Name the courts in which offences are triable ?

CrPCChapter III
S. 26 : Courts by which offences are triable

Description
Subject to the other provisions of this Code,-
1. any offence under the Indian Penal Code (45 of 1860) may be tried by-
1. the High Court, or
2. the Court of Session, or
3. any other Court by which such offence is shown in the First Schedule
to be triable;

Provided that any offence under section 376, section 376A, section1
376AB, section 376B, section 376C, section 376D, section 376DA,
section 376DB or section 376E of the Indian Penal Code shall be tried
as far as practicable by a Court presided over by a woman.
2. any offence under any other law shall, when any Court is mentioned in this
behalf in such law, be tried by such Court and when no Court is so
mentioned, may be tried by.-
1. the High Court, or
2. any other Court by which such offence is shown in the First Schedule
to be triable.
1 Criminal Law (Amendment) Act, 2018
Q2. What are the various courts by which offenses are triable ?

In India, the Code of Criminal Procedure (CrPC), 1973 governs the classification of
courts and their jurisdiction to try various offences. The courts are classified based
on the seriousness of the offences they can try. Here's a list of the various courts
and the types of offences triable by each:
1. Supreme Court of India
• Jurisdiction:
o Appeals in criminal cases from High Courts.
o Constitutional and legal issues involving significant interpretation.
o Can grant special leave to appeal against decisions of any court in
India (under Article 136).
2. High Courts
• Jurisdiction:
o Appeals from Sessions Courts.
o Can try criminal cases under their original jurisdiction in rare cases.
o Revision applications against lower court decisions.
o Supervision over all lower courts in the state.
3. Sessions Courts
• Jurisdiction:
o Trial of serious offences (such as murder, rape, dacoity) which are
punishable with death, life imprisonment, or imprisonment for more
than 7 years.
o These courts are presided over by a Sessions Judge.
4. Chief Judicial Magistrate (CJM) Court
• Jurisdiction:
 o Offences punishable with imprisonment up to 7 years.
o Handles cases that are of a more serious nature compared to lower
magistrate courts but not grave enough for the Sessions Court.
5. Judicial Magistrate First Class (JMFC)
• Jurisdiction:
o Offences punishable with imprisonment up to 3 years or fine up to
₹10,000.
o Handles cases of moderate seriousness.
6. Judicial Magistrate Second Class
• Jurisdiction:
o Offences punishable with imprisonment up to 1 year or fine up to
₹5,000.
o Deals with petty and minor offences.
7. Executive Magistrates
• Jurisdiction:
o Handle cases related to preventive measures, law and order
maintenance, and public nuisances.
o They do not conduct trials for criminal offences but have powers
under specific provisions of the CrPC, such as granting bonds for good
behavior.
8. Special Courts
• Jurisdiction:
o These courts are created to handle specific types of cases, such as:
▪ POCSO Courts for cases involving the Protection of Children
from Sexual Offences (POCSO) Act.
▪ Anti-Corruption Courts for corruption-related cases.
 ▪ NIA Courts for cases involving terrorism-related offences
(National Investigation Agency).
o These courts are designated for expediting trials in such specific
areas.
9. Fast Track Courts
• Jurisdiction:
o Created to ensure the speedy trial of cases such as sexual offences,
crimes against women, and other specific types of offences.
o These courts are intended to reduce the backlog of cases and deliver
quicker justice.
10. Metropolitan Magistrate Courts
• Jurisdiction:
o These courts function in metropolitan areas (cities with a population
of more than 1 million).
o They handle relatively minor offences punishable with imprisonment
up to 3 years or fine up to ₹10,000.

Summary of Trial Jurisdiction:

• Serious Offences: Sessions Courts, High Courts, Supreme Court.
• Moderate Offences: Chief Judicial Magistrate Courts, Judicial Magistrate
First Class.
• Minor Offences: Judicial Magistrate Second Class, Executive Magistrates.
• Special Offences: Special Courts, Fast Track Courts.
The classification is based on the severity of the offence and the maximum
punishment prescribed for the crime under the law.
Q3. What is the difference between Executive magistrate and Special Executive
magistrate under section 14 and section 15 of BNSS ?
The main difference between an Executive Magistrate and a Special Executive
Magistrate under the Bharatiya Nagarik Suraksha Sanhita (BNSS) is that the State
Government can appoint a Special Executive Magistrate from the police force,
while an Executive Magistrate is appointed in other ways:
• Executive Magistrate
An Executive Magistrate is a government administrative official who is part of the
executive branch of the government.
• Special Executive Magistrate
The State Government can appoint a police officer who is not below the rank of a
Superintendent of Police or equivalent as a Special Executive Magistrate. The
State Government can appoint a Special Executive Magistrate for a specific area or
for a specific function. The State Government can also give the Special Executive
Magistrate the same powers as an Executive Magistrate.
1. Executive Magistrate (Section 14 of CrPC)
Role and Appointment:
• Under Section 14, Executive Magistrates are appointed by the State
Government in each district and metropolitan area.
• The District Magistrate (DM) is the chief Executive Magistrate, and other
Executive Magistrates are subordinate to the DM.
• Executive Magistrates are responsible for performing duties relating to
maintaining law and order, public peace, and preventive measures in their
respective jurisdictions.
Powers and Responsibilities:
• Executive Magistrates exercise preventive jurisdiction such as:
o Issuing orders under Section 144 of CrPC (to prevent public
disturbances).
o Handling security for keeping peace (Sections 106 to 110 of CrPC).
 o Resolving cases related to public nuisances and minor disputes in
their areas.
• Their powers are conferred to deal with general law and order situations
and preventive measures to maintain peace within the district or area.
Jurisdiction:
• Executive Magistrates exercise powers within their ordinary jurisdiction in
their respective areas or districts.

2. Special Executive Magistrate (Section 15 of CrPC)

Role and Appointment:
• Under Section 15, the State Government can appoint Special Executive
Magistrates for particular areas or purposes for a limited duration.
• These appointments are temporary and case-specific. The State
Government may designate Special Executive Magistrates to handle specific
situations where the involvement of an ordinary Executive Magistrate may
not be adequate or efficient.
Powers and Responsibilities:
• Special Executive Magistrates are appointed with specific duties or
functions for a limited time. For example:
o Managing special law and order situations (such as fairs, elections,
or large public gatherings).
o Handling extraordinary situations such as riot control, communal
violence, or other emergencies where additional executive oversight
is necessary.
o Their powers may be tailored or limited depending on the specific
purpose for which they are appointed.
Jurisdiction:
 • Their jurisdiction is limited to the area or the specific purpose for which
they are appointed, as notified by the State Government.
• Once the purpose is fulfilled, their designation as Special Executive
Magistrate ends.

Key Differences:
• Nature of Appointment:
o Executive Magistrate (Section 14): Permanently appointed for
general law and order in the district or metropolitan area.
o Special Executive Magistrate (Section 15): Appointed temporarily for
specific tasks or areas by the State Government.
• Scope of Power:
o Executive Magistrate: Has a general and permanent jurisdiction to
deal with preventive justice and law and order issues.
o Special Executive Magistrate: Limited to a particular task or a specific
situation and often operates for a short period.
• Duration:
o Executive Magistrate: Regular, ongoing duties.
o Special Executive Magistrate: Appointed temporarily, usually for
events or emergencies.
Q4. State the local jurisdiction of judicial magistrate under section 12 of BNS ?
The local jurisdiction of a Judicial Magistrate under the Bharatiya Nagarik Suraksha
Sanhita (BNSS) is the entire district, unless the Chief Judicial Magistrate defines a
different area
Under Section 12 of the Code of Criminal Procedure (CrPC), 1973, the local
jurisdiction of a Judicial Magistrate is defined, and it outlines how Judicial
Magistrates operate within specific territorial limits. This section refers to the
powers and appointment of Judicial Magistrates of the First Class and Second
Class, and the Chief Judicial Magistrate in each district.
Key Points on the Local Jurisdiction of Judicial Magistrates under Section 12:
1. Chief Judicial Magistrate (CJM):
• The Chief Judicial Magistrate is appointed by the High Court for each
district.
• The CJM has supervisory control over all other Judicial Magistrates in the
district.
• The local jurisdiction of the CJM extends throughout the district for which
they are appointed, meaning they can exercise their powers anywhere
within the entire district.
2. Judicial Magistrate of the First Class (JMFC):
• Judicial Magistrates of the First Class are appointed to deal with offences
that are punishable with imprisonment for a term not exceeding three
years or with a fine.
• The State Government, in consultation with the High Court, defines the
local area or territorial jurisdiction of the Judicial Magistrate of the First
Class.
• The local jurisdiction may cover specific areas, towns, or cities within a
district.
• The High Court or State Government can modify or extend the limits of the
local jurisdiction of these magistrates, based on administrative
requirements.
3. Judicial Magistrate of the Second Class:
• Judicial Magistrates of the Second Class handle more minor offences,
punishable with imprisonment not exceeding one year or with a fine.
• Similar to the Judicial Magistrate of the First Class, the State Government,
in consultation with the High Court, assigns the territorial jurisdiction for
Judicial Magistrates of the Second Class.
• Their jurisdiction is generally smaller and may cover specific areas or towns
within a district.
4. Appointment and Jurisdiction:
• The State Government specifies the territorial limits within which each
magistrate can exercise their powers.
• These magistrates can only hear and decide cases that occur within their
prescribed local jurisdiction unless otherwise directed by law.
Summary:
• Chief Judicial Magistrate: Jurisdiction extends over the entire district.
• Judicial Magistrates of the First Class: Jurisdiction limited to a specified
local area within the district, determined by the State Government in
consultation with the High Court.
• Judicial Magistrates of the Second Class: Similar to First Class Magistrates,
but their jurisdiction typically covers smaller, more specific areas for dealing
with minor offences.
The local jurisdiction of Judicial Magistrates is designed to ensure efficient
administration of justice, dividing responsibilities across various areas within a
district based on the severity of offences and the needs of the district.
Q5. Who is public prosecutor ?
In court, it is the Public Prosecutor who represents the interests of the State. The
role of the Prosecutor begins once the police has conducted the investigation and
filed the charge-sheet in the court. He/she has no role to play in the investigation.
A Public Prosecutor (PP) is a legal representative appointed by the government to
prosecute criminal cases on behalf of the State or public. Public Prosecutors play a
crucial role in the criminal justice system, representing the interest of society and
ensuring that justice is served by prosecuting offenders.
Key Features and Role of a Public Prosecutor:
1. Appointment:
• Public Prosecutors are appointed by the State Government or the Central
Government (in cases involving central agencies or laws).
• The appointment is made under Section 24 of the Code of Criminal
Procedure (CrPC), 1973.
• In each district, the State Government appoints a Public Prosecutor and
may also appoint one or more Additional Public Prosecutors.
• The Central Government appoints Public Prosecutors for cases handled by
central agencies such as the CBI (Central Bureau of Investigation).
2. Qualifications:
• To be eligible for appointment as a Public Prosecutor, a person must have
been practicing as an advocate for a minimum of seven years.
• The District Magistrate in consultation with the Sessions Judge prepares a
panel of advocates for appointment as Public Prosecutors.
3. Responsibilities and Role:
• A Public Prosecutor’s primary duty is to represent the State in criminal
trials. Since most criminal cases are considered as offences against society,
the State prosecutes the accused.
• Role in Criminal Proceedings:
 o Filing charges against the accused based on police investigations.
o Presenting evidence and witnesses to prove the guilt of the accused.
o Arguing cases in court in favor of the prosecution.
o Ensuring a fair trial by presenting facts and ensuring that justice is
served impartially.
o Assisting the court in arriving at the truth and making sure that the
trial adheres to the rule of law.
o Opposing bail pleas of the accused in serious cases, when required.
o Arguing for the appropriate punishment or sentence in the event of
conviction.
4. Types of Public Prosecutors:
• Public Prosecutor (PP): Appointed in each district to handle prosecution in
Sessions Courts and other relevant courts.
• Additional Public Prosecutor: Assists the Public Prosecutor and may be
assigned additional responsibilities in high caseload districts.
• Special Public Prosecutor (SPP): Appointed for special cases or for cases
requiring particular expertise (e.g., terrorism, financial crimes). The
government appoints SPPs to handle cases under specific acts like the
Prevention of Corruption Act, Narcotics, etc.
• Assistant Public Prosecutor (APP): Appointed to prosecute cases in
Magistrate’s Courts. They typically handle less serious criminal cases.
5. Independence and Neutrality:
• A Public Prosecutor is expected to act with complete impartiality and
fairness.
• The Supreme Court of India has repeatedly emphasized that a Public
Prosecutor’s role is not just to secure a conviction, but to ensure that justice
is served.
 • They are required to assist the court in determining the truth and not to act
as an advocate for one side, like a defense lawyer. Their role is to act in the
public interest.
6. Distinction Between Public Prosecutor and Private Lawyer:
• A Public Prosecutor represents the State and is responsible for prosecuting
the accused, while a defense lawyer or private lawyer represents the
accused or private parties in a criminal case.
• Public Prosecutors are not concerned with private interests; their main
objective is to seek justice on behalf of society.
Conclusion:
In summary, a Public Prosecutor is a key official in the legal system tasked with
ensuring that criminal cases are prosecuted fairly and justly. They play an
essential role in upholding the rule of law, and their actions must be fair,
impartial, and aimed at securing justice for society as a whole.
Q6.What is proclamation and when can proclamation be issued ?
A proclamation is a legal order issued by a court to compel the appearance of an
accused person who is absconding or evading arrest. When an accused person
cannot be found after a warrant of arrest has been issued, a proclamation is a
method by which the court publicly declares the accused as an absconder and
orders them to appear before the court.
Proclamation under the Code of Criminal Procedure (CrPC), 1973:
The legal provisions for issuing a proclamation are laid down in Section 82 of the
CrPC.
1. What is Proclamation?
• A proclamation is a public announcement or order by a court, requiring an
accused person to appear before it within a specified time.
• It is issued when a person against whom a warrant has been issued is
absconding or concealing themselves so that the warrant cannot be
executed.
2. Conditions for Issuing a Proclamation (Section 82 of CrPC):
A court can issue a proclamation when the following conditions are met:
1. Failure to Execute a Warrant:
o A proclamation can only be issued if a warrant of arrest has already
been issued against the person.
o Despite reasonable efforts by the police or authorities, the warrant
cannot be executed because the person is absconding or evading
arrest.
2. Absconding or Concealment:
o The court must be satisfied that the person is absconding or
concealing themselves to avoid arrest or appearance before the
court.
o Absconding means deliberately avoiding arrest, often by leaving the
jurisdiction or hiding.
3. Process of Issuing a Proclamation:
• Public Declaration:
o The proclamation must be published publicly in such a manner that it
is likely to reach the accused. This usually involves:
▪ Affixing a copy of the proclamation at the accused's last known
residence.
▪ Affixing a copy of the proclamation in a conspicuous place in
the court that issued the proclamation.
▪ In some cases, the proclamation may also be published in local
newspapers or by other means to ensure that it comes to the
notice of the absconding person.
• Time Frame:
o The proclamation must specify a time period (which must be not less
than 30 days) within which the accused must appear before the
court.
4. Consequences of Non-compliance:
If the person fails to appear in court within the time specified in the proclamation,
the following actions may be taken:
• Attachment of Property (Section 83 of CrPC):
o The court may order the attachment (seizure) of the person’s
movable or immovable property.
o This attachment is a form of securing the appearance of the
absconding accused.
• Declaration as a Proclaimed Offender:
o If the person continues to abscond, the court may declare them a
proclaimed offender, which is a serious legal status that can have
significant consequences.
5. When Can a Proclamation Be Issued?
A proclamation can be issued under the following circumstances:
1. Non-execution of a Warrant:
o The primary requirement is that a warrant of arrest has already been
issued, and despite efforts, it could not be executed because the
accused is absconding or hiding.
2. Criminal Cases:
o Proclamations are typically issued in criminal cases where the
accused is avoiding arrest. These cases include serious offences
where the court deems it necessary to compel the accused's
appearance.
3. Cases of National Importance:
o Proclamations are also used in cases of national security, terrorism,
and other serious offences to compel the appearance of persons
accused of such crimes.
6. Purpose of Issuing a Proclamation:
The purpose of issuing a proclamation is:
• To compel the appearance of an absconding accused.
• To ensure that legal proceedings can continue even if the accused is
avoiding arrest or court appearance.
• To serve as a public notification that the person is evading justice and that
legal action is being taken against them.
Example of When a Proclamation Can Be Issued:
• If a court issues a warrant of arrest for a person accused of a crime like
murder, and the police are unable to execute the warrant because the
accused is hiding or has fled, the court may issue a proclamation under
Section 82 of CrPC. This would require the accused to appear within a
specified time or face further legal consequences like property attachment.
Q7. Explain the rights of a person when arrested ?
When a person is arrested, they are entitled to certain rights that are designed to
protect them from abuse of power by law enforcement and to ensure a fair legal
process. These rights are enshrined in various provisions of the Constitution of
India, the Code of Criminal Procedure (CrPC), 1973, and are upheld by the
Supreme Court of India through important judgments.
Rights of a Person When Arrested:

1. Right to be Informed of the Grounds of Arrest (Article 22 of the Constitution &

Section 50 of CrPC)
• As per Article 22(1) of the Constitution of India and Section 50 of the CrPC,
every arrested person has the right to be informed of the grounds or
reasons for their arrest.
• This must be communicated immediately and in a language the arrested
person understands.
• In cases of arrest without a warrant, the person must also be informed that
they have the right to seek bail.

2. Right to be Produced Before a Magistrate (Article 22(2) of the Constitution &

Section 57 of CrPC)
• Under Article 22(2) of the Constitution and Section 57 of the CrPC, any
arrested person must be produced before a Magistrate within 24 hours of
the arrest.
• This 24-hour period excludes the time necessary for the journey to the
magistrate's court.
• This ensures that a judicial authority reviews the legality of the arrest and
prevents unlawful detention.

3. Right to Silence
 • The right to silence is a fundamental principle in criminal law, derived from
the Fifth Amendment in the United States but recognized in India under
Article 20(3) of the Constitution, which states that an accused person
cannot be compelled to be a witness against themselves.
• The police cannot coerce the arrested person to make self-incriminating
statements.

4. Right to Consult a Lawyer (Article 22(1) of the Constitution & Section 41D of
CrPC)
• Every person who is arrested has the right to consult and be defended by a
legal practitioner of their choice as per Article 22(1) of the Constitution
and Section 41D of the CrPC.
• This ensures that the arrested person has access to legal advice and can
prepare their defense.

5. Right to Legal Aid (Section 304 of CrPC)

• If an arrested person cannot afford a lawyer, they have the right to free
legal aid. This is provided by the State Legal Services Authority under
Section 304 of the CrPC.
• The Supreme Court has also emphasized this right in several rulings,
ensuring that lack of financial means should not deprive a person of legal
representation.

6. Right to Inform a Relative or Friend (Section 50A of CrPC)

• Under Section 50A of the CrPC, the person making the arrest must inform
the family members, relatives, or friends of the arrested individual about
the arrest.
 • This right ensures that someone close to the arrested person is aware of
their whereabouts and can arrange legal representation or provide other
assistance.

7. Right to Medical Examination (Section 54 of CrPC)

• Section 54 of the CrPC gives an arrested person the right to demand a
medical examination by a registered medical practitioner.
• This is especially important if the arrested person has been subjected to
physical abuse or mistreatment by the police, as it provides documentation
of any injuries sustained during or after the arrest.
• The examination must be conducted at the time of arrest, and it may also
be conducted again at the request of the accused if they allege
mistreatment during detention.

8. Right to be Released on Bail for Bailable Offences (Section 50 of CrPC)

• If a person is arrested for a bailable offence, they have the right to be
released on bail as per Section 50 of the CrPC.
• The police are required to inform the arrested person of their right to bail
and allow them to arrange for bail bonds.
• For non-bailable offences, bail is at the discretion of the court, and the
person must apply for bail before a magistrate or higher court.

9. Right Against Arbitrary Arrest and Detention (Article 21 of the Constitution)

• Article 21 of the Constitution guarantees the right to life and personal
liberty and protects individuals from arbitrary arrest and detention.
• This right ensures that arrests are made according to due process of law,
and any arrest that violates these principles can be challenged as unlawful.
10. Right to Compensation for Unlawful Arrest or Detention
• The Supreme Court of India has, in several landmark cases, held that
individuals who are unlawfully detained or falsely arrested have the right to
claim compensation from the authorities.
• This right is grounded in the constitutional guarantee of personal liberty
under Article 21.

11. Right Against Handcuffing

• In several cases, including the landmark judgment of Prem Shankar Shukla
v. Delhi Administration (1980), the Supreme Court has ruled that
handcuffing an arrested person is unconstitutional unless there is a clear
danger of escape or violence, and only after judicial approval.
• Handcuffing without proper justification is considered a violation of human
dignity.

12. Right Against Torture and Inhuman Treatment

• Torture, inhumane treatment, or coercion during arrest or in custody is
prohibited by law.
• Section 330 and Section 331 of the Indian Penal Code (IPC) provide
punishment for anyone (including law enforcement officers) who causes
harm to a person in custody.
• India is also a signatory to the United Nations Convention against Torture,
although it has not yet been ratified.

Conclusion:
These rights are designed to ensure that the arresting authorities respect the law
and do not abuse their power. They serve as a safeguard for the individual's
liberty and dignity, ensuring that arrests are carried out in accordance with legal
procedures and that the arrested person is treated fairly.
Q8. Explain difference between Bail and Anticipatory bail ?
The terms bail and anticipatory bail refer to legal mechanisms through which a
person accused of a crime can avoid detention, but they are different in terms of
timing, purpose, and the procedure involved. Here's a detailed explanation of the
differences:
1. Definition:
• Bail:
o Bail is the release of an accused person from police custody or
judicial custody (after arrest) on the condition that they will appear in
court for their trial or investigation as required.
o It is granted after a person has been arrested.
• Anticipatory Bail:
o Anticipatory bail is a provision that allows a person to seek bail in
anticipation of being arrested for a non-bailable offence. It means the
person is seeking protection from arrest before an arrest takes place.
o It is granted before the person is arrested, typically when they fear
that they may be arrested on false charges or in a situation where
they might be implicated.

2. Legal Provisions:
• Bail:
o Bail is governed under Sections 436 to 450 of the Code of Criminal
Procedure (CrPC), 1973.
o It applies when a person is already in police custody or judicial
custody and seeks release.
• Anticipatory Bail:
o Anticipatory bail is granted under Section 438 of the CrPC.
o It is a pre-arrest bail and can be sought before any arrest is made.
3. Purpose:
• Bail:
o The purpose of bail is to allow the accused person to remain free
while awaiting their trial or investigation, instead of being held in
detention.
o It ensures that the person attends all court proceedings without
being kept in custody.
• Anticipatory Bail:
o The purpose of anticipatory bail is to protect an individual’s liberty
from being compromised due to an arrest that they fear may happen
on the basis of false charges or political vendetta.
o It is a safeguard against potential abuse of power by law
enforcement agencies.

4. When Can It Be Applied For?

• Bail:
o Bail is applied for after the arrest has been made.
o The accused can apply for bail immediately after being arrested and
produced before a magistrate.
• Anticipatory Bail:
o Anticipatory bail is applied for before the arrest, typically when a
person anticipates that they may be arrested in connection with a
non-bailable offence.
o It is preventive in nature and can be applied for if a person has a
genuine reason to believe they might be arrested.
5. Who Grants It?
• Bail:
o Bail can be granted by police officers (in case of bailable offences) or
courts (Judicial Magistrate, Sessions Court, or High Court) depending
on the seriousness of the offence.
• Anticipatory Bail:
o Anticipatory bail can only be granted by a Sessions Court or the High
Court.
o It cannot be granted by a magistrate or the police.

6. Conditions for Granting:

• Bail:
o Bail is generally granted based on the nature of the offence (bailable
or non-bailable), the severity of the crime, and factors like the
likelihood of absconding, interference with evidence, or threat to
witnesses.
• Anticipatory Bail:
o The court considers factors such as:
▪ The nature and gravity of the accusation.
▪ The likelihood that the applicant may flee.
▪ Whether the application for anticipatory bail is being made to
evade arrest in genuine cases or to avoid arrest on frivolous or
false charges.
▪ Past criminal record and the conduct of the accused.
▪ Interference with investigation or tampering with evidence.
 o If granted, the court may impose certain conditions, such as ensuring
the accused is available for interrogation or that they do not tamper
with evidence.

7. Types of Offences Involved:

• Bail:
o Bail can be granted in both bailable and non-bailable offences.
▪ In bailable offences, the accused has a right to bail.
▪ In non-bailable offences, bail is at the discretion of the court.
• Anticipatory Bail:
o Anticipatory bail is sought only in non-bailable offences, where the
police have the power to arrest without a warrant, and the accused
anticipates that they may be arrested.

8. Duration of Protection:
• Bail:
o Once granted, bail allows the accused to remain free during the
entire duration of the trial, unless it is revoked for some reason (e.g.,
violation of conditions).
• Anticipatory Bail:
o The duration of anticipatory bail may be limited or conditional,
depending on the court's order.
o It typically protects the person from arrest until the investigation is
completed, or until they are required to appear in court.

9. Revocation:
• Bail:
 o Bail can be revoked if the accused violates the conditions set by the
court or engages in unlawful behavior during the bail period.
• Anticipatory Bail:
o Anticipatory bail can also be cancelled if the court finds that the
accused is misusing the protection or interfering with the
investigation.

Summary of Differences:

Aspect Bail Anticipatory Bail

Legal Provision Sections 436-450 CrPC Section 438 CrPC

When Can It Be
After arrest Before arrest
Applied?

Police or Magistrate,
Who Grants It? Sessions Court, High Court
Sessions Court, High Court

Offence Bailable and Non-bailable Non-bailable offences only

Release from custody after Prevent arrest when one fears it

Purpose
arrest may happen

Can be revoked if conditions Can be revoked if conditions are

Revocation
are violated violated

Duration of Until the person is arrested or

During the trial
Protection further orders of the court

Conclusion:
• Bail is meant to release a person who is already in custody, allowing them
to remain free while their trial is pending.
• Anticipatory Bail, on the other hand, is meant to prevent a person from
being arrested in the first place, in cases where they have a reasonable fear
of being arrested for a non-bailable offence.
Q9. What is charge and when can alteration in charge be made ?
A charge in criminal law refers to the formal accusation made against an
individual, outlining the specific criminal offence they are alleged to have
committed. It serves as the basis for the prosecution and sets the framework for
the trial. Charges can be made in various forms, including written documents that
detail the offence and the relevant laws.
Key Aspects of a Charge:
1. Nature of the Charge:
o The charge must specify the nature of the offence, including relevant
details such as the time, place, and manner in which the crime was
committed.
o It should provide enough information to enable the accused to
prepare their defense.
2. Types of Charges:
o Bailable and Non-bailable Charges: Depending on the severity of the
crime, charges may be categorized as bailable (where the accused has
a right to bail) or non-bailable (where bail is not guaranteed).
o Cognizable and Non-cognizable Charges: Cognizable offences are
those for which a police officer can arrest without a warrant, while
non-cognizable offences require a warrant for arrest.
Alteration of Charge:
The alteration of charges refers to the modification or amendment of the original
charge made against an accused person. This can happen during the course of a
trial or before the trial begins.
When Can Alteration of Charge Be Made?
The alteration of charges can occur under the following circumstances:
1. Before the Trial Commences:
 o The prosecution or the court may modify the charges prior to the
commencement of the trial based on the facts and evidence
available.
o This could happen during the preliminary hearings, where the court
determines the sufficiency of the charges.
2. During the Trial:
o According to Section 216 of the Code of Criminal Procedure (CrPC), a
court may alter or add to the charges at any time before the
judgment is pronounced.
o The court can make alterations if it is satisfied that the change is
necessary for the purpose of justice and does not prejudice the
accused's defense.
o The prosecution must inform the accused of the alteration or
addition, allowing them to prepare their defense accordingly.
3. Circumstances Allowing Alteration:
o New evidence emerges that suggests a different charge may be more
appropriate.
o The court finds that the original charge was inaccurately framed or
needs clarification.
o The interests of justice demand that the charges be altered to reflect
the nature of the offence accurately.
4. Consent of the Accused:
o In some cases, if the accused consents to the alteration of charges,
the court may proceed with the modification.
o However, the accused must not be prejudiced or denied the
opportunity to defend themselves against the new charge.
Legal Provisions:
• Section 216 of the CrPC specifically addresses the alteration of charges. It
states:
 o “Any court may alter or add to any charge at any time before the
judgment is pronounced.”
o The court must ensure that such alteration does not adversely affect
the rights of the accused and that the accused is given an opportunity
to respond to the new or altered charge.
Conclusion:
A charge is a crucial component of the criminal justice process, laying the
foundation for the prosecution’s case against an accused individual. Alterations to
the charge can be made either before or during the trial, provided they serve the
interests of justice and do not prejudice the accused’s rights. The ability to alter
charges ensures flexibility within the legal system, allowing for adjustments based
on emerging evidence or circumstances surrounding the case.
Q.10. which court has power to transfer cases and appeals ?
In India, the Supreme Court has the power to transfer cases and appeals between
High Courts and Civil Courts in different states. The Supreme Court can also
transfer cases between Criminal Courts that are subordinate to different High
Courts.
The Supreme Court can transfer cases based on the following grounds:
• Expediency for justice
The Supreme Court can transfer cases if it believes that doing so is in the interest
of justice.
• Upholding justice and natural justice
The Supreme Court can transfer cases to uphold justice and natural justice.
• Safety of the petitioner
The Supreme Court can transfer cases if it believes that the petitioner's safety is at
risk.
• Fairness of the trial
The Supreme Court can transfer cases if it believes that the trial needs to be
expedited.
A party can apply to the Supreme Court for a case transfer, but the Supreme Court
has discretion over whether to entertain the application. The Supreme Court may
order the applicant to pay compensation if it dismisses the application and
believes it was frivolous or vexatious.