CRPC

QUESTION PAPER 2

Q. 2 MARKS
1. Cognizable and Non- Cognizable offences
Cognizable offences
a. means an offence for which a police officer may, in accordance with the
First Schedule of code or under any other law, arrest without warrant or
authority issued by the Magistrate
b. Can investigate into such case without any orders or directions from the
Magistrate
c. police officer is under legal duty to exercise the above said power in
respect of cognizable offences;
Non- Cognizable Offences
a. Means an offence for which a police officer has no authority to arrest
without warrant;
b. PO - has neither the duty nor the power to investigate into such offence
without the authority given by a Magistrate
2. Search of arrested person-
a. Whenever arrested person cannot legally be admitted to bail, the police
officer making the arrest (or to whom the arrested person is made over
after arrest by a private person) may search a person, and place in safe
custody all articles, other than necessary wearing apparels, found upon
him.
b. A receipt showing the articles so seized shall be given to such a person.
c. The police’s failure to make out a recovery memo-an irregularity- was
however, held not vitiating the trial.
d. Where the arrested person is a woman, the search shall be made by
another woman with strict regard to decency.
Q. 5 MARKS
1. Circumstances where arrest of person is necessary
a. Who has been concerned in any cognizable offence such as murder, rape,
kidnapping, theft, etc.
b. Who has in possession, without, lawful excuse, of any house breaking weapon
or
c. Who has been proclaimed as an offender either under CrPC or by order of the
State Govt. or
d. Who is in possession of any stolen property or
e. Who obstructs a police officer while in the execution of his duty or who has
escaped, or attempts to escape, from lawful custody or
f. Who is reasonably suspected of being a deserter from any of the Armed
forces of the Union or
g. Who has been concerned in any law relating to extradition or
h. Who, being a released convict commits a breach of any rule made under sub-
section (5) of Section 356 CrPC or
2. In what ways law of crpc assumes special importance
a. It guarantees a fair trial in which no accused’s rights are violated or they
are unfairly rewarded.
b. Entire chapter of the Code is dedicated to the process of guaranteeing the
attendance of any person engaged in the case, including an accused or a
witness, by various methods such as summons, warrant, proclamation,
and property attachment.
c. The right to personal liberty is the foundation of criminal law, and no one
can be denied this right unless there are strong reasons to reject his
release.
d. The code applies to Supreme Court and High Court Magistrates and
Judges, as well as Police, Public Prosecutors, Defence Counsel, and
Correctional Services Workers.
e. It sets up the machinery for detecting crime, apprehending suspected
criminals, gathering evidence, determining the guilt or innocence of the
suspected person, and imposing suitable punishment on the guilty person.
The existing system has been beset by a number of issues, resulting in a
significant performance disparity on a constant basis. When we look at the
problems in today’s criminal justice system, we find the following:
a. Overcrowding in jails and other facilities; the domination of money and
power; an unholy relationship between criminal syndicates, politicians,
and law authorities; victim-ignorance; systemic corruption.
b. For a variety of reasons, Section 144 is regularly questioned.
c. It is claimed that the Executive Magistrate’s powers under the Section,
which are fully discretionary, can be utilised arbitrarily and with malicious
purposes.

3. Consequences of non-compliance with the provisions relating to

arrest:
1. A trial will not be void simply because the provisions relating to arrest have
not been fully complied with.
2. Though the illegality or irregularity in making an arrest would not vitiate the
trial of the arrested person, it would be quite material if such a person is
prosecuted on charge of resistance to or escape from lawful custody.
3. If the arrest is illegal, the person arrested can exercise the right of private
defence in accordance with, and subject to, the provisions contained in Sections
91-106 IPC.
4. If the public servant having the authority to make arrest, knowingly exercises
the authority in contravention of law and effects an illegal arrest, he can be
prosecuted for an offence under Section 220 IPC. Apart from this special
provision, any person who illegally arrests another is punishable under Section
342 IPC for wrongful confinement.
5. If the arrest is illegal, it is a tort of false imprisonment, and the arrested
person is entitled to claim damages from the person who made such an arrest.
6. It may be mentioned here that the provisions relating to arrest cannot be
bypassed by alleging that there was no arrest but only a informal detention.
Informal detention or restraint of any kind by the police is not is not authorized
by law.

5. When a Police Officer may arrest without warrant

Section 41 of the Cr.P.C. deals with the main situations when a police officer may
make an arrest without a warrant or without an order of a magistrate.
A Police Officer may arrest any person,
a. who commits any cognizable offence in the presence of that police officer.
b. Against whom
 Reasonable complaints are made or
 Credible information has been received or
 Reasonable suspicion exists
That he has committed an offence punishable with 3 to 7 years imprisonment of
either description with or without fine.
Provided that the police officer:
 Have reasons to believe that such person has committed the said offence
and
 Is satisfied that arrest is necessary
 to prevent further commission of offence; or
 for proper investigation; or
 to prevent tampering of evidences; or
 to prevent threat, inducement, etc. to witness; or
 To ensure his presence.
(b a) Against whom
 Reasonable complaints are made or
 Credible information has been received or
 Reasonable suspicion exists
That he has committed an offence punishable with more than 7 years
imprisonment of either description with or without fine or life imprisonment or
death sentence.
Provided that the police officer have reasons to believe that such person has
committed the said offence.
c. Who is a proclaimed offender
d. Who has or is suspected to have a stolen property in possession without a
lawful excuse.
e. Who:
  Obstructs an on-duty police officer; or
 Escapes or attempts to escape from legal custody.
f. Who is deserter from armed forces
g. Who Has
 Committed an offence outside the Indian Territory
 But if done in India, would have been punishable under any enactment
 Thus, subjected to Laws of extradition.
h.Who, being a released convict, breaches any rule stated under sub-section (5)
of section 356 of Cr.P.C.
Against whom a requisition (in which all the details of the offender to be arrested
are mention along with the cause of the arrest) has been made to this Police
officer by another Police officer, who is authorized to arrest that person without a
warrant.
NOTE - This is to be noted that if the Police Officer makes or does not make any
such arrest, he must record the reasons of his act in written.

Q. 10 MARKS
1. Circumstances in which search warrant may issued
Search warrant - written order which is issued by a Judge/ Magistrate or a Court
to a police officer or any other person authorizing them to conduct a search of a
person, location or vehicle for evidence of a crime and confiscate illegal evidence
of a crime.
The court in Kalinga Tubes Ltd. v. D. Suri and in many other cases has
cautioned the police officer to use search warrant with a little precaution and
care and do not abuse their power.
In the following circumstances and conditions a search warrant is
issued by a court:
The conditions under which a court may grant a search warrant are outlined in
Sections 93 to 98 of the Code.
Section 93:
Search of a document or item required by the court for an investigation,
trial, or other proceeding under the Code [S- 93]: states that the court may
issue a search warrant for a document or item required by the court for an
investigation, trial, or other proceeding under the Code if:
(a) Even after being served with a summons under Sections 91 or 92, the person
in possession of such a document or thing refuses to deliver it.
(b) when the court is unaware that the item or document is in anyone's
possession.
(c) When the court determines that widespread inspection is the only method
that will accomplish the goal,
 Only the District Magistrate or Chief Judicial Magistrate can issue a search
warrant if the item being searched is being held by a postal or telegraph
authority.

Section 94:
Search for stolen goods, forgeries, etc. [S- 94]: If a District Magistrate, Sub-
divisional District Magistrate, or Magistrate of First Class has reason to believe
that a location is being used for the sale or deposit of any stolen goods, or other
objectionable items listed under Section 94 (2), he may authorise any police
officer by way of a warrant to enter such location and conduct searches therein.

Section 95:
Search any premises where such a book or document is reasonably
suspected to be [S-95]: If any matter contained in any newspaper or book or
document is punishable under Section 124 A, Section 153A, Section 153B, or
Section 292 or Section 293 or Section 295A of the Indian Penal Code, and such
matter is declared forfeited by the State Government, the Magistrate may issue
a warrant authorising any police officer to search any premises where such a
book or document is reasonably suspected.

In case of Anand Chintamani Diglie v. State of Maharashtra, the State

government seized the book, "Mee Nathuram Godse Bolto ahe"(I am Nathuram
Godse speaking) in all of its forms, including the Gujarati translation, pursuant to
Section 95 on the grounds that its distribution would disturb public peace, foster
discord or feelings of animosity, hatred, or ill-will among various groups or
communities. However, the notification omitted the information that the State
Government used to support its position.
As a result, the Court determined that it did not comply with Section 95 (1) of
the Criminal Procedure Code. A simple reference to Sections 153-A and 295-A of
the I.P.C. in the notification was insufficient to protect it from the effects of
invalidity. The confiscation of the book was unlawful because the state
government had violated Section 95 by using its extra legal authority.
Section 97:
Search for people who have been wrongfully imprisoned [S-97]: This
section gives the District Magistrate, Sub-divisional Magistrate, and Magistrate of
First Class the authority to issue search warrants if they have cause to believe
that someone is imprisoned in such a way that their detention constitutes an
offence.

2. Procedure to be followed when investigation not completed within 24

hours
Section 167 deals with the procedure when investigation cannot be completed
within 24 hours. The object is to protect the accused from atrocities of the police
and to give the opportunity to the Magistrate to decide the question of further
custody, to facilitate the investigation, and no detention without trial.
For this purpose, it has been provided that the accused or arrested person
cannot be detained for more than 24 hours. Section 167 is attracted in the
following circumstances:

1. When the accused is arrested without a warrant and is detained by the

police officer in his custody.
2. More than 24 hours needed for an investigation.
3. There are grounds to believe that accusation or information against him is
well-founded.
4. The officer in charge of a police station or the investigating officer not
below the rank of sub-inspector forwards the accused for remand before
the Magistrate.
The judicial Magistrate to whom the accused is so forwarded may authorize the
detention of such person in such custody for a term not exceeding 15 days. If the
Magistrate does not have the jurisdiction to try the case and considers further
detention unnecessary then the accused shall be further forwarded to the
Magistrate having jurisdiction to try the case.
The Magistrate shall authorize the detention of the accused (but not in police
custody) if he has reasons and grounds to believe the necessity of doing so. But
in any situation, the Magistrate cannot order detention for a period exceeding:
1. 90 days, when the person is accused of an offence punishable with
imprisonment for a period not less than 10 years of imprisonment for life
or death.
2. 60 days, when accused of any other offence. And on the expiry of the
period of 60 days or 90 days, whatever the case may be, he shall be
released on bail if he is able to furnish sureties.
This period is to be calculated from the date of detention and not from
the date of arrest-
 If the Judicial Magistrate is absent, the Executive Magistrate or the
Metropolitan Magistrate on whom the powers of a Judicial Magistrate have
been conferred for the time being will act. The Executive Magistrate shall
order for detention for a period not exceeding 7 days. If further detention
is to be made, the accused shall be forwarded to the competent
Magistrate.
 If the order is given by any Magistrate other than the Chief Judicial
Magistrate, he shall forward a copy of his orders also stating the reasons
for making so, to the Chief Judicial Magistrate.
 In a Summons Case, if the investigation is not complete within 6 months,
the Magistrate is required to order to stop the investigation unless he has
reasons and grounds to believe that further investigation is necessary for
the interest of justice.
  If the Magistrate has ordered to stop the investigation and an application
is made to the Sessions judge against the order, then the session’s judge
is empowered under Section 167(6) to discard the order given by the
Magistrate under subsection 5, if reasonable grounds exist for doing so.
In the case-law of Nijamuddin Mohd. Bashir Khan v. State of Maharashtra
the accused had committed an offence under Section 366 read with Section 34
of the IPC. The Investigating Officer had failed to file a charge sheet for a period
of investigation of more than 60 days before the learned Magistrate. It was held
that if the punishment for the offence committed extends to a maximum of ten
years, then Section 167 (2) (a) (ii) of the Code of Criminal Procedure is
applicable. It said that if the investigation is not completed within a period of 60
days, then there shall be no extension of detention above that period.

Paper 1 (10 marks question)

1.Meaning and purpose of investigation and how investigation is

different from enquiry, trial and inquest.
Meaning and Purpose
The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal
procedure, Investigation includes all the proceedings under this Code for the
collection of evidence conducted by a police officer or by any person (other than
a Magistrate) who is authorised by a Magistrate in this behalf.
The investigation of an offence consists of:
1. Proceeding to the spot.
2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
5. Examination of persons concerned and reducing their statement to
writing.
6. Search and seizure of places and things respectively considered
necessary.
7. Formation of opinion as to whether there is a case for trial, and taking
necessary steps accordingly.
According to Section 2 (h) the objective behind investigation is “to collect the
evidence for prosecution”.
Investigation and Inquiry
Investigation has been defined under Section 2(h) of CrPC
 “Investigation” is to be conducted always by a police officer or any
authorized person (other than a Magistrate);
  Investigation includes all the proceedings under the Code for the collection
of evidence.
An inquiry is done either by a Magistrate or it is done by the Court but not by a
police official. Investigation differs from inquiry.
Section 2(g) - Inquiry includes every inquiry except for a trial conducted under
this Code that is done either by a Magistrate or by the Court. The inquiry relates
to the proceedings that are carried out by the Magistrate before a trial is done.
Object: The object of investigation is to collect the evidence related to the case,
whereas the object of inquiry is to determine the truth or falsity of certain facts
related to the offence, in order to take a further step.
Authority: An investigation is done by a Police Officer or by any person other
than a Court or a Magistrate, whereas inquiry must be done by a Magistrate or
Court.
Stage: Investigation is the first stage of any case and the Magistrate further
proceeds with an inquiry.
Commencement: Investigation commences after the FIR is lodged or a
complaint is made before a Magistrate, whereas Inquiry commences after the
complaint has been filed to a Magistrate.
Trial
 The Code not define the term trial. A trial is a judicial proceeding that ends
in either a conviction or acquittal but does not discharge anyone.
 “Trial” has not been defined in the Code. It means the judicial process in
accordance with law whereby the question of guilt or innocence of the
person accused of any offence is determined.
 Therefore, where a Magistrate or court conducts an inquiry for deciding as
to the guilt or innocence of any person accused of an offence, such an
inquiry is not just an “inquiry “but it termed as “trial”.
 But when such inquiry does not determine the guilt or innocence, this is
not trial but a inquiry only.

Inquest
The term ‘inquest’ has not been out rightly defined in the Code. The meaning of
inquest is to seek legal or judicial inquiry to ascertain the facts.
Under Section 174 of the Code, the police have been empowered to enquire and
report on cases of unnatural death. The first clause to the provision states that
when an officer-in-charge of a police station or some police officer who is
empowered by the State Government receives information that:
1. A person has committed suicide;
2. A person has been killed by another;
3. A person has been killed by an animal;
4. A person has been killed by machinery;
5. A person has been killed by an accident;
 6. A person has died under such circumstances which raise a reasonable
suspicion that some other person has committed an offence.
Under Section 174(2) of the Code, the report has to be signed by the
investigating police officer and other persons, including those who concur
therein. This report is then forwarded to the District Magistrate or the Sub-
Divisional Magistrate.
Under Section 174(4), the Magistrates have been listed down who are
empowered to conduct inquests.
1. Any District Magistrate;
2. Any Sub-Divisional Magistrate;
3. Any other Executive Magistrate
These Magistrates should be empowered to function in this capacity by, either
the State Government or the District Magistrate.
Under Section 175 of the Code, the police officer who is investigating may, by an
order in writing, summon two or more persons as mentioned above for the
purpose of conducting the said investigation. This shall include any person who
appears to be acquainted with the facts of the case. All such persons who are
summoned are bound to attend and truly answer all questions asked. They can
choose not to answer such questions which would have a tendency to expose
them to a criminal charge or a penalty or forfeiture.

2.Procedure to be followed on after completion of Investigation (s.169-

s.173)
On completion of the investigation, the following procedure is to be followed:
Release of accused when evidence is deficient
When there is not sufficient evidence and reasonable grounds to justify the
forwarding of the accused to the Magistrate, the police officer shall release him
on him executing a bond, with or without sureties, and may direct him to appear
before the magistrate when required.
Cases to be sent to Magistrate when evidence sufficient
When the police officer has sufficient evidence and reasonable grounds, he shall
forward the accused to the Magistrate, so that the Magistrate can take
cognizance of the offence and try the accused or commit him for trial. If the
offence is bailable, the accused shall be given security and be released on bail,
only to appear before the Magistrate when required, and for his day to day
attendance before the Magistrate.
Diary of proceedings in an investigation (section 172)
This section relates to the contents of a case diary, which every police officer
making an investigation has to maintain. The object of this section is to enable
the Magistrate to know what was the day to day information by a police officer
who was investigating the case. Oral statements of witnesses should not be
recorded in this case diary. This diary may be used at trial or inquiry, not as
evidence, but to assist the court in proceeding with the case.
Report of police on completion of the investigation
Final report of a police officer after the completion of the investigation is to be
sent to the Magistrate under Section 173. This report is generally called a
“Chargesheet” or “Challan”.
Where a superior officer has been appointed by the State government, the report
shall be sent by him to the Magistrate. And while the orders of the Magistrate are
pending, he shall direct further investigation to the officer in charge of the police
station.
If according to the police officer, a part of the statement in the report submitted
by him is not relevant, he shall request the Magistrate to exclude that part and
not consider it. Also, further investigation can be made even after the submission
of the report to the magistrate
Conclusion
An investigation is an extremely thorough process in criminal law and is done in
a procedure established by law.