liu of lmpotam Dor rinr and P'rimiple XXXI

UST O IMPORTANT
D0CTUNSANDPRINCIPLES l'age No.
Conurent and bnseutive lPunishment (Setion 3) 36
Fomal Auest (Setion 4)
Jana lalash1 (Setion 5) 56
4 Voice SampBe (Seion 53A)
Voice ldenificatrion Parade (Section 54A) to! 1 e"
(6. legal arrest is \Wrongful Confinement (Section 57) 34? 1Pr 63
Bench Warrant (Setion 70) 68
Mini Habeas Corpus (Section 97)
8.
h. Disclosure Mahazar (Scction 100) /)39-32) 22 HC 85
87
10. Recovery Mahazar (Scction 100) 87
11. Rukka (Section 154) 135
12. Zero FIR (Section 154) 135
13. Fundamental guidelines for FIR (Section 154) 135
14. Impact Statement (Section 154) 136
15. Station House Diary (Section 154) 137
16. Occurence Report (Section 157) 140
17. Preliminary Inquiry (Section 159) 141
18. Doctrine of ExclusionaryRule (Section 162) 144
19. Procedural safeguards to Record Confession (Section 164) 149
20. Substantive and Procedural Compliance (Section 164) 149
21. Letter of Request (Section 166A) 155
22. Default Bail (Section 167) 159
23. Case Diary (Section 172) 169
24. Supplementary Case Diary (Section 172) 170
25. Final Report (Section 173) 174
26. Distinction between Summary A, Band C (Section 173) 175
27. Inquest Report (Section 174) 176
28. First Commencement Test (Section 186) 182
29. Protest Petition (Section 173) (Refer to matter written in Section 200) 200
30. Sentence Bargaining (Section 265A) 241
31. Production Warrant (Section 267) 247
32. Autrefois acquit and Autrefois convict (Section 300) 264
33. FreeLegal Aid(Section 304)A. 39 266
34. Direct dialogue between the court and accused (Section 313) 275
35. Judex Damnatur cum nocens absolvitur (Section 319) 280
36. Black Warrant (Section 366) 322
37. Jail Appeals (Section 383) 332
38. Set off (Section 428) 355
39. Personal Recognizance (Section 436) 359
40. "No jail but Bail" (Section 437) 364
41. Quando lex aliquid alicui concedit, conceditur et id sine qua res 400
ipsa esse non potest (Section 482)
XXXII Overview ofcertainprovisions by Charts
OF COURTS
1. OVERVIEW OF HIERARCHY

Supreme Court

High Court

Court of Session (Section 9)

Sessions Judge Additional Sessions Judge

(Section 9)
(Section 9)

Assistant Sessions Judge

(Section 9)

Court of
Judicial/Metropolitan
(Section 11&16) Magistrate

Chief Judicial Magistrate &

Addiional Chief Judicial Magistrate Chief Metropolitan Magistrate &
(Section 12) Additional Chief Metropolitan Magistrate
(Section l7)

Judicial Magistrate
First Class Special Judicial
(Section 11) Magistrate13)
(Section
Metropolitan
Magistrate
Special Metropolitan
(Section 16) Magistrate
(Section 18)
Judicial Magistrate
Second Cass
(Section 11)
EXECUTIVE
District Magistrate (Addl.
(Section 20) D.M.)
Other
Executive Magistrates Special Executive Magistrare
(The Term 'special' is used in (Section 21)
contradistinaion o general, special to special kind of offences.)
try
 Overview ofcentain provisions by Charts XXXIII

2. QUALIFICATION OF THE PROSECUTORS

1. Director of Prosecution or Deputy-Diretor Worked atlcast ten ycars as an Advocare (10

ofProsecutor. ycars) |S. 25A(2))
2. Public Prosewutor or Additional Public 2. Worked atleast scven ycars as an Advocate (7
Prosecutor. ycars) |S. 24(7)|
3. Spaial Niblic Irosecutor. 3. Worked atleast ten years as an Advocate (10
years) |S. 24(8)|
4. Assistant ublic Prosecutor 4 As may beprescribed |S. 25)

3. POWER OF COURTS

1. High Court 1 Any sentence authorised by law. [S. 28(1)|

Session Judge and Additional Sesion Judge 2. Any sentence authorised by law, but sentence
of death is subject to the confirmation by the
High Court. (S. 28(2)]
3 Assistant Sesion Judge 3 Imprisonment upto 10 years or fine or of
both. [S. 28 (3)]
4 Chief Judicial Magistrate and Chief 4. Imprisonment upto 7years or fine or of
Metropolitan Magistrate both. [S. 29(1) &S. 29(4)]
ludicial Magistrare First Class and 5. Imprisonment upto years or fine upto
Metropolitan Magistrate 10,000 rupees or ofboth. [S. 29(2) &< 29(4)]
6. Judiial Magistrate Second Class 6. Imprisonment upto year or fine upto
5,000 rupees or ofboth. (S. 29(3)]
Special Judicial Magistrare/ Special7. Imprisonment upto 3 years or fine upto
Metropolitan Magistrate 10,000 rupees or ofboth. (S. 13(3)/S. 18(3)]

4. COMPARISON BETWEEN INQUIRY, INVESTIGATION, INQUEST AND TRIAL

Proceeding By Whom Objects & Nature Oath

1. Inquiry By Magistrate or Court Judicial determination of any Oath can be

question administered

2. Invesigaion By Police or by any For collectionofthe evidence Oath cannot be

authorised person (other administered
chan Magistrate)
3. Inquest (a) By Police u/s. 174 Ascertainment of cause of|Oath cannot be
death in case of suicide, administered
unnatural death, death
caused in commission of
crime
Oath can be
(b) By Magistrate uls. Ascertainment of cause of administered
176 death occurring in police
custody and in cases
mentioned above
4 Trial By Magistrate or Court Judicial determination of| Oath can be
guilt or innocence of accused administered
XXXIV Overview ofcertainprovisions byCharts
5. PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED IN THECOUDr

By issuing Summons By issuing By Issuing By attachment and

[Sec. 61-69) Warrant Proclamation Sale of Property
(Form 1 Schedule II) [Sec. 70-81] [Sec. 82] [Sec. 83-86]
If accused is present in the Court then by executing
bond for appearance (Sec. 88]
Arrest on breach of bond [Sec. 89)
With Warrant (Sec. 70-81, 87, 89)
Without Warrant (Sec. 41-43)
1 In all warrant cases [S. 204(1)(6) r/wS. 2(×)]
2.
1 By police officer [S. 4l and S. 42]
In summonscases also S. 87], ifnecessary 2
3. In breach ofbond for appearance [S. 89) By private person (S. 43]
3. By Magistrate (S.44]
6. MANNER OF SERVICE OF SUMMONS
Section On Whom How Add./Misc.
62 Any person By Police Officer or by any Officer Served person shall sign
of the Court or other Public a receipt on back of the
Servant
duplicate
63 Corporate Bodies and Secretary, Local Manager or other Shall be deemed to be
Societies Principal officer of the effected when the letter
Corporation; or letter sent by would arrive in ordinary
Registered post to the chief officer course of post
of the Corporation in India
64 When person cannot be Adult male member ofhis family Not on Servant because
found he is not a member of
family
65 Summons not served Substituted service. Affixation of
ws.62,63 or 64 Signature wlTu
one of the duplicates of the endorsement. Similar to
summons to conspicuous part of Order5 Rule 20, CPC.
the house.
66 Service on Government Head of the office in which such Such head of the office
Servant person is employed shall return it to che
Court under his
signature
67 Ourside Local Limits Ordinarily sent to magistrate
within whose jurisdiction the
person resides or is available or
present
69 Service of Summons on In addition to the issue of such Such summons shall be
WitNess summons, direct a copy of the served at che place where
summons to be served by registered Such witness ordinarily
post resides or carrics
business or personally
works for gain
 Overview ofcertain provisions by Charts
7. XXXV
INITIATION OFCRIMINAL CASE
Commission of an Offence

Cognizable Offence
Non Cognizable Offence

Registration of Refkusal to file

FIR by Oticer in
complain/Refusal to Filing of On arrest, bail can
change of PS.
[S. 154)
register FIR by Complaint against
the offender to
be granted by a
Police Officer as a
Oficer in charge
Magistratc matter of right
Non
registration
Complaint in writing Trial
of FIR by S.P. to Superintendent
of Police [S. 154(3)]

Court can Preliminary

order the Officer (S. 159] 8&&inquiry
issue
Magistrate Investigate Direct an investi in charge to summons, if the
can order
registration of
the case gation to be made by register FIR prima facie case
FIR. (S. 156(3) himself any Police Officer is made out
subordinate to him
Application
for bail

Investigation by Arrest of Application for Application for Initiation of

Oficer in charge an Accused anticipatory bail quashing FIR trial
of PS. [S. 156) [S. 41] before Court of before the High
Session or High Court [S. 482]
*See Nex Court [S. 438]
Appearance
Page before Magistrate
within 24 hours
(S. 57]

Police Custody Judicial Custody

(max 15 days) (max. 60/90 days)

Applicatíon Application for bail before:

for bail (0) Court of Session -on rejection
from Magistrate.
(i) High Court -on rejection
from Session Court.
Bail granted, Bail
(ii) Supreme Court -on rejection
Accused released refused from High Court.
 Overview of certainprovisions by
Chartt
Investigation154 S.Officer1731in charge
by
|S.

Upon completion of the

investigation,
has been nmadeprima facie case
out (S. |70)

has notUpon completinn fthe

Oicer
Bailable offene
in change
Non bailable offence inv(elsotsurigaebecftioni,Report|
madeprIma
farie hve
oItr|)
bailand take shall give
the ausd forseurity fom Oicer&in charge shall
appearance
betore Magistrate accused weapon to thefotward the
after taking
Magistrateto Magi
beforeSecurity appearstrate
Charge
from sheet to be filed ofwithin
the 60 days or 90
commission anoffence [S. 173(2)1days
Charge sheet filed
within stipulated time Charge sheet not filed
stipulated time i.e. 60 orwithin the
90 days

8.
Default bail [S. 167]
SECURITY FOR KEEPING THE
Section PEACE AND FOR
Provision GOOD BEHAVIOUR
Sec. 106
Security for keeping peace Court ofAuthority
on conviction Time period for Bond
Sec. 107 MagistrateSession/
First ClassJudicial Not
exceeding3 years
Security for
other caseskeeping peace
on
Executive Magistrate Not exceeding l year
Sec. 108
Security for good
behaviour from persons Executive Magistrate Not exceeding l year
disseminating seditious
matter
Sec. 109
Security for g0od
Executive Magistrate
behaviour
person
from suspected Not exceeding l year

Sec. 110
Security for good Executive Magistrate Not exceeding3years
behaviour from habitual
offender
 Orerien nf ornain prmriion by Chan XXXVII

9. TRIAL PROCESS AT GLANCE

Initiation of peeting by desc ribing charge or giving notice

Heaing the Submissions of the accused and prosecution

No suficient ground Suflicient ground

for posution for prosecution

Discharge (S. 22/239/245) Framing of charge |S. 228/240/246|

Plcads guilty Refuses to plead guilty

Conviction (S. 229/241/246(3)) Fix a date for prosecution

evidence [S. 230/242]

Prosecution Evidence (S. 231/242/244]

Statement of the Accused (S. 313]

Defence Evidence S. 233/243/2471

Conclusion of Arguments [S. 234]

Judgment [S. 235/248]

Acquittal [S. 235/248] Conviction [S. 235]|

Proceed u/s. 325 Proceed Hearing on

(not applicable in u/s. 360 question of sentence
Session trial) [S. 235(2)]

Sentence

Note
accused under section 313 before
1. After Prosecution Evidence, the Court is duty bound to examine the
taking 'Defence Evidence'.
2. In Session trial, accused can be acquitted at two stages:
[S. 232]
) After taking prosecution evidence but before defence evidence. 235]
evidence. [S.
(ü) Afer aking prosecution evidence as well as defence
 XXXVIII
Overview of certainprovisions by Charts
10. PLACE OF TRIAL AND INQUIRY
Section
Offences Place of Trial
Sec. 178
(a) Uncertainty as to
local
which an offenceareawAsin Court having jurisdiction over any of
local ateas such
commited
(b) Ofence ommitted artly in
one local area & partly in
anotherarea
Oence is a continuing one
and continues to be
commited in more than one
local areas
(d) Oence consist of several acts
done in different local areas
Sec. 179
Act is an offence by rcason of
thing which has been done and any
of a Court within whose local jurisdiction
consequence which has ensued
such thing has such consequence
been done has ensued
Sec. 180 Act is an offence by reason of its
relation to any other act which is
Court within whose local jurisdiction
either act was done
also an offence or which would be
an offence if the doer were
capable
of committing it
Sec. 181 (1) Offence of Dacoity, Dacoity Court within whose local jurisdiction
with murder, Belonging to
gang of dacoits, Being aThug,
Murder by a Thug, Escaping Offence was Where accused
committed was found
from Custody
(2) Kidnapping, Abduction Court within whose local jurisdiction
such person was kidnapped or abducted or
conveyed or concealed or detained.
(3) Theft, Extortion, Robbery Where offence was committed or
Stolen Property was

Possessed Received or Retained

(by person (by person who
committing) knows or has
reason to believe)
(4) Criminal Misappropriation Court within whose jurisdiction
or Criminal Breach of Trust such offence was committed or
Property

Received Retained
of
was to be

Returned Accounted for

 Overview ofenain provisionhy Chars XXXIX
Section Offences Place of rial
(5) Offence involving
possession Court within whose jurisliction
ofstolen property such offence was committed or
Stolen Property

Received Retained
Sc. 182 (1) Ofence of cheating by letters/Court within whose local jurisdiction such
telegram letters/telegrans were sent or received
(2) Offence of cheating and Court within whOse local juriscdiction the
dishonest inducement of property was delivered by the person
delivery of property deceived or was received by the accused
(3) Offence punishable under Court within whose jurisdiction
section 494 or 495 ofIPC
Offence was Offender last First wife's
committed resided with permanent
spouse of address
first marriage
Sec. 183 Offence committed in course of Court through or into whose local
journey or voyage jurisdiction that person or thing passed in
thecourse of that journey or voyage

1. LIMITATIONS ON THE POWER TO TAKE COGNIZANCE (Secs. 195-199)

Section 195 applies to

Contempt of Lawful Offences against Custodia Legis (Forgery

Authority Public Justice during Court Proceedings)

Criminal Conspiracy to commit/ Criminal Conspiracy to commit/

attempt/abetment to commit the same attempt/abetment to commit the same

Section 196 applies to

Offences under Sections Ofence of Criminal conspiracy

Ofences against State or
Offences under sections 153B,505(2) or 505(3) of IPC other than acriminal conspiracy
153A, 295A, 505(1) of IPC or Criminal Conspiracy to commit an offence punishable
pr Criminal Conspiracy of any of any of them with death, life imprisonment or
pf them or any such rigorous imprisonment for a
abetment term of 2 years or more
Permission of Central Sanction of Central
Government/State Government/ State Government or District
Government/State Magistrate had consented
Government
(as the
District Magistrate
(as the case may be)
case may be) in writing