Q1. Explain the constitution and powers of criminal court.

Sec6 of the crpc deals with criminal courts

*Supreme Court: -The Supreme Court has also exercises appellate Jurisdiction in criminal cases under the
provisions of the Supreme court Act, 1970. The constitution establishes the Supreme Court and defines its
Jurisdiction and powers in Articles 124, 129, 130, 132, 134, 136-139, 141, 144 and 145. Under certain
circumstances appeal can be made to Supreme Court (sec. 374 & 379), It is the highest court of judicature in
our country It is having the power to hear appeals from various High Courts in the country and also power to
transfer cases and appeals (sec.406).It is headed by the chief justice of India.
*High court : High Courts: It is the highest court of judicature at state level. Chief justice is the head of the
court. The constitution of India defines the jurisdiction of High court.( Articles 214, 215, 227 and 228 of the
Constitution ). The High Court has got Superintendence over the courts of sessions and Magistrates in the
state (sec. 483). The High Court has various powers including those relating to reference, appeal, revision and
transfer of cases. It has the inherent power to prevent the abuse of the process of any court, or to secure the
ends of justice(sec.482). It may pass any sentence authorised by law.
*Courts of Session:- The State Government shall establish a Court of Session for every sessions
division/divisions for each district. It is headed by the District Session Judge. There may be an Additional
Sessions Court headed by the Additional Sessions Judge and also Assistant Sessions Court headed by the
Asst. Sessions Judge (Sec.9)
*Powers: The Sessions Judge and Additional Sessions Judge are empowered lo pass any sentence including
Life imprisonment and death sentence and fine without any limit.
*Courts of Judicial magistrates: - According to Sec.11 of the Code, the State in consultation with the High
Court establishes the Courts of Judicial magistrates. They are classified as follows:

i) Chief Judicial Magistrates or Addl. Chief Judicial Magistrate: First Class Judicial Magistrate
as the Chief Judicial Magistrate or Additional Chief Judicial Magistrate of the District. He is
empowered to pass sentence up-to 7 years and fine without limit. (Sec 12).
ii) Sub-Divisional Judicial Magistrate: He is empowered to pass sentence up to 3 years
imprisonment and fine up to Rs.10,000/-
iii) First Class Magistrate: (Judicial Magistrate or Special Judicial Magistrate of First Class)
The State in consultation with High Court May establish as many as the Courts of Judicial
magistrates of First Class and Second Class. The First Class Magistrate can pass sentence up-to 3
years and fine up-to Rs. 10,000/-
iv) Second Class Magistrate: He can pass sentence of imprisonment up-to one Year and fine up-to Rs.
5,000/-
*Courts of Metropolitan Magistrates: The State Government can declare any town or city as 'Metropolitan
area if the population exceeds one million. The Judicial Magistrates appointed in Metropolitan area are called
'Metropolitan Magistrates. One of them may be appointed as the Chief Metropolitan Magistrate (Sec 16)

i) Chief Metropolitan Magistrate or Additional Chief Metropolitan Magistrate: His Powers are
equal to that of Chief Judicial Magistrate or Additional Chief Judicial magistrate i.e.,
Imprisonment up to 7 years and fine without limit (Sec.17).
ii) Metropolitan Magistrate and Special Metropolitan Magistrate: A retired Government servant
may be appointed as Special Metropolitan Magistrate. The powers are similar to that of Judicial
Magistrate or Special Judicial Magistrate ie. upto. 3 years imprisonment and fine up-to Rs.
5000/-(Sec. 18).
iii) Executive Magistrates:-The code adopted the separation of Judiciary from the Executive: The
Judicial Magistrates and Metropolitan Magistrates are under the Control of the High Court While
the Executive Magistrate (District Collector, Sub Collector and Tahsildar/MRO) are kept under
the control of the State Government (Sec 20).
Q2.Explian the provision relating to trial before the session court.

*Trial to be conducted by Public Prosecutor( Section 225): In a trial before a Court of Session, the
prosecution shall be conducted by a Public Prosecutor .Public Prosecutor means, a person appointed
Under Section 24 of the Code and includes a person acting under his direction. The accused has a right to
engage a counsel of his choice. If he cannot afford to engage the defence counsel, the court engages at the
State expenses.
*Opening the Case (Sec.226): The accused appears or is brought before the Court in pursuance of a
commitment of the case under Section 209, the prosecutor shall open his case by describing the charge
brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
*Discharge of the Accused (Sec.227): After hearing from both the parties (prosecution and defence) if
the Court considers that there is no sufficient ground to proceed against the accused, discharges him and
records the reasons for doing so. There is no scope for examination of any witness but there is scope for
both sides to argue their case in favour of framing charge or discharge.
*Framing of charges (Sec- 228 ) : criminal procedure code provides that after considering the record of
the case and after hearing the parties, if the court considers that there is ground for presuming that the
accused has committed an offence the court of session may frame the charges and also transfer the case to
Chief Judicial Magistrate for further trial. It must be writing order by the session's judge.
*Conviction on plea of guilty (Sec.229): If the accused pleads guilty, the Judge shall record the plea and
may in his discretion convict him thereon. The Judge also has a discretionary power, whether to convict
him or to proceed with the trial.
*Date for Prosecution Evidence (Sec.230): If the accused refuses to plead or does not plead or claims to
be tried or is not convicted under Section 229, the Judge shall fix a date for the examination of witnesses
or may order for compelling appearance of any witness or production of a thing/document.
*Evidence for Prosecution (Sec.231): (1) On the date so fixed as above, the judge takes all such
evidence in support of the Prosecution. (2) The Judge may in his discretion, permit the cross-examination
of any witness to be deferred until any other witness or witnesses have been examined or recall any
witness for further cross examination.
*Evidence for the defence (sec 233) : 1)Examination of witnesses for the defence, if he has not acquitted,
he shall be called up on to examination of witness. (2) Written statement of the accused. (3) Record of
Evidence.
*Acquittal (Sec.232): After taking the evidence for the prosecution and examining the accused, the court
shall hear the parties, if think is fit it considers that there is no evidence that the accused committed the
offence, it shall be recorded and an order of acquittal the accused person.
*Court witnesses [sec- 311)- The court may, if necess Summon and Examine, at any stage, any person as
a court witness
*Arguments [sec- 234]- After the recording of the defence evidence, the prosecutor shall sum up his case
and the accused shall be entitled to reply.
*Judgment (sec-235] - After hearing arguments, the court shall give a judgment in the case.
*Procedure to follow the order of conviction(sec 236) :- If the court convicts the accused person, it may
release the offender after admonition or on probation of good conduct. If the offender is not so released,
the court shall hear him on the question of sentence and then pass sentence on him according to law.
Q3. State the procedure to be followed for trial of warrant case.
Warrant case is more serious offences which are punishable with death, imprisonment for life or
imprisonment for a term of two years. Trial of warrant cases is conducted either by the Court of Sessions
or by the 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
*Supply of copies to Accused -Sec 238
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 207CrPC.

*Discharge of Accused- Section 239 & 245

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 & 246

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 242

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 sec 313

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 the defence (sec243 & 247) : 1)Examination of witnesses for the defence, if he
has not acquitted, he shall be called up on to examination of witness. (2) Written statement of
the accused. (3) Record of Evidence. Rasik Behrj v. State of U.P , 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.

Q4. Discuss the provisions of cr.p.c. relating to security for keeping peace and good behavior.
 The purpose of an order for security is not to punish but to prevent future commission of offences.
There is no question of bail to the person proceeding against under this chapter because bail is only for
continued appearance of a person and not to prevent him from committing certain offences.
Security for keeping the peace on conviction (Section 106) : According to Sec.106 the Sessions judge
or Magistrate, for the purpose of keeping peace and security, may order the person convicted of an
offence to execute a bond with or without sureties for such period not exceeding three years. This section
is applicable in respect of offences relating to public tranquility, assault, battery (use of criminal force),
any offence of criminal intimidation and any other offence likely to cause a breach of peace. Sec 106
comes into operation, only when a person is convicted of an offence.

Security for keeping the peace in other cases(Section 107):

i)When an Executive Magistrate receives information that any person is likely to commit a breach
of peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach
of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for
proceeding. he may, in the manner hereinafter provided. require such person to show cause why he
should not be ordered to execute a bond with or without sureties] for keeping the peace for such period,
not exceeding one year, as the Magistrate thinks fit.

ii)Proceedings under this section may be taken before any Executive Magistrate when either the
place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there
is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public
tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.

Security for good behavior from persons disseminating seditious matters( Section 108) :
(i)When an Executive Magistrate receives information that there is within his local jurisdiction any
person who, within or without such jurisdiction.
(ii) Either orally or in writing or in any other manner, intentionally disseminates or attempts to
disseminate or abets the dissemination of.
(iii)Any matter the publication of which is punishable under Section 124A or Section 153A or Section
153B or Section 295A of the Indian Penal Code (45 of 1860), or
(iv)Any matter concerning a Judge acting or purporting to act in the discharge of his official duties which
amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860).
(v) Makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes,
publicly exhibits, or in any other manner puts into circulation any obscene matter such as is referred to in
Section 292 of the Indian Penal Code (45 of 1860).

Suspected persons/criminals (Section 109): "Security for good behavior from suspected person". It
runs as follows:
When an Executive Magistrate receives information that there is within his local jurisdiction a
person taking precautions to conceal his presence and that there is reason to believe that he is doing so
with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided,
require such person to show cause why he should not be ordered to execute a bond, with or without
sureties, for his good behavior for such period, not exceeding one year, as the Magistrate thinks fit.
Habitual Offenders (Section 110) : Habitual offender is one, who habitually commits or attempts to
commit or abets commission of offences. According to Sec. 110, when an Executive Magistrate receives
information that there is within his local jurisdiction, a person, who-
i)Is by habit Robbery, thief, house broker or Forger. (viii) Employees provident Fund Act,1952.
ii)Drugs and cosmetics Act, 1940
iii)Foreign exchange regulation Act,1973
iv)Untouchability Act,1955
v)The customs Act,1962
vi)The foreigners Act,1946
vii)Essential Commodities Act,1955
Q5.Discuss the procedures to be followed by criminal court in compelling the appearance of
person.

Process to compel Appearance section 61to 90.

Section 61 to 90 of the Crpc deals with procedure for compelling (securing the accused person) the
accused person before the court. They are as follows:-

1) Summons (Sec 61 to 69)

2) Warrant of Arrest (Sec70 to 81)
3) Proclamation and attachment of properties (sec82 to 86)
4) Other Processes (Sec87 to 89)

(1) Summons : It is a document issued from the office of a Court of justice calling upon the person to
whom it is directed to attend before a judge or officer of the Court. According to Section 61 of the code
of criminal procedure, every summons issued by a court under this Code shall be in writing, in duplicate,
signed by the presiding officer of such Court, or by such other officer as the High Court may, from time
to time by rule direct and shall bear this seal of the Court. According to Section 61 of the Code of
Criminal Procedure 1973 summons may be sent to - (a) The accused (b) A witness (c) A person to show
cause against some order, and (d) The person proceeded against under section 125 of the Code.

(2) Warrant: A warrant is a written order of a Magistrate giving official authority to arrest a suspected
criminal or accused person. The Code of Criminal Procedure does not define the expression warrant of
arrest but it is clear form the code that a warrant is an order address to a certain person to arrest the
accused, to take him into custody and bring him before the court issuing the warrant.

(3) Proclamation And attachment of properties: Proclamation and attachment (sec 82 )

If any Court has reason to believe (whether after taking evidence or not) that any person against
whom a warrant has been issued by it has absconded or is concealing himself so that such warrant
cannot be executed, such Court may publish, a written proclamation requiring him to appear at a
specified place and at a specified time not less than thirty days from the date of publishing such
proclamation.
Attachment of property of person absconding.-(sec83), The Court issuing a proclamation under
Section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation,
order the attachment of any property. movable or immovable, or both, belonging to the proclaimed
person.

(4) Other Processes (Sec87 to 89):

i)Issue of warrant in lieu of or in additional to Summons (sec 87): A Court may, in any case in which
it is empowered by this Code to issue a summons for the appearance of arrest any person, issue, after
recording its reasons in writing, a warrant for his,
(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for
his appearance, the Court sees reason to believe that he has absconded or will not obey the summons ; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit
of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
ii)By talking bound with or without sureties (Sec 88-89)

a)Power to take bond for appearance(sec88): When any person for whose appearance or arrest the
officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court,
such officer may require such person to execute a bond, with or without sureties, for his appearance in
such Court, or any other Court to which the case may be transferred for trial.

b)Arrest on breach of bond for appearance(sec 89): When any person who is bound by any bond
taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may
issue a warrant directing that such person be arrested and produced before him.
Q6.Discuss the powers of court to release offenders on probating good behaviors.

The word „probation‟ has its origin in Latin word „probate‟ which means to prove or to test. In
this system the offender has to prove worthy of not being punished by his conduct. This concept has
developed gradually. Probation is a condition release of the offender of maintaining good behavior
during the period of probation. The probation can be applied to all kinds of offences yet it is generally
applied to offences which are not grave in nature and to only persons who are under the age of 21
years of age. But however with amendment of section 562 of Cr.P.C. by putting the words in all
suitable cases as the objective of this act is reformative and the criminals need reformation than the
punishment which is the main philosophy of this law.
POWERS OF COURT TO RELEASE CERTAIN OFFENDERS ON PROBATION OF GOOD
CONDUCT:

● When any person is found guilty of having committed an offence not punishable with
death or imprisonment for life and the court by which the person is found guilty is of the
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 after entering into a bond with or without sureties, to appear and receive
sentence when called upon during such period, not exceeding 3 years, as court may direct
and in the meantime to keep the peace and be of good behavior.
● The court shall release such offender unless it has not satisfied by the offender or his
surety and enters into a bond.
● Before making an order, the court shall take into consideration the report of the probation
officer concerned in relation to the case.
● When an order is made, the court may, if it is of the opinion that in the interest of the
offender and of the public it is expedient so to do, in addition pass a supervision order
directing that the offender shall remain under the supervision of the probation officer
named in the order during such period, not being less than one year. The supervision
order may impose such conditions as it deems necessary for the due supervision of the
offender.
● The court making a supervision order shall require the offender, before he is released, to
enter into a bond, with or without sureties, to observe the conditions specified in such
order and such additional conditions with respect to residence, absentation from
intoxicants or any other natter as the court may have regard to the particular
circumstances for preventing a repetition of the offence.
● The court making the supervision order shall explain to the offender the terms and
conditions of the order and shall forthwith furnish one copy of the supervision order to
each of the offenders, the sureties, if any, and the probation officers concerned.

CONCLUSION:
Under section 3 and 4 of the Act the court shall call for a report from the probation officer
and consider the report if any and other information available to it relating to the character
and mental conditions of the offender before releasing him.
Q7.Explain the Procedure to be followed by police officer when investigation could not be
completed with in 24 hours (Sec.167)

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

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or
has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such
custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no
jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may
order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that:-

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

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

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

(b) custody of the police under this section unless the accused is produced before him in person for the
first time and subsequently every time till the accused remains in the custody of the police, but the
Magistrate may extend further detention in judicial custody on production of the accused either in person
or through the medium of electronic video linkage.

(c)No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall
authorize detention in the custody of the police.

(3) A Magistrate authorizing under this section detention in the custody of the police shall record his
reasons for so doing.

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of
his order, with his reasons for making it to the Chief Judicial Magistrate.

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a
period of six months from the date on which the accused was arrested, the Magistrate shall make an order
stopping further investigation into the offence unless the officer making the investigation satisfies the
Magistrate that for special reasons and in the interest of justice the continuation of the investigation
beyond the period of six months is necessary.

(6) Where any order stopping further investigation into an offence has been made under sub-section (5),
the Sessions Judge may if he is satisfied, on an application made to him or otherwise, that further
investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct
further investigation to be made into the offence subject to such directions with regard to bail and other
matters as he may specify.
Q8.What is complaint? Explain the procedure to be followed by magistrate on receiving complaint.

*Examination of Complaint (Sec. 200):

Sec. 200 lays down provides for dismissal, the procedure for examination of complainant. It reads
as follows:
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant
and the witnesses present, if any, and the substance of such examination shall be reduced to writing and
shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the
complainant and the witnesses:
a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has
made the complaint.
b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under Sec.192.
According to Section 200 of the Code-Magistrate taking cognizance of the offence on
complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance
of the examination shall be reduced to writing and shall be signed by the complainant, and the
witnesses and also by the Magistrate.

Procedure by Magistrate not competent to take cognizance of the case (Section 201): Sec.201 lays
down the procedure, if the complaint is made to a Magistrate not competent to take cognizance of the
case. It reads as follows:

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

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to
that effect.
(b) if the complaint is not in writing, direct the complainant to the proper Court.

*Postponement of Issue of Process (Section 202): Sec.202 empowers the Magistrate, to postpone the
issue of process for compelling the attendance of the person complained against. It runs as follows:

1. Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance

or which has been made over to him under Sec. 192, may, if he thinks fit, and shall, in a case where the
accused is residing at a place beyond the area in which he exercises his jurisdiction.

2. In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses
on oath.

3. If an investigation under sub-section (1) is made by a person not being a police officer, he shall have
for that investigation all the powers conferred by this Code on an officer in charge of a police station
except the power to arrest without warrant.

*Dismissal of Complaint (Section 203): Section 203 provides for dismissal of complaint. It runs as
follows:
If, after considering the statements on oath (if any) of the complainant and of the witnesses and the
result of the inquiry or investigation (if any) under Sec.202, the Magistrate is of opinion that there is no
sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly
record his for so doing. reasons
Q9. DISCUSS THE CONSTITUTION AND POWERS OF JUVENILE JUSTICE BOARD?

The Act has been enacted with a view to introduce a uniform law relating to Juvenile justice for
due protection an care of children and juvenile adolescents who commit an offence. It also sets out
standard norms for the investigation and trial of juvenile offenders and to establish liaison with the
institutions associated with the welfare of juveniles also enacted in the Juvenile Justice(Care and
Protection of Children Amendment Act 2000 which is in accordance with Standard Rules laid down
by the United Nations for juveniles in conflict with law.
MEANING OF JUVENILE: means a person, who has not completed eighteenth year of age.
according to the Juvenile Justice(Care and Protection of Children Amendment Act 2000 Earlier Act
of 1986 a Juvenile meant a male juvenile who had not attained the age of 16 years, and a female
juvenile who had not attained the age of 18years.
MEANING OF JUVENILE IN CONFLICT WITH LAW: means a juvenile who is alleged to have
committed an offence and has not completed eighteenth years of age as on the date of commission of
such offence.

POWERS OF THE JUVENILE JUSTICE BOARD:

Constitution: The Juvenile Justice Board has been constituted for the inquiry and hearing in the case
of juvenile who is in conflict with law. It also lays down the qualifications for the appointments of the
members of the board and conditions for removal.
i) The state Government within a period of one year from the date of commencement of the
Juvenile Justice(Care and Protection of Children Amendment Act 2006 has by official Gazette, to
constitute for every district one or more Juvenile Justice Boards (JJB) for exercising the powers and
discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with
law.
ii) The Board shall consist of Metropolitan Magistrate or a judicial Magistrate of the First Class, as
the case may be, and two social workers of whom at one shall be a woman, forming a bench and
every bench shall have the powers conferred by the Code of Criminal procedure code.
iii) No Magistrate shall be appointed as a member of the Board unless he has special knowledge or
training in child psychology or child welfare and social worker shall be appointed as a member of the
Board unless he has been actively involved in health, education or welfare activities pertaining to
children for at least seven years.
iv)The term of office of the members of the Board and the manner in which such member may resign
shall be such as may be prescribed.
v)The appointment of any member of the Board may be terminated after holding an inquiry, by the
State Government,

Procedure in relation to Board:

● The Board shall meet at such times and shall observe such rules of procedure in regard to the
transaction of business at its meetings as may be prescribed.
● A child in conflict with law may be produced before an individual member of the Board ,
when the Board is not sitting.
● A Board may act notwithstanding the absence of any member of the Board and no order made
by the Board shall be invalid by reason only of the absence of any member during any stage
of proceedings:
● Provided that there shall be at least two members including the principal Magistrate present at
the time of final disposal of the case
● In the event of any difference of opinion among the members of the Board in the interim or
final disposition, the opinion of the majority shall prevail, but where there is no such majority,
the opinion of the principal Magistrate shall prevail.
Powers of Juvenile Justice Board:-
● Where a Board has been constituted for any district such board shall not withstanding
anything contained in any other law for the time being in force but save as otherwise
expressly provided in this Act, have power to deal exclusively with all the proceedings under
this Act relating to juvenile in conflict with law.
● The powers conferred on the Board by or under this Act may also be exercised by the High
Court and the Court of Session, when the proceedings comes before them in appeal, revision
or otherwise.
Q10.Explain the provisions of the crpc relating to limitation for taking cognizance of offences.

Meaning and definition (sec 467)

It is a general principle of law that, "time does not run against the crown". The object behind
fixing the period of limitation is to insist the parties to institute criminal proceedings within a stipulated
period so as to avoid complications problems. Therefore, the accused, who is brought before the court
may raise the preliminary plea that the criminal proceedings against him are barred by the period of
limitation prescribed by law.
*Bar of Limitation (Section 468): Section 468 trial and puts bar for taking cognizance of offence after
lapse of the period of limitation. It runs as follows:
1. Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of
the category specified in sub-section (2), after the expiry of the period of limitation.
2.period of limitation shall be:
(a) six months, if the offence is punishable with fine only.
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year.
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not
exceeding three years.
3. For the purposes of this section, the period of limitation, in relation to offences which may be tried
together, shall be determined with reference to the offence which is punishable with the more severe
punishment or, as the case may be, the most severe punishment.
*Commencement of the period of limitation (Section 469): Section 469 fixes the date from which
the period of limitation in relation to an offender shall commence.
1. The period of limitation, in relation to an offender, shall commence.
(a) on the date of the offence;
(b) where the commission of the offence was not known to the person aggrieved by the offence or to
any police officer, the first day on which such offence comes to the knowledge of such person or to any
police officer, whichever is earlier.
(c) where it is not known by whom the offence was committed the first day on which the identity of the
offender is known to the person aggrieved by the offence or to the police officer making investigation
into the offence, whichever is earlier.
2. In computing the said period, the day from which such period is to be computed shall be excluded.
*Exclusion of time in certain cases (Section 470):Provides for the exclusion of time in certain cases.
It runs as follows:-
1. In computing the period of limitation, the time during which any person has been prosecuting with
due diligence another prosecution, whether in Court of first instance.
2.Where the institution of the prosecution in respect of an offence has been stayed by an injunction or
order, then, in computing the period of limitation, the period of the continuance of the injunction or
order, the day on which it was issued or made, and the day on which it was withdrawn, shall be
excluded.
3. where, under any law for the time being in force, the previous consent or sanction of the Government
or any other authority is required for the institution of any prosecution for an offence.
4.In computing the period of limitation, the time during which the offender:
a) has been absent from India or from any territory outside India which is under the administration of
the Central Government, or
b) has avoided arrest by absconding or concealing himself, shall be excluded.
*Continuing Offence (Section 472): Sec. 472 deals with continuing offence. It reads as follows:-
In the case of a continuing offence, a fresh period of limitation shall begin to run at every
Moment of the time during which the offence continues.
*Extension of period of limitation in certain cases (Sec.473): Section 473 provides for extension of
period of limitation in certain cases. It reads as follows:
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may
take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts
and in the circumstances of the case that the delay has been properly explained or that it is necessary so
to do in the interests of justice.
 Q11. Maintenance of wives, Children and Parents

Introduction: The term maintenance' has been used in a wide sense. It implies/imposes an obligation
to provide certain basic needs viz. food, clothing, shelter etc., without which a person cannot survive.
Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956 defines the term 'maintenance as it
includes (i) in all cases, provision for food, clothing, residence, education and medical attendance and
treatment; and (ii) in case of an unmarried daughter, it includes reasonable expenses of her marriage). It
is the duty of every person to maintain his wife, children and aged parents, who are unable to live on
their own.
Order for maintenance of wives, children and parents (Sec 125)

(1) any person having sufficient means neglects or refuses to maintain

(a) his wife, unable to maintain herself,
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself.
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where
such child is, by reason of any physical or mental abnormality or injury unable to maintain itself.
(d) his father or mother, unable to maintain himself or herself.

Persons entitled to maintenance under Sec. 125 Cr.P.C.

As stated above, the following persons are entitled to claim maintenance under Section 125(1).
1.Wife 2. Child 3. Parent(Father or Mother or Both)

1. WIFE: For the purpose of Sec. 125 Cr.P.C. wife means a legitimate wife or legally wedded wife. It
also includes divorced wife till she gets remarried. Sec. 125 Cr.P.C. is a special provision and it is
applicable to the married women of all religions.
A Hindu married woman, who has been separated from her husband on reasonable cause, is entitled
to claim maintenance under the following provisions, namely:
i. The Hindu Adoptions and Maintenance Act, 1956:
ii. The Hindu Marriage Act, 1955; and
iii. The Code of Criminal Procedure, 1973.
1. The Hindu Adoptions and Maintenance Act, 1956 : Section 18(1) and (2) of the Act provide for
maintenance. According to Section 18(2), a Hindu married woman, having sufficient means also is
entitled to maintenance from her husband.
2. The Hindu Marriage Act, 1955: According to Sections 24 and 25 of the Act, either of the spouses
(i.e. either wife or husband) not having sufficient means to live on her/his own is entitled to claim
maintenance from the other source.
3. The Code of Criminal Procedure, 1973 : Section 125 of the Code of Criminal Procedure, 1973,
confers on married woman of any religion, right to claim maintenance from her husband, if he neglects or
refuses to maintain her without any reasonable cause. It is a special provision and provides for speedy
relief.
2 CHILDREN/CHILD
According to Sec. 125 Crpc children are entitled to maintenance. The word 'Child' is not defined
in the Code. It means a child below 18 years unable to maintain himself/herself by virtual reason of
physical or mental abnormality and need not necessarily be a minor. For the purpose of invoking relief
under the section. child includes:
(i)a minor child whether legitimate or illegitimate;
(ii)an unmarried daughter of any age;
(iii)a married minor daughter; and
(iv) a son or daughter of any age, who suffers from physical or mental disability.
3.PARENT (FATHER OR MOTHER)
It is a social and pious obligation to maintain parents. A father or mother, unable to maintain
himself/herself is entitled to claim maintenance from his/her son.
The expression father or mother includes adoptive father or adoptive mother, and does not
include step father or step mother. Where there are two or more children, the parents may claim
maintenance from one of them or all of them.
Q12. WHAT IS ARREST? STATE THE CIRCUMSTANCES UNDER WHICH A PERSON
CAN BE ARRESTED WITHOUT WARRANT.

INTRODUCTION: Arrest is a very important process in the code as it ensures the presence of the
accused at the trial. Section 41 to 60 of the CRPC lays down the provisions relating to Arrest of
Persons. This section empowers a police officer to arrest a person and not a private person.
MEANING:“Every compulsion or physical restraint is not arrest but when the restraint is total and
deprivation of liberty is complete, that would amount to arrest”. The expression “Arrest” literally
means “Deprivation of personal liberty by legal authority. An arrest implies the actual seizure or
touching of the person with a view to keep him in detention.
TYPES OF ARREST:
1.Arrest with warrant 2.Arrest without warrant
*ARREST WITH WARRANT : means which may be issued by a Magistrate after taking
cognizance of the offence whether cognizable or non-cognizable . If the offence is cognizable,
the police can arrest without warrant. The purpose of warrant is to cause the accused to appear
before the court. The Magistrate issues warrant, when he has reason to believe that the
accused has absconded or would not obey the summons. Cognizance of any offence can be
taken by a magistrate not only upon a police report but also upon receiving complaint or upon
information received from any person other than a police officer or upon the knowledge of
the magistrate himself. In such cases or where the cognizance has been taken on a police
report in respect of a non-cognizable offence, the magistrate may issue a warrant of arrest in
accordance with the above mentioned rules.
*ARREST WITHOUT WARRANT: Generally a person shall be arrested with a warrant.
However,
a person may be arrested without warrant because of the serious nature of circumstance and to
enable the police to discharge their duties effectively powers of arrest without warrant are
mainly conferred on the police. Arrest without warrant can be made under the following
circumstances:
a. Arrest without warrant by police (section 41,42 and 55)
b. Arrest by private person (Section 43)
c. Arrest by a Magistrate (Section 44)
i)Arrest without warrant by police (section 41,42 and 55):- Section 41 contains the
circumstances under which the police may arrest without warrant. Section 42 empowers the
police to arrest a person accused of committing a non-cognizable offence, who refused to
reveal his/her name and residence. Section 55 lays down the procedure to be followed by a
police officer, who deputes another officer subordinate to him to arrest a person without
warrant.
Powers of police to arrest a person without warrant under the following
circumstance:
1. If a person is actually concerned or reasonably suspected to be concerned in a
cognizable offence.
2. If he has committed or suspected to have committed an act outside India and the
act is punishable under IPC.
3. Against a requisition from another police officer competent to arrest him without
warrant.
4. Any person, who is deserter from any of the Armed forces of the Union.
5. Any person who is in possession without lawful excuse of any implemented of
House breaking.
6. Any person found in possession of any property suspected to be stolen.
7. Any person obstructing a police officer in the discharge of his duties.
8. Any person who has escaped from lawful custody.
9. If a person, in the presence of police officer is accused of committing a non-
cognizable offence and refuses to give his name and address.
10. When a police officer requires any officer subordinate to him to arrest without
warrant any person shall give such order in writing.
ii)Arrest by private person (Section 43):
 Every person has a duty to inform the police or the nearest Magistrate, the
commission of an offence. He can also arrest if the offender and handover him to the police.
According to Section 43(1) of the Code, a private person may arrest or cause to be arrested
any person-
1.If he commits a non-bailable and cognizable offence : or
2.If he is a proclaimed offender.
But he shall without any delay make over such person to a police officer or nearest police
station. The police officer may then rearrest the person so handed over to him.
iii)Arrest by Magistrate: Section 44:
Any Magistrate, whether judicial or executive may arrest a person within his
jurisdiction:
1.Any person who commits an offence in his local jurisdiction and his presence; or
2.Any person, for whose arrest, he is competent to issue a warrant.
A magistrate arresting a person under section 44(1) of the Code should not try the
case himself. The person so arrest by the Magistrate shall be produced within 24
hours before another Magistrate otherwise the arrest becomes illegal.

Q13.WHAT IS BAIL? EXPLAIN THE PROCEDURE REGARDING THE GRANTING

OF BAIL IN CASES OF BAILABLE AND NONBAILABLE OFFENCES.
MEANING OF BAIL: There is no definite definition of bail in the Code, although the terms bailable
offences and non- bailable offences have been defined. According to Law Lexicon Bail has been
defined as a security for the appearance of the accused on giving which he is released pending trial or
investigation.
In other words, bail is to procure the release of a person from legal custody, by undertaking
that he shall appear at the time and place designated and submit himself to the jurisdiction and
judgment of the court. In fact when a person is granted bail, he is deemed to be under the custody of
the court.
TYPES OF BAIL: There are three types of Bails. They are as follows:
1.Bail in Bailable Offences (Section 436)
2.Bail in Non Bailable Offences (Section-437)
3.Anticipatory Bail (Section-438)
CIRCUMSTANCES FOR GRANTING BAIL IN BAILABLE OFFENCES:
Bail in bailable offences is mandatory until and unless the arrestee has not complied with formalities
of the bail.

1. where the arrestee is not accused of no-bailable offence:

*It covers to all cases of persons accused of bail offences.
*Where a person has failed to comply with conditions of the bail as regards the time and place
of attendance, the court may refuse to release him on bail.
*Where a person has been released on bail by the police should seek fresh bail from the court.

2. Where the investigation is not completed within the time prescribed:-

*A person arrested without a warrant cannot be detained by the police for more than 24 hours
*If the police officers consider it necessary for detaining such person for a longer
*period for the purpose of investigation it can be done so only on special orders from the
magistrate under section 167.
*90 days where the investigation relates to an offence punishable with death, imprisonment
for life or imprisonment for term not less than ten years and Sixty days where the investigation
relates to any offence
*On the expiry of such periods as state above the accused person shall be released on bail if
he is prepared to and does furnish bail

3. Where no reasonable grounds exist for believing the accused guilt of non-bailable offence.
4. Where trial before magistrate not concluded within 60 days
5. Where no reasonable grounds exist for believing the accused guilty after conclusion of trial
before judgment.

PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES:

Granting of bail in non-bailable offences is the discretion of the court and it not mandatory.

1. The discretion has to be exercised according to the following rules and principles as laid
down by the Code and judicial decisions. Some of circumstances to be followed are as
follows:
● The enormity of charge,
● The nature of accusation,
● The severity of the punishment which the conviction will entail,
● The nature of the evidence in support of the accusation,
● The nature and gravity of the circumstances in which the offence is committed,
● The position and status of the accused with reference to the victim and the witnesses,
● The danger of witnesses being tampered with,
● The likelihood of accused fleeing from justice,
● Probability of the accused committing more offences,
● The protracted nature of the trial,
● The opportunity to the applicant for preparation of his defense and access to his counsel,
● The health, Age and sex of the accused person, etc.,

2. No bail in case of offence punishable with death or imprisonment for life.

3. Bail with conditions.
1.In order to ensure that such person shall attend in accordance with the conditions of
the bond executed.
 2.In order to ensure that such person shall not commit an offence similar to the
offence of which he is accused of or the commission of which he is suspected, and
3.That such person shall not directly or indirectly make any inducement, threat or
promise to any person aquatinted with the facts to the court or to any police officer or
tamper with the evidence.
4. Powers of the High court or court of session in granting bail.

Q14."For every distinct offense there is a separate charge and tried separately ".State the
exceptions if any. Or Explain the rules regarding joinder of charges.
Meaning of Charge : The term Charge literally means "accusation". It is the precise formulation of the
specific accusation made against a person, who is entitled to know its nature at the earliest stage. It
consists of a notification to the accused of the offence, which he is alleged to have committed, and which
he is required to plead.

Joinder of Charges: Where different offences are committed by the same person, he may be charged
with and tried at one trial for each such offence by virtue of Sections 219, 220 or 221. The offences may
be inquired into or tried by any court of competent jurisdiction. In other words, when person accused of
different charges (viz. robbery, grievous hurt and murder) is tried simultaneously for all the charges in a
single trial, it is called 'Joinder of Charges'. It is an exception to the Basic Rule.

Basic Rule (Sec.218) : Separate charges for distinct offences.

Sec.218 of the Code provides for basic rule, which envisages separate charge for each and every
offence of distinct nature. It runs as follows:
1. For every distinct offence of which any person is accused there shall be a separate charge, and every
such charge shall be tried separately.
2. Nothing in sub-section(1) shall affect the operation of the provisions of Sections 219, 220, 221 and
223.

Exceptions:
Strict compliance to the above basic rules results in certain problems via. multiplicity of
proceedings: waste of time, energy and money to accused etc. Therefore, the Code provides for certain
exceptions to the above rule, as follows:

1. Three offences of same kind [Sec 219]: According to Sec.219, when person is accused of
committing the same offence for not more than three times against the same or different person he may
be tried at one trial. It runs as follows:
i) When a person is accused of more offences than one of the same kind committed within the
space of twelve months from the first to the last of such offences, whether in respect of the same person
or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
ii) Offences are of the same kind when they are punishable with the same amount of punishment
under the same sanction of the Indian Penal Code (45 of 1860), or of any special or local law.

2.Trial for more than one offence.[Sec 220]:

i) In one series of acts so connected together as to form the same transaction, more offences than
one are committed by the same person, he may be charged with, and tried at one trial for every such
offence.
ii) When a person charged with one or more offences of criminal.
iii). breach of trust or dishonest misappropriation of property as provided in sub-section (2) of
Sec.212 or in sub-section (1) of Sec.219, is accused of committing, for the purpose of facilitating or
concealing the commission of that offence or those offences, one or more offense of falsification of
accounts, he may be charged with, and tried at one trial for, every such offence.
iv). If the acts alleged constitute an offence falling within two or more separate definitions of any
law in force for the time being by which offences are defined or punished, the person accused of them
may be charged with, and tried at one trial for each of such offences.
v) If several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute when combined a different offence, the person accused of them may be charged with,
and 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.
vi)Nothing contained in this section shall affect Sec. 71 of the Indian Penal Code (45 of 1860).

3.Where it is doubtful what offence has been committed.[Sec 221]:

i) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts
which can be proved will constitute, the accused may be charged with having committed all or any of
such offences, and any number of such charges may be tried at once ; or he may be charged in the
alternative with having committed sc me one of the said offences.
ii) If in such a case the accused is charged with one offence, and it appears in evidence that he committed
a different offence for which he might have been charged under the provisions of sub-section (1), he may
be convicted of the offence which he is shown to have committed, although he was not charged with it.

4.What persons may be charged jointly (Sec.223) : The basic rule under Section 218(1) is exempted
in respect of the following cases, and they may be tried jointly at one trial. Section 223 provides for the
exemptions:-
(a) Persons accused of the same offence committed in course of the same transaction.
(b) Persons accused of an offence and persons accused of abetment or an attempt to commit such offence.
(c) Persons accused of committing jointly more than one offence of the same kind (within the meaning of
Section 219 committed by them jointly) within 12 months.
(d) Persons accused of different offences committed in the course of the same transaction.
(e) Persons accused of an offence which includes theft, extortion, cheating, criminal misappropriation,
and persons accused of receiving or retaining of which is alleged to have been transferred by any such
offence committed by the first-named persons, or of abetment of, or attempting to commit any such
last-named offence.
(f) Persons accused of offences under Sections 411 and 414 of the Indian Penal Code (45 of 1860).