CRPC 2 MARKS

1. Write a short note on Adversarial System and Inquisitorial System

Adversarial Inquisitorial
The accused is presumed to be innocent and the burden In the inquisitorial system, power to investigate offences
is on the prosecution to prove beyond reasonable doubt rests primarily with the judicial police officers.
that he is guilty.
The accused is presumed to be innocent and the burden They investigate and draw the documents on the basis of
is on the prosecution to prove beyond reasonable doubt their investigation
that he is guilty.
The accused also enjoys the right to silence and cannot The Judicial police officer has to notify in writing of
be compelled to reply. every offence which he has taken notice of and submit
the dossier prepared after investigation, to the concerned
prosecutor.
In the adversarial system truth is supposed to emerge The judicial police are required to gather evidence for
from the respective versions of the facts presented by and against the accused in a neutral and objective
the prosecution and the defence before a neutral judge manner as it is their duty to assist the investigation and
the prosecution in discovering truth.
The adversarial system does not impose a positive If the prosecutor feels that the case involves serious
duty on the judge to discover truth as he plays a passive offences or offences of complex nature or politically
role. sensitive matters, he can move the judge of instructions
to take over the responsibility of supervising the
investigation of such cases.

2. Define Complaint.
Section 2(d) in The Code Of Criminal Procedure, 1973. Defines " 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
3. Write a short note on Evidentiary value of FIR
First Information Report (FIR), or the first information of a cognizable offence to the officer in charge of a police
station, is covered under Section 154 of the Code of Criminal Procedure, 1973 (CrPC). Although the word “FIR” is
not defined in the Code, it refers to oral information on the conduct of a cognizable offence that is provided to the
police at the earliest possible moment. An FIR is not intended to be fully detailed; rather, it is intended to initiate the
criminal justice system. The information provided to the police officer in order to register a case may be true and
accurate.
Evidentiary Value of F.I.R.
An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of facts stated therein.
However, FIR may be used for the following purposes:
• It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it cannot be used to contradict
or discredit other witnesses.
• It can be used to contradict an informant witness u/s 145 of Evidence Act.
• FIR can be used by the defence to impeach the credit of the maker under sec. 155(3) of the Evidence Act.
• A non-confessional FIR given by an accused can be used as an admission against him u/s 21 of Evidence Act.
• FIR can be used as a dying declaration as substantive evidence If it relates to the cause or occasion or
circumstances and facts which resulted in the informant’s death. within the meaning of section 32(1) of the Evidence
Act.
If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction because the accused cannot
be a prosecution witness, and he would very rarely offer himself to be a defence witness u/s 315 of the Code.
4. Define Bailable and Non-Bailable Offence
 Basis Bailable offences Non-bailable offences

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

In bailable offences generally, the quantum of

sentence is below or up to three years. Although
Sentences are higher in the case of non-bailable
there are exceptions in respect of this rule. For
offences as they are punishable with death,
Punishment example, the offence of kidnapping
imprisonment for life, or imprisonment which
under Section 363 of the IPC is bailable but is
may exceed three years or seven years.
punishable by imprisonment for seven years
and a fine.

In non-bailable offences, bail is not a matter of

In bailable offences, bail can be granted as a
Bail right, but rather it is a matter of the discretion
matter of right.
of the court of law.

In the case of non-bailable offences, mostly the

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

Refusal of bail in case of a bailable offence

There is no offence committed if the officer or
Offence shall amount to wrongful confinement
the court does not grant bail to the accused.
under Section 342 of IPC.

Kidnapping (363 IPC), Stalking Criminal Breach of Trust(406 IPC), Theft(379

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

5. What is the meaning of Investigation?

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:
• Proceeding to the spot.
• Ascertainment of facts and circumstances of the case.
• Discovery and arrest of the suspect.
• 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.
6. Who is called a public prosecutor?
A Public Prosecutor is considered as the agent of the state to represent the interest of common people in the criminal
justice system. The prosecution of the accused is the duty of the state but not individually the duty of the aggrieved
party. They are appointed in almost all countries. The Public Prosecutor is defined in Section 24 of Crpc. They serve
as the basic principle of Rule of Law i.e. auld alteram partem (no person shall be condemned unheard).
Section 2(u) of the Code of Criminal Procedure defines Public Prosecutor. “A person who is appointed under Section
24 of CrPC and it also includes any person who is acting under the directions of the Public Prosecutor.
7. What are the guidelines laid done by the supreme court for the police while arresting a Judicial
Officer?
In Delhi judicial services association v. the State of Gujarat the Supreme Court held that the arrest made by the Police
Officer, in this case, was violative of Article 136 of the Indian Constitution. This judgment is a landmark judgment
and, in this case, the court provided with guidelines to arrest a judicial officer-
1. In case a judicial officer is to be arrested for any offence, an intimation to the District Judge or the High Court
has to be done.

2. In case there is an immediate arrest of a judicial officer of subordinate judiciary due to certain facts and
circumstances, a technical or formal arrest can be made.

3. The facts of any such arrest should be immediately communicated to the District and Session Judge of the
concerned District and the Chief Justice of India.

4. The arrested judicial officer is not to be taken to a police station without the prior orders of the District &
Sessions Judge of the concerned district.

5. Facilities of communication with family, legal advisors and Judicial Officers (District and Session Judge)
have to be provided to the arrested judicial officer immediately.

6. No statement should be recorded nor any ‘panchnama’ should be drawn and no medical test should be
conducted of the arrested judicial officer unless in the presence of the legal advisor or any other judicial
officer of equal or higher rank.

7. The Judicial Officer should not be handcuffed. However, in a case where there is an imminent need to effect
the physical arrest to avert danger to life and limb, such a person can be overpowered and handcuffed. An
immediate report has to be made to the District & Sessions Judge and to the Chief Justice of the High Court in
such a case. Such a burden falls on the Police to establish the necessity for handcuffing. If found that such
handcuffing was unjustified, such Police Officers responsible for it would be guilty of misconduct and would
be personally liable for the compensation or damages as determined by the High Court.

The Court held that such guidelines provided are not exhaustive but a minimum safeguard which has to be followed
while arresting a judicial officer.
8. Write a short note on Case diary.
Section 172 of The Code of Criminal Procedure, 1973 deals with case diaries. A case diary is a diary maintained by
police officers while investigating a case which contains details of how the inquiry was carried out and other
particulars such as the date on which the investigation began, places visited as a part of the investigation, etc.
9. Write a short note on Anticipatory Bail?
In accordance with Section 438, a person who anticipates being arrested may be granted anticipatory bail for non-
bailable offences prior to a First Information Report (FIR) being lodged. When an individual is arrested, they must
apply for regular bail or interim bail, depending on the situation. Anticipatory bail is the direction to release a person
on bail even before arrest.
Conditions that may be imposed by the court while granting anticipatory bail

• That individual makes himself accessible for questioning by a police officer when required.
• That individual must provide the local police station with their current residence address, native address, and
phone number.
• That the individual will not offer any inducement, threat, or assurance to any person familiar with the facts of
the case, directly or indirectly, to prevent him from disclosing such information to the court or any police
officer.
• That the individual will not leave the territory of India without prior authorization from the court.
• Any other additional condition under Section 437(3) may be imposed as if the bail was granted under that
Section.
10. What are the rights available to an arrested person under Crpc
Rights of an Arrested Person are as follows:
➢ Right to know the grounds of Arrest
Section 50 of CrPC says that every police officer or any other person who is authorised to arrest a person without a
warrant should inform the arrested person about the offence for which he is arrested and other grounds for such an
arrest. It is the duty of the police officer and he cannot refuse it.
Section 50A of CrPC obligates a person making an arrest to inform of the arrest to any of his friends or relative or any
other person in his interest. The police officer should inform the arrested person that he has a right to information
about his arrest to the nominated person as soon as he is put under custody.
➢ Right to be produced before the Magistrate without unnecessary delay
Section 55 of CrPC states that a police officer making an arrest without a warrant should produce the arrested person
without unnecessary delay before the Magistrate having jurisdiction or a police officer in charge of the police station,
subject to the conditions of the arrest.
Section 76 of CrPC states that the police officer executing a warrant of arrest should produce the arrested person
before the court before which he is required by law to produce the person. It states that the person should be produced
within 24 hours of arrest. While calculating the time period of 24 hours, it must exclude the time which is required for
the journey from the place of detaining to the Magistrate Court.
➢ Rights to be released on Bail
Subsection (2) of Section 50 of CrPC states that when a police officer arrests any person without a warrant for an
offence other than non-cognizable offence; he shall inform him that he has a right to release on bail and to make an
arrangement for the sureties on his behalf.
➢ Rights to a fair trial
Any provision related to the right to a fair trial is not given in CrPC, but such rights can be derived from the
Constitution and the various judgements.
Article 14 of the Constitution of states that ”all persons are equal before the law”. It means that all the parties to the
dispute should be given equal treatment. The principle of natural justice should be considered in respect of both the
parties. Right to a speedy trial is recognized in the case Huissainara khatoon vs Home Secretary, State of Bihar [4],
the court held- “the trial is to be disposed of as expeditiously as possible”.
➢ Right to consult a lawyer
Section 41D of CrPC states the right of the prisoners to consult his lawyer during interrogation.
Article 22(1) of the constitution states that the arrested person has a right to appoint a lawyer and be defended by the
pleader of his choice.
Section 303 of CrPC states that when a person is alleged to have committed an offence before the criminal court or
against whom proceedings have been initiated, has a right to be defended by a legal practitioner of his choice.
➢ Right to free Legal Aid
Section 304 of CrPC states that when a trial is conducted before the Court of Session, and the accused is not
represented by the legal practitioner, or when it appears that the accused has no sufficient means to appoint a pleader
then, the court may appoint a pleader for his defence at the expense of the State.
Article 39A obligates a state to provide free legal aid for the purpose of securing justice. This right has also been
explicitly given in the case of Khatri (II) VS State of Bihar [5]. The court held that “to provide free legal aid to the
indigent accused person”. It is also given at the time when the accused is produced before the Magistrate for the first
time along with time commences. The right of the accused person cannot be denied even when the accused fails to
apply for it. If the state fails to provide legal aid to the indigent accused person, then it will vitiate the whole trial as
void. In the case of Sukh Das vs Union Territory of Arunachal Pradesh [6], the court held:- “The right of indigent
accused cannot be denied even when the accused fails to apply for it”. If the state fails to provide legal aid to the
indigent accused person it will vitiate the whole trial as void.
➢ Right to be Examined by the medical practitioner
Section 54 of CrPC states that when the arrested person alleges that examination of his body will lead to a fact which
will disapprove the fact of commission of an offence by him, or which will lead to commission of an offence by any
other person against his body, the court may order for medical examination of such accused person at the request of
him (accused) unless the court is satisfied that such a request is made for the purpose of defeating the justice.
11. What is meant by summon and warrant?
A Summons provides legal notice to a party about a lawsuit. It is the first official notice that a defendant receives to
notify him or her that he or she is being sued. In some instances, the summons may specify a specific court date, but in
others, it does not. The Summon shall indicate the name of the Court before which the person is required to remain
present along with the details of the case and the date on which the person is required to appear before the Court.
A Warrant is a document issued by a Court to a person or an entity involved in a legal proceeding. A Warrant is issued
only in serious offences and/or after duly served summons is disobeyed or if the accused has willfully avoided the
services of the summons. If the accused seem to be avoiding the summons, the court, in the second instance issues a
bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court's
proceeding intentionally, the process of issuance of the non-bailable warrant is resorted to.
12. What are the essential ingredients of First Information Report?
There are three important elements of an FIR:
➢ The information must relate to the commission of a cognizable offence,
➢ It should be given in writing or orally to the head of the police station,
➢ It must be written down and signed by the informant, and its key points should be recorded in a daily diary.
➢ Name and address of the informant,
➢ Information on the incident’s date, time, and place;
➢ The incident’s actual facts as they happened;
➢ The identities and descriptions of those engaged;
➢ Details of witnesses, if any.
13. Define summon case and warrant case
Summon case is defined under section 2(w) of Crpc which defines summon case as a case relating to an offence not
being a warrant case.
Warrant case on the other hand is defined under section 2(x) of Crpc which defines warrant case as a case relating to
an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding 2 years.
14. Write a short note on Maintenance?
The word ‘Maintenance’ is not defined in the Code of Criminal Procedure, 1973. Chapter IX of the Code of Criminal
Procedure deals with provisions for maintenance of wives, children and parents. ‘Maintenance’ in general meaning is
keeping something in good condition. ‘Maintenance’ in legal meaning is money (alimony) that someone must pay
regularly to a former wife, husband or partner, especially when they have had children together. It is the duty of every
person to maintain his wife, children and aged parents, who are not able to live on their own.
Section 125 of Crpc deals with “Order for maintenance of wives, children and parents”. According to Section 125(1),
the following persons can claim and get maintenance:
➢ Wife from his husband,
➢ Legitimate or illegitimate minor child from his father,
➢ Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and
➢ Father or mother from his son or daughter.

15. What are the principal features of Fair Trial?

The main aim of the Criminal Justice-System of India is to ensure fair and impartial trial of each and every accused
who has been put behind bars in the Indian territory. Our country follows the adversary system for conducting the trial
of an accused. Under this system, it is the prosecution who has to prove the guilt of the accused beyond a reasonable
doubt. The Criminal-Justice-System of India follows some principles to ensure fair trial but still, India lags behind in
the Rule of Law Index.
➢ Presumption of innocence
➢ Independent, impartial and competent judge
➢ Expeditious trial
➢ Hearing should be in open court
➢ Knowledge of accusation and adequate opportunity
➢ Trial in presence of accused
➢ Evidence to be taken in presence of accused
➢ Cross-examination of prosecution witnesses
➢ Prohibition of double jeopardy
➢ Legal aid

16. Reference
Section 395 and section 396 of the Criminal Procedure Code deal with reference. There is no statutory definition of
reference provided in the Criminal Procedure Code. Reference is a matter between two courts where the lower court
seeks the opinion of the High Court regarding an act, ordinance or regulation.
17. Define child in Need of Care and protection
As per Section 2(d) of the Juvenile Justice (Care and Protection of Children) Act, 2000, “Child in need of care and
protection” means a child:
(i) Who is found without any home or settlement place or abode and without any ostensible means of
subsistence
(ii) Who resides with a person (whether a guardian of the child or not) and such person:
(a) Has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out; or
(b) Has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in
question being killed, abused or neglected by that person.
(iii) Who is mentally or physically challenged or ill children or children suffering from terminal diseases or
incurable diseases having no one to support or look after;
(iv) Who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over
the child;
(v) Who does not have parent and no one is willing to take care of or whose parents have abandoned or
surrendered him or who is missing and run away child and whose parents cannot be found after
reasonable inquiry;
 (vi) Who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or
illegal acts
(vii) Who is found vulnerable and is likely to be inducted into drug abuse or trafficking;
(viii) Who is being or is likely to be abused for unconscionable gains;
(ix) Who is victim of any armed conflict, civil commotion or natural calamity

18. Explain the composition of Juvenile Justice Board.

Juvenile Justice Boards (JJBs) will be constituted in each district to deal with children in conflict with law. They will
consist of a Metropolitan or Judicial Magistrate and two social workers, including a woman.
19. What is meant by probation and Admonition?
Admonition. 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.
 CRPC 10 MARKS
1. What are the different courts exercising jurisdiction under the Code? What sentences can they pass?
And Draw the Hierarchy of Criminal court Chart.

2. What do you mean by Arrest and when may a Police officer Arrest without a warrant? Can a private
person arrest? How arrest is made?
An Arrest is an act of taking a person into custody as he/she may be suspected of a crime or an offence. It is done
because a person is apprehended for doing something wrong. After arresting a person further procedures like
interrogation and investigation are done. It is part of the Criminal Justice System. In an action of arrest, the person is
physically detained by the concerned authority.
Section 41 of Crpc states the conditions When police may arrest without warrant:
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-
(a) 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
(b) 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
(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may
reasonably be suspected of having committed an offence with reference to such thing; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from
lawful custody; or
(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has
been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of
India which, if committed in India, would have been punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under sub- section (5) of section 356; or
(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided
that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made
and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the
requisition.
(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging
to one or more of the categories of persons specified in section 109 or section 110.
Section 43 of Crpc states Arrest by private person and procedure on such arrest

• Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable
and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause
to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such
person or cause him 10 be taken in custody to the nearest police station.

• If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-
arrest him.

• If there is reason to believe that he has committed a non-cognizable offence and he refuses on the demand of a
police officer to give his name and residence, or gives a name or residence which such officer has reason to
believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason
to believe that he has committed any offence, he shall be at once released.
 3. What do you mean by First Information Report and its kinds and write the procedure for recording the
F.I.R and Discuss the Landmark Case laws in FIR
First Information Report (FIR), or the first information of a cognizable offence to the officer in charge of a police
station, is covered under Section 154 of the Code of Criminal Procedure, 1973 (CrPC). Although the word “FIR” is
not defined in the Code, it refers to oral information on the conduct of a cognizable offence that is provided to the
police at the earliest possible moment. An FIR is not intended to be fully detailed; rather, it is intended to initiate the
criminal justice system. The information provided to the police officer in order to register a case may be true and
accurate.
An FIR is an essential document for both parties (prosecution and defence). It serves as the case’s initial foundation.
The prosecution case will collapse if the foundation is weak.
Investigation is one of the crucial tasks that the police perform. The goal of an investigation is to gather evidence and
arrest the wrongdoer. Police investigations are covered under Sections 154 to 176 of Chapter XII of the Criminal
Procedure Code of 1973, which is titled “Information to Police and Their Power of Investigation.”
Types of FIR:
False FIR’s
A fraudulent FIR is one in which the information given is misleading and for which a penalty has been imposed.
Anyone who provides wrong information to a public official with the aim to harm another person is subject to
imprisonment for a term that may extend to 6 months, a fine of up to 1000 rupees, or both under Section 182 of the
IPC. Anyone who knows or has cause to think that an offence has happened and spreads false information about the
offence is subject to a sentence of up to two years imprisonment or a fine, or both under Section 203 of the IPC.
Second FIR in a case
According to the law, which was established in the case of Kari Chaudhry v. Sita Devi in 2002, there cannot be two
FIRs filed against the same accused for the same offence. However, if there are new accounts of the occurrence that
led to two FIRs, then two FIRs must be filed, and an inquiry into those FIRs can proceed.
Zero FIR
Any police station, regardless of its scope of authority, may record a zero FIR. It is typically employed for offence s
like murder and rape, as well as other cognizable offences, or offences for which police can act without first seeking a
court’s permission. Before it is handed to the relevant jurisdictional station, basic action and investigation are taken. It
is useful for offences that need to be addressed right away since it enables quicker action that is not slowed down by
bureaucratic procedure and takes into account whether the police station whose jurisdiction the offence falls under is
difficult to get to.
Procedure of filing an FIR under Section 154 CrPC
Whoever has knowledge of the commission of an offence that is cognizable may disclose it to the police, and Section
154 of the Code specifies how this information should be documented. Section 154 of the Code, the Police Act, 1861
and the rules of criminal practice established by the relevant high courts can all be used to determine how to register
an FIR. An examination of Section 154 reveals the following:
1) An officer in charge of a police station with jurisdiction over the case must receive the information to
investigate.
2) If the information is provided to the officer verbally, it must be converted to writing by the officer in charge or
by someone else with his approval.
3) If the information is provided in writing or is reduced to writing as described above, the informant must sign
it.
4) The informant must verify the information that has been recorded in writing.
5) The police officer is next required to record the information’s main points in a book he keeps in the format
specified. Station Diary, General Diary, or Roz Namchara are the names of this book. (Police Act, 1861 ).
 6) The information, as it was documented in the aforementioned way will then be immediately delivered to the
informant in a copy.
Case law: Prakash Singh Badal v. State of Punjab, Haryana v. Bhajan Lal
4. Explain the various processes to compel the appearance of an accused before the court.
The basic requirement for the progress of the trial in crime is the appearance of the accused that has been defined
under Chapter VI of the Criminal Procedure Code.
1) Summons

• The most basic and mildest form of the process is the summons which may be issued in order to make a
document or a thing appear. Summons are issued in duplicate under the seal of the court that is required to be
conveyed by the police officer of the court or any public servant to someone personally.

• Summons include the clear and specific title of the suit and place and includes date and time whenever a
search appearance of a person or a thing is required.

• A brief description of the charged offences is provided in the summons.

• The power to issue a summons in the hands of the police which directs a person to be present for some
investigations. Whenever corporation services are to be served, a summon is presented to the secretary or
principal officer of that corporation address to the chief officer of the company. Summons can also be issued
on banking sectors.

• Whenever it happens that a person summoned on a specific day and the person does not appear, the person’s
family male member are served the summons again who is required to sign the receipt whenever that person is
found. But in cases where summons cannot be served according to the above-mentioned procedure, the person
serving the summon shall appoint one of the summonses to be a part of the house.

• Whenever a person to be given to someone is in any government service the court is required to send someone
to the head of the office under which such person has been employed. Whenever the court does not have a
jurisdiction to send the summon it may send it to the magistrate under whose jurisdiction the summon can be
sent to the person where he ordinarily resides.

• Whenever someone is sent to the witness it must be sent by registered post, the provision of which was
inserted in 1997 in order to avoid any delay in service of such summons.

• The procedure of sending the summons by registered post can also be adopted for sending someone’s to the
accused and delay in service of the summons is the major factor nowadays for the delay in the process of the
trials.

• Where the offences in the world are bouncing of cheque, petty crimes, etc. sending summons to registered
post may be avoided.
2) Warrants
Whenever a person fails to appear before the court on the said date after the issue of summons, he may be issued a
warrant of arrest directly. Unless and until the court which issues such warrant cancels it or unless the warrant has
been executed the warrant of arrest shall remain in force.
The essential requirements of a valid warrant are:

• The warrant should be in a prescribed form and in writing.

• It should include the name and designation of the person who is executing it.

• It must provide the full name and description of the person to be arrested.

• It must include the offences that are charged against the person to whom the warrant is issued.

• It must be sealed.
 • It must be signed by the officer of the court.
A bailable warrant may be issued to a person where there is the involvement of offence related to a minor case.
A warrant should always be directed to the person in charge of a police station. It can also be directed by the court if
there is surety and security by a person that his attendance may be taken and he may be released on bail. Such
warrants are called bailable warrants.
Execution of warrant can happen at any place in India by the way of a court which can send the warrant to the
superintendent of the police residing in that area and having jurisdiction over that area.
Whenever there are reasons to believe that a person against whom the warrant has been issued is concealing himself,
proclamation can be issued by the court which can be published in the manner which has been directed by the court
including in the newspapers and other direct attachment of property. A receiver office property can also be appointed
by the court. Whenever a proclaimed person appears the attachment can be cancelled and if the court has few reasons
to believe the abscondment of the person or the person has not obeyed or will not obey their summons the warrant of
arrest may be issued.
The controlling officers of the area where the police have sent the summons or warrant are required to know the
position of the summons and warrants.
5. A Metropolitan Magistrate after conducting a summary trial imposes a fine of Rs 2,000. Discuss the
validity of the Judgement. (3 marks)
The judgment is only valid if it was passed by the metropolitan Magistrate of first class. This is because according to
section 29(2) of Crpc, The Court of a Magistrate of the first class has the power to pass a sentence of imprisonment for
a term not exceeding three years, or of fine not exceeding five thousand rupees, or of both.
And according to 29(3) of Crpc The Court of a Magistrate of the second class may pass a sentence of imprisonment
for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.
6. A girl is kidnapped within the jurisdiction of the court at Vellore and raped within the jurisdiction of
the court at Thiruvannamalai. Discuss the place where the accused can be tried. (3 marks)

7. Write a short note on Evidentiary Value of Statement recorded u/s 161(3) CrPC. (4 marks)
Examination of witness by the Police is done under section 161 of Crpc. Under this section, a police officer making an
investigation can examine the person acquainted with the facts of the case, and reduce the statement made by such
person into writing. There should not be a long delay on the part of the investigating authorities in recording
statements.
The statements recorded by the police u/s.161 CrPC are not evidence for prosecution. They can be used by the defence
for contradicting the prosecution witnesses. But when the prosecution witness turns hostile, with the permission of
court, the Public Prosecutor can cross examine that witness by using his 161 statements to establish contradiction.
When Section 161 statements fall u/s 27 or u/s 32(1) of Indian Evidence Act, then those statements can be used by
prosecution as evidence. S.161 statements are not substantive evidence. Statement of injured witness was recorded as
dying declaration but if he survived, then such statement has to be considered as S.161 statements. But 161 statements
can be treated as dying declaration if that person dies

8. Under what circumstances section 437 of Crpc grant bail in a non bailable offences and explain the
special powers of High court and court of session regarding bail?
‘Bail’ connotes the process of procuring the release of an accused charged with certain offences by ensuring his future
attendance in the court for trial and compelling him to remain within the jurisdiction of the court.
Section 437 of the Criminal Procedure Code lays down the provision for granting bail for non-bailable offences. The
following are the provisions for bail in a non-bailable offence:
• The granting of bail for non-bailable offences is totally at the discretion of the court or the concerned police
officer.

• When a person accused of a non-bailable offence is arrested or detained without a warrant, he may be granted
bail by the police officer in charge of the concerned police station. However, there are some restrictions to
this power. Under any of the following circumstances, the police officer cannot grant bail to such a person:
1) There are reasonable grounds for believing that he is guilty of committing an offence that prescribes a
punishment of death or life imprisonment.
2) The offence is cognizable and there has been a previous conviction for an offence punishable with death, life
imprisonment, or imprisonment for at least 7 years.
3) If there have been two or more convictions of the accused for a cognizable offence, that prescribes a
punishment of imprisonment of 3 years to 7 years.

• Once a police officer has granted this bail, he must record the reasoning behind it and the same shall be
mentioned in the case diary.

• When a person who has been accused of committing a non-bailable offence appears before the judicial
magistrate or is brought before him, the judicial magistrate can exercise discretion in granting him bail.
However, the magistrate cannot exercise this power in any of the following circumstances:
1) There are reasonable grounds for believing that he is guilty of committing an offence that prescribes a
punishment of death or life imprisonment.
2) The offence is cognizable and there has been a previous conviction for an offence punishable with death, life
imprisonment, or imprisonment for at least 7 years.
3) If there have been two or more convictions of the accused for a cognizable offence that prescribes a
punishment of imprisonment of 3 years to 7 years.

• Though there are restrictions to this discretionary power as mentioned above, the police officer or the judicial
magistrate may grant bail to the accused if the accused is a woman, a person under the age of 16, or a person
who is sick or infirm. Hence, in such cases, the restrictions in points a, b, and c will not be applied.

• In the situations mentioned in points b and c, the officer or the magistrate may still grant bail if there is any
special reason for doing so.

• While releasing a person on bail, the officer or the magistrate must record the reasons or any special reason
for doing so in writing.

• The mere fact that an accused has to be identified by witnesses during the investigation process does not
disqualify him from being granted bail if he is entitled to bail otherwise.

• If the offence that the accused is alleged to have committed is punishable with death, life imprisonment, or
imprisonment for 7 years or more, then the public prosecutor must be given an opportunity of hearing in order
to grant bail to the accused.

• If at any stage of the case, whether it is during the investigation, enquiry or trial, the police officer or the
magistrate finds that there are no reasonable grounds for believing that the accused has committed a non-
bailable offence, then the accused shall be granted bail. On doing so, the reasons or special reasons must be
written and recorded.

• The trial of such an offence should ideally conclude within 60 days from the first date which was fixed for
taking evidence. If not, the accused person must be mandatorily released on bail if he was in custody. If he is
not released, the officer or the magistrate must record the reasons for doing so.

• A bail granted to an accused can be subsequently cancelled and the accused shall be re-arrested on the
satisfying of any of the following conditions:
 1) Commission of the same offence by the accused.
2) Hampering of the investigation process by the accused.
3) Tampering of evidence by the accused, whether it is through intimidating prosecution witnesses or by
eliminating the evidence of the commission of the crime.
4) Violation of any of the conditions imposed by the court while granting bail.

9. Explain the guidelines issued by Supreme court in D.K Basu Vs State of West Bengal and other rights
available for arrested persons under CRPC?
In the case of D.K Basu vs. State of West Bengal “the executive chairman of Legal Aid Services, a registered non-
political organization submitted a letter to the Chief Justice of India regarding the deaths that occurred in police
custody and lock-ups. It was also mentioned to examine the matter seriously and to introduce “custody jurisprudence”.
It was also stated that various efforts are taken by police authorities to sleek over matters of custodial deaths and hence
offense goes unpunished.
Considering the various aspects and importance of the raised issue, the letter was taken as a “writ petition” and notice
was given to respondents.” At that time, there was no proper machinery to be followed in cases of custodial deaths.
Deaths that occurred during the custody of police authorities are an important and significant matter of concern in the
present scenario. It is more aggravating as committed by the protectors of society.
This act of police officials is against basic human rights and the principle of rule of law. It is usually committed in the
custody of police authorities where the victim is unable to protect himself and totally helpless. Custodial deaths are
considered not only the assault on the body of an individual but also an assault on human dignity and create the mental
agony or trauma on the minds of the victims within the four walls of lockups.
General guidelines

• It is the duty of the police officers not to use third-degree methods while having investigation and
interrogation from the accused.

• Attention must be required in checking the working environment, training, and orientation of the police
officials with the basic human values.

• The legislature must adopt the recommendations suggested by the law commission report by inserting Section
114-B.

• A balanced approach should be used by the police to extract the information from hardened criminals.

• There must be a memo made by the police officer in charge at the time of arrest and at least one family
member of the accused must be present when the arrest is made.

• The requirements under the Constitution under Art. 21 and 22(1) must be followed by police officers.

• Awareness must be created to the arrestee so that he can understand his basic rights at the time of the arrest.

• Also, the court has given certain preventive measures that must be followed by the police officer in charge at
the time of the arrest of an accused.
Thus, this case was a landmark judgment given by the court while considering the rampant issue of custodial death
and violence in the country. But somewhere our legislation has not yet taken any moral as well as legal consideration
towards this issue and there is no specific law in the country which deals with the issue of custodial deaths. Public
officers are acquitted after having no evidence against them to prove their guilt. Thus, guidelines given under this case
must be adopted by the officer and no one should be allowed to take the law into their hands.

10. Explain the procedure of sessions court Trial

District court referred to as sessions court when it exercises its jurisdiction on criminal matters under Code Of
Criminal Procedure 1973. As per section 9 of Code of Criminal Procedure, 1973, the State government establishes
court for every session division. The court presided over by a Judge, appointed by the High Court of that particular
state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this court. In
India, the Sessions Court has responsibility for adjudicating matters related to criminal cases.
The code lays down the procedure for trial before a court of session as follows:
Section 226: Opening Case for the Prosecution
When the case is committed to the Session Court, and the accused appears before the Court of Session, the case will
be opened for prosecution by the Public Prosecutor by describing the charge and stating the evidence.
Section 227: Discharge
Discharge is a mere suspension of the trial. After considering the evidence, if the judge considers there aren’t
sufficient grounds for proceeding against the accused, he’ll discharge the accused after recording the reason. It will be
a speaking order. According to section 319 of the Criminal Procedure Code, Session Court has the power to add any
person against whom there appears sufficient evidence of his involvement in the case and direct him to be tried with
other accused.
Section 228: Framing of Charges
When the case is not exclusively triable by the Session Court, the judge may or may not frame the charges and would
transfer the case to the Chief Judicial Magistrate.
When the case is exclusively triable by the Session Court, the judge shall frame the charges. The charge then shall be
read and explained to the accused. The accused shall then be asked if he pleads guilty or claims to be tried.
Section 229: Conviction on Plea of Guilty
It is the judge’s discretionary power. If the accused pleads guilty, his plea will be taken on record, and the judge, upon
his discretion, shall convict the accused or fix the date for prosecution evidence under section 230 of the Criminal
Procedure Code.
Section 230: Date for Prosecution Evidence
Suppose the accused claims to be tried or does not pleads or refuses to plead or is not convicted under section 229 of
the Criminal Procedure Code. In that case, the date will be fixed for examination of the witness or issue of process to
call a witness or for production of any object or thing.
Section 231: Evidence for Prosecution
On the date so fixed, the judge shall record the evidence. The judge, upon his discretion, shall postpone the cross-
examination of the witness until other witnesses are examined or recall any other witness for cross-examination.
Section 232: Acquittal
The court can acquit the accused if there is no satisfactory or conclusive evidence that he committed any offence.
Section 233: Entering Upon the Defence
In case the accused is not acquitted, he shall enter upon his defence and adduce his evidence. He may file his written
statement or application for issue of any process. But such application will not be accepted if it is with the intent to
cause delay or vexatious in nature.
Vexatious means ‘disorderly’ or ‘instituted without sufficient grounds and serving only to annoy the defendant’.
Section 234: Arguments
When the evidence from the defence is concluded, the prosecution shall sum up the case, and then the defence is
entitled to reply.
Section 235: Judgement
After hearing the arguments, the judge shall deliver the judgement where he shall either acquit or convict the accused.
If the accused is to be convicted, there shall be a hearing on the question of sentence.
In Allauddin Mian vs State of Bihar, it was held that hearing on the question of sentence is mandatory.
Section 236: Previous Conviction
Where a previous conviction is charged under section 211(7) of the Criminal Procedure Code, and the accused refuses
to admit it, the judge may, after conviction, take evidence regarding that previous conviction.
11. Explain the procedure of trial of warrant cases and summon cases by Magistrate.

12. For every district of which any person is accused shall be a separate charge and every such charge shall
be tried separately. Discuss. Are there any exceptions to this rule. Explain it.
The charge is defined under Section 2(b) of the Code Of Criminal Procedure, 1973. According to which, “charges
mean the head of the charge when there are more than one charges”. To put it in a more straightforward language,
after the trial is initiated, the accused person is informed about the allegations which have been raised against him and
the provisions of the Code under which he would be tried by the Court.
The general principle regarding charges as purported by Section 218 of the Code Of Criminal Procedure, 1973 is that
every offence of which a particular has been accused shall come under a separate charge and each such charge shall be
tried separately and distinctly. This means that each offence has to be treated as a separate entity and should be tried
distinctively.
But, Section 218(2) carves out exceptions to Section 218(1). The provisions of Section 219, 220, 221 and Section 223,
override the provisions as mentioned under Section 218 of the Code Of Criminal Procedure. This means that Section
219- 223 talks about the Joinder Of Charges.
The exceptions to Section 218 are as follows:

• Exception 1
Section 219 of Crpc asserts when a person is accused of an offence of more than one, but not exceeding three of the
same kind, and the offence is committed within twelve months then the accused may be charged and tried at one trial
for all the offences committed.
In Madan Mohan Sahu v. Central Agencies (2010), cheques were issued within twelve months. The court held that it
was not necessary to file two separate complaints against their dishonour and it is enough if a single complaint is filed.

• Exception 2
Section 220(1) of Crpc When the accused commits several offences in the same transactions, then he may be tried
jointly and it is immaterial whether the offence is of the same kind or not, or whether the number exceeds three or not,
and whether the offence is committed within one year or not.
Mohinder Singh v. The State of Punjab (1998): In this case, it was held that the court may or may not try all the
offences together in one trial.

• Exception 3
Section 220(2) of Crpc When the accused is charged with one or more offences of criminal breach of trust or
dishonest misappropriation of property the accused may be charged with and tried at one trial for every such offence.

• Exception 4
Section 220(3) of Crpc When the accused is charged with an offence which is falling under two or more separate
definitions of law, then the accused may be charged with and tried at one trial for each of such offences.
Ramayan Bhagat v. The State (1968): In this case, it was said that a man may be prosecuted under Section 7 of the
Essential Commodities Act, 1955 for having rice above the prescribed limit and also for dacoity in respect of the same
bags of rice.
 • Exception 5
Section 220(4) of Crpc When the accused commits several acts and one of which constitutes an offence and when it is
combined constitutes a different offence, the accused person may be tried at one trial for the offence constituted by
such acts when combined and for any offence constituted by any one or more of such acts.
Example: A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with
and convicted of an offence under Section 323, 392 and 394 of IPC.

• Exception 6
Section 221 of Crpc lays down a few conditions:
When a single act or series of acts is of such a nature that it is doubtful what offence, the accused has committed then
the accused may be charged with having committed all or any of such offences and the charges against may be tried at
once or the accused may be charged in the alternative with having committed someone of said offences.
When the accused is charged with one offence but it appears that in the evidence there is altogether a different offence
for which he was charged then the accused is convicted for the offence only which he committed although he has not
charged with it.
This section is applicable only in cognate offences such as theft and criminal breach of trust and it does not include
offences such as murder and theft.
Achhut Rai v. Emperor (1926): In this case, where the accused is charged with murder under Section 302 of IPC, the
accused cannot be convicted under Section 194 of the Indian Penal Code.

• Exception 7
Section 223 of Crpc provides certain persons can be tried jointly:

• Accused who committed the same offence in the same course of the transaction.

• Accused of an offence and person accused of abetment of or attempt to commit such offence.

• Accused of more than one offence of the same kind and committed by them jointly within twelve months.

• Accused of different offences committed in the course of the same transaction

• Accused of an offence which includes theft, extortion, cheating, criminal misappropriation, concealment of
property.

• Accused of offences under Section 411 and 414 of the Indian Penal Code.

• Accused of offences under Chapter XII of the Indian Penal Code.

The proviso to Section 223 of Cr.PC provides that the magistrate on an application of the accused person may direct
their joint trial even if they do not fall under the categories specified if the magistrate believes that trial of such
persons would not be prejudicially affected.
13. Explain the contents of charge, alternation of charge and effect of error in framing of charge
Charge:
In simple terms, 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.
Content of Charge:
Section 212 of the Crpc, the charge must contain details of the time and place of the alleged offence and the
name of the person against whom, or the thing against which, such offence has been alleged to have been committed.
Every such detail shall be mentioned in such a way so as to be reasonably sufficient to give notice to the accused of
the nature of accusation and the matter with which they are charged.
Alteration of charge and the procedure to follow such alteration
Section 216 of Crpc explains that courts shall have the power to alter or add to charge at any time before the judgment
is pronounced.
The trial court or the appellate court may either alter or add to the charge provided the only condition is:
• Accused has not faced charges for a new offence.
• Accused must have been given the opportunity of meeting and defending the charge against him.
After such alteration or any addition made to the charge, the charge shall be explained to the accused as to enable him
to prepare to meet the fresh challenges.
If the court concludes that the alteration or addition of the charge is likely to be prejudiced to the accused or the
prosecutor then the court may proceed with the original trial or adjourn it. The case shall not move forward unless the
sanction is obtained in respect of the facts constituting the offence.
14. To what court an appeal lies against the conviction and acquittal? And in what circumstances appeal is
not permitted under CRPC
Section 374 – Appeals from convictions

Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to
the Supreme Court.
Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any
other Court in which a sentence of imprisonment for more than seven years 1 [has been passed against him or against
any other person convicted at the same trial; may appeal to the High Court.
Save as otherwise provided in Sub-Section (2), any person, convicted on a trial held by a Metropolitan Magistrate or
Assistant Sessions Judge or Magistrate of the first class or of the second class, or sentenced under section 325, or in
respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may
appeal to the Court of Session.

Section 378- Appeal in cases of acquittal

The state government is entitled to direct the Public Prosecutor to present an appeal in the High Court from an order of
acquittal (original or appellate) passed by the Court of Session of any court other than the High Court. This is subject
to the following conditions-

Such an appeal shall be entertained only when the High Court grants leave.
In response to an application made by the complainant for grant of special leave by the High Court from an order of
acquittal, the complainant can present it to the High Court. However, no such application shall be entertained after the
expiry of a period of six months for a public servant, or the expiry of sixty days for other cases (calculated from the
date of acquittal).
No appeal in certain cases when accused pleads guilty
Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been
convicted on such plea, there shall be no appeal.if the conviction is by a High Court; orif 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.
Section 376 – No appeal in petty cases
Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the
following cases, namely:

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

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

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

• where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of
fine not exceeding two hundred rupees:
15. Explain the power of appellate court and the procedure for hearing appeals
Appellate courts are positioned above the trial courts to review their work and to correct any errors that may have
occurred. Appellate courts are usually collegiate bodies, consisting of several judges instead of the single judge who
typically presides over a trial court.
Appellate court has the power to do the following:
a) In an appeal from an order or acquittal, reverse such order 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;

b) In an appeal from a conviction-

1) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a Court of
competent jurisdiction subordinate to such Appellate Court or committed for trial, or
2) alter the finding, maintaining the sentence, or
3) 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;

c) In an appeal for enhancement of sentence-

1) 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
2) alter the finding maintaining the sentence, or
3) 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;

d) In an appeal from any other order, alter or reverse such order;

e) Make any amendment or any consequential or incidental order that may be just or proper;

16. Explain the salient features of juvenile Justice (care and protection of Children) Act, 2015
The Juvenile Justice Act, 2015 addresses children in conflict with law and children in need of care and protection. It
provides a comprehensive process for domestic and inter-country adoption of orphan,abandoned and surrendered
children.
Features of the Juvenile Justice Act, 2015 are as follows:
• Juvenile Justice Boards (JJBs) will be constituted in each district to deal with children in conflict with law.
They will consist of a Metropolitan or Judicial Magistrate and two social workers, including a woman.
• Any person who is between the ages of 16-18 years and has committed a heinous offence may be tried as an
adult, irrespective of date of apprehension. In all other cases, juveniles will get a maximum of three years in
institutional care, as determined by the JJB.
• In case of heinous offences, if a juvenile is apprehended before 21 years of age the JJB will conduct a
preliminary inquiry. This will determine his mental/physical capacity to commit an offence and an understanding of its
consequences. The JJB will then pass an order that recommends interventions like counselling or community service
or staying at an observation home for a temporary or long-term period or refer the juvenile to a Children’s Court to
determine whether to try him as an adult.
• A Children’s Court is a Sessions Court notified under the Commissions for Protection of Child Rights Act,
2005.
• Child Welfare Committees (CWCs) will be constituted in each district to deal with children in need of care
and protection. They will be composed of a chairperson and 4 other members who shall be experts on matters relating
to children. At least 1 of the members will be a woman.
• A child who is found to be in need of care and protection shall be brought before a CWC within 24 hours.
Subsequently, a Social Investigation Report is required to be prepared within 15 days. After assessing the report, the
CWC may recommend that the child be sent to a children’s home or another facility for long term or temporary care,
or declare the child as free for adoption or foster care.
• The Central Adoption Resource Agency will frame regulations on adoption. These regulations will be
implemented by state and district agencies. Prospective adoptive parents should be physically and financially sound. A
single or divorced person may adopt a child. A single male may not adopt a girl child. The Act also provides for inter-
country adoption.
• The offence of assaulting, abandoning, abusing, or wilfully neglecting a child will attract a punishment of up
to 3 years of imprisonment and/or a fine of 1 lakh rupees. The penalty for employing a child for the purpose of
begging will lead to an imprisonment of up to 5 years and a fine of 1 lakh rupees.
• A person who gives a child an intoxicating or narcotic substance will be liable for imprisonment up to 7 years
and a fine extending up to 1 lakh rupees. The penalty for selling or buying a child for any purpose will be
imprisonment up to 5 years and a fine of 1 lakh rupees.
10.
1) a is charged under section 242 of the Indian Penal Code (45 of 1860) with having been in possession of
counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit.
The word “fraudulently” being omitted in the charge. Whether the omission of word fraudulently in the charge
will be considered as material error in the charge? If so, give reasons. (5 marks)
A is charged under section 242 of the Indian Penal Code (45 of 1860), with" having been in possession of counterfeit
coin, having known at the time when he became possessed thereof that such coin was counterfeit," the word"
fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall
not be regarded as material.
2) A was charged for offence of murder and he wants to give a confession statement before the judicial
Magistrate, explain the procedure and steps to be followed by the judicial magistrate for recording the
confession statement of the accused. (5 marks)