Form No. 2 of the Second Schedule shows the form
of a warrant of arrest. The following are the requirements that are to checked off to issue a legal order
of arrest.
1. The warrant of arrest must be in writing.
2. The warrant must state the name and the designation of the individual who is to execute the
order.
3. The warrant must give the full name and the description of the person who is to be arrested.
4. The warrant must state the offence charged on the individual.
5. The presiding officer must sign the warrant of arrest.
6. The warrant of arrest must be sealed.
The warrant of arrest is generally issued for the protection of an individual before the concerned Court
and not for the police officer. Under Section 76 of the Code, a police officer or another person in power
to execute a warrant of arrest shall bring the individual arrested before the Court. The arrest is subject
to the provisions of Section 71 that talks about security. The arrested individual must be brought before
the Court without any unnecessary delay. If delayed, it should be ensured that the delay shall not, in any
case, exceed 24 hours excluding the time required to get from the place of arrest to the Magistrate’s
Court.
4. a. What is a police report? 02
The Police Report is an oral and written record of acceptance of the facts and prosecutions as described
in the Code of Criminal Procedure 1973. The Police Officer shall send a report to the Magistrate
pursuant to subsection (2) of Section 173. The report referred to in Section 173 is a report on the
findings of the investigation carried out under Chapter XVI the commencement of proceedings before
Magistrates of the Police Report. The final report ends the evaluation process by means of a formal
action plan.
Police reports are used to prosecute a defendant at the beginning of a criminal case and to bring civil
proceedings against an individual. Police reports act as a factual summary of an incident in order to
investigate crimes, including on the form a case number or item number as indicated on or near the top
of the form.
the content of police reports also explains what victims, offenders, and witnesses heard. It is also likely
that officers take photos, draw out sketches, and take distance measurements or objects attached to a
police report.

b. P, a Police Officer after completion of investigation has filed the charge sheet, to the Court. Can the
police file an additional charge sheet thereafter? 04/05
Answer: Sec 173(8): if the investigating police officer discovers extra evidence as to the innocence or
guilt of the accused person, the officer must in the interest of justice be permitted to make additional
investigation and to forward supplementary report(s) to the concerned magistrate. And this proposition
of law has been enacted under Sub-Section (8) of Section 173. This provision delegates an explicit and
specific power upon the investigating officer to continue addition investigation even after cognisance
has been taken by the court.

b. G, a Magistrate order for the production of a document from the custody of A. But A refuses. Can
he do so? 04/05
Section 349: If any witness or person called to produce a document or thing before a Criminal Court
refuses to answer such questions as are put to him or to produce any document or thing in his
possession or power which the Court requires him to produce, and does not, after a reasonable
opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court
may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under
the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for
any term not exceeding seven days, unless in the meantime, such person consents to be examined and
to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may
be dealt with according to the provisions of section 345 or section 346.

(b) ‘D’, a Magistrate has framed Charge and during the course of Trial he realizes that
the Charge framed by him is not proper. Can the Magistrate alter the Charge? 03/04/05
Section 216 of the Code empowers all criminal courts including Judicial Magistrate’s Court, Session’s
Court and even High Court to alter the charges levied against the accused if the court founds that there
is a need to alter charge due to certain event, incident or circumstances. The power is vested upon the
court which means that it is the discretion of the court to entertain the request for alteration of charge.
Section 217 of the Code summarizes the impact of the charge alteration on the trial. The impact does
not mean the adverse impact but how to go about the trial. It has to be noted that charge can be altered
by the court at any time before the sentence is passed.
Thus, there can be situations when by the time application for alteration of charge is entertained,
several witnesses might have been examined. Further, the prosecutor may have completed all its
examination but it may require to examine more witnesses for the altered charges
Therefore, Section 217 of CrPC allows the parties to call additional witness, recall or resummons
witnesses already examined and examine them again for the altered charges. The court must ensure
that calling the witness is only for meeting the ends of justice and not to vitiate the purpose of trial or to
delay the proceedings of the court.

b. A police officer after completion of investigation and filing the charge sheet before the Court, can
he re-investigate? If so when? 04/05
Re-investigation is a process of investigation denovo and CrPC is silent in relation to the process of re-
investigation. Re-investigation without permission is prohibited but further investigation is permissible.
The re-investigation wipes out the investigation done earlier. Normally, the High Court or Supreme Court
as a principle, reserves the right for ordering “a fresh investigation”, when it is of the view that the
investigation was flawed.
The High court in exercise of its power under Article 226 of the Constitution of India can always issue
appropriate directions to either Investigate, Further Investigate and or Re-investigate, at the instance of
aggrieved persons, if the High court is convinced that the concluded investigation was mala fide.

b. ‘E’, a Magistrate of First Class issues summons to post office at Mysuru to produce a parcel which is
in custody of postal authorities. But the post master refuses to produce the same. Decide. 03/04/05
Or
(b) ‘C’, a Magistrate of First Class issues summons to Post Office at Mysore to
produce a parcel which is in custody of Postal Authorities. But the Post Master
refuses to produce the same. Is Post Master justified in refusing to produce the
parcel? Explain. 03/04/05
92. Produce as to letters and telegrams.
(1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of
the District Magistrate, Chief Judicial Magistrate, Court of Sessions or High Court wanted for the purpose
of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or court may
require postal or telegraph authority, as the case may be, or deliver the document, parcel or thing to
such person a the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or
Judicial, or of any Commissioner of police or District Superintendent of police, wanted for any such
purpose, he may require the postal or telegraph authority, as the case nay be, to cause search to be
made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief
Judicial Magistrate or Court

b. ‘S’, soon after committing a crime confesses before an MLA who assures to finance him in court
proceedings. Is the confession valid? 03/04/05
no

(b) C, a Judicial Magistrate of First Class issues a warrant against Y, directing the local police to arrest
him. But the police refuse to execute the warrant. Are the police justified in doing so? Give reasons.3
Or
b. B, a Magistrate First Class, issues summons against A, directing the local police to serve the same.
However, the police refuse to serve. What is the next course of action? 03/04/05
Sec 62 police to serve summons, he cannot refuse

b. Z, an accused was confessing before the court to have been found bribed to do so? State the
validity of the deposition of the accused. 03/04/05
not valid

(b) Y commits an offence in the presence of the Executive Magistrate. What action can be taken by the
Executive Magistrate? 03
he can arrest himself or can ask police officer to arrest

b. „M‟, a Magistrate orders the attachment of properties belonging to a proclaimed offender. But the
accused sold the property to the third person. Discuss. 04/05
If the sale happens after the award, the buyer shall loose

b. K is an officer of the armed forces. When he is attending a friend’s wedding, he gets into an
altercation with M and assaults him with a stick. Can the police arrest him without a warrant? Give
reasons. 03
no

b. It is brought to the notice of the jurisdictional Executive Magistrate that one V is digging a well next
to a public pathway thereby causing nuisance and danger to passersby. What procedure should the
Executive Magistrate follow? 03
can file a complaint and ask police to investigate
 Unit III
c. Discuss the provisions relating to the trial of summons case? 07/08
Or
(c) Explain the procedure to be adopted for trial of Magistrate in Summons Trial.07/08/08
or
c. Explain the procedure to be adopted for trial of summons case. 06/07/08
Answer: Introduction to Summons Cases: The Criminal Procedure Code of 1973 is, as is clearly indicated
by its title, a comprehensive enactment laying down the law relating to criminal procedure.As per the
Code, criminal trials can be divided into three categories namely: warrant cases, summons cases and
summary trials.
The term “summons cases” has been defined, in a negative sense, under Section 2(w) of the CrPC as “a
case relating to an offence, not being a warrant case”. On the other hand, a “warrant case” means a
case relating to an offence punishable with death, imprisonment for life or imprisonment for a term
exceeding two years
The two definitions, thus, lead to the conclusion that the basis of classification between summons case
and warrant cases is the seriousness of the offence. This classification becomes applicable while
determining the type of trial procedure to be adopted in a case. The trial procedure provided for
summons cases is devoid of much formality and technicality as in warrant cases since the former is
relatively less serious in nature. Chapter XX (Ss. 251-259) of the Criminal Procedure Code delineates the
procedure for trial of summons cases.

The following are the stages to be followed in respect of procedure relating to the trial of summons
case:
Substance of accusation to be stated to the accused: When in a summons cases the accused appears or
is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to
him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be
necessary to frame a formal charge. It is necessary that the accused should have a clear statement made
to him as to the particulars of the offence of which he is charged. An accused may not be convicted even
on his admission of guilt if the prosecution report does not make out an offence under a statute.
Conviction on plea of guilty: If the accused pleads guilty, the Magistrate shall record the plea as nearly
as possible in the words used by the accused and may, in his discretion convict him thereon.[6]
If the accused admits some or all of the charges alleged by the prosecution but pleads “not guilty”, the
court is bound to proceed according to law by examining the witnesses of prosecution and defence.[7]
Conviction on plea of guilty in absence of accused in petty cases: Section 253 of CrPC provides an even
simpler procedure for disposing of petty cases without the presence of accused in the court. Where the
accused wants to plead guilty without appearing in the court, the accused is supposed to send Rs.1000/-
by post or through a messenger (pleader) to the Magistrate. The Magistrate can on his discretion convict
the accused.
Procedure when not convicted by the Magistrate: [Hearing the Prosecution and Defence case]
If the Magistrate does not convict the accused under Section 252 or Section 253, the Magistrate shall
proceed to hear the prosecution and take all evidence as may be produced in support of the
prosecution, and also to hear the accused and take all such evidence as he produces in his defence.[8]
The Magistrate may, on the application of the prosecution, issue summons to any witness directing him
to attend or produce evidence.[9] The Magistrate is bound to examine all the witnesses and he is not
empowered to limit the number of witnesses.
The Magistrate may, before summoning any witness on such application, require that the reasonable
expenses of the witness incurred in attending for the purposes of trial be deposited in court.[10]
Acquittal or conviction: If the Magistrate after considering evidence finds the accused not guilty, he
shall record an order of acquittal.[11] He may also decide to release the offender after admonition, or on
probation of good conduct after under Section 360, or under Probation of Offender Act,1958 after
considering the nature of offence, the character of offender and circumstances of the case.[12]
A Magistrate may convict the accused of any offence (amenable to the trial in a summons case) which
from the facts admitted or proved the accused appears to have committed.[13] This can only be done if
the Magistrate is satisfied that it would not prejudice the accused.[14]
If the Magistrate, while discharging or acquitting the accused, thinks that there was no reasonable
ground for making accusation against the accused person, he may call upon the person making such
accusation to show cause as to why he should not pay compensation to the accused person after which
the Magistrate may, for reasons to be recorded, make an order fixing the compensation to be paid by
such person to the accused.[15]
The court can convert a summons case into a warrant case
Section 259 of the CrPC provides that if in the course of the trial of a summons case relating to an
offence punishable with imprisonment exceeding six months, it appears to the Magistrate that in the
interests of justice, the offence should be tried in accordance with the procedure for trial of warrant
cases, he may proceed to re-hear the case in the manner provided by the Code for the trial of warrant
cases and may even recall any witness who may have been examined.
Non-appearance or the death of the complainant: According to section 256 on the date fixed for the
appearance of the accused nonexistence of the complainant will empower the court to acquit the
accused unless the court has the reason to adjourn the case to some other day. Section 256(1) is also
applicable in case of the death of the complainant↓. In case the representative of the dead complainant
does not appear for 15 days where the defendant appeared, the defendant can be acquitted held by the
Supreme Court.[4]
Discharge in case of Summon cases: I summon cases instituted otherwise than the complaint Section
258 authorize the first class Magistrate, with the prior sanction of the Chief Judicial Magistrate, to stop
the proceeding at any stage. Therefore if he stops the proceeding ‘after record of the evidence’ than it is
the pronouncement of a judgment of acquittal, and in case stops ‘before the record of the evidence’ it is
released which has the effect of discharge.

c. Explain the procedure to be adopted in trial of summary cases. 07/08/08

Or
c. Explain the procedure adopted in Summary Trial.06/07/08
Answer: The Code of Criminal Procedure, 1973 is the law that governs procedural aspects. It provides a
mechanism for conducting trials for the offences punishable under the substantive law, i.e, Indian Penal
Code, 1860 and other criminal statutes. The word ‘trial’ has not been defined in the Code.
The stage of a trial begins after the ‘framing of charges.’ The nature of a trial is determined on the basis
of gravity and seriousness of the offence, jurisdiction and the substantive law applicable to it. The
purpose of having different procedures of trial is speedy disposal of cases and thereby reducing the
pendency of cases.
There are three kinds of trials primarily – warrant, summons and summary. Summary Trials are
mentioned in Chapter XXI of the Code of Criminal Procedure,1973. In this trial, the cases are disposed of
speedily as the procedure is simplified and the recording of such cases are done summarily.
In this type of trial, only the offences which fall into the small/petty category are tried. Complex cases
are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the
facts stated in the complaint form the primary basis. The objective of summary trials is the expeditious
disposal of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for
procuring justice in less time.
The legal provisions governing summary trials under the Code of Criminal Procedure, 1973 are Section
260 to Section 265.
Powers: The power to try a case summarily is laid down under Section 260 of the Code of Criminal
Procedure, 1973. The provision bestows power to any Chief Judicial Magistrate, Metropolitan
Magistrate or Magistrate of the first class empowered by the High Court to try the following offences
summarily:
 Offences which are not punishable with death, imprisonment for life or imprisonment for more than
two years.
 The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the value of the
stolen property is not more than 2000 rupees.
 An offence where a person has received or retained a stolen property worth not more than 2000
rupees, under Section 411 of the Indian Penal Code, 1860
 An offence where a person has assisted in concealing or disposing of stolen property, not worth
more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860
 Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860
 If a person insults with the intention of provoking a breach of peace under Section 504 of the Indian
Penal Code, 1860
 In the case of criminal intimidation punishable with imprisonment up to two years or fine or both,
under Section 506 of the Indian Penal Code, 1860.
 The abetment of any of the above-mentioned offences
 If an attempt is made to commit any of the aforementioned offences and if such an attempt is a
punishable offence
 If an act is committed which constitutes an offence, for which a complaint can be filed under Section
20 of the Cattle Trespass Act, 1871
If the Magistrate feels at any point of the process of trial, that the nature of the case is not fit to be tried
summarily then he has the power to recall any witness who may have been examined. After this, he can
proceed for rehearing of the case, according to the procedure prescribed in this Code.
Summary trial by a Magistrate of second class: The Court of a Magistrate of second class is empowered
under Section 29(3) of the Code of Criminal Procedure, 1973 to pass a sentence of imprisonment for not
more than one year or of a fine, not more than 5000 rupees, or both.
Under Section 261 of the Code, the High Court is vested with the power to confer upon the Magistrate
of Second Class, the power to try an offence summarily. The offence should be punishable either solely
with a fine or with imprisonment for not more than six months with/without fine. The scope extends to
any abatement or attempts to commit any such abovementioned offence.
Procedure: Under Section 262 of the Code of Criminal Procedure, 1973, the procedure for summary
trials has been laid down. The procedure followed for summon cases has to be followed for summary
cases as well. The exception in summary trials is, that a sentence exceeding the duration of three
months cannot be passed in case of conviction under this Chapter.
The procedure for a summons case can be briefly stated as follows:
 For a criminal procedure to begin, the first step is to file an FIR or a complaint. This is investigated
upon by the police and evidence is collected. At the end of the investigation, a charge sheet is filed
by the police. This is also called the pre-trial stage.
 The accused person is then taken before the Magistrate who orally reads the particulars of the
offences to the accused. In summons and summary trials, a formal charge is not written down.
 The Magistrate after stating the particulars of the offence committed asks the accused if he pleads
guilty or not. If the accused person pleads guilty, the Magistrate makes a record of the statement of
the accused and then proceeds for conviction.
 If the accused does not plead guilty, the trial begins. The prosecution and the defence are given an
equal opportunity to put their case forward. The Judge may then decide the acquittal or the
conviction of the accused.
 In summary cases, the difference lies at this juncture. If the Judge delivers a judgment of conviction
of the accused – the maximum sentence that can be passed for imprisonment is three months.
Record in summary trials: The procedure to formulate a record in summary trials is laid down in Section
263 of the Code of Criminal Procedure, 1973. In all summary cases, the Magistrate has the duty to enter
the following particulars, in the following format prescribed by the State Government:
 The serial number of the case;
 The date when the offence was committed;
 The date when the report or the complaint was filed;
 The name of the complainant, if any;
 The name, residence and parents’ name of the accused person;
 The offence about which the complaint has been made and any proven offence (if it exists);
 The value of the property regarding which the offence has been committed, if the case comes under
Section 260(1) (ii) or Section 260(1) (iii) or Section 260(1) (iv) of the Code;
 The plea of the accused person and his examination, if any;
 The finding of the Court;
 The sentence or any other final order passed by the Court;
 The date when the proceedings ended.
Judgment in cases tried summarily: Section 264 of the Code of Criminal Procedure, 1973 lays down how
a judgment should be in cases which are tried summarily. The Magistrate has the duty to record the
substance of the evidence along with a judgment containing a brief statement of the reasons for such
finding, in all summarily tried cases where the accused does not plead guilty.
Under Section 326(3) of the Code of Criminal Procedure, 1973 the use of pre-recorded evidence by a
successor judge is barred in the instance when the trial has to be conducted summarily, according to
Section 262 to 265 of the Code.
Language of record and judgment:The provision governing this heading is under Section 265 of the
Code of Criminal Procedure, 1973. All the records and judgments are to be written in the language of the
concerned Court. The High Court can bestow the power upon any Magistrate who is empowered to try
offences summarily, to prepare the above-mentioned record or judgment or both. This can be done
through an officer appointed for the purpose by the Chief Judicial Magistrate as well. Such record or
judgment prepared has to be signed by the Magistrate.

c. What is the procedure to be followed while trying a Case based otherwise on a Police report. 08
Or
c. Explain the procedure for trial of warrant cases by Magistrate. 07/08
Or
c. Describe the procedure adopted for a trial in a warrant case. 07/09/10
or
c. Elucidate the procedure to be followed in trial of a Warrant Case. 06/07/08
or
3 Examine the procedure relating to trial by magistrate in warrant cases. 08
Answer: The Criminal Procedure Code, 1973 entails three types of trials on the basis of the nature of the
case. Thus, these are a) trial of summons cases, b) trial of warrant cases and c) summary trials for petty
offences or misdemeanours.
These trials are specifically before the court of Judicial Magistrates. Trial before the Court of Session is
called session’s trial. A trial consists of several stages; from opening the case by the prosecution to
closing arguments by the defence.
Section 2 (x) defines warrant cases where the punishment prescribed by the law for the offence tried is
more than 2 years of imprisonment including incarceration for life and the death penalty.
IN these cases, the Magistrate is empowered to issue a warrant of arrest of the alleged offender and the
police are empowered to arrest the person on such warrant without allowing the person an opportunity
to surrender.
Kinds of Warrant Cases
There are two types of warrant cases, viz. warrant cases instituted on submission of the police report
and warrant cases instituted otherwise. In a nutshell, if an offence is cognizable, a person (informant)
can lodge an FIR in the police station, the police conducts the investigation and at the end when the
police finds sufficient evidence against the accused person(s), it submits a report to the Magistrate and
on the basis of the report, trial commences. These cases are cases instituted on the police report.
On the other hand, when an offence is non-cognizable or if the police refuse to lodge an FIR or for any
other reason, FIR cannot be filed, the next best alternative is to lodge a complaint before the Magistrate.
On the basis of the complaint, the Magistrate initiates the proceedings.
1. Trial of warrant cases by magistrate where case instituted on a police report: Sections 238 to 243,
248, 249, 250.
The steps in warrant cases instituted on police report are:
Supply of copy of police report to accused in compliance with Section 207. (Section 238)
Discharge of accused on baseless charges. (Section 239)
Framing of charges. (Section 240)
Conviction on a guilty plea. (Section 241)
Evidence for the prosecution. (Section 242)
Evidence for defence. (Section 243)
Supply of copies to the accused(Section 238): A copy of the police report and other documents relevant
to the case should be supplied to any person or persons who appears or is brought before a magistrate
at the commencement of the trial. And the Magistrate shall satisfy himself in complying with the
provisions of Section 207. This is to ensure that the accused are aware of the charges against him and
can prepare for defence under fair trial by law.
Discharge of accused if allegations against him are baseless(Section 239): Once the Magistrate receives
the police report and other relevant documents and provides them to the accused, the Magistrate shall
consider each report. A hearing shall be convened and a reasonable opportunity shall be provided for
both the accused prosecution to present their case. The Magistrate examines the accused if necessary. If
the charge against the accused is discovered to be baseless and lacking in substance, the accused shall
be discharged under Section 239. The prima facie of the case is also considered.
Framing of charge(Section 240): of CrPC authorises the Magistrate to consider the police report and
even to examine the accused if he feels the need to. If the Magistrate feels the presence of valid
grounds to presume that the accused has committed the offence and is capable of committing such an
offence, and he is competent to try the offence to adequately punish the accused in his opinion. Then
the written charge is framed against the accused and the trial is conducted after the charge is read and
explained to the accused. Framing of the charge is a duty of the court and the matter must be
considered judiciously.
Explaining the charge to the accused
Clause 2 of Section 240 describes that the charge against the accused shall be read and explained to the
accused. Once the accused understands the charges against him, he shall be asked whether he pleads
guilty of the offence or wishes to challenge the charge by a fair trial under the law.
Conviction on a guilty plea(Section 241): The accused can plead guilty to cut short the procedure of law
and reduce the punishment for his offence. The Magistrate records the guilty plea and convicts the
accused on his discretion. (Section 241)
Evidence for prosecution(Section 242): of CrPC defines the procedure with regards to the gathering of
evidence against the offender and recording the evidence after examination and cross-examination to
acquit or convict an accused individual. In a criminal trial, the case of the state is presented first. The
burden of proving the accused guilty is on the prosecution and the evidence must be beyond a
reasonable doubt. The prosecution can summon witnesses and present other evidence in order to prove
the offence and link it to the offender. This process of proving an accused individual guilty by examining
witnesses is called examination in chief. The Magistrate has the power to summon any person as a
witness and order him to produce any document.
Steps in evidence presentation of prosecution
1. Fixing date for the examination of witnesses
2. Examination of witnesses
3. Presentation of evidence
4. Record of the evidence
Evidence for the defence(Section 243): of CrPC describes the procedure with regards to collecting and
presenting evidence in the defence of the accused. After the prosecution is finished with the
examination of the witness, the accused may enter his defence in a written statement and the
Magistrate shall file it with the record. Or defence can be produced orally. The prosecution must
establish the case beyond a reasonable doubt and if the defence can prove a reasonable doubt then the
evidence submitted by the prosecution is not valid and cannot be recorded in court against the accused.
Steps in evidence presentation of defence
1. Court witness - present witnesses to defend the accused
2. Arguments submitted on behalf of defence - the defence may produce an oral argument and submit a
memorandum to the Court.
3. Judgement - The Magistrate holds the authority to judge the evidence provided by the defence and its
relevance.

2. Trial of warrant cases instituted otherwise than on a police report: Sections 244-247,248,249,250
Initial steps in the trial:The initial steps involve filing a complaint with a magistrate. Once the complaint
is filed in the Magistrate, the accused is brought before the Magistrate or appears voluntarily. A hearing
is conducted to determine the facts of the case. The prosecution begins the steps to prove that the
accused has committed the offence beyond a reasonable doubt. And the defence can take the necessary
steps to challenge the accusations and prove that the accused did not commit the offence. The steps in
warrant cases instituted otherwise than on a police report are:
The preliminary hearing of the prosecution’s case.
Discharge of accused if the accusation is baseless. (Section 245)
Framing of charge. (Section 246)
Explaining charge to the accused. (Section 246(2))
Conviction on a guilty plea. (Section 246(3))
Choice of the accused to recall prosecution’s witness. (Section 246(5))
Evidence for Prosecution. (Section 244)
Evidence for Defence. (Section 247)
The preliminary hearing of the prosecution case: This is the first step in the proceedings of the case
after the accused is brought or appears before a magistrate. The Magistrate considers the accusations
and determines if the accusations have any base and a case can be made out against the accused. If the
Magistrate determines that no case has been made out as the accusations lack substance and are
groundless than the case will be dismissed and the accused shall be discharged.
Discharge of accused: Section 245 of CrPC states that the accused shall be discharged by the Magistrate
if no case has been made out against him by the prosecution, which if unchallenged would warrant his
conviction. And nothing can prevent the Magistrate from discharging the accused at any previous stage
if the accusations presented by the prosecution is considered baseless by the Magistrate.
Framing of charge: Once all the evidence is presented to the Magistrate by the prosecution and after
the examination of said evidence is conducted by him, the Magistrate is of the opinion that there is a
reasonable ground for the accusations mentioned in the complaint and the accused is capable of
committing the offence; a charge is framed and a fair trial is conducted. The accused is given an
opportunity to defend himself.
Explaining the charge to the accused: Section 246(2) states that the charge against the accused should
be read and explained to him, and he shall be asked whether he wishes to plead guilty to the charges or
contest the said charges by proceeding with a trial.
Conviction on a guilty plea: Section 246(3) gives the accused an opportunity to plead guilty and present
himself in mercy of the court. The Magistrate has the authority to record the guilty plea, convict and
punish the accused as he sees fit. If the accused does not plead guilty, a subsequent hearing shall be
held and the accused will be granted a fair trial.
Choice of the accused to recall prosecution witnesses: Sub-section (5) and (6) under Section 246
empowers the accused to recall any witness named by the accused and perform a cross-examination or
re-examination, after which they are discharged. The evidence of remaining witnesses provided by the
prosecution is taken and they shall be discharged after cross-examination and re-examination as seen
necessary.
Evidence for prosecution: Section 244 states that in warrant cases instituted otherwise than a police
report and filed directly with the Magistrate, the accused is presented before the Magistrate who begins
the hearing process by summoning the witnesses named by the prosecution and taking all the pieces of
evidence produced as such. All evidence must be taken into consideration as under Section 138 of the
Indian Evidence Act and filed with the record by the Magistrate.
Steps in evidence presentation of prosecution.
The accused cannot be charged by the Magistrate until the prosecution names witnesses or presents
evidence in relation to the case. All the important evidence is collected after the witnesses are examined
and the Magistrate determines if there is enough substance to frame a charge against the accused. The
case cannot proceed further until the prosecution names witnesses and evidence is collected, examined
and recorded
The magistrate is not obligated to file summons for the presence of a witness, but it is the responsibility
of the prosecuting party to file an application with the Magistrate to request the summons of witnesses
who shall present themselves before the court on a specified date and time
Summoning witnesses: The application is made to the Magistrate by the prosecution to summon any
witnesses and the Magistrate issues the order to summon any witnesses or produce any document or
thing in relation to the case
Examination of witnesses: The Magistrates examines the witnesses after summoning them to the Court.
The law provides the accused to re-examine or cross-examine any witnesses produced by the
prosecution after the charges against him are framed. The witnesses are examined and the Magistrate
collects testimonies and pieces of evidence and files them with the record based on their relevance to
the case. The Magistrate may throw aside any baseless or irrelevant testimonies and pieces of evidence
as he sees fit and orders the re-examination of any witness as seen necessary for the service of justice.
Record of evidence: All evidence brought before the court that holds relevance to the case and can link
the accused to the offence committed beyond a reasonable doubt or any evidence which can get him
acquitted is filed with the record by the Magistrate. Recorded evidence is secured away from parties
that may be interested in tampering with them to gain the upper hand and prevent the application of
justice.
Evidence for defence: The defence has the opportunity to present his side of the case and defend
himself against the accusations of the prosecution, as mentioned under Section 247. A written
statement may be put forwarded and the Magistrate shall record it. The accused can issue an
application requesting the Magistrate to summon witnesses or the production of any document or thing
with relevance to the case. And the Magistrate must issue such summons unless he feels they are
baseless, irrelevant and done for the purpose of vexation and delay of the delivery of justice. The
reasons for rejection of application must be recorded in writing by the Magistrate. Any witness that has
already been cross-examined by the accused or had the opportunity to be cross-examined by the
accused cannot be summoned again unless the Magistrate deems it necessary for the delivery of justice.
Conclusion of the trial: The trial can only end in either a conviction or acquittal of the accused. The
decision of the Court with regards to the conviction or acquittal of an accused is known as judgement. If
the accused is acquitted of the offence, the prosecution is given time and an opportunity to appeal the
Court against the order of acquittal. If the accused is convicted after observing the evidence and judged
to be guilty of committing the offence, both sides are given an opportunity to give arguments on
punishment to be served. This can be often observed in conviction cases of life imprisonment or death
penalty.
Judgement and connected matters(Section 248-250)
Judgement of acquittal or conviction: Section 248 states that once the decision is made after the
Magistrate examines the evidence, the judgement is delivered. If the accused is not found guilty, an
order of acquittal shall be recorded by the Magistrate under as stated under Section 248(1). If the
accused is found guilty, the Magistrate after hearing the accused shall pass the sentence if he does not
proceed in accordance with the provisions of Section 325 or Section 360. And this order of conviction
shall be recorded as under Section 248(2).
Procedure in case of previous conviction: In a case where there is a previous conviction under the
provisions of Section 211(7), and the accused does not admit that he has been convicted previously as
alleged in the charge; the Magistrate may, after the conviction of accused shall collect evidence with
respect to the alleged previous conviction and record that finding. However, no charge shall be read by
the Magistrate, the accused shall not be asked to plead and the previous conviction shall not be referred
to by the prosecution or adduced by it unless the accused has been convicted under Section 248(2).
Absence of complainant: Section 249 states that when the proceedings have been instituted upon
complaint directly with the Magistrate, and the complainant is absent on the date and time of the
proceedings set by the Magistrate; and the offence may be compoundable and non-cognizable, the
Magistrate may at any time before the charges are framed against the accused, discharge him. It is the
discretion of the Magistrate to discharge the accused or proceed with the case. But such a discharge is
not considered judgement as observed in the case of Banta Singh V. Gurbux Singh, 1966. The accused
cannot be discharged after the charges against him are framed despite the default of appearance by the
complainant.
In course of trial, if the complainant dies, the Magistrate need not discharge the accused but rather
continue the trial.
Compensation for accusation without a reasonable cause: Section 250 discusses the procedure related
to cases where a case is instituted on complaint to a magistrate or police officer and the Magistrate finds
that there is no ground against the accused person. The accused shall be discharged immediately. The
complainant shall be summoned to justify his complaint and explain why he should not pay
compensation to the person against whom the complaint was made. The Magistrate shall then order to
pay a particular amount of compensation not exceeding the amount of fine to the accused if he is
satisfied that the reasons for filing the complaint are baseless and lacks ground.
If there is more than one accused person, the Magistrate shall order the complainant to pay
compensation to all the accused.

(c) Explain the procedure to be adopted in a trail before the Court of Sessions. 07/09/10
or
(c) Discuss the procedure to be adopted for Trial before Court of Sessions? 07/08
Answer: Depending upon the gravity of offences and their punishment, the Code of Criminal Procedure,
1973 divides criminal trials into Magisterial trial and Sessions trial. The first schedule to the Cr.P.C.
specifies the offences punishable under Indian Penal Code, 1860, triable either in Magistrates’ Courts or
in Court of Session.
Section 225-237 of the Code deals with the procedure for a trial before a Court of Session. A session trial
is coupled with arguments, evidence and cross-examinations. A sessions’ trial can be conducted in the
following stage:
Initial Stage: A trial is initiated by the prosecution who tries to prove the guilt of the accused through
evidence. Section 225 of the Code lays down that the case of prosecution shall be conducted by a Public
Prosecutor where the trial is before a Court of Session. A Public Prosecutor is a person appointed under
section 24 of the Code and includes any person who is acting under the directions of such prosecutor. As
per section 226 of the Code requires a public prosecutor to open his case by describing the charges
against the accused and must also state the evidence through which the prosecution will prove the guilt
of the accused.
An accused may be discharged at the initial stage of a sessions’ trial. Section 227 empowers the Judge to
discharge an accused if after consideration of the documents and records submitted against the accused
and after hearing the prosecution and accused, the judge finds that there is no sufficient ground to
proceed against the accused. The section aims to ensure that a person is not harassed unnecessarily by
the means an unnecessary prolonged criminal trial.
The initial stage of the trial ends with the framing of charge against the accused. the Court after
considering all the records and the documents and the hearing of the prosecution and accused believes
that there exists sufficient ground that the accused has committed an offence, shall frame the charge
against the accused in writing.
As per section 228 (2) of Cr.P.C., every charge framed shall be read and explained to accused.
Second Stage: Under section 229 of Cr.P.C. an accused may plead guilty before the Court and upon such
pleading, the Court on his discretion may convict the accused. The accused should plead guilty by his
own mouth and not through his pleader or counsel.Any admission made by his pleader is not binding on
him.[7] The plea of guilty only amounts to an admission that the accused committed the acts alleged
against him. It is not an admission of guilt under any particular section of the criminal statute.
Where the accused refuses or does not plead guilty, the Court is required to fix a date for the
examination of witnesses. And on such date, the Court shall take the evidence which may be produced
by the prosecution. A witness will be examined orally. A judge under section 231 (2) may defer the
cross-examination of any witness and may also recall any witness for further cross-examination.
Third Stage: It is the last stage of the trial where the accused is either convicted or acquitted. Under
section 232 of the Code, an accused can be acquitted if the Court after hearing both the parties and
considering all the evidence, considers that there no evidence which proves the commission of the
alleged offence by the accused.If the accused is not acquitted then the Judge calls upon him to enter on
his defence. This provision is mandatory. An omission on the part of the Judge to do so occasions failure
of justice.[9] The accused in his defence may apply for issue of any process to compel the attendance of
any witness or production any documents. A Judge is required to consider all such application but can
also refuse it if the Judge has reasons to believe that such application is vexatious or is made for the
purpose of defeating the ends of justice.
A Court after hearing the arguments shall pronounce the judgment under section 235 of the Code. An
accused may be either acquitted or convicted. The acquittal will be done as per the procedure embodied
under section 232 but the judgment for conviction will be pronounced in accordance with section 235. A
judge shall pass the sentence of conviction according to law.
Under section 236, in case of a previous convict, the court may call for evidence on that matter and
record finding. This helps in case the accused is liable to enhanced punishment.
Lastly, Sec. 237 deals with procedure in cases of defamation of high dignitaries and public servants to
prevent vindication of the conduct of such officials. However, provision for compensation to the accused
to prevent false accusation is made as well.
CONCLUSION:-
In this way, we went through almost all forms of complexities that are involved in case of a trial before a
Sessions Court. In the beginning, it is decided whether there is any cause for trial or not. Next, it is seen,
if there are sufficient grounds to convict through cross-examination, pieces of evidence etc. and lastly
the accused is acquitted or sentenced as the case may be.

(c) Explain the procedure for obtaining the order of maintenance by the parents. 07/08
Answer: Introduction: A person to live a dignified life, requires basic amenities like food, clothing,
shelter and other necessary requirements. It is the moral duty of a man to provide the above mentioned
amenities to his wife, parents and children in form of maintenance. Maintenance is the process of
maintaining or preserving someone. Prior to 1973, there was no provision for maintenance of parents
under the Code of Criminal Procedure. However, the provision for maintenance was introduced in for
the first time in Section 125 of the Code of Criminal Procedure in 1973.
Section 125 of the Criminal Procedure Code, 1973 was enacted to provide an effective remedy for the
neglected persons to seek maintenance. However in 2007, the Maintenance and Welfare of Parents and
Senior Citizens Act was passed which provides provisions for maintenance to support elderly parents
and senior citizens. Parents can claim maintenance either under Section 125 of Code of Criminal
Procedure, 1973 or under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However,
they cannot claim maintenance under both the acts.
Maintenance under Section 125 of Code of Criminal Procedure
Section 125(1)(d) of the Code of Criminal Procedure discusses about the maintenance for parents to be
provided by children. The section states that “If any person having sufficient means neglects or refuses
to maintain his father or mother, unable to maintain himself or herself, a magistrate of the first class
may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five
hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the
Magistrate may from time to time direct”.
Who is liable to pay maintenance
Section 125 of Cr.P.C states that both mother and father, whether natural or adoptive, can claim
maintenance from any of their children. Under Section 125 even daughters are liable to pay
maintenance to her mother and father. In case of step mother, she can claim maintenance only if she is
a widow and doesn’t have any natural-born sons or daughters. Married daughters are also liable to pay
maintenance to parents if they are solely dependant on her.
Conditions required for claiming maintenance
1. Father or mother must be unable to maintain himself or herself: By giving a plain meaning to the
language used in section 125(1)(d), it seems that there are only two circumstances under which
parents can claim maintenance, which are as follows:
  The parents must be unable to maintain themself
 The person against whom an order under Section 125 of Cr.P.C is passed by the court must
have sufficient means/resources to maintain his/her parents and yet neglects or refuses to
maintain them.
The provision in section 125 is one of general application. The provision provides the statutory
recognition of the obligation that a son who has sufficient means is bound to maintain a father
or mother who is unable to maintain himself or herself. The above mentioned provision is
incorporated under Code of Criminal Procedure for the first time recognising the right of infirm
parents who are unable to maintain themselves to be maintained by their son or daughter who
is possessed of sufficient means as also providing a remedy to enforce that right.
2. Daughter is liable to pay maintenance to parents: There can be no doubt that it is the moral obligation
of a son or a daughter to maintain his or her parents. The parents will be entitled to claim maintenance
against their daughter provided the above mentioned conditions are fulfilled. However, before passing
an order in favour of parents against their married daughter, the court must be satisfied that the
daughter has sufficient means of her own which should be independent from that of her husbands.
3. Adoptive mother can claim maintenance: The Bombay High Court in Baban Alias Madhav Dagadu
Dange v. Parvatibai Dagadu Dange observed that according to the definitions given in the General
Clauses Act, the expression “father” includes both natural as well as adoptive father. It is true that the
General Clauses Act has not defined the expression “mother”. But that does not means that the
expression should be taken in its restrictive sense. Now if expression “father” and “son” is to be given
wider interpretation, there is no valid reason why the expression “mother” should not be given similar
wider interpretation so as to include an “adoptive mother” as well.
4. Step-mother can claim maintenance: The Hon’ble Supreme Court in Kirtikant D. Vadodaria v. State of
Gujarat and Ors. held that “a childless step-mother may claim maintenance from her step-son provided
she is a widow or her husband, if living, is also incapable of supporting and maintaining her”. However
the Karnataka High Court in Ulleppa v. Gangabai added its view to the judgement pronounced by
Supreme Court in Kirtikant D. Vadodaria v. State of Gujarat. The court observed that if it is proved that
step mother has other modes of maintaining herself she may not be able to get maintenance from her
step sons.
Procedure for claiming maintenance under Section 125 of Code of Criminal Procedure
1. An application for maintenance may be filed against any person, liable to pay the same, in any
district where the parents resides or where the child resides.
2. Maintenance cases under Section 125 can only be heard by a Judicial Magistrate of First Class.
3. After producing and securtinising the evidence, the judicial magistrate of First Class may pass an
order for maintenance.
4. Maintenance is either payable from the date of order of payment or from the date of the application
made for maintenance, depending on court’s judgement.
5. Once a maintenance order is passed, a copy of the same must be supplied to the claimant free of
cost.
6. The person who is ordered to pay maintenance must obey the court order. However, failure to do so
without sufficient reason, the court can issue a warrant against such person for collecting the
amount due or can attach any immovable property or salary of such person.

c. What is Charge? Examine the provisions relating to Charges. 07/08

Definition of Charge: Charge under crpc is defined under section 2(b) of the code of criminal procedure
inclusively. According to this section, the charge includes any head of the charge when there are more
than one heads.
The charge under crpc is defined in very vague and beyond the comprehension of the common man.
Before defining the charge in simple terms, it is very important to decode the definition of charge and
understand it wants to say about the definition of charge.
For example: A stole all the jewellery in B’s house by keeping the housemates at gunpoint. Here, A has
committed house-robbery, theft, theft in a dwelling house, illegal possession of weapons, assault and so
on. Therefore A is charged for all the mentioned offences.
Meaning of Charge: The definition is already stated in the above-mentioned paragraph. The term
‘charges’ in the criminal law, basically means the allegations or the offences imposed on a person.
For example: A is accused of theft, so here the charge is of theft. Therefore, the charge is a formal
recognition given by a magistrate to the accused person’s act which allows the person to know his act.
Purpose of Charge under Crpc: The main objective of Charge under crpc is to give basic and exact
knowledge to accused of the offence that he has been charged for it and also give him time to prepare
for his Defense.
The common practice and basic rule are that the charge should be specific and not lengthy. This allows
the accused to prepare their defence on the specific charge. Apart from this, it also allows the
prosecutor to prepare his case and evidence to start the prosecution.
Every crime places a very different burden on the prosecutor to prove his case before the court.
However, we say that the prosecutor has the burden to prove beyond a reasonable doubt that the
accused is guilty of the crimes charged.
Essentials of Charge under CrPC:
1. Stating the crime: The crime should be expressed in the charge sheet so that the accused can shield
themselves.
2. Describe crime by name: The name of the crime, as well as the offence, must be clearly defined and
explained concerning such charge.
3. Defining and understanding crime: In those places where criminal law has not named the crime,
then a definition/meaning of the crime should be expressed
4. Mentioning of law and clause of law: In this charge, there should be a law or a section of the law
against which the crime is said.
5. Substantive requirements of offence to be complied with: The charge must satisfy the requirements
of the offence, whether or not there are any exceptions and if so, the charge must be followed.
6. Charge language: It should be noted that one of the basic imperatives of charge is that the charge is
implicated in English or the language of the court or language understood by an accused.
7. Previous convictions of accused person: The charge may state the fact, date and place of previous
conviction at the places where the accused is liable for the enhanced sentence based on his previous
conviction and where such previous conviction is to be proved.
8. Description of time, place and person: A charge requires that the time when the offence occurred
involves the time at which the offence was committed, the person against whom the offence was
committed and any other object or object against which the offence was committed.
9. Details of the way the crime was committed: In cases where the above-mentioned information is
not sufficient to give notice of the crime with which the alleged accused has been charged, then it is
expected that the charge will include details of how the alleged offence was committed.
10. In relation to which crime is committed: A charge needs to be expressed in relation to the property
about which the offence has been stated.
Types of cases where Charges are formed
It is generally necessary to be charged in three types of cases:
 Session cases under Section 228 of CrPC
 The warrant case was established by the magistrate based on the police reports under section 240
of the CrPC.
 The warrant case has been established by the magistrate on the basis of the police report,
otherwise based on a personal complaint under Section 24 (1) of the CrPC.
In the trial of summons cases and summary trials, the plea has been made instead of the charge.
Legal provisions of Charge under Crpc
This is under Chapter XVII of the Criminal Procedure Code, 1973, in which the charge is mentioned.
 Sections 211 to 217 go through again the form of charges and Sections 218 to 224 states the joinder
of charges. Further, sections 227, 228, 239, 240 and 464 of the code also talks about the other
provisions related to charge which are explained ahead.
 Sections 211 and 212: Under Section 211 and Section 212, the content of Charge under crpc and
other details of the accused the material and description of the charge according to the time and
place of the alleged offence, the person against whom the offence was committed or in connection
with which it took place and sufficient other information. However, it needs to be kept in mind that
in cases where there are allegations of criminal breach of trust or dishonour of money or any other
movable property, it specifies the gross amount or the dates in which the offence was committed.
 Section 213: It will be noted that the Charge under crpc will include details of how the said offences
have been committed at the places where Sections 211 and 212 are not able to properly describe
the charges with which the accused are charged.
 Section 214: Section 214 lays down a standard for the translation of words used in a charge; it
provides that the words used in delineating a crime in each charge shall be considered by law to be
used in the sense separately associated with them, under which such an offence is guilty.
 Section 216: This section deals with changes in the charge. The object is to secure the accused for a
fair trial and the court has to ensure that the alteration or addition of the charge does not prejudice
him. It should be used judiciously, though the power is broad and wide. However, the court cannot
change the prejudice of the accused. Similarly, such power cannot be exercised even after the
discharge of all charges by the accused, as no charges exist against him and the provisions of section
216 do not apply.

c. Explain the procedures to be followed while trying a Lunatic. 06/07/08

Or
c. Explain the procedure to be followed by the court if the accused is found to be a person of unsound
mind. 07/08/08
(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the
inquiry is being held is of unsound mind and consequently incapable of making his defence, the
Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be
examined by the civil surgeon of the district or such other medical officer as the State Government may
direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the
examination to writing.
1(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a
psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the
psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused
is suffering from unsoundness of mind or mental retardation:
Provided that if the accused is aggrieved by the information given by the psychiatric or clinical
psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board
which shall consist of—
(a) head of psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest medical college.
(2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with
the provisions of section 330.
2(3) If such Magistrate is informed that the person referred to in sub-section (1A) is a person of unsound
mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused
incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a
finding to that effect, and shall examine the record of evidence produced by the prosecution and after
hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie
case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused
and deal with him in the manner provided under section 330:
Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect
of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such
period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the
accused, and order the accused to be dealt with as provided under section 330.
(4) If such Magistrate is informed that the person referred to in sub-section (1A) is a person with mental
retardation, the Magistrate shall further determine whether the mental retardation renders the accused
incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order
closure of the inquiry and deal with the accused in the manner provided under section 330.
Introduction: The Code of Criminal Procedure is enacted for the effective enforcement of substantive
criminal law and intends to give a mechanism for smoother delivery of justice.
Criminal Procedure Code deals with arrest and trial of the person it is very necessary that fairness should
be there to establish the lawful detainment of a person from his liberty.
There is no specific definition of Unsound Mind in the Indian Penal Code, 1860. However, Section 84
deals with “Act of a person with Unsound Mind”; analyzing Section 84 will give us the essential elements
of a person with an unsound mind. The Section 84 reads as follows-
“84. Act of a person with Unsound Mind– Nothing is an offence which is done by a person who, at the
time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that
he is doing what is either wrong or contrary to law.”
Provisions of Code of Criminal Procedure
Section 328 CrPC: As mentioned above insanity is not defined in the IPC but Section 84 provides us the
“Act of a person of unsound mind- Nothing is an offence which is done by a person who at the time of
doing it, by reason of unsoundness of mind, is incapable of doing the act, or that he is doing what is
either wrong or contrary in law.” This Section can be observed as follows-
Every type of insanity is not covered under the statute but only cover those mental conditions where the
accused is incapable of understanding his act is contrary to law.
The Court will presume that the sanity of accused and burden of proof will lie with accused to proof his
insanity. Then next it needs to be proven that accused when committed the offence was during legal
insanity. In achieving such a conclusion, the conditions which went before, went to or took after the
wrongdoing are of significant thought; and The indictment in releasing its weight of the supplication of
lawful madness has just to demonstrate the fundamental certainty and depend upon the typical
assumption of the law that everybody knows the law and the common outcomes of his demonstration.
Section 329 CrPC: At the point when a Magistrate holding trial motivation to trust that the individual
against whom the request is being held is of unsound personality and therefore unequipped for making
his protection, the Magistrate might ask into the reality of such unsoundness of psyche, and cause such
individual to be inspected by the Civil specialist of the District or such other Medical Officer as the State
Government may coordinate, and immediately should look at such specialist or other officer as a
witness, and might lessen examination in composing.
Pending such examination and request, the Magistrate may manage such individual in understanding
with the arrangements of Section 330. On the off chance that such Magistrate is of the supposition that
the individual alluded to in sub-section[10] is of unsound mind and, therefore, unequipped for making
his safeguard, he should record a finding to that impact and should delay encouraging procedures for
the situation continuing till his abilities shield himself appropriately are re-established. In the event that
a charged satchel is of unsound personality, there is no doubt of continuing against the surety. The
arrangements of Section 329, Cr PC, are obligatory. It is required with respect to Court to first think
about the reality of unsoundness of psyche. The inadequacy of the charged to bulwark in the wake of
taking such proof may include therapeutic confirmation that might be vital for all reasons. Inability to do
as such vitiates the trial. Unimportant report of the Superintendent of Jail that blamed is fit for
understanding proof is no consistency of Section 392, Cr.P.C. The arrangements of Section 329, Cr.P.C.,
are compulsory. Inability to hold request as unsoundness of psyche vitiates the trial.
When accused is found to be of unsound mind the Court should not put any question to him but should
try to find out the fact of insanity by examining him by the civil surgeon or some other medical officer. It
was found out that plea of insanity first should be recorded in the medical evidence.[11] The trial of
accused without the test of insanity is violating in nature
Section 331 CrPC: At whatever point, a man is found, under Section 328 or 329, to be of unsound
personality unfit of making his guard, the Judge or Court, considering all the things regardless of
whether the case is one in which safeguard might be taken or not, may discharge him on adequate
security being given that he should be legitimately dealt with and might be anticipated frame doing
damage to himself or on the other hand to different people, and for his appearance when required
under the watchful eye of the Magistrate or Court or on the other hand such officer as the Magistrate or
Court designates for this sake.
Section 332 CrPC:This Section provides for the procedure on accused appearing before the Magistrate.
Provided if when the denounced shows up or is again brought under the watchful eye of the Magistrate
or Court, as the case might be, the Magistrate or Court thinks of him as equipped for making his barrier,
the request or the trial should continue. If the Magistrate or Court views the blamed as still inadequate
for making the resistance, the Magistrate or Court might act as indicated by the arrangements of Section
328 Section 329 by and large, and if the blamed is observed to be for unsound personality are
subsequently unequipped for making his safeguard, might manage such denounced agreement with the
arrangements of Section 330.
Section 333 CrPC: This Section provides for when accused appears to be of sound mind. This Section
empowers the Magistrate to proceed with the case when-
The accused person to be of sound mind at the time of enquiry or trial.
The Magistrate has sufficient reasons to believe that accused has committed an act which if he was in
sound mind then it would be an offence.
The Magistrate also have reasons to believe that during the commission of the crime the accused was in
unsoundness of mind and incapable to understand the circumstances of his act, he was unable to know
that the act is contrary to the existing law.
The Magistrate can himself try the accused if he is competent to do so. If the accused is tried by the
Court of Sessions he may commit him to the trial of Court of Sessions.
Section 334 CrPC: Section 334 deals with the judgment of acquittal on the ground of unsoundness of the
mind. It provides that Magistrate shall acquit the accused when he is satisfied from the evidence before
him that accused was at the time of commission of the offence by reason of unsoundness of mind,
incapable of knowing the nature of the act or that it was wrong or contrary to the law. Any judgment of
acquittal on the ground of unsoundness of mind must state specifically whether accused has committed
the alleged act or not.
Section 335 CrPC: A person acquitted on such ground to be detained in safe custody. When the Court
finds that an offence has been committed by a lunatic, it must confine itself to making an order that the
accused should be kept in safe custody in such a place and manner as the Court thinks fit. The future of
such person shall be decided by the State Government.
Person vindicated on such ground to be confined in safe guardianship: Whenever the discovering states
that the blamed individual conferred the demonstration charged, the Justice or Court before whom or
which the trial has been held, should, if such act would, in any case, for the inadequacy found, have
constituted an offence, Order such individual to be confined in safe care in such place and way as the
Justice or Court thinks fit; or Order such individual to be conveyed to any relative or companion of such
individual.
Section 336 CrPC: Power of State Government to engage officer-in-control to release is given under
Section 336 which states that the State Government may enable the officer responsible for the Jail in
which a man is kept under the arrangements of Section 330 or Section 335 to release all or any of the
elements of the Inspector-General of Prisons under Section 337 or Section 338.
Section 337 CrPC: Procedure where crazy person detainee is accounted for equipped for making his
protection, on the off chance, that such an individual is kept under the arrangements of sub-Section (2)
of Section 330 and for the situation of a man kept in a Jail, the Inspector-General of Prisons, or, on
account of a man kept in an insane person shelter, the guests of such haven or any two of them should
guarantee that, in his or their feeling, such individual is equipped for making his safeguard, he should be
taken under the steady gaze of the Magistrate or Court, by and large, at such time as the Magistrate or
Court, names, and the Magistrate or Court might manage such individual under the arrangements of
Section 332; and endorsement of such Inspector-General or guests as previously mentioned should be
receivable as proof.
Section 338 CrPC: The procedure, where unsound mind person kept, is pronounced fit to be discharged
if such individual is kept under the arrangements of sub-section (2) of Section 330, Section 335, and such
Inspector-General or guests should guarantee that in his or judgment, he might be discharged without
peril of his doing damage to himself or to someone else, the State Government may immediately
arrange for him to be discharged or to confined in care, or to be exchanged to an open insane person
refuge on the off chance that he has not been effectively sent to such a haven, may delegate a
Commission, comprising of a legal two Medical Officers.
Section 339 CrPC: Delivery of unsound person to care of relative or friend- Whenever any relative or
companion of any individual confined under the arrangements of Section 330 or Section 335 wants that
he should be conveyed to his care and guardianship, the administration may, upon the utilization of
such relative or companion and on his giving such security as per the general inclination of such State
Government, that the individual conveyed should be appropriately dealt with and kept from doing
damage to himself or to some other individual; be delivered for the review of such officer, and at such
circumstances and spots, as the State Government may coordinate; for the situation of a man kept
under sub-Section(2) of Section 330, be created at the point when required under the steady gaze of
such Magistrate or Court, request such individual to be conveyed to such relative or companion.

5. a. What is meant by a Charge? 02

or
6. a. What is Charge? 02
Or
5. (a) What is meant by Charge? 02
Or
6. a. What is a „Charge‟? 02
Answer: Definition of Charge: Charge under crpc is defined under section 2(b) of the code of criminal
procedure inclusively. According to this section, the charge includes any head of the charge when there
are more than one heads.
The charge under crpc is defined in very vague and beyond the comprehension of the common man.
Before defining the charge in simple terms, it is very important to decode the definition of charge and
understand it wants to say about the definition of charge.
For example: A stole all the jewellery in B’s house by keeping the housemates at gunpoint. Here, A has
committed house-robbery, theft, theft in a dwelling house, illegal possession of weapons, assault and so
on. Therefore A is charged for all the mentioned offences.
Meaning of Charge: The definition is already stated in the above-mentioned paragraph. The term
‘charges’ in the criminal law, basically means the allegations or the offences imposed on a person.
For example: A is accused of theft, so here the charge is of theft. Therefore, the charge is a formal
recognition given by a magistrate to the accused person’s act which allows the person to know his act.

(b) Distinguish between Charge, Charge sheet and Discharge. 03/02

Chargesheet: As per section 174 of the Code of Criminal Procedure, 1973, a report which is made by the
police officers after completion of the final investigation is known as the chargesheet. The report is
related to the crime which is held against the plaintiff by the accused in order to collect the evidence.
This report includes all the procedures from the time a crime is reported to the place where crime has
happened. This report has to be submitted in the court of law for starting a criminal procedure against
the accused.
The importance of a charge sheet is the following:
 A charge sheet is an essential document from which a criminal proceeding starts in the court against
the accused or the defendant.
 It includes the statement of the informant and the accused, the charges that are maintained upon
him under the IPC or any other act and summary of the incident.
 Through the charge sheet, the accuser also comes to know about the charges that are placed on
him.
 Against whom the charges are placed, he has to be present at the time of the court proceeding,
even if he is innocent.
 In absence of the charge sheet, no criminal proceeding can take place.

6. a. What is Discharge? 02
Answer: The Court will have to consider the Charge sheet and the Police Report submitted to it by the
Police under Section 173, following are the essential elements:
 The Magistrate may, if he deems fit, examine the Accused.
 Thereafter the arguments of both the Prosecution and the Accused Parties and their versions would
be heard versions.
 Grounds against the accused to be baseless- There should not be any evidence present against the
accused. The Court also has to assure itself that there is no prima facie case against the accused.
If all the above conditions are fulfilled, then the Accused shall be discharged.
Mandatory cases where Sessions Judge is bound to discharge:
Where he is precluded from proceeding because of a prior judgment of High Court,
Where the prosecution is clearly barred by limitation,
Where the evidence produced is not sufficient,
Where there is no legal ground for proceeding against the accused, or
Where no sanction has been obtained.

(c) What do you mean by ‘taking of cognizance’? 03/02

Answer: Section 190 of the Criminal Procedure Code empowers the Magistrates to take cognizance of
criminal cases. Taking cognizance means the application of judicial mind to a particular case. A
Magistrate can take cognizance of a case on the receipt of complaint or a report by the police or
information received from a person other than the police officer or upon his own knowledge. What
“taking cognizance” means What is meant by 'taking cognizance' in regard to an offence by a competent
Magistrate is not defined or described in the Code of Criminal Procedure, 1973 (CrPC) or any other act.
However the term has acquired a definite connotation through well settled judicial pronouncements.
The term “taking cognizance” actually means "become aware of", but in reference to a Court or a Judge,
it means "to take notice of judicially". The term has no mystic significance in criminal law. In practice
‘taking cognizance’ means taking notice of an offence for initiation of proceedings under Section 190 of
Cr.P.C. `Cognizance’ refers to the point when the court first takes judicial notice of an offence by not
only applying its mind to the contents of the complaint/police report, but also proceeding further as
provided further in Chapter XIV of the CrPC. Taking cognizance includes either taking steps to see
whether there is basis for initiating a judicial proceeding or initiating a judicial proceeding against an
offender by the Magistrate.

5. (a) What is ‘Reference’? 02/02/02

Answer: The term ‘reference’ means to transfer or send something for the opinion of the receiver on
the matter. In this situation, the reference power of High Courts means that the High Court is
empowered to take cases referred to it by subordinate criminal courts. It means that the Courts of
Magistrates and Sessions Judge may, on fulfilling the requirement under the Cr.P.C., refer any case to
the High Court of the State stating the questions referred.
Section 395 of Cr.P.C deals with the reference powers of the High Courts in a State. Under this provision,
the subordinate courts are allowed to refer a case to the High Court for its opinion if the subordinate
court considers is necessary. The provision entails two situations when the case can be referred to the
High Court: When the validity of an Act, Ordinance or Regulation is doubtful and the court considers it
inval

5. a. What is „confession‟? 02
Confession is the admission of guilt, stating or suggesting an inference as to guilt by an accused made in
custody. According to Justice Stephen, a “confession”, is an admission made at any time by a person
charged with a crime stating or suggesting the inference that he committed that crime.
A confession is a statement made by accused admitting his guilt. Thus if the maker does not incriminate
himself, the statement will not be a confession. Further, a mixed statement which even though contains
some confessional statement will stand lead to acquittal is no confession. Thus a statement that a
contain self-exculpatory matter which is not true would negative the offence cannot amount to a
confession. This is so because a confession must either as a whole or rejected as a whole, and the court
is not competent to accept only the inculpatory part and reject the exculpatory part( statement of self-
defence).
When a confession is made in the Court itself, it is called a judicial confession whilst the one made to
anyone outside the Court is referred to as extra-judicial confession. Judicial confessions are made before
a magistrate under Section 164 of Crpc or in the Court during proceedings.[9] A conviction may be based
on judicial confessions.
Extra Judicial confessions are those which are made elsewhere than before the Court or a magistrate. If
proved to be credible with corroborative evidence, conviction may be based upon it. It not imperative
for the statement to address an individual, it may be in form of a prayer, writing or heard by a passerby.
The Courts do not inherently start of by considering extra- judicial confessions to be a weak form of
confession, rather they are required apply two test- is it voluntary and is it true.
According to section 164(1) of CrPC, Judicial Magistrate or the Metropolitan Magistrate, whether or not
having jurisdiction in the matter can record the confession or statement made to him in the course of
the investigation. The proviso added to the Subsection also removed those confessions are recorded by
a police officer in whom any power of magistrate has been conferred under the law for the time being in
force. Hence the Only a judicial magistrate or Metropolitan Magistrate has the power to record the
statement under section 164 of the Code.

6. a. When can a court appoint a commission for recording the evidence? 02

Whenever in the course of any inquiry, trial or other proceedings, it appears to a court or Magistrate
that the examination of a witness is necessary for the ends of justice, and that the attendance of such
witness cannot be procured without any amount of delay, expense or inconvenience which, under the
circumstances of the case, would be unreasonable, the court or Magistrate may dispense with such
attendance and may issue a commission for the examination of the witness.
Where the examination of the President or the Vice-President of India or the Governor of a State or the
Administrator of a Union Territory as a witness is necessary for the ends of justice, a commission shall be
issued for the examination of such a witness. (Section 284)
If the witness is within the territories to which this Code extends, the commission shall be directed to
the Chief Metropolitan Magistrate or Chief Judicial Magistrate within the local limits of whose
jurisdiction the witness is to be found.
If the witness is in India, but in an area to which this Code does not extend, the commission shall be
directed to such court or officer as the Central Government may specify.
If the witness is outside of India where arrangement has been made by the Central Government with
the Government of such country or place, the commission shall be issued, directed to such court or
officer and sent to such authority for transmission, as the Central Government may prescribe.

b. A Magistrate gets suspicion that a witness is giving evidence under duress. What measures can he
take? Discuss. 04/05

5. a. What is meant by „Plea Bargaining‟? 02

Or
6. a What is meant by plea bargaining? 02
Answer: Plea Bargaining under Crpc India – Chapter XXI A of the Criminal Procedure Code, 1973 added
by the Criminal law amendment Act of 2005 which provides plea bargaining. It came into force on July 5,
2006. Section 265A to 265L, of the Criminal Procedure Code, deals with the concept of Plea Bargaining.
The concept of plea bargaining was first recommended in the 154th report of the law commission. The
purpose of plea bargaining is to reduce the delay in criminal proceedings and to give lesser punishment
to the accused of pleading guilty.
Types of Plea Bargaining
 Fact bargaining.
 Sentence bargaining
 Charge bargaining
Meaning – Plea Bargaining under Crpc India: The plea bargaining is an agreement between the accused
and the public prosecutor where the accused plead guilty in exchange for certain concessions.
The Advantages of Plea Bargaining as follows
 Plea bargaining assures a conviction
 Time-saving
 Solve Issue quickly
 It can reduced caseload
 Reduced expenses
5. a. What is a Complaint? 02
Answer: “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his
taking action under the Code of Criminal Procedure that some person, whether known or unknown, has
committed an offence, but it does not include a police report. [Section 2 (d)]
To constitute a complaint there must be an allegation made with a view to the recipient taking action
under the Code, charging some person with a particular offence. A mere presentation of petition to a
Magistrate to enable him to take administrative action is not a complaint within the terms of the
definition.
It must be presented to him with a view to his taking action under the Criminal Procedure Code. A
complaint need not necessarily be made by the person aggrieved but may be made by any person aware
of the offence.
The main essentials of a complaint are:
1. The allegation must be made to a Magistrate and not to a judge. A police officer is not a Magistrate
and as such a petition or information sent to him is not a complaint.
2. The allegation must be made with a view to the Magistrate’s taking action under the Code. A mere
statement to a Magistrate by way of information without any intention of asking him to take action is
not a complaint.
3. The allegation must be that an offence has been committed. It is not necessary that a particular
offence be stated: only the allegation of fact must constitute an offence. The mention of a wrong section
does not vitiate the character of a complaint. The complaint need not specify any offender or even the
section of the law which makes the act or omission punishable.
4. The allegation must be made orally or in writing. It need not set out all the facts on which the accused
is to be charged, but must contain a statement of true facts relied on as constituting the offence in
ordinary and concise language admitting of no ambiguity.
(b) A complaint need not necessarily be made by the person injured but may be made by any person
aware of the offence. In case of the defiance of general law, any person, whether he has suffered any
particular injury or not has a right to complain. The court will, therefore, take cognizance of the above
complaint.

5. a. Who are the persons who can claim maintenance under Section 125 of Cr P C? 02
Answer: Under Section 125, any of the following persons can claim maintenance.
Wife: A woman is considered as the “wife” only if her marriage to the man is legally valid.
Child:Male and female children, irrespective of whether they are born inside or outside the legally valid
marriage of the father and mother, can claim maintenance. They must be minors to claim maintenance.
They may be married or unmarried.
Adult children can claim maintenance from their parents only if they have a physical or mental
abnormality that makes them unable to maintain themselves. An adult unmarried daughter can claim
maintenance from her parents.
Married minor girls can claim maintenance from their parents till they turn 18 if their husbands do not
have sufficient means to maintain them. However, married adult girls cannot claim maintenance from
the parents.
Mother and Father: Both the mother and the father, whether natural or adoptive, can claim
maintenance from any one or more of their children. Daughters are also liable to pay maintenance to
the mother and the father. A step-mother can claim maintenance only if she is a widow and does not
have natural-born sons or daughters.

b. Mitra is not taking care of his parents who are old and having no source of income. Advice the
parents. 03/04/05
Maintenance 124, already answered

b. Smt. Roopa, commits theft at a Jewellery shop. Based on the complaint by the shop owner, the
police rushed to the shop and she was searched by a male police officer which was resisted by the
accused. State, whether the act of the police is legal. Why? 03/04/05
no, its not legal

b. Y is the only son to his parents, who refuses to take care of them, though he has sufficient means of
income. Advice the aged parents of Y for seeking maintenance. 03/04/05
yes 124

b. Y, files a complaint against her husband before the Station House Officer and subsequently before
the Superintendent of Police. However, both the officers failed to take action. Advice Y. 03/04/05
According to Section 2 (d) of Criminal Procedure Code 1973 “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.
she can file compaint with magistrate
The essential requirements of complaint are as follows: –
 Complaint should be made before magistrate and not before a police officer.
 It can be made either in writing or in oral.
 It can be made by any person or against any person.
 For complaint, it is necessary that offence has been committed. But it is not necessary to mention the
name of the offence clearly.
 Any person can made complaint who has knowledge of incident.
Section 200 – 203 deals with the complaint to the magistrate in Criminal Procedure Code 1973.

(b) Mrs. X after obtaining the order for maintenance against her husband, started living in adultery.
Her husband approaches you. Advice him. 03
Maintenance in legal parlance means the act of providing monetary assistance to wife, children and
parents. The object behind this concept was to provide a dignified and standard way living which is in
correspondence with the standard of living of the party providing such maintenance.
Section 125 of Cr.PC lays down provisions of maintenance under which “a wife, unable to maintain
herself” can claim maintenance from her husband.
According to section 125(4) a wife will not be entitled to maintenance if-: She is living in adultery She
refuses to live with her husband without any sufficient reason The husband and wife are living
separately by mutual consent
Section 125(5) states that the magistrate has to power to cancel the order made in favour of a wife if it
is proved that she is living in adultery, or without reason refuses to live husband, or if the husband and
wife live separately by mutual consent.
The expression 'living in adultery' implies an adulterous course of life and not single act of adultery.

(b) A Sessions Judge gets a suspicion that the surety furnished is not genuine. State the course of
action available to the Judge, with reasons. 03
section 441(4) of Cr.P.C. a surety should be a fit person. Who is a fit person has not been defined or
explained anywhere in the Code. Generally, a surety must be a genuine person. He should not be a
bogus person. A surety comes to the Court and gives undertaking to the Court that he will ensure the
appearance of the accused. If the accused fails to appear before the Court, the surety bond executed by
the surety will be forfeited.
Court can ascertain the genuineness of the sureties. A surety should have a genuine address. He may be
asked to produce residential proof. He should not be a vagabond. He should establish his identity. A
poor man can be a voter. Likewise, a poor man can be a surety. A surety can be a person without having
own house. He can be a tenant. Even a person living in a platform, living in a slum having an acceptable
address proof can also stand as a surety.
It cannot be denied that a bogus person should not be accepted as a surety. A person who is offering
surety must have acceptable residential proof. He may be a tenant, licensee. 
(4). For the purpose of determining whether the sureties are fit or sufficient, the Court may accept
affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if
it considers necessary, may either hold enquiry itself or cause an inquiry to be made by a Magistrate
subordinate to the Court, as to such sufficiency or fitness.

b. F steals a watch from B and gives it to G. G receives the same knowing it to be a stolen property.
Whether F and G can be charged together? Give reasons. 03
yes, they can be charged together.

b. Z is an eye witness in a criminal case. He cannot speak the language of the Court. State the
procedure to be followed. 03

8. (a) Q is the wife of R. Q is living in adultery with S. Whether Q can claim maintenance from
R? Clarify.03
no

8. (a) A spreads false rumours about COVID-19 virus through social networking sites. District
authorities want to initiate action.
i. State the provisions of law under which action can be initiated.
ii. State the punishment for the above offence. 03

(b) ‘W’, first wife of ‘V’ having no children. ‘V’ during his life time married ‘X’ and
out of that wedlock two sons were born and earning handsome salary.
Subsequently ‘V’ dies. But the children of ‘V’ refuse to take care of their step
mother. Can ‘W’ seek for maintenance from her step sons? 03/04/05
yes, 124

6. (a) Does the Magistrate or Judge have the power to correct the judgment? If it is so, to
what extent? 02/02/02
only typo errors

b. M, an accused was confessing before a Court, meanwhile he was being tutored by a police standing
outside by gestures. Is the confession valid? 04/05
no

b. „H‟, an accused made extra-judicial confession before his friend „S‟ on a promise that „S‟ would
finance „H‟. Is this valid? Give reasons. 04/05
no
b.„Q‟, an accused was convicted for having admitted his guilt for an offence punishable under section
420 IPC before Magistrate, without understanding its contents. Is his conviction valid? Elaborate.04
 Unit IV

c. Explain the hierarchy of ‘Appellate Courts’ and their powers to decide an ‘Appeal’. 07/08
Answer: The Indian criminal justice system works in Two-Tier:-
1.Trial Court– At every District Level, there is a sessions court where the trial is conducted, and
judgments are passed.
2. Appellate courts– The appeals from lower courts are being heard in the appellate courts, the High
Courts and Supreme court are the appellate courts where the judgments of lower courts are being
challenged.
Hierarchy of Criminal Courts in India are as follows: –
In the hierarchy, the Supreme Court of India is the highest and final court of appeal under the
Constitution of India. It is the highest constitutional court. Being the Apex Court of India, it was
established under Article 124 of Part V and Chapter IV of the Constitution of India.
High Courts of India are in the second number in a hierarchy. There are various High Courts at the State
and Union territory level, which together with the Supreme Court of India at the national level, comprise
the country’s judicial system. Each High Court has jurisdiction over a State, a Union territory or a Group
of States and Union territories. In our Constitutional Scheme, the High Court is responsible for the entire
administration of justice in the State.They are governed by the Constitution of India and are bound by
the judgment of the Apex Court. It is the court of Record.
Powers and functions of criminal courts in India
Supreme Court: Supreme court is also known as Apex Court in India and it has the highest authority over
all the courts in India. The Apex court has various powers which are derived from the Constitution of
India and they are as follows: –
 Highest Court of Appeal – The Apex Court is the highest court for appeal in India. It has the power
to hear appeals from all the cases lying in the various High Courts and subordinate courts of our
country. It is the highest Court of Appeal in the entire country under the purview of Articles
132,133,134 & 136.
 Federal Court – As per Article 131 the Supreme Court has the power to resolve any disputes which
arise between two or more states of India.
 Custodian of the constitution- Only the Supreme has the power to hear and decide the issues
related to the Constitution, and only the Supreme Court can interpret the Constitution if any
question arises of Interpretation.
 Power of Judicial review- Article 137 of Constitution gives the power to the Supreme Court that it
can review any legislation passed by parliament, any judgments passed by lower courts in India.
High Court
 Original Jurisdiction- It has Original Jurisdiction given under Article 226 of the constitution to issue
any writs to any person. The original jurisdiction of the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of Court cases. The High Courts have also full powers
to make rules to regulate their business concerning the administration of justice. It can punish for its
contempt under Article 215 of the Constitution.
 Appellate Jurisdiction- The jurisdiction of the High Court extends to all cases under the State laws.
 Revisional jurisdiction- It has revisional jurisdiction conferred under the Civil Procedure Code,1908
and Criminal Procedure Code, 1973
 Supervisory Jurisdiction-This refers to the power of general superintendence of the High Court over
the matters of all the subordinate courts and Tribunals except those dealing with the armed forces
functioning in the State. In exercise of this power it may: –
(i) Call for return from such Courts.
 (ii) May issue general rules and prescribe forms for regulating the practice and proceedings of
such courts, and
(iii) Prescribe forms in which books and accounts are being kept by the Officers of any Court.
This power has made the High Court responsible for the entire administration of Justice in the State.
Lower Courts
Court of the session– In India, there are district courts under different State governments for each
district or one or more districts together considering the number of cases, population distribution in the
district.These district courts administer justice at a district level. At the district level, the District Judge or
Additional District judge exercises jurisdiction both on the original side and appellate side in civil and
criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually
set in concerned State enactments about civil courts. On the criminal side, jurisdiction is exclusively
derived from the criminal procedure code, 1973. As per this code, the maximum sentence a Sessions
Judge may award to a convict is capital punishment.
Chief Judicial Magistrate; Judicial Magistrate First class and Metropolitan Magistrate- Judicial
Magistrates are appointed and controlled by the High Court and discharge judicial functions. Under
section 11 (3) of the Code of Criminal Procedure, 1973, the High Court may confer the powers of the
judicial magistrate of the First Class or the Second Class on any member of the Judicial Service of the
State, functioning as a Judge in a Civil Court.
Judicial Magistrate of Second Class: – Judicial Magistrates are appointed and controlled by the High
Court and discharge judicial functions.
Executive Magistrate: – In India, the Executive Magistrates are appointed and controlled by the State
Government and discharge executive functions, i.e., maintenance of law and order. Unless otherwise
defined by the District Magistrate, the jurisdiction and powers of every Executive Magistrate extend
throughout the district or the metropolitan area, as given u/s 22 of Cr.P.C.

c. Discuss the powers of Revisional Courts. 07/08/08

Or
c. Explain the procedure for Revision. 07/09/10
Or
c. Explain the powers of the Court pertaining to Reference. 06/07/08
Answer: Revision implies reexamination of case which includes illegal assumption, non exercise or
irregular exercise of jurisdiction. In order to maintain a strategic distance from the likelihood of any
miscarriage of justice in cases where no right of appeal is accessible under any law or code has
conceived another review procedure, specifically Revision.
Criminal Revisional Jurisdiction Section 397 to Section 405 of The Code of Criminal Procedure, 1973
includes the powers of revision granted to the higher courts, and the procedure to exercise these
powers.Revision is an art or revising or revisiting a work done with intent to fix the thing for betterment,
a revision of something opens the scope of visiting a work done which might or might not attract
alteration. The precise purpose of Revision is to examine the correctness, legality or propriety of any
proceeding before any inferior court. Revision keeps the lower court within the bounds of their
authority and makes them work accordingly to well defined principle of law. Revisional Jurisdiction is
analogous to Power of supervision and superintendence.
1. As to the correctness, legality, or propriety of any finding, sentence or order, whether recorded or
passed, and
2. As to the regularity of any proceedings of an inferior court.
Moreover, they have the powers to direct the execution of any sentence or an order to be suspended.
Not just this, but to even direct to release the accused on bail or on his own bond if the accused is in
confinement. They may even order an inquiry subject to certain limitations. It is clearly evident that the
appellant courts have been granted such powers so as to obviate any failure of justice.The jurisdiction
conferred under these sections is of supervisory in nature, which gives a very wide scope to the
provisional Court to test the correctness, legality or propriety of any finding, sentence or order. Such
Court may also interfere to examine the regularity of any proceedings. The Sections provide with the
concurrent and coextensive revision jurisdiction to both High Court and Sessions Judge over the
subordinate Criminal Courts within their jurisdiction. The jurisdiction of the others to entertain a revision
petition on the same subject matter is expressly ousted by Sub-Section 3 of Section 397 and Sub-Section
3 of Section 399 of the Code.
Section 397(3) expressly limits that a person is allowed to file only one application for revision either to
the Court of Session or to the High Court, and if one application is made in a court then no further
application for the same subject matter shall be entertained by the other court. And the revisional
powers cannot be exercised in relation to any interlocutory order passed in any appeal, inquiry or trial as
under Section 397(2). Even during the exercise of revisional jurisdiction the Principles of Natural Justice
must be upheld by giving the opportunity of being heard as stated explicitly under Section 401(2).
The section 401(3) is having a greater power as it bars the Court to a finding of acquittal into one of
conviction. The reason for granting a power of revision to victims of crime is so that a superior criminal
court may wield a sort of supervisory jurisdiction which makes certain that justice is given out correctly
and fairly, without any neglect or irregularities of procedures of law, and causing unnecessary burdens
upon the victims involved. A limitation on the power of revision would be that it is discretionary in
nature and must only be exercised by a higher court in exceptional cases where there has been an
evident mistake of law. In the case Pranab Kumar v. State of W. B.the Supreme Court held that revisional
powers do not create any right in the litigant, but only conserve the power of the High Court to see that
justice is done in accordance with the recognized rules of criminal jurisprudence, and that subordinate
criminal courts do not exceed their jurisdiction, or abuse their powers vested in them by the
Code.Revision is broader in sense than appeal . There are certain statutory limitations that have been
imposed on the High Court for exercising its revisional powers as per Section 401 of The Code of
Criminal Procedure, 1973 however the only statutory requirement to exercise this power is that the
records of the proceedings are presented before it, after which it is solely the discretion of the Court:
An accused is to be given due opportunity to hear him and on order cannot be passed unless this is
followed. In instances where a person has forwarded a revisional application assuming that an appeal
did not lie in such a case, the High Court has to treat such application as an appeal in the interests of
justice. An application of revision cannot be proceeded with if it has been filed by a party where the
party could have appealed but did not go for it.
The High Court, as well as the Sessions Court, may call for record of any proceeding of any inferior
criminal Court situated within its jurisdiction for the purpose of satisfying itself as to the correctness,
legality of propriety of any finding, sentence, etc. Thus, the Sessions Judge could examine the question
in relation to the inadequacy of sentence in view of the powers conferred on him by Section 397(1) of
The Code of Criminal Procedure, 1973.
DIFFERENCE OF REVISIONAL POWER:
The difference between the powers of the High Court and the Sessions Court being that the Sessions
Judge can only exercise revisional powers which have been brought to him by the revisionist, whereas
the High Court has the power to take up a revisional matter by itself or when it is brought to its
knowledge. The powers of a Sessions Court are the same as that of the High Court while dealing with
revisional cases.
CONCLUSION: Revision gives power to the victims of crime. They are important to give fair justice and
every individual under Article 21 of the Indian Constitution has a right to life and personal liberty. This
requires fair trial for that trails should be held without mistakes and inadequacies. These powers give
the victims a free chance of being heard and they their case will be presented again after appeal for
revision. High can also take suo moto action on powers of revision. The powers of revision helps in
benefitting people who have been wronged in justice by law or if they are victims of erroneous
decisions. The revisional jurisdiction of the High Court is quite extensive and there can be no form of any
judicial injustice to penetrate this power. High Court has been allowed to use these inherent powers in
all cases of revision and this has been proved in many cases. These inherent powers shall apply to both
substantive and procedural matters. Moreover, there is no doubt that the revisional jurisdiction of the
High Court is quiet extensive. In fact, it can be said that no form of any judicial injustice can permeate
through this power. It has been held in various decisions that the High Court is allowed to exercise it
inherent powers when dealing with cases of revision. These inherent powers apply to both substantive
as well as procedural matters. However, it cannot re-examine any evidence.

c. Explain the powers of Criminal Courts to release women on bail in a non-bailable offence. 07/08
Or
(c) Explain the provisions relating to granting of bail by Sessions Court and High Court. 07/09/10
Answer: MEANING OF BAIL Bail, in law, means procurement of release from prison of a person awaiting
trial or an appeal, by the deposit of security to ensure his submission at the required time to legal
authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond,
is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title
to property, or the bond of private persons of means or of a professional bondsman or bonding
company. Failure of the person released on bail to surrender himself at the appointed time results in
forfeiture of the security.
Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest, e.g., it is
usually refused when the accused is charged with homicide. What is contemplated by bail is to "procure
the release of a person from legal custody, by undertaking that he/she shall appear at the time and
place designated and submit him/herself to the jurisdiction and judgment of the court."
The offences committed by an accused fall under two categories:
1. BAILABLE OFFENCES: Bailable offences are offences mentioned in the I schedule of the Indian Penal
code as bailable offences. When any person accused for a bailable offence is arrested or detained
without warrant by police officer or is brought before a Court, he must be released on bail, if a request
for bail is made. In case of a bailable offence, bail is a matter of right .If such officer or Court thinks it fit,
such person maybe released on a personal bond without sureties. If for any reason, the police doesn’t
give bail, the arrested person must be produced before a Magistrate within 24 hours of arrest.
2.NON-BAILABLE OFFENCES: In case a person is accused of a non-bailable offence it is a matter of
discretion of the court to grant or refuse bail and and application has to be made in court to grant bail.A
person will not be released if there are reasonable grounds for believing that he has been guilty of an
offence punishable with death or imprisonment for life; (or) 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 non-bailable and cognizable offence. However a person under the age of sixteen years or a woman
or a sick or infirm person may be released on bail. If, at any time after the trial of a person accused of a
non-bailable offence and before judgment is delivered, the Court feels that the accused is not guilty of
any such offence, it shall release the accused on bail.
Granting of Bail with conditions:. Section 437 of the Code provides for release on bail in cases of non-
bailable offenses. In such cases, bail is not a matter of right. Court has sufficient discretion to deny or to
grant bail. First Schedule to the Code provides the list of bailable and non-bailable offenses. Further
cases often arise under S. 437, where though the court regards the case as fit for the grant of bail, it
regards imposition of certain conditions as necessary in the circumstances. To meet this need sub-
section (3) of S. 437 provides: When a person accused or suspected of the commission of an offense
punishable with imprisonment which may extend to seven years or more or of an offense under Chapter
VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or
attempt to commit, any such offense, is released on bail under sub-section (1), the Court may impose
any condition which the Court considers necessary: -
(a)In order to ensure that such person shall attend in accordance with the conditions of the bond
executed under this Chapter, or
(b)In order to ensure that such person shall not commit an offence similar to the offence of which he is
accused or of the commission of which he is suspected, or
(c)Otherwise in the interests of Justice. It will be noticed that: -
1)The power to impose conditions has been given to the court and not to any police officer
2)The power to impose conditions can only be exercised -
i)Where the offence is punishable with the imprisonment which may extend to seven
years or more or
ii)Where the offence is one under Chapter VI (Offences against the State), Chapter XVI
(offences against the human body), or Chapter XVII (offences against the property) of
I.P.C, or iii)Where the offence is one of the abetment of or conspiracy to or attempt to
commit any such offence as mentioned above in (i) and (ii).
Power of High Court and the Court of Sessions: The Court may- a. Impose conditions b. Conditions may
be set aside or modified Before granting bail, in cases of offences triable exclusively by Sessions Court
the Court must give notice to the Public Prosecutor. The powers of High Court in granting bail is very
wide. Anticipatory Bail (Section 438 Cr.P.C.). Section 438 provides for discretion to release a person on
bail issued even before the person is arrested. The ingredients of the section are:
1. Only High Court and Sessions Court
2. Commission of non-bailable offence
3. Apprehension of arrest
4. Event of arrest - release on bail
5. Conditions and directions
i. Available for interrogation by the police
ii. No inducement, threat or promise to any person acquainted with the facts
iii. Person shall not leave India
iv. Fulfill conditions for bond, if any
v. Not commit similar offence vi. In the interest of justice
6. Shall be released on bail
7. Magistrate may issue bailable warrant in conformity with the direction of the Court It may be
mentioned that Section 438 applies to both bailable and non-bailable offences and it is not necessary
that FIR or police complaint has been registered before granting Anticipatory Bail. This is an
extraordinary power - exercised sparingly and in exceptional cases. However, the power not unguided or
uncanalised - all limitations of Section 437 to apply.
It has also been the opinion of courts that since right to liberty is an imperative right of a person, an
application seeking Bail should not be decided in a mechanical and perfunctory manner. It is also
relevant to point out that there may be instances when a woman is detained for being an accused of
committing a Non-Bailable offence. It has been held by various courts that releasing a woman accused of
having committed a Non-Bailable offence on special grounds is not discriminatory. In the matter of Mst.
Chokhi v. State, a woman accused of committing murder of her one child was released on bail as there
was no one to look after her other child at home. Further, it has been the opinion of courts at large that
where the prosecution is unable to persuade the court that there is any reasonable ground for believing
that the accused person is guilty of commission of a Non-Bailable offence, in such case the accused
person should be released on Bail. Even in cases where the person is accused of having committed an
offence under Section 307 is enlarged on Bail owing to ill-health. However, it is necessary to appreciate
that there is no specific rule as to when Bail should be granted. It has been the view of the courts that
where a Non-Bailable offence is not punishable with life imprisonment or with death sentence, Bail
should generally be granted and liberty of an accused should not be compromised with.

(c) Explain the hierarchy of Appellate Courts and their powers to decide an appeal. 07/09
Answer: Hierarchy is explained above

Appellate Jurisdiction
Courts with higher authority have the power to exercise appellate jurisdiction. Under this jurisdiction,
the court with higher authority can review the case that has already been decided by a lower court. In
our country, cases are brought in the form of appeal in the Supreme Court and the High Court, both
these courts have the power of appellate jurisdiction. They have the power to overrule the decisions of
the lower court.
The power to exercise appellate jurisdiction lies with the Higher Courts. Through this jurisdiction, courts
have the power to review, amend and overrule the decisions of the lower courts. Article 132, Article 133
and Article 134 of the Indian Constitution deals with the Appellate Jurisdiction of the Supreme Court in
appeals from the high courts in these cases:
If the High Court certifies that the substantial question of law is raised in the case and it needs
interpretation of the Constitution in Constitutional matters.
If the High Court certifies that the substantial question of law of general importance involved in the case
in civil matters.
If in criminal matters, the High Court has withdrawn the case from the Subordinate Court and on appeal
reversed the order of acquittal of an accused and sentenced him to death.
If the High Court certifies that the case is a worth appeal to the Supreme Court.
In any of the cases, whether it is of criminal, civil or any other proceeding, if the case involves the
interpretation of the Constitution then the Supreme Court has the final authority to elaborate the
meaning and the intent of the Constitution.
Legal provisions regarding in an appeal deserving dismissal under section 386 of the Code of Criminal
Procedure, 1973.
As per Section 386(1) of the Code, if the Appellate Court considers that there is no sufficient ground for
interfering, it may dismiss the appeal.
According to Section 386(l)(a) of the Code, the Appellate Court may reverse the order of acquittal and
direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case
may be, or find him guilty and pass sentence on him according to law. An appeal against an order of
acquittal can lie only to the High Court, and if the State does not appeal an acquittal, it becomes final.
The principles to be followed by Appellate Court in exercise of its powers in acquittal cases under
Section 386(a) of the Code are:
(i) First, the Appellate Court has full powers to review the evidence upon which the order of acquittal is
founded;
(ii) The appellate Court should give proper weight and consideration to such matters like, the view of the
Trial Judges as to the credibility of the witness, the presumption of innocence in favour of the accused,
the right of the accused to the benefit of doubt, and the slowness of an appellate Court in disturbing the
finding of fact arrived at by a Judge who had the advantage of seeing the witness.
(iii) The appellate Court in coming to its conclusion should not only consider every matter on record
having a bearing on the questions of fact and the reason given by the Court below in support of its order
of acquittal, but should also express those reasons to hold that the acquittal was not justified.
(iv) As the appellate Court has to give the benefit of doubt to the accused if there are two views of
reasonably possible evidence, the view in favour of acquittal must prevail.
In an appeal from a conviction:
The appellate Court may choose anyone of the following courses in an appeal from a conviction:
(i) According to Section 386(b) (i) of the Code, the appellate Court may, in an appeal from a conviction
reverse the finding and sentence and acquit or discharge the accused, or order him to be retried by a
Court of competent jurisdiction subordinate to such Appellate Court or committed for trial.
Retrial means continuation of the original trial. An order for retrial may be made only in exceptional
cases. If the appellate Court is satisfied that the trial court had no jurisdiction to try the case or that the
trial was vitiated by some serious illegality or irregularity, the accused should be put on his trial again.
(ii) As per Section 386(b) (ii) of the Code, the appellate Court, in an appeal from a conviction, may alter
the finding, maintaining the sentence. Here ‘alter the finding’ means alter the finding of the conviction
and not the finding of acquittal.
(iii) According to Section 386(b) (iii) of the Code, the appellate Court, in an appeal from a conviction,
May with or without altering the finding, alter the nature or the extent, or the nature and extent, of the
sentence, but not so as to enhance the same. A sentence is said to be enhanced when it is made more
severe.
In an appeal for enhancement of sentence:
According to Section 386(c) of the Code of Criminal Procedure, in an appeal for enhancement of
sentence, the appellate Court may:
(i) Reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a
Court competent to try the offence; or
(ii) After the finding maintaining the sentence; or
(iii) With or without altering the finding, alter the nature or the extent or, the nature and extent, of the
sentence, so as to enhance or reduce the same.
According to first proviso to Section 386 of the Code, the sentence shall not be enhanced unless the
accused has had an opportunity of showing cause against such enhancement. Further, as per second
proviso to Section 386 of the Code, the Appellate Court shall not inflict greater punishment for the
offence which in its opinion the accused has committed, than might have been inflicted for that offence
by the Court passing the order or sentence under appeal.
In an appeal from any order:
As per Section 386(d) of the Code, the appellate Court may in an appeal from any other order, alter or
reverse such order.
Consequential or incidental order:
According to Section 386(e) of the Code, the appellate Court may make any amendment or any
consequential or incidental order that may be just or proper.
Indication of reasons necessary for appellate Court reversing judgment of trial Court:
Arguments are not substitutes for reasoning. More so when the appellate Court upsets conclusions of
lower Court. A party is not permitted to say that the arguments are what the Court intended to accept
or to convey. When the appellate Court concurs with the views of the trial Court the necessity for
elaborately dealing with various aspects may not always be necessary.
But when a view contrary to that of the lower Court is expressed, it is imperative that reasons therefore
should be clearly indicated. There is no scope for any departure from this basic requirement. Therefore,
the plea of the accused respondents that even though the judgment of the High Court is not very
elaborately reasoned, yet it can be supplemented by arguments is a fallacious one.
Appeal against conviction—Trial Court committed a serious error in altering the finding:
Where it was shown by evidence on reading as a whole together with evidence of eyewitnesses that
complainant was an eyewitness to the incident, held that trial Court had committed a serious error in
arriving at a finding that complainant was not an eyewitness to such incident. Therefore, said finding
was altered under Section 386 to effect that complainant was an eyewitness to the incident in question.
Interference by High Court disapproving course adopted by trial Court justified.—The principle to be
followed by appellate Court considering the appeal against the judgment of acquittal is to interfere only
when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly
unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process. It
is a compelling reason for interference.
The trial Court appears to have discarded the defence version highlighting unacceptability of the
prosecution version, and came to a conclusion that the shot was made from a close range on the
courtyard. This plea was taken at the argument stage by the prosecution, trying to read prosecution
evidence in a manner so that the ocular evidence and medical evidence do not appear to be
irreconcilable.
The High Court was right in disapproving the course adopted by the trial court. It is an established
position in law that prosecution can succeed by substantially proving the version it alleges. It must stand
on its own legs and cannot take advantage of the weakness in defence case.
The court cannot on its own make out a new case for the prosecution and convict the accused on that
basis. Only when a conclusion is arrived at on the evidence and the substratum of the case is not
changed, such a course is permissible.
The High Court noticed the medical evidence to be consistent with the defence version that the
deceased was hit by the gunshot from a close range and that she was accidentally shot in the scuffle
between the informant party and the accused. Coming to the acceptability of the dying declaration, the
High Court has rightly discarded it.
Appeal against conviction—Appellate Court should not lean in favour of acquittal:
The High Court was not justified in reversing the conviction of the respondent and recording the order of
acquittal. An unmerited acquittal does no good to the society. If the prosecution has succeeded in
making out a convincing case for recording a finding as to the accused being guilty, the Court should not
lean in favour of acquittal by giving weight to irrelevant or insignificant circumstances or by resorting to
technicalities or by assuming doubts and giving benefit thereof where none reasonably exists.
A doubt, as understood in criminal jurisprudence, has to be a reasonable doubt and not an excuse for a
finding in favour of acquittal. An unmerited acquittal encourages wolves in the society being on the
prowl for easy prey, more so when the victims of crime are helpless females or minor children. The
Courts have to display a greater sense of responsibility and to be more sensitive while dealing with
charges of sexual assault on women, particularly of tender age and children.
Duty of Appellate Court—While reversing order passed by the trial Court it should assign reasons:
The High Court by recording the concessions shown by the counsel in the criminal proceedings refrain
from assigning any reason even in orders by which it reverses the orders of the lower Courts. In our
opinion, this is not proper if such orders are appealable, be it on the ground of concession shown by the
learned counsel appearing for the parties or on the ground that assigning of elaborate reasons might
prejudice the future trial before the lower Courts.
The High Court should not, unless for very good reasons desist from indicating the grounds on which
their orders are based because when the matters are brought up in appeal, the Court of appeal has
every reason to know the basis on which the impugned order has been made. It may be that while
concurring with the lower Courts’ order, it may not be necessary for the said appellate Court to assign
reasons but that is not so while reversing such orders of the lower Courts.
It may be convenient for the said Court to pass orders without indicating the grounds or basis but it
certainly is not convenient for the Court of appeal while considering the correctness of such impugned
orders. The reasons need not be very detailed or elaborate, lest it may cause prejudice to the case of the
parties, but must be sufficiently indicative of the process of reasoning leading to the passing of the
impugned order. The need for delivering a reasoned order is a requirement of law which has to be
complied with in all appealable orders.
In a murder case, the accused was acquitted disbelieving the evidence as to sequence of events in which
deceased was assaulted. The incidents were found contradicted by the post-mortem report. Evidence of
prosecution witnesses also contradicted the story as given in F.I.R. Acquittal recorded by disbelieving
prosecution case. The High Court while dealing with an appeal from a judgment of acquittal had almost
reproduced the F.I.R. as also the depositions of the prosecution witnesses.
The Supreme Court held that the judgment of the High Court cannot be sustained as the appellant Court
will also bear in mind that there is a presumption of innocence in favour of the accused and the accused
is entitled to get the benefit of any doubt and further if it decides to interfere, it should assign reasons
for differing with the decision of the trial Court. The Supreme Court ordered that the appellant shall be
released forthwith.
Appeal against inadequacy of sentence: In appeal against inadequacy of sentence for dishonour of
cheque could be filed only by the State before the High Court.

c. Explicit the provision relating to disposal of property. 07/08

Or
c. Explain the powers of court for disposal of properties. 06/07/08
Answer: Disposal of property or documents by the criminal court during inquiry or trial is a crucial issue
in some cases. The legal provision relating to it is well provided for in the Chapter 34 consisting of
Sections 451 to 459 of the Criminal Procedure Code, 1973 (CrPC). The chapter applies to four categories
of objects The chapter specifically deals with disposal of the following four categories of property or
document of which an offence has been committed which has been used for committing an offence
which has been produced before the court which is in the custody of the court The court can issue
orders, including interim ones, for the proper custody and disposal of property or documents which fall
within any one of the above categories. All documents or articles produced before any court for the
purpose of evidence marked as documentary exhibits or material objects come under the term
property. They can be disposed of as laid down in these sections. Types of property & methods of
disposal The items of property that the police seize in a criminal investigation can be categorized into
following three kinds. They are:- Articles found upon search of a person arrested Property allegedly
suspected to have been stolen Property found under suspicious circumstances of commission of an
offence Similarly, the methods for disposal of the property that a court can follow are numerous. They
are by destruction, confiscation, delivery to any person claiming to be entitled to possession of the
property, restoration to person dispossessed etc. The court has unfettered discretion in taking
appropriate decision in regard to disposal of property while considering each situation which in many a
case be unique.
CHAPTER-34 SECTION 451-459, THE CODE OF CRIMINAL PROCEDURE, 1973.
The Code has given the power to the courts which are relating to the disposal of the properties which
are in dispute after the trial has been concluded as the court thinks fit either by destruction,
confiscation, or by endorsement to the person claiming it.
SECTION 451: Order For Custody And Disposal Of Property Pending Trial In Certain Cases.[1]
It provides that the court may take custody of a property which it thinks fit for the proper custody of
such property pending the conclusion of the inquiry or trial. It also provides that if the property is
subject to speedy and natural decay, the court may order to sell or otherwise dispose of.
And for the above purposes of the above-stated section, the term PROPERTY includes:-
Property of any kind or document which is produced before the Court or which is in its custody.
Any property regarding which an offence appears to have been committed or which appears to have
been used for the commission of any offence.
SECTION 452: Order For Disposal Of Property At Conclusion Of Trial.[3]
It says that after the inquiry of the trial process is done, the court may make an order to dispose of the
property. The methods that can be used are as follows:
(i) Disposal
(ii) Destruction
(iii) Confiscation
(iv) Delivery to any person claiming to be entitled to possession thereof
Now, if the property which is delivered to the person claiming for its entitlement, may execute a bond
with/without securities. The bond contains that he will restore or give back the property to the court if
the order is modified or set aside on appeal or also on revision in any case.
A Court of Session may order to direct the property to deliver to the Chief Judicial Magistrate, who shall
thereupon deal with it in the manner provided in sections 457, 458, and 459.
If the property is subject to speedy and also natural decay, shall not be carried out for 2 months or when
an appeal is presented, until disposition of the appeal.
SECTION 453: Payment To Innocent Purchaser Of Money Found On Accused[4]
It says that if a person purchases a stolen property with bonafide intention, without knowing that the
property is stolen, then this property may be recovered from the person and if the amount is recovered
by the accused, then he may be entitled to the same amount (not exceeding the price paid by the
purchaser) which was given by him for the property.
SECTION 454: Appeal Against Orders Under Section 452 Or Section 453[5]
This section provides a person who can appeal against an order made by a court under section 452 or
section 453 to the Court to which appeals ordinarily lie from convictions by the former Court.
On this, the Court may direct the order to stay pending disposal of the appeal or may modify, alter or
annul the order and make any further orders that may be just.
SECTION 455: Destruction Of Libellous And Other Matter[6]
It says that if a person is convicted under section 292, 293, 501 or 502 of the Indian Penal Code (45 of
1860), the court can order the destruction of all the copies of the thing in respect of which the
conviction was had, and which are in the custody of the Court or remain in the possession or power of
the person convicted.
Also, if a person convicted under section 272, 273, 274, or section 275 of the Indian Penal Code (45 of
1860), the court can order the food, drink, drug, or medical preparation in respect of which the
conviction was to be destroyed.
SECTION 456: Power To Restore Possession Of Immovable Property[7]
Basically, this section deals with the immovable property as sections 451 to 455 deals with movable
property. It says, if a person convicted of an offence attended by criminal force or show of force or by
criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation,
any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that
possession of the same be restored to that person after evicting by force, if necessary, any other person
who may be in possession of the property, Provided that no such order shall be made by the Court more
than one month after the date of the conviction.
SECTION 457: Procedure By Police Upon Seizure Of Property[8]
It provides the Procedure By Police Upon Seizure Of Property. It says that whenever the court gets a
report of seizure of property by the police, even if such property is not produced before a criminal court
during an inquiry as well as trial, the court can order disposal of the property as it deems fit.
Sub-Section (2) saya that if a person so entitled is known, the court may order the property to be
delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown,
the court may detain it and shall, in such case, issue a proclamation specifying the articles of which such
property consists, and requiring any person who may have a claim thereto, to appear before him and
establish his claim within six months from the date of such proclamation.
SECTION 458: Procedure When No Claimant Appears Within Six Month[9]
This section says that if no person claims the property to be his own or the person in whose possession
such property was found is unable to show that it was legally acquired by him, within a period of 6
months, the court may by order direct that such property shall be at the disposal of the State
Government and may be sold by that Government and the proceeds of such sale shall be dealt with in
such manner as may be prescribed.
SECTION 459: Power To Sell Perishable Property[10]
This section states that if a property which is perishable and the possession of such property is unknown
or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its
seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of
such property is less than five hundred rupees, the court may at any time direct it to be sold; and the
provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of
such sale.

4 Explicate the concept of ‘Bail’. 08/07

Answer: Bail means to procure the release of a person from legal custody, by undertaking that he/she
shall appear at the time and place designated and submit him/herself the jurisdiction and judgment of
court.
sec 2(a) - defines bailable offince means offence which is shown as bailable in first schedule, or which is
made bailable by any other law for the time being in force.
Bail denotes the provisional release of an accused in a criminal matter in which the court is yet to
announce a judgment. The expression 'bail' means a security deposited to appear before the court for
release. Originally, the word is derived from an old French verb ‘bailer’ which means ‘to give’ or ‘to
deliver’. A ball is granted to an accused after presenting a bail bond to the court.
The primary objective of arrest is to ensure that the accused in a criminal case appears before the court
for the conveyance of justice. However, if the person’s presence can be guaranteed for the court trial
without putting the person in a jail, it would unfair and unjust to violate a person’s liberty. Thus, bail can
be granted as a conditional liberty to the accused.
Types Of Bail In India
There are commonly 3 types of bail in India which a person can apply depending upon the stage of the
criminal matter:
1. Regular Bail: A regular bail can be granted to a person who has already been arrested and kept in
police custody. A person can file a bail application for regular bail under Section 437 and 439 of the
CrPC.
2. Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is granted to an
accused before the hearing for the grant of regular bail or anticipatory bail.
3. Anticipatory Bail: A person who discerns that he may be arrested by the police for a non-bailable
offence, can file an application for anticipatory bail. It is like an advance bail obtained under Section
438 of the CrPC. A bail under Section 438 is a bail before arrest and a person cannot be arrested by
the police if the anticipatory bail has been granted by the court.
Conditions For Bail In Bailable Offences
Section 436 of the CrPC lays down that a person accused of any bailable offence under the IPC can be
released on bail. Bailable offences under the IPC include unlawful assembly (Section 144 of CrPC),
payment of bribe during elections, fabrication of false evidence, sale of poisonous food or drink
knowingly, participation in riots, being armed with deadly weapon, furnishing false information, threat
of injury to public servant, selling adulterated drug, selling obscene book, causing death by negligence
(Section 304A), stalking, criminal defamation, etc.
In any of the above-mentioned offences, a person can hire a bail/anticipatory bail lawyer in India to
apply for bail. However, there are certain conditions on which a bail can be granted in case the person is
arrested or is likely to be arrested for a bailable offence:
 There are sufficient reasons to believe that the accused has not committed the offence.
 If, as per the court, there is sufficient reason to conduct further enquiry in the matter.
 The person is not accused of any crime for which is punishable with death, imprisonment for life or
imprisonment up to 10 years.
Conditions For Bail In Non-Bailable Offenses
An accused does not have the right to apply for bail in case of a non-bailable offence. The power to
release a person on bail in a non-bailable offence lies with the court. Section 437 of the CrPC lays down
the power of court to grant a bail to a person even in a non-bailable offence.
Non-bailable offences under the IPC include sedition, waging or attempting to wage war against the
government, counterfeit of Indian currency, adulteration of drug, murder (Section 302), culpable
homicide not amounting to murder (Section 304), dowry death (Section 304B), abetment of suicide,
abetment of suicide, abduction of child under 10, trafficking of person, rape (Section 376), cruelty by
husband or his relatives (Section 498A), etc.
A person can get legal advice from a good criminal law lawyer in India to apply for a bail in non-bailable
offence. The conditions on which the court grants a bail in a non-bailable offence are as follows:
1. If the accused is a woman or child(below 16), bail can be granted in a non-bailable matter.
2. If there is a lack of adequate evidence, the court can grant a bail in non-bailable offence on
discretion.
3. If there is a delay in registering the FIR by the complainant.
4. If the person accused is physically or mentally sick.
5. If there is some corroboration as to personal animosity between the accused and the person who
filed the criminal matter.
Bail may not be given to:
1) Accused is habitual offender
2) Previously convicted
3) Court considers that accused will abscond
Cancellation Of Bail
The court has the power to cancel a bail granted even at a later stage. The power of the court is laid
down under Section 437(5) and 439(2) of the CrPC. The court can cancel the bail granted by it and give
directions for the arrest of the person in police custody. However, the court does not have the power to
cancel a bail granted by a police officer.

(c) How the sentence of imprisonment for a term be executed? Substantiate. 07/08
Answer:Execution of sentence of death
Execution of order passed under Section 368
Under Section 366 of the CrPC,1973, a session judge cannot execute a death sentence without the
confirmation of the High Court, till that time the convict has to be in jail custody. The High Court, under
Section 368 of the CrPC, looks into the case. The High Court can:
 Confirm the sentence given by the Session Court.
 Annul the conviction and convict the accused of the same charges as that of the Session Court or
may order for fresh proceedings on the same or altered charges.
 May acquit the person, as the time for the appeal has not lapsed yet or the appeal has been
disposed of.
 Any order received by the Session Court from the High Court has to be executed by the Session
Court by way of issuance of a warrant. (Section 413 of the CrPC).
Execution of sentence of death passed by High court
Under Section 414 of the CrPC, if the High Court, passes the order of death sentence in appeal or
revision, the Session Court has to carry on the order by issuing a warrant.
Execution of sentences of imprisonment
Under Section 418 of the CrPC, a person who is imprisoned for life or for terms other than those
mentioned in Section 413 of the CrPC, the court passing such sentence has to give a warrant to the place
where the person has to be confined unless such person is confined to such place. However it must be
the person who is imprisoned till the court is rising, then there is no need to forward a warrant to the jail
and the person shall be confined as per the direction of the court.
Under Section 418(2) of the CrPC, if the accused is not present in the court at the time when he is
sentenced to such imprisonment, then, in that case, the court has to order for the arrest of that person,
by way of an arrest warrant, for forwarding him to jail or any other place where he shall be confined and
the sentence will start from the time of arrest of the accused.
In the case of Ishwarbhai Hirabhai Churana vs the State of Gujrat, this Section is held to be mandatory.
Moreover, under this Section, the court also owes a duty to ensure that the sentence is executed,
otherwise, the accused may avoid it.
The warrant issued is non – bailable, as it empowers the authority to arrest the person, after the
issuance of this warrant. Such a warrant is necessary in case the sentence was pronounced in the
absence of the accused.
A warrant for the execution of sentence of imprisonment
Under Section 419 of the CrPC, the warrants for the execution of the sentence of imprisonment has to
be directed to the in-charge of the jail or of any place in which the accused is to be confined. But if the
person is to be confined in the jail, then the warrant needs to be given to the jailor.
Execution of the sentence of fine
1. A warrant for the levy of fine
2. When the court sentences to levy the fine on the offender, it can recover it through either or both of
these methods
3. Issue of warrant for the levy of amount through the attachment of the movable property of the
offender.
4. Issue of a warrant to the district collector and order him to collect it as an arrear of land revenue
accruing from a movable or immovable property or both. The collector, in this case, shall collect the
arrears of revenue as per the prevailing laws with respect to the collection of revenue in the
country. The warrant here will only serve the purpose of a certificate. It is important to note that in
case it is mentioned that there shall be imprisonment if default of payment happens, and if the
offender has already served the default sentence, then no court shall issue such warrant, unless
there are some special circumstances which have to be recorded in writing, or if there is an order for
the payment of compensation of fine that arose as per the provisions of Section 357.
5. The state government can make rules in regards to how the execution of the recovery of the fines
would take place and the summary claims made by a person other than the offender himself would
be considered accordingly.
6. No such warrant shall be executed by the arrest or detention of the person in the prison.

c. What is meant by compounding of offence? Can any offences be compounded? 06/07/08

Answer: The final purpose of criminal law is that justice is done by either providing appropriate
punishment to the offender or acquitting the accused person and ensuring that the offender is
effectively rehabilitated.
Now, since the criminal does not aim at punishing the offender or eliminating offenders from the
society, the Code of Criminal Procedure, 1973 has been imbibed with provisions for the settlement of
cases outside the court if the accused understands his/her acts and is willing to pay for the damages
caused by him. The act of settling a criminal prosecution outside the court with mutual consent of the
victim and the offender is called compounding of offences.
Not all offences are allowed to be settled outside the court. Section 320 of the CrPC which allows
compounding of offences under the IPC and other offences lays down a table specifically mentioning the
offences which can be settled outside the court and by whom. Offences which are allowed to be settled
outside the court are called compoundable offences and which are not allowed to be resolved outside
the court are called non-compoundable offences.
Objectives of Compounding of Offences
The provisions for compounding of offences came as a new provision after the Criminal Procedure Code
1898 was devoured by the present Criminal Procedure Code. The main objectives as laid down in the
41st law commission report which suggested the present CrPC are as follows:
Amicable Settlement: Compounding of offences allows amicable settlement of criminal cases which
otherwise would involve leading voluminous evidence, oral and documentary, and allegations will be
hurled on each other. Composition of the issue assists is avoiding these circumstances and dispose of
the prosecution in a most ameliorating manner.
Reducing Burden of Courts: Criminal courts are always overburdened with cases because of the
increasing number of crimes in the society. Every n
Offences Compoundable without the permission of the court
Besides the above-listed offences, there are petty offences which do not have any effect on the society
and even if there is some malicious intention to settle between the accused and the victim, it can be let
go considering the non-heinous trait of the offence. In these cases, the parties agree upon a settlement
and inform the court that they have settled the case and the prosecutor withdraws the prosecution.
The distinction between compounding of offence and plea bargaining is that compounding is stigma
free, whereas plea bargaining has some taint of guilt. Lesser punishment is awarded in plea bargaining
for not fully contesting the case.
As per Sub Section (5) of Section 320, when the accused has been committed for trial or when he has
been convicted and an appeal is pending, no composition for the offence shall be allowed without the
leave of the Court to which he is committed or, as the case may be, before which the appeal is to be
heard. Application for compounding the offence shall be made before the same court before which the
trial is proceeding.
Sub Section (6) provides that a High Court or Court of Session acting in the exercise of its powers of
revision under Section 401 may allow any person to compound any offence which such person is
competent to compound under Section 320 of the Code.
Sub section (7) provides for a limitation to compounding of offences. It says that no offence shall be
compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment
or to a punishment of a different kind for such offence.
Sub Section (8) prescribes that a compounding of offence under section 320 shall have the effect of
acquittal of the accused with whom such offence has been compounded.
Sub section (9) bars any contravention from the provisions of Section 320. It prescribes that no offence
shall be compounded except as provided by Section 320 of the Code.

c. What is meant by Private Complaint? Explain the procedure adopted by court soon after receipt of
the complaint. 06/07/08
Answer: Private Complaint means any allegation made orally or in writing before a magistrate against
one or more known or unknown person with a view to take action for the commission of offence, But it
does not include police report.
Private complaint means, complaint filed by the party before a magistrate referring IPC sections. It has
to be filed under section 190 crpc and the court on taking cognizance of the complaint may order for
investigation under 156 crpc.
The procedure to be adopted when a complaint is lodged, as laid down in Ss. 200-203, is briefly as
follows:
(i) Under S. 200, the Magistrate must examine on oath, the complainant and his witnesses, if any, at
sufficient length, to satisfy himself as to the veracity of the complaint, or as to any points on which it is
silent, or on which there may be any doubt. (The object of this provision is to find out whether the
allegations make out a prima facie case to enable him to issue a process.)
(ii) If the Magistrate finds no prima facie reason to distrust the complainant, and the facts constitute an
offence under the law, he must issue a process forthwith.
(iii) If he distrusts the complainant altogether, or if no offence is made out, he must dismiss the
complaint.
(iv) If, however, his distrust is not sufficiently strong to warrant action upon it, he can postpone the issue
of process, pending further inquiry under S. 202.
If the complaint is made to any Magistrate, who is not competent to take cognizance of the offence, he
must-
(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.
It is also provided (by S. 202) that the Magistrate may also 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 any other person as he may think fit, for the purpose of deciding whether or not there is
sufficient ground for proceeding in the matter. However, no such direction for investigation can be made
—
(a) Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court
of Sessions; or
(b) Where the complaint has not been made by a Court, unless the complainant and the witnesses
present (if any) have been examined on oath under S. 200.
S. 203 provides that if, after considering the statements of the complainant and witnesses and the result
of the inquiry or investigation, if any, the Magistrate is of the opinion that there is no sufficient ground
for proceeding further in the matter, he must dismiss the complaint, and must also briefly record his
reasons for doing so.
Broadly speaking, a Magistrate may dismiss a complaint in the following three cases:
(i) If, upon the statement of the complainant recorded under S. 200, he finds that no offence has been
committed.
(ii) If he distrusts the statement made by the complainant.
(iii) If he distrusts such a statement, but his distrust not being strong enough to warrant him to act upon
it, he directs further inquiry (under S. 202), and after that, finds that there is no sufficient ground for
proceeding against the accused.
The Supreme Court has held that if the bare perusal of a complaint or the evidence shows that the
essential ingredients of the alleged offence are absent, or that the dispute is only of a civil nature, or
that there are such patent absurdities in evidence that it would be a waste of time to proceed further,
the complaint would properly be dismissed. (Debendranath,—A.I.R. 1972 S.C. 1607)
The Courts have held the view that the Magistrate should not dismiss a complaint without hearing the
witnesses of the complainant who are present in Court. In other words, the complainant should be given
an opportunity of establishing the truth of his allegations by having his witness’ evidence tested by the
Court. However, the Magistrate would be justified in dismissing a complaint without examining the
witnesses who are merely cited by the complaint, but who are not present in the Court.
In one case of murder, the complainant had come with a list of nine witnesses. However, only six
witnesses were examined. It was held that the omission to make a statement or give in writing that the
complainant did not propose to examine the other three witnesses would not vitiate the order for
summoning the accused persons.
In such a case, it can be presumed that the complainant examined only six witnesses who he would have
been entitled to examine in the Sessions Court. When the case is heard by the Sessions Court, the
complainant cannot be permitted to examine these three witnesses. (Leela Dhar v. State of U.P., 1991)
If a complaint is in respect of a dispute of a civil nature, it ought to be dismissed, even if dressed up as a
crime. If, on the other hand, the allegations contained in the complaint disclose a criminal offence, the
Magistrate should not dismiss the complaint, simply because technical language is not used in the
complaint.
The Nagpur High Court has held that a Magistrate is entitled to use his power under this section when
he considers that there is grave and gross exaggeration. It is in the interest of justice that complaints
should not be entertained when allegations considered to be utterly false and liable to lead to perjury
are made, which may ruin the prosecution case, even as regards those parts of the complaint which may
be reasonably true. (Narayan,—A.I.R. 1949 Nag. 318)
The Madras High Court has ruled that where according to the muchilika, the complainant was to appear
in Court at 10 a.m. but he appeared at 11 a.m., which was the appointed hour for the sitting of the
Court, the dismissal of the complaint was not justified. (Thanikachala,—A.I.R. 1947 Mad. 389)
If the Magistrate dismisses the complaint under S. 203, he must record his reasons for doing so, for, if he
does not, it would not be possible for the High Court to consider whether the Magistrate has properly
exercised his discretion. Failure to record the reasons, therefore, is not a mere irregularity, but amounts
to a direct disobedience of the law by the Magistrate.

7. a. What is ‘Bail’? 02
Or
7. a. What is „bail‟? 02
Bail means to procure the release of a person from legal custody, by undertaking that he/she shall
appear at the time and place designated and submit him/herself the jurisdiction and judgment of court.
Bail denotes the provisional release of an accused in a criminal matter in which the court is yet to
announce a judgment. The expression 'bail' means a security deposited to appear before the court for
release. Originally, the word is derived from an old French verb ‘bailer’ which means ‘to give’ or ‘to
deliver’. A ball is granted to an accused after presenting a bail bond to the court.
The primary objective of arrest is to ensure that the accused in a criminal case appears before the court
for the conveyance of justice. However, if the person’s presence can be guaranteed for the court trial
without putting the person in a jail, it would unfair and unjust to violate a person’s liberty. Thus, bail can
be granted as a conditional liberty to the accused.
Types Of Bail In India
There are commonly 3 types of bail in India which a person can apply depending upon the stage of the
criminal matter:
1. Regular Bail: A regular bail can be granted to a person who has already been arrested and kept in
police custody. A person can file a bail application for regular bail under Section 437 and 439 of the
CrPC.
2. Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is granted to an
accused before the hearing for the grant of regular bail or anticipatory bail.
3. Anticipatory Bail: A person who discerns that he may be arrested by the police for a non-bailable
offence, can file an application for anticipatory bail. It is like an advance bail obtained under Section
438 of the CrPC. A bail under Section 438 is a bail before arrest and a person cannot be arrested by
the police if the anticipatory bail has been granted by the court.

(b) Write a short note on arrest by magistrate. 03/02

The term “Arrest” means apprehension of a person by legal authority so as to cause deprivation of his
liberty. Thus, after arrest, a person’s liberty is in control of the arrester[1]. In criminal law, arrest is an
important tool for bringing an accused before the court and to prevent him from absconding.
Arrest can be made by police officer, Magistrate or any private person, like you or me can also arrest a
person but that can made only in accordance with the legal provisions mentioned in CrPC. CrPC exempts
the members of Armed forces from being arrested for anything done by them in discharge of their
official duties except after obtaining the consent of the government
Under Section 44 clause (1), the Magistrate has been given the power to arrest a person who has
committed an offence in his presence and also commit him to custody. Under in clause 2, the Magistrate
has the power to arrest a person for which he is competent and has also been authorized to issue a
warrant. However, Section 45 protects members of Armed Forces from the arrest where they do
something in the discharge of their official duties. They could be arrested only after obtaining the
consent of the Central Government.

7. a. What is meant by Petty Offence? 02

Petty Offense Mean: A minor crime and for which the punishment is usually just a small fine or short
term of imprisonment
The Code of Criminal procedure 1973 contains certain interesting provisions where under certain “petty
offences” can be dealt with without summoning the accused in court. Such provisions have some
relevance to the subject of the present study. Although the person dealt with under such procedure
under goes a conviction and therefore there is no “decriminalisation” in the literal sense, yet, there is at
least a situation where the stigma of criminality is, for all practical purposes, avoided. It is, therefore,
desirable to refer to the relevant provisions, which is the object of this Article. Reference to these
provisions will serve another purpose also.

(c) What is Proclamation? 03

Answer: Legal provisions regarding proclamation for person absconding under section 82 of the Code of
Criminal Procedure, 1973.Section 82 of the Code provides that if a Court has reason to believe that any
person to whom a warrant has been issued by it has absconded, or is concealing himself so that the
warrant cannot be executed, the Court may publish a written proclamation requiring him to appear at a
specified place and at a specified time, which should not be less than 30 days from the date of
publishing the proclamation.
Essentials of Proclamation
1. According to the Criminal Procedure Code, these are the four essentials of proclamation:
2. The proclamation shall be read publicly in the part of the town or village where such person resides;
3. The written proclamation shall be affixed to some conspicuous (clearly visible) part of the house in
which such person resides;
4. A copy of such publication will also be affixed at the courthouse;
5. If the court thinks fit, it may order to publish such publication in a daily newspaper circulating in the
area where such person resides.
Anytime after the proclamation under section 82 of the Criminal Procedure Code, the court may order
attachment of property, whether movable or immovable belonging to the proclaimed person. Reasons
shall be recorded for such attachment.
Attachment may be ordered simultaneously with proclamation if the court has a reason to believe that
the person proclaimed is about to:
 dispose of the whole or any part of the property,
 remove the whole or part of the property from the local jurisdiction of the court.
The property attached will be at the disposal of the State Government.

8. a. What is an Anticipatory Bail? 02

Or
(c) Prepare a note on Anticipatory Bail. 03/02
Or
7. a. What is „Anticipatory Bail‟? 02
Or
7. (a) When anticipatory bail is applied? 02
Anticipatory Bail: A person who discerns that he may be arrested by the police for a non-bailable
offence, can file an application for anticipatory bail. It is like an advance bail obtained under Section 438
of the CrPC. A bail under Section 438 is a bail before arrest and a person cannot be arrested by the
police if the anticipatory bail has been granted by the court.
Anticipatory Bail (Section 438 Cr.P.C.). Section 438 provides for discretion to release a person on bail
issued even before the person is arrested. The ingredients of the section are:
1. Only High Court and Sessions Court
2. Commission of non-bailable offence
3. Apprehension of arrest
4. Event of arrest - release on bail
5. Conditions and directions
i. Available for interrogation by the police
ii. No inducement, threat or promise to any person acquainted with the facts
iii. Person shall not leave India
iv. Fulfill conditions for bond, if any
v. Not commit similar offence vi. In the interest of justice
6. Shall be released on bail
7. Magistrate may issue bailable warrant in conformity with the direction of the Court It may be
mentioned that Section 438 applies to both bailable and non-bailable offences and it is not necessary
that FIR or police complaint has been registered before granting Anticipatory Bail. This is an
extraordinary power - exercised sparingly and in exceptional cases. However, the power not unguided or
uncanalised - all limitations of Section 437 to apply.

8. (a) What is an Appeal? 02

Answer: The term “appeal” has not been defined in the code.According to the dictionary meaning, an
appeal is a complaint or grievance to a superior court for reconsideration or review of a decision, verdict
or sentence of a lower court.
An appeal is a method of correction of manly error or solution of human frailty.A right of Appeal is not a
natural or inherent right. It is a statutory right and must be governed by the statute which grants it.
It needs to be pointed out that except for the statutory provisions laid down by CrPC or any other law
which is in force, an appeal cannot lie from any judgment or an order of a criminal court.[3] Thus, there
is no vested right to appeal as such as even the first appeal will be subjected to statutory limitations. The
justification behind this principle is that the courts which try a case are competent enough with the
presumption that the trial has been conducted fairly. However, as per the proviso[4], the victim[5] has a
right to appeal against any order passed by the Court under special circumstances comprising of a
judgment of acquittal, conviction for lesser offence or inadequate compensation.
Chapter XXXIX (Section 372 – 394 of Cr.PC) deals with Appeals.

7. a. What is the procedure to be adopted if there is a difference of opinion between two judges of the
High Court in a criminal appeal? 02
Section 370 Procedure in case of differences of opinion.: Where any such case is heard before a Bench
of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner
provided by section 392.
Section 392 – Procedure where Judges of Court of appeal are equally divided: When an appeal under
this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the
appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such
hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion;
Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another
Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger
Bench of Judges.

b. X is awarded death penalty in a case. State the procedure to be followed. 03

Answer:Section 413 : Execution of order which is passed under Section 368
When a case is submitted for confirmation of sentence of death in the High Court then the Session’s
Court receives the order of High Court or the confirmation order and it shall cause such an order for
issuing a warrant or for taking necessary steps.
Section 414 : Execution of the death sentence passed by the High Court
In appeal or revision, when a death sentence is passed by the High Court and when the order is received
by the Session’s Court they cause the order into effect by issuing a warrant.
Section 415 : Appeal of Supreme Court and postponement of death sentence
1. When a death sentence is passed by the High Court and an appeal of the Supreme Court lies to that
order under Section 134 of the Constitution then the High Court shall postpone the execution of such
sentence or order until the period for appeal has expired or disposed of.
2. When an application is made by the person sentenced under Article 132 then also the High Court
postpones the execution of the death sentence until such application has been disposed of by the High
Court or period for application has been expired.
3. When a death sentence is passed by the High Court and the person sentenced presents a petition to a
Supreme Court for grant of special leave under Article 136 then the High Court shall postpone such
order till a sufficient time for him to present a petition.

9. (a) Z is a person of unsound mind who is alleged to have committed a crime. State the
procedure to be adopted in his trial. 03
Answer:the Criminal Procedure Code (CrPC) deals with persons of unsound mind under chapter 35 of
the code in sections 328 to section 338.
The general perception is that any act done by a person who is of unsound mind is not a crime who at
the time of commission of the crime was of unsound mind.
The main intention of including these provisions is to give a humane approach to the manner in which
court proceedings are to be conducted. The provisions are for the best interest of the individual who is
of unsound mind and great care has been taken that the approach which is taken by the courts is a
therapeutic one.
PROVISIONS AS TO ACCUSED PERSON OF UNSOUND MIND
Sec 328 of the Code provides a general procedure as to what a magistrate has to do when he gets an
idea that a person is of unsound mind.
When a magistrate is holding an inquiry and during that inquiry he has a general reason to believe that
the person against whom he is conducting that inquiry is of unsound mind and that person is not
capable of defending himself during the course of inquiry then he shall check the same by getting the
person examined by a medical practitioner.
Once the medical practitioner ascertains that the person is of unsound mind then he shall get the person
checked by a psychiatrist/psychologist who in turn is responsible for informing the magistrate as to
whether the person is of unsound mind or is mentally retarded.
During the above inquiry, the magistrate may deal with the person in accordance with sec 330m of the
code.
Once the magistrate is informed that the person is of unsound mind, then the magistrate should find out
that whether the person can defend himself for the inquiry.
If the person cannot enter his defence then the magistrate shall hear the prosecution and examine the
records and also hear the advocate for the person. He cannot question the person and if he finds that no
primafacie case is made out then he shall discharge the person.
If he finds that primafacie evidence is there then he shall postpone the proceedings for a time till the
person’s unsoundness can be treated as per the opinion of the psychiatrist/psychologist and he shall
order the person to be dealt with as per provisions of sec 330.
If the magistrate is informed that the person is mentally retarded then the magistrate shall inquire
whether the person can enter his defence. If the person cannot enter his defence then he shall close the
inquiry and deal with the person as per provisions of sec 330.
Procedure in case of a person of unsound mind tried before the court
The procedure is the same as above for sec 329. The only difference between section 328 and sec 329 is
that sec 328 is with respect to when the magistrate is holding an inquiry and sec 329 deals with the trial
of a person before a Magistrate or Court of Session.

8. a. What is meant by reference? 02

Or
8. a What is meant by ‘Reference’? 02
Or
8. a. When can a case be referred to the High Court? 02
Answer: The term reference has nowhere been defined in CrPC 1973. Reference is a process by which is
subordinate Court obtains advice of the High Court on question of law.The provision related with
reference have been dealt under section 395 and 396 of the criminal Procedure Code 1973.
The object behind reference is to remove legal deadlock.According to Section 395 reference shall always
be made on question of law.
According to Section 395 question of law may be classified into two classes. –
 Question of law relating to validity of any Act, Ordinance, Regulation etc
 Any other question of law.
In a subsequent case reference is optional. But in Pharma case reference is mandatory.
Essential conditions for reference
Following conditions are necessary for reference. –
1. The case must be pending before the subordinate Court.
2. Such case must involves equation of law relating to validity of any act ordinance or regulation.
3. For the disposal of pending case determination of such question of law necessary.
4. The subordinate Court is of opinion that the act in question is invalid or in-operative.
5. Such determination has not been done by the high court or Supreme Court.
Upon fulfilment of the above conditions subordinate Court salary for the case to the concerned High
Court.
Procedure after reference (396)
According to Section 396 the subordinate courts dispose of the case in the same manner as provided by
the High Court.
Status of accused during pendency of reference
According to Section 395(3) during pendency of reference subordinate Court may commit the accused
to jail or release him on bail.

(b) State the procedure to be followed by a Court of session soon after receiving a
Memorandum of Appeal. 03/02
Answer: 381. Appeal to Court of Session how heard.
(1) Subject to the provisions of sub- section (2), an appeal to the Court of Session or Sessions Judge shall
be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a
conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an
Assistant Sessions Judge or a Chief Judicial Magistrate.
(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.

7. (a) What is Remission of sentence? 02/02/02

Answer: ‘Remission’ means reducing the amount of sentence without changing its character.
‘Remission’ means that the rest of the sentence needs not to be undergone; leaving the order of
conviction and the sentence passed by the court untouched i.e. reduction of the amount of sentence
without changing its character, for example, a sentence of one year may be remitted to six months. The
effect of an order of remission is to entitle the prisoner to his freedom on a certain date. Therefore,
once that day arrives, he is entitled to be released, and in the eye of law he is a free man from that
moment. If there is any breach of condition of such remission, the remission can be cancelled and the
prisoner committed to custody to undergo the unexpired portion of the sentence.
Section 432 – Power to suspend or remit sentences
When any person has been sentenced to punishment for an offence, the appropriate Government may,
at any lime, 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. 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. 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.
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. 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, where such petition is made by the
person sentenced, it is presented through the officer in charge of the jail; or
where such petition is made by any other person, it contains a declaration that the person sentenced is
in jail. The provisions of the above Sub-Sections shall also apply to any order passed by a Criminal Court
under any section of this Code or of any other law which restricts the liberty of any person or imposes
any liability upon him or his properly.
In this section and in section 433, the expression “appropriate Government” means,
in cases where the sentence is for an offence against, or the order referred to in Sub-Section (6) is
passed under, any law relating to a matter to which the executive power of the Union extends, the
Central Government; in other cases the Government of the State within which the offender is sentenced
or the said order is passed.

8. a. Specify the provisions in relation to transfer of cases. 02

Parties or witnesses can submit an application for the transfer of a criminal case under Cr.PC if they feel
insecure, threaten or inconvenient. The principle which is laid down in section 177 of the code of
criminal procedure is very much clear.
That every offense shall ordinarily be inquired into and tried by a court within the local limits of whose
jurisdiction it was committed. But this is not a hard and fast rule. Because parties can also file an
application for the transfer of a criminal case from court to another court, district to another district or
province to another province.
Court has the absolute authority to transfer criminal case from one district to another. Mere allegation
is not a ground for the transfer of case, some concrete proof has to be given in court.
Transfer of Criminal Case : There are three modes of transfer of a case under Cr.PC. Only three
provisions relating to the transfer of the case can be found in criminal law. These modes are as under:
1. Transfer of Criminal Case Through High Court
2. Transfer of Criminal Case By Provincial Government
3. Transfer By Session Court
4. Transfer by Magistrate
1. Transfer Through High Court: Section 526 of the criminal procedure code explains the procedure
Grounds For transfer Of Criminal Case: There are five grounds of transfer that a party can take if the
parties suspect that a fair justice will not be served.
1. That a fair or impartial inquiry or trial cannot be had in any subordinate criminal court
2. That a place where the offense took place is far away from the place of court and the court wants to
view the occurrence
3. A difficult question of law has arisen which cannot be decided by the lower court
4. The convenience of the party or witness
5. That it is expedient for justice
if any of the above-ground exists in any case than the high court can order that;
 Any particular case or class of case or appeal be transferred from one subordinate court to another
 Any particular case is tried by itself
 Any accused person can be sent to another session court or to itself for trail
Transfer Of Case To The High Court: When any case is withdrawn from any of its subordinate courts and
is tried by itself. Then the high court must adopt the same rules and procedures which the lower court
has adopted.
Mods For Application Of Transfer: There are three mods to file a transfer petition in criminal cases;
1. Application by the lower court
2. Application by any interested party
3. Suo Motu order
2. Transfer of Criminal Case By Provincial Government: Section 527 of the Criminal Procedure Code
states that, If the provincial government thinks that by transfer of case it will promote the ends of justice
or tend to the general convenience of parties or witnesses. Then Government can do so by making a
notification in the official gazette and by this can order that
A particular case or appeal be transferred from one high court to another high court
From one criminal court subordinate to the high court to another criminal court equal or superior-
subordinate court of another high court.
3. Transfer Of Criminal Case By Session Court: Section 528 of Cr.P.C gives power to the session judge to
transfer or withdraw the case from his subordinate courts. Session judge while withdrawing the case
from its subordinate can transfer it to another additional session judge before the trial commences or
appeal is argued.
4. Transfer Of Criminal Case By Magistrate: Any magistrate to whom cognizance is given under section
192 (2) can recall the case and give it to another magistrate to start an inquiry.
While making such transfer the magistrate has to record the reason in writing for doing.

B ‘G’, a woman was convicted and sentenced to death. But at the time of executing death sentence
she was found to be pregnant. How to execute death sentence? Explain. 03/04/05
If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the
sentence to be postponed and may, if it thinks fit, commute the sentence to imprisonment for life.
b. ‘A’, has sold his motor vehicle to ‘B’. But the same has not been recorded in the RTO office. Now the
said vehicle is subject matter of a theft case. Both ‘A’ and ‘B’ submit application to the court for
release of vehicle. Decide. 03/04/05
A shall get the vehicle

b. Z, an accused pleads guilty before the Court of Magistrate in a theft case; she did not understand
the language of the charge which was read over to her while convicted. Explain whether the
conviction is valid. 03/04/05
 Section 214: Section 214 lays down a standard for the translation of words used in a charge; it
provides that the words used in delineating a crime in each charge shall be considered by law to be
used in the sense separately associated with them, under which such an offence is guilty.
Section 363(2) On the application of the accused, a certified copy of the judgment, or when he so
desires, a translation is his own language if practicable or in the language of the Court, shall be given to
him without delay, and such copy shall, in every case where the judgment is appealable by the accused
be given free of cost; Provided that where a sentence of death is passed or confirmed by the High Court,
a certified copy of the judgment shall be immediately given to the accused free of cost whether or not
he applies for the same.
Section 364 -The original judgment shall be filed with the record of the proceedings and where the
original is recorded in a language different from that of the Court, and the accused so requires, a
translation thereof into the language of the Court shall be added to such record.

7. (a) W is a woman who is accused of committing a cognizable offence. P is the police officer
who is intending to arrest her. Describe the procedure to be adopted by P while carrying
out the arrest. 03
Section 46(4) was inserted in the Code of Criminal Procedure,1973 (hereinafter referred to as the
code) in the year 2005 and the proviso for (1) of the section was inserted in the year 2009, this provision
describes the procedure for the arrest of a woman
section 46 of the act is read as under:-
” Arrest how made –
1stIn 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.
Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her
submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances
otherwise require or unless the police officer is a female, the police officer shall not touch the person of
the woman for making her arrest.
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.
4. Save in exceptional circumstances, no women 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
offense is committed or the arrest is to be made.

b. D, is convicted for the offence u/s 420 IPC by a Court of Magistrate with a fine of Rs. 50/-. Is this
conviction appealable? Decide. 03/04/05
Section 420 talks about Whoever cheats and thereby dishonestly induces the person deceived to deliver
any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or
anything which is signed or sealed, and which is capable of being converted into a valuable security,
shall be punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
one can be charged upto 7 yrs and fine by Magistrate first class, its a cognizable, non bailable offence.

(b) Z had abused orally Y during ordinary discourse. Z approaches you apprehending
criminal action form Y. Advice. 03
IPC 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults,
and thereby gives provocation to any person, intending or knowing it to be likely that such provocation
will cause him to break the public peace, or to commit any other offence, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation
shall be punished with imprisonment of either description for a term which may extend to two years, or
with fine, or with both
IPC 499 defamation - 2 yrs imprisonment or fine

(b) A had filed a complaint under Section 138 of the Negotiable Instrument Act, 1881 which was
dismissed by the Trail Court. Where should A file the appeal? Advice. 03
Appeal to sessions court or high court

b. A is of unsound mind when he committed an offence. But when he is brought before the Court he
had regained sanity. Whether A can be tried for the offence. Justify. 03
no, his mental state at the time of commiting crime is considered

(b) ‘H’ prefers to file a complaint for the offence punishable not more than 2 years.
But from the date of offence, till complaint is filed the time has elapsed for more
than 3 years. Advise ‘H’. 03/04/05
No complaint should be filed after 2 years from the date of cause of action as it is barred by limitation=
Section 24A of the limitations Act

b. W, a women is accused of killing her husband; she was arrested and detained in custody. She seeks
bail as a matter of right. Discuss. 04/05
In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or
refuse bail and and application has to be made in court to grant bail.A person will not be released if
there are reasonable grounds for believing that he has been guilty of an offence punishable with death
or imprisonment for life; (or) 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 non-bailable and cognizable
offence.  However a person under the age of sixteen years or a woman or a sick or infirm person may be
released on bail. If, at any time after the trial of a person accused of a non-bailable offence and before
judgment is delivered, the Court feels that the accused is not guilty of any such offence, it shall release
the accused on bail

b. A pleads guilty before a court and he is sentenced, to undergo simple imprisonment for 2 months.
Can A prefer an appeal? 04/05
No he cannot375. No appeal in certain cases when accused pleads guilty.
where an accused person has pleaded guilty and has been convicted on such plea, there shall be no
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.

b. „X‟, a Juvenile an accused of rape was arrested and detained in custody. He seeks bail as a matter
of right. Discuss. 04/05
he shall get bail

b. „A‟ is convicted by a Session Court only for a period of one month and with fine of Rs. 200/-. Can he
prefer an appeal? 04/05
Section 376 : No appeal in petty cases
Notwithstanding anything contained in Section 374, there shall be no appeal against these cases:
1. When High Court passes a sentence of imprisonment for a term not exceeding 6 months or only fine
not exceeding 1000 rupees.
2. When Court or Session or a Metropolitan Magistrate passes a sentence of imprisonment not
exceeding 3 months or fine not exceeding 200 rupees.
3. When Magistrate of first class passes a sentence of fine not exceeding 100 rupees, or
4. When a case is tried summarily and the Magistrate passes a sentence of fine not exceeding 200
rupees under Section 260.
Provided that appeal can be brought if any other punishment is combined with it, but such sentence
shall not to be appealable on these grounds:
1. The person convicted is ordered to furnish security to keep peace, or
2. Direction for imprisonment due to default of payment is also included in the sentence
3. More than 1 sentence of fine has been passed in the case and the total amount of fine passed by the
court does not exceed the amount specified before.
 Unit V
c. Explain the functions of a ‘Child Welfare Committee’. 07/08/08
Or
c. Explain the functions of child welfare committee. 06/07/08
Answer:The Child Welfare Committee is an autonomous body declared as a competent authority to deal
with children in need of care and protection. Section 27 of Chapter V of the Juvenile Justice (Care and
Protection of Children) Act, 2015 talks about the Child Welfare Committee.
It is mandatory to form one or more Child Welfare Committees in every district for exercising power and
to discharge the duties conferred in relation to children in need of care and protection. This committee
consists of a Chairperson and other four members who according to the State Government are fit to be
appointed, at least one of whom should be a woman and the other should preferably be an expert on
matters that are concerning the children.
Functions and responsibilities of the child welfare committee (Section 30) -
According to Section 30 of the Juvenile Justice Act, 2015, The functions and responsibilities of the
Committee shall include -
(1) Taking cognizance of and receiving the children produced before it;
(2) Conducting inquiry on all issues relating to and affecting the safety and well-being of the children
under this Act;
(3) Directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-
governmental organizations to conduct social investigation and submit a report before the Committee;
(4) Conducting inquiry for declaring fit persons for the care of children in need of care and protection;
(5) Directing placement of a child in foster care;
(6) Ensuring care, protection, appropriate Rehabilitation or Restoration of children in need of care and
protection, based on the child’s individual care plan and passing necessary directions to parents or
guardians or fit persons or children’s homes or fit facility in this regard;
(7) Selecting a registered institution for placement of each child requiring institutional support, based on
the child’s age, gender, disability and needs and keeping in mind the available capacity of the institution;
(8) Conducting at least two inspection visits per month of residential facilities for children in need of care
and protection and recommending action for improvement in the quality of services to the District Child
Protection Unit and the State Government;
(9) Certifying the execution of the surrender deed by the parents and ensuring that they are given time
to reconsider their decision as well as making all efforts to keep the family together;
(10) Ensuring that all efforts are made for Restoration of abandoned or lost children to their families
following due process, as may be prescribed;
(11) Declaration of orphan, abandoned and surrendered child as legally free for adoption after due
inquiry;
(12) Taking suo motu cognizance of cases and reaching out to children in need of care and protection,
who are not produced before the Committee, provided that such decision is taken by at least three
members;
(13) Taking action for rehabilitation of sexually abused children who are reported as children in need of
care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be,
under the Protection of Children from Sexual Offences Act, 2012;
(14) Dealing with cases referred by the Board under sub-section ( 2 ) of section 17;
(15) Co-ordinate with the police, Labour department and other agencies involved in the care and
protection of children with the support of the District Child Protection Unit or the State Government;
(16) In case of a complaint of abuse of a child in any child care institution, the Committee shall conduct
an inquiry and give directions to the police or the District Child Protection Unit or labor department or
childline services, as the case may be;
(17) Accessing appropriate legal services for children;
(18) Such other functions and responsibilities, as may be prescribed.

c. Explain the powers and functions of the Juvenile Justice Board. 07/09/10
Answer: The Juvenile Justice Board is an institutional body constituted under Section 4 of the JJ Act,
2015. According to the division of powers, the subject of administration of criminal justice has been
included in the State List (List II, Schedule VII) of the Indian Constitution. Therefore, one or more than
one Juvenile Justice Board(s) are established by the State Government for each district. The Board
exercises its powers and discharges functions relating to the ‘child in conflict with law’ as has been
defined under Section 2(13) of this Act.
Under the Juvenile Justice Act,2015 a board shall consist of Metropolitan Magistrate or a Chief Judicial
Magistrate with at least three years experience and two social workers selected in such a manner as
they may be prescribe, of whom at least one shall be a women.
Powers granted to Juvenile Justice Board
The Bench shall have all the powers conferred by the Code of Criminal Procedure, 1973 on a
Metropolitan Magistrate or a Judicial Magistrate First Class.
Powers
The Board constituted for any district shall have the power to deal exclusively with the proceedings
under the Act:
In the area of jurisdiction of the Board,
In matters relating to children in conflict with the law.
In the case of Puneet S. vs. State of Karnataka (2019 SCC OnLine Kar 1835), the Karnataka High Court
held that only the Juvenile Justice Board has the power to decide whether an offence committed by a
juvenile is heinous or not.
Functions
01 Ensuring informed participation of the child & the parent or the guardian throughout the process
02 Ensuring protection of the child’s rights throughout the process of arresting the child, inquiry,
aftercare and rehabilitation
03 Ensuring the availability of legal aid for the child through various legal services institutions
04 Providing a qualified interpreter or translator to the child if he/she fails to understand the language
during the course of proceedings
05 Directing Probation Officer/Child Welfare Officer/Social Worker to undertake a social investigation
into the case. Further, directing them to submit the report within 15 days from the date of the first
production before the Board.
06 Adjudicating and disposing of cases pertaining to children in conflict with the law according to the
process mentioned in Section 14
07 Transferring matters to the Committee in cases where the child is alleged to be in conflict with the
law, but is stated to be in need of care and protection at any stage
08 Disposing of the matter and passing a final order which should include an individual care plan for the
child’s rehabilitation. This also includes follow-ups by officers or an NGO.
09 Conducting inquiry for declaring that a certain person is fit for taking care of the child in conflict with
the law
10 Conducting inspection every month of residential facilities for children in conflict with the law and
recommending various measures for improvement in the quality of services provided
11 Ordering the police for registration of FIR if any offence is committed against any child in conflict with
the law
12 Conducting a regular inspection of jails meant for adults, to check if any child is lodged in such jails
13 Taking immediate measures for the transfer of a child found in jails for adults, to an observation
home
14 Any other function as may be prescribed to the Board
Any child who is in conflict with law cannot be kept in police lock-up or jail under any circumstances. The
Supreme Court said that Juvenile Justice Boards should not be ‘silent spectators’

c Explain the procedure relating to the ‘Release of a convict on Probation’. 07/08

Or
c. Explain the procedure relating to the release of convicts on Probation. 07/08
Or
(c) Explain the procedure relating to the release of a convict on probation. 07/09/10
Answer: The term Probation is derived from the Latin word probare, which means to test or to prove. It
is a treatment device, developed as a non-custodial alternative that is used by the magistracy where
guilt is established but it is considered that imposing of a prison sentence would do no good.
Imprisonment decreases the convict’s capacity to readjust to the normal society after the release and
association with professional delinquents often has undesired effects.
Section 562 of the Code if Criminal Procedure, 1898, was the earliest provision to have dealt with
probation. After amendment in 1974 it stands as S.360 of The Code of Criminal Procedure, 1974. S.361
makes it mandatory for the judge to declare the reasons for not awarding the benefit of probation.
In 1958 the Legislature enacted the Probation of Offenders Act, which lays down for probation officers
to be appointed who would be responsible to give a pre-sentence report to the magistrate and also
supervise the accused during the period of his probation. Both the Act and S.360 of the Code exclude
the application of the Code where the Act is applied. The Code also gives way to state legislation
wherever they have been enacted.
The Probation of Offenders Act, 1958 contains elaborate provisions relating to probation of offenders,
which are made applicable throughout the country. The Act provides four different modes of dealing
with youthful and other offenders in lieu of sentence, subject to certain conditions. These include:—
(1) Release after admonition;
(2) Release on entering a bond on probation of good conduct with or without supervision, and on
payment by the offender the compensation and costs to the victim if so ordered, the courts being
empowered to vary the conditions of the bond and to sentence and impose a fine if he failed to observe
the conditions of the bond;
(3) Persons under twenty-one years of age are not to be sentenced to imprisonment unless the court
calls for a report from the probation officer or records reasons to the contrary in writing; and
(4) The person released on probation does not suffer a disqualification attached to a conviction under
any other law.
It must be stated that the provisions of the Probation of Offenders Act are not confined to juveniles
alone, but extend to adults also. Again, provisions of the Act are not only confined to offenses
committed under the Indian Penal Code but they extend to offenses under other special laws
It must be stated that the provisions of the Probation of Offenders Act are not confined to juveniles
alone, but extend to adults also. Again, provisions of the Act are not only confined to offenses
committed under the Indian Penal Code but they extend to offenses under other special laws
Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to release the
offender after admonition. An Admonition, in literal terms, means a firm warning or reprimand. Section
3 says how the offender is benefited on the basis of admonition after satisfying the following conditions:
When any person is found guilty of committing an offence under Section 379 or Section 380 or Section
381 or Section 404 or Section 420 of the Indian Penal Code,1860 or any offence punishable with
imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code, or
any other law
An offender should not previously be convicted for the same offence.
The Court considers the nature of the offence and the character of the offender.
The Court may release the offender on probation of good conduct applying Section 4 of the Act, instead
of sentencing him.and,
The Court may release the offender after due admonition, instead of sentencing him.
Section 4 of the Probation of the Offenders Act,1958 talks about the release of the offender on the basis
of good conduct. It is a very important Section of the Act. The important points that must be
remembered for the application of this Section are:
Section 4 of the Act is not applicable if the offender is found guilty of an offence with death or
imprisonment for life.
The Court has to consider the circumstances of the case including the nature of the offence and the
character of the offender.
The court may pass a supervision order to release the offender on probation of good conduct. The
supervisory period is not to be shorter than one year. The probation officer must supervise the
individual for such a span in such a situation. In the supervisory order, the name of the probation officer
should be listed.
The Court can direct the offender to execute a bond, with or without sureties, to appear and receive
sentence when called upon during such period which should not exceed a period of three years. The
court may release the offender on good behaviour.
The Court may put appropriate conditions in the supervision order and the court making a supervision
order explain to the offender the terms and conditions of the order. Such supervision order should
forthwith be furnished to the offender.
Probation officer’s report is not compulsory to enforce this rule, but if the information is required on
record, the Court shall take into account the probation officer’s information before granting a probation
order for good behaviour.
Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released under Section 3
or Section 4 of this Act, even then the court might order:
The offender to pay compensation to the victim for the loss or the injury occurred to him. Or
Cost of the proceeding as the court may think reasonable.
Section 6 of the Probation of the Offenders Act,1958 talks about the restriction on the imprisonment of
offenders under twenty-one years of age. This provision says that offenders who are under 21 years of
age are not sent to prison where the offence is not so serious as to warrant imprisonment for life or
death.

5 Describe the procedure for trial of a juvenile in conflict with law. 08/07
Or
(c) Explain the procedure to trail of a juvenile who is in conflict with law. 07/09/10
Or
(c) What is the procedure to try a Juvenile who is in conflict with law? 07/08
Answer: The fundamental object of the Juvenile Justice Act is to ensure that the child is protected from
violence, abuse, and exploitation. This will ensure that if a child commits an offense he is not tried in the
same way as adults. The term “Children in Conflict with the Law” means a person who is below 18 years
of age comes in contact with the justice system as a result of being suspected or accused of commission
of an offense. A child can come in conflict with the law when he commits petty offenses such as
vagrancy, begging, or alcohol use or serious/heinous kinds of offenses such as rape or murder.
Sec 2(l): A Juvenile in conflict with law is defined as one who is below 18 years of age as on the date of
commission of the offence.

Chapter IV of the Juvenile Justice Act, 2015 talks about the Procedure in Relation to Children in Conflict
in Law.
Section 10 of the Juvenile Justice ( Care and Protection of Children ) Act talks about the apprehension of
a child alleged to be in conflict with the law.
The following is the Stepwise procedure to be followed for the apprehension of the child in a conflict of
law:
Firstly, the police will inform the Special Juvenile Police Unit about the same. After this, the case will be
forwarded to Child Welfare Police Officer of the concerned police station and in order to keep a record
of the case, there will be an entry made in the track child portal.
Secondly, there will be the filing of DDR in case of Petty offense, an FIR will be filed for serious crimes or
heinous crimes which will depend upon the nature of offense which the alleged child has committed.
Note: FIR is recorded by the police for cases involving cognizable offenses. The other reports records and
cases involving non-cognizable offenses are recorded in daily diary register (DDR).
Thirdly, the child will be sent for a medical examination. This examination shall be carried out by
designated Child Wellbeing and Protection Officer (CWPO) or Special Juvenile Police Unit (SJPU).
Furthermore, the information about the apprehension shall be sent to the parents and Probation officer
to carry out the investigation.
Fourthly, the alleged child shall be produced before a Juvenile Justice Board within 24 hours by the
designated Child Welfare Police officer. However, if the board is not in session, the child alleged to be in
conflict with the law will be produced before a single member of the Board.
Fifthly, after the child has been produced before the relevant authority, for the time being, the child may
be sent to Observation Home/ Place of Safety for temporary shelter or the child may be bailed out of the
board.
Sixthly, the designated Child Wellbeing and Protection Officer (CWPO) shall forward the information to
DCPU and SALSA in order to assess whether free legal aid is required for the Child alleged to be in
conflict with the law.
Procedure on the production of the child accused who is in conflict with the law (Section 14 and Section
15 of the Juvenile Justice Act 2015)
The child who has been alleged to be in conflict with the law has to be produced before the Board within
the 24 hours of his apprehension.
The board shall conduct an inquiry in compliance with the provisions of the act and it may pass such
orders in relation to such a child as it deems fit in accordance with Section 17 and Section 18 of the
Juvenile Justice Act, 2015.
In case there is a case of heinous offense, then a preliminary assessment under Section 15 must be
disposed of by the Board within a period of 3 months from the date when the child was produced
before the board for the first time.
Section 11 of the Juvenile Justice (Child Protection and Care) Act talks about the role of persons in
whose charge the child has been placed.
The provision states that when a person is in charge of the child, he will have the responsibility of the
child as if the said person is the child’s who is responsible for the child’s maintenance.
The necessary condition provided here is that the person will be in charge of the child for the period
stated by the board and notwithstanding the child is claimed by his parents or any other person; except
the board is of the opinion that the parent or any other person is fit to exercise charge over such child.
Section 12 of the Juvenile Justice (Child Protection and Care) Act talks about the bail to a person who is
apparently a child alleged to be in conflict with the law.
The provision states that the juvenile who has committed a bailable or non-bailable offense can be
released on bail with or without surety. However, the juvenile cannot be released if there are
reasonable grounds that would bring the child in association with any of the known criminals or expose
him to any moral, physical or psychological danger or his release would defeat the ends of justice.
Section 13 of the Juvenile Justice act talks about the information to parents, guardians, or the probation
officer. The provision states that the designated Chief Welfare Police officer of the police station or the
Special Juvenile Unit to which the child was brought, must inform the parent or guardian of the child
directing them to present before the board where the child was produced.
Section 13 talks about Inquiry by Board regarding juvenile:- Where a juvenile having been charged with
the offence is produced before a Board, the Board shall hold the inquiry in accordance with the
provisions of this Act and may make such order in relation to the juvenile s it deems fit;
Provided that an inquiry under this section shall be completed within a period of four months from the
date of its commencement, unless the period is extended by the Board having regard to the
circumstances of the case and in special cases after recording the reasons in writing for such extensio
Section 15 talks about the orders that may be passed regarding the child found to be in conflict with the
law.
Section 16 talks about the orders that may not be passed regarding the child found to be in conflict with
the law, like no juvenile in conflict with law shall be sentenced to death or life imprisonment, or
committed to prison in default of payment of fine or in default of furnishing security;
Section 26 of the Juvenile Justice Act talks about the provisions regarding the Child runaway in conflict
with the law.
The aforementioned provision states that any police officer can take charge of the child who has run
away from a special home or an observation home or place of safety or any other care of a person or an
institution where the child is placed.

(c) Who is a Probation Officer? What are his duties and functions? 07/08/08
Or
c. Examine the powers and functions of Probation Officer. 06/07/08
Or
c. Who is a „probation officer‟? Explain his functions. 06/07/08
Or
c. Explain the powers and functions of the Probation Officers. 07/08/08
Answer: Probation of Offenders Act, 1958 is the Act to provide for the release of offenders on probation
or after due admonition and for matters connected therewith.
Section 2(b) defines “probation officer” as an officer appointed to be a probation officer or recognised as
such under section 13;
Section 13 says A probation officer under this Act shall be—
(a) a person appointed to be a probation officer by the State Government or recognised as such by the
State Government; or
(b) a person provided for this purpose by a society recognised in this behalf by the State Government; or
(c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation
officer in the special circumstances of the case.
(2) A court which passes an order under section 4 or the district magistrate of the district in which the
offender for the time being resides may, at any time, appoint any probation officer in the place of the
person named in the supervision order.
Explanation.—For the purposes of this section, a presidency town shall be deemed to be a district and
chief presidency magistrate shall be deemed to be the district magistrate of that district.
(3) A probation officer, in the exercise of his duties under this Act, shall be subject to the control of the
district magistrate of the district in which the offender for the time being resides.
the Offenders Probation Act 1958 – Section 14 Gives details concerning the duties/functions of
probation officers are:
Investigate the circumstances or domestic environment of any person accused of an offence with the
intention, in accordance with any direction of the Court, to help the Court to determine and report the
most appropriately advised approach to his dealing with it;
Supervising probationers and other persons under his supervision and seeking suitable employment
where necessary;
Counselling and supporting victims in the payment by the Court of penalties or costs;
Advice and assist persons released pursuant to Section 4 in such situations and manner as may be
prescribed;
Perform the other duties prescribed as may be.
A probation agent, as laid down in Section 14 of the Act, has main functions, such as investigation,
supervision and guidance, counselling and professional control of criminal probation. As an inspiring,
guiding and supporting probationer, this probation officer facilitates the rehabilitation of the criminal as
a law-abiding member of society.
A probation officer will need to meet, on a monthly or sometimes weekly basis, their client. Based on an
assessment of risk/needs, the probation officer may decide the degree of supervision that a person
requires (minimum, medium or maximum).
Any time a probation client visits his/her probation officer, a report form needs to be filled out.
Probation officers are required to regularly revise the case plan of a probationer.
The probation officer must establish a relationship with the offender and create faith in him in the mind
of the offender during the probationary period. He must also construct and give him the confidence in
the offender in deciding his own course.
The probation officer must stand by him in order to provide him with appropriate guidance and
suggestions and information, which will enable him in cooperating with the probation officer to carry
out rehabilitation programs.

c. Explain the powers of the court to release an accused under P.O. Act. 06/07/08
Answer: Mahatma Gandhi once said, "Hate the crime not the criminal." In most of the cases
punishment, specially imprisonment, does not actually reform the criminal. This is true even more with
young criminals, whose minds are not fully mature. They get influenced in the wrong way because of
their interaction with hardened criminals in jails. One way to counter this problem is to provide
opportunities and guidance to young and first time offenders instead of committing them to jails.
The Act allows the court to take into account the nature of the crime, the age of the offender, and the
circumstances of the crime, and instead of committing the offender to jail, release him under
supervision and guidance of a probation officer. The object is that an accused person who is convicted of
a crime should be given a chance of reformation which he would lose by being incarcerated by prison. It
aims to release first offenders, after due admonition or warning with advice who are alleged to have
committed an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal
Code and also in case of any offence punishable with imprisonment for not more than two years, or with
fine, or with both. This Act empowers the Court to release certain offenders on probation of good
conduct if the offence alleged to have been committed must not be punishable with death or life
imprisonment. However, he should be kept under supervision.
The powers of the court regarding release of certain offenders on probation of good behavior under this
act. First a person convict for a sentence The case be fixed for quantum of sentence. As this stage the
court will think as to
 Pass a sentence Or
 admonish the convict (Admonishing means to warn or reprimand) Or
 release on probation Probation Meaning-a period of time when a criminal must behave well and not
committee any more crime in order to avoid him sent to prison)
Depending on the circumstances of the case, a court may release the person in two ways - release after
admonishing the person,
 which is provided in Section 3, and
 Release on probation of good conduct, which is provided in Section 4.
Release After Admonishing(Sec-3):
The conditions required to be released under section Sec-3 are -
 When any person found of any guilty of having committing an offence punishable u/s-379,or380,or
381,or 404 or 420 of Indian penal code. or
 Any offence punishable for imprisonment for not more than 2-years or with fine or with both under
IPC Any other law. No previous conviction is proved against him.
The court by which the person found guilty is opinion that having regard to the circumstances of the
case including the nature of the offence and the character of the offender, it is expedient so to do, then,
notwithstanding anything contained in any other law for the time being in force, the court may, instead
of sentencing him to any punishment or releasing him on probation of good conduct under section 4,
release him after due admonition.
Release on Probation (sec-4):
 When any person is found guilty of having committed an offence not punishable with death or
imprisonment for life
 The court by which the person is found guilty is of opinion that, having regard to the circumstances
of the case including the nature of the offence and the character of the offender, it is expedient to
release him on probation of good conduct, then, notwithstanding anything contained in any other
law for the time being in force, the court may, instead of sentencing him at once to any punishment,
direct that he be released on his entering into a bond, with or without sureties,
Condition relates to
 He shall be appeared and received sentence when called upon during such period, (not exceeding
three years, as the court may direct)
 And in the meantime to keep the peace and be of good behavior.
Other condition related to
 Place of residence,
 Abstention from intoxicants Or
 any other matter as the court thinks appropriate to ensure that the crime is not repeated.
- The satisfaction of the court is necessary that the offender or his surety has a fixed place of abode or
occupation.
- Shall take the report of the probation officer
- May in addition pass a supervision order under the probation officer for a period not less than 1year

9. a. Define ‘Begging’. 02
Or
9. (a) Define Begging. 02
Or
9. a. Define „Begging‟. 02Section 2(8) of Juvenile Justice (Care and Protection of Children) Act,
2000 defines Begging as
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of
soliciting or receiving alms, under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury,
deformity or disease, whether of himself or of any other person or of an animal;

B Who is a ‘Probation Officer’? State their duties. 03/04/05

Defined in long question

10.a Who is a ‘Juvenile’? 02

Section 2(35) of Juvenile Justice (Care and Protection of Children) Act, 2000 defines Juvenile as
a child below the age of eighteen years;

b. Write a note on ‘Shelter Homes’. 03/04/05

Or
b. Write a note on Shelter Homes. 03/04/05
Or
10 (a) Specify the term Shelter Home. 02
Or
(b) Write a note on ‘Shelter Homes’. 03/02
Answer: The main object of providing Shelter Homes is to ensure protection and restoration of destitute
and neglected children.
According to Section 37 of the Juvenile Justice Act of 2000, Shelters Homes as for children in need of
urgent support. Shelter homes provide children with space where they can play and engage in creative
activities. Children are engaged in music, dance, theatre, yoga and meditation, computers, indoor and
outdoor games, etc, to spend their time productively. These creative activities are designed to
encourage meaningful participation and interaction among peer groups.
These activities will ensure the overall growth and development of children. The main purpose of these
shelters is to keep them away from socially deviant behaviours, in addition to meeting their basic needs
for food, nutrition and health. Children can safely keep their property and income in the conditions
provided for in these shelters.

10. a. Who is a „Juvenile Police‟? 02

Answer: Special juvenile police unit includes the law enforcement officials who oftentimes or exclusively
manage juveniles or are primarily engaged within the prevention of juvenile crime or handling of the
juveniles or youngsters under this Act to perform their functions more effectively; they shall be specially
tutored and trained. In every police headquarters, a minimum of one officer with the ability and
appropriate training and orientation is also designated as the ‘juvenile or the child welfare officer’[xi]
who can handle the juvenile or the child in coordination with the police. Special juvenile police unit, of
which all the law enforcement officials designated as above, to handle juveniles or youngsters will be
members, may be created in each district and town to coordinate and to upgrade the police treatment
of the juveniles and the children.

b. A Juvenile was arrested for committing murder. Can he be released on bail as of a right? Give
reasons. 03/04/05
Or
(b) A juvenile was arrested for a non bailable offence. Can he be released on bail? Give reasons. 03
Legal provisions regarding the bail of juveniles are provided under Section 12 of the Juvenile Justice
(Care and Protection of Child) Act, 2000[4].
Section 12 of the Act states that when any person accused of a bailable or a non-bailable offense and
apparently a juvenile, is arrested or detained or is brought before a board then irrespective of the
accusation he shall be released on bail or placed under the supervision of a probation officer or under
the care of any fit institution or fit institution[5].
Further, section 12 (1) states that any juvenile accused of any offense can be released on a bail.
In short, a child who commits any bailable or a non-bailable offence should be released on bail. As a
result, bail has become a matter of right for the juveniles, irrespective of how serious the offence is.
However, there is an exception to this general rule as well[6].
Exceptions for Bail for Juveniles:
The exception being, that child would not be released if there are grounds to believe that the child so
released may have an association with any criminal. Moreover, if he maybe exposed to moral, physical,
or psychological danger. Also, the bail would defeat the end of justice.
Thus, a juvenile can not be released if there are sufficient grounds to believe that his release would
hamper the principles of justice. As a result, this subjective criterion provides grounds for varied
interpretations by the judiciary.

(b) A 17 year boy commits rape and murder. Can he be prosecuted with capital punishment? Justify. 3

No, Death Sentence which is also known as Capital Punishment in India is a process of giving death as a
punishment to person for crime he committed. It is given in India only when other remedies like Life
Imprisonment proved to be insufficient based on facts and circumstances of the case. In India person is
hanged till death for execution of death sentence.
Under Indian Penal Code,1860 and various other legislations it has been specified various cases in which
capital punishment can be awarded that is in case of murder, abetment of suicide, waging war against
government, offences related to terrorism, treason, drug trafficking, mutiny, kidnapping, gang rape,
robbery or dacoity with attempt to cause death or grevious hurt, etc.
Minor, Pregnant Women, Mentally Disabled persons are excluded from being executed with death
sentence.

9. a. Who is a child in conflict with law? 02

Answer: Sec 2(l): A Juvenile in conflict with law is defined as one who is below 18 years of age as on the
date of commission of the offence.

b. V is a child in conflict with law. What are the steps adopted for his rehabilitation. 03
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare
Officer or designated social worker;
(c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for the
purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for
housing such children, either after reaching the conclusion that the family of the child cannot be traced
or even if traced, restoration of the child to the family is not in the best interest of the child;
(d) placement of the child with fit person for long term or temporary care;
(e) foster care orders under section
(f) sponsorship orders under section
(g) directions to persons or institutions or facilities in whose care the child is placed, regarding care,
protection and rehabilitation of the child, including directions relating to immediate shelter and services
such as medical attention, psychiatric and psychological support including need-based counselling,
occupational therapy or behaviour modification therapy, skill training, legal aid, educational services,
and other developmental activities, as required, as well as follow-up and coordination with the District
Child Protection Unit or State Government and other agencies;
(h) declaration that the child is legally free for adoption under section 38

b. C is 19 years old. He is convicted of an offence punishable with 2 years imprisonment. Determine

the procedure to be adopted by the Court. 03
C is major, so crpc procedures apply

10. (a) M is a minor who is alleged to have committed a crime. Examine the procedure to be
adopted in his trial. 03
Minor is a person who has not completed the age of 18 years and in the case of a minor of whose
person or property a guardian has been appointed by a court or whose property is under the Court of
Wards the age of majority is completion of 21 years.
Procedure for suits by a minor:
Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next
friend of the minor. [O. 32, R. 1]. The next friend should be a person who is of sound mind, who has
attained majority, who is not a defendant and whose interest is not adverse to that of the minor.
Where the suit is instituted without a next friend the defendant may apply to have the plaint taken off
the file, with costs to be paid by the pleader off other person by whom it was presented. [O. 32, R. 2].
Where a suit has been instituted on behalf of the minor by his next friend, the court may, at any stage of
the suit either of its own motion or on the application of any defendant and for reasons to be recorded,
order the next friend to give security for the payment of all costs incurred or likely to be incurred by the
defendant.
Where the defendant is a minor, the court, on being satisfied of the fact of his minority, should appoint
a proper person to be guardian for the suit for such minor, called the guardian ad litem.
An order for the appointment of a guardian for the suit may be obtained upon application in the name
and on behalf of the minor or by the plaintiff.
A person appointed as guardian for the suit for a minor shall, unless his appointment is terminated by
retirement, removal or death, continue as such throughout all proceedings arising out of the suit
including in any appellate or revisional court and any proceedings in any execution of a decree.
Where the interest of the next friend is adverse to that of the minor or where he is connected with a
defendant whose interest is adverse to that of the minor, or where he does not do his duty or, during
the pendency of the suit, ceases to reside within India, or on any other sufficient cause, the court may,
on an application made on behalf of the minor, order the next friend to be removed.
On the retirement, removal or death of the next friend of a minor, further proceedings are stayed until
the appointment of a next friend in his place. Similarly, a guardian may also be removed if he does not
do his duty or is allowed to retire by the court, and the court may appoint a new guardian in his place.
Where the minor plaintiff attains majority, he may elect to proceed with the suit or elect to abandon it.
If he elects the former course, he shall apply for an order discharging the next friend and for leave to
proceed in his own name. The title of the suit will be corrected so as to read henceforth thus—
“A. B., late a minor by C.D., his next friend but now having attained majority.”
Where he elects to abandon the suit, he shall, if sole plaintiffs apply for an order to dismiss the suit in
repayment of the costs incurred by the defendant or which may have been paid by his next friend.
Where the minor applies to the court that the suit instituted in his name by his next friend be dismissed
on the ground that it was unreasonable or improper and the court is satisfied of such unreasonableness
or impropriety, it may grant the application and order the next friend to pay the costs of all parties in
respect of the application and the suit, or make such other order as it thinks fit. (O. 32, R. 14).

(c) What is the role of Child Welfare Committee? 03

Answer: The government of India brought the Juvenile justice act. In section 27 of the Juvenile justice
act, provision of child welfare committee provided. Which is the final authority at the district level to
provide care, protection, treatment, development, and rehabilitation of the children which are in the
need.
This provision provided that, every district should have a child welfare committee in which one
Chairman and four members should be there. Out of which one woman and an expert should also be a
member.
This welfare committee tries to make a relation between the child and conflicting laws.
It provides care, treatment, and protection to the child if there is conflict in any decision between the
members and chairman or between the members. The decisions are taken by the majority and in case of
a tie, the chairman’s opinion prevails.

10. (a) X discloses the information in breach of lawful contract with Y. State the remedies
available to Y. 03

10. a. Define Children’s Home. 02

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

c. Discuss the conditions under which an offender can be released on probation. 07/09
The Probation of Offenders Act, 1958 contains elaborate provisions relating to probation of offenders,
which are made applicable throughout the country. The Act provides four different modes of dealing
with youthful and other offenders in lieu of sentence, subject to certain conditions. These include:—
(1) Release after admonition;
(2) Release on entering a bond on probation of good conduct with or without supervision, and on
payment by the offender the compensation and costs to the victim if so ordered, the courts being
empowered to vary the conditions of the bond and to sentence and impose a fine if he failed to observe
the conditions of the bond;
(3) Persons under twenty-one years of age are not to be sentenced to imprisonment unless the court
calls for a report from the probation officer or records reasons to the contrary in writing; and
(4) The person released on probation does not suffer a disqualification attached to a conviction under
any other law.

10 (a) What should be the nature of Report of Probation Officer? 02/02/02

Answer: Section 2(b) “probation officer” means an officer appointed to be a probation officer or
recognised as such under section 13. A probation official is a court officer who regularly meets people
sentenced to a supervised probation period. Generally, these people are perpetrators and lower-level
criminals. A probation officer will need to meet, on a monthly or sometimes weekly basis, their client.
Based on an assessment of risk/needs, the probation officer may decide the degree of supervision that a
person requires 
Sec 14 of the Probation of Offenders Act, 1958 says, its one of the duties of the probation officer to
inquire, in accordance with any directions of a court, into the circumstances or home surroundings of
any person accused of an offence with a view to assist the court in determining the most suitable
method of dealing with him and submit reports to the court
The court shall call for a report from the probation officer and consider the report, if any, and any other
information available to it relating to the character and physical and mental condition of the offender.
Section 7 says The report of a probation officer referred to shall be treated as confidential: Provided that
the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him
an opportunity of producing such evidence as may be relevant to the matter stated in the report.

(b) While releasing the offender on probation, the Court has ordered to pay compensation to victim.
But the offender fails to pay the compensation. What can Court/Magistrate do after releasing the
offender on probation? 03/04/05
Section 9. Procedure in case of offender failing to observe conditions of bond.—(1) If the court which
passes an order under section 4 in respect of an offender or any court which could have dealt with the
offender in respect of his original offence has reason to believe, on the report of a probation officer or
otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered
into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his
sureties, if any, requiring him or them to attend before it at such time as may be specified in the
summons. (2) The court before which an offender is so brought or appears may either remand him to
custody until the case is concluded or it may grant him bail, with or without surety, to appear on the
date which it may fix for hearing. (3) If the court, after hearing the case, is satisfied that the offender has
failed to observe any of the conditions of the bond or bonds entered into by him, it may forthwith— (a)
sentence him for the original offence; or (b) where the failure is for the first time, then, without
prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding fifty
rupees. (4) If a penalty imposed under clause (b) of sub-section (3) is not paid within such period as the
court may fix, the court may sentence the offender for the original offence.

b. A juvenile was arrested, as he was a neglected juvenile. Explain the procedure thereafter. 04/05
already answered

10.a. Specify the functions of special juvenile police unit. 02

 Rescue & Rehabilitation of Child Victims
 Counseling
 Visiting of Schools , Colonies , Orphanages etc
 Conduct awareness classes for women and children
 Shadow patrolling at Railway Stations, Bus Stands, Pilgrim Centers, Tourist Places etc
 Petition enquiry

b. State the powers and functions of Juvenile Justice Board. 04/05

Or
b. Enumerate the powers and functions of Juvenile Justice Board. 04/05
Answered in long question

9. a. Define the term „Juvenile-in-Conflict with Law‟. 02

Section 2(k) “juvenile” or “child” already meant “a person who has not completed eighteenth year of
age”
Sec 2(13) “child in conflict with law” means a child who is alleged or found to have committed an
offence and who has not completed eighteen years of age on the date of commission of such offence;

b. State the procedure for arresting a Neglected Juvenile. 04/05

When there is an FIR or complaint against any child who is below 18 years of age, he/she will be
presented in front of a juvenile officer or a child welfare officer who has special powers given by the
Juvenile Justice Act. After this, an inquiry will be carried out to see whether the offence committed by
the minor is a petty offence or a heinous offence. Based on the type of the offence, the juvenile justice
board may decide the following punishments for a child in conflict with the law-
 Advise the child and let him/her go.
 Ask the child to go through counselling and to find his/her parents.
 Ask the child to do community service
 Release the child on probation for the account on his good behaviour.
For the child above the age of 16 years old and who has committed a heinous offence then the child will
be held as an adult in trial with the exception that the death penalty and life imprisonment will not be
given to them.