CS SHUBHAM MODI 8087676517
Offence: - section 2(n)
Any act or omission made punishable by any law for time being in force.
Men’s rea – guilty mind
Act will not be criminally punishable unless it is done with a guilty mind
Types of offence:-
1) Bailable: - offence which are shown as Bailable in first schedule.
2) Non Bailable: - other than Bailable.
3) Cognizable: - police officer have authority to arrest any person even without warrant
generally cognizable = non Bailable
4) Non cognizable: - police officer has no authority to arrest any person without warrant
generally non-cognizable = Bailable offence.
Bail: - section 436
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Temporary release of accused from legal custody and entrusting them to private custodian
becomes a surety to produce accused whenever needed.
Anticipatory bail: - section 438
Means grant of bail before arrest in connection with non Bailable offence. It is immunity
Feature:-
1. Available only in case of non Bailable offence
2. Granted before arrest
3. Can granted by high court or by session court.
4. Desecration of court.
5. An opposite of hearing to opposite party
6. No granting in case of Bailable offence
Complaint:-
➢ Any allegation made orally or in writing to magistrate with view to taking some action
against some person whether known or unknown has committed offence [does not
include police report.
➢ Any petition addressed to magistrate containing an allegation that offence has been
committed and ending with prayer is complaint.
Stages of Criminal Cases:-
1) Investigation:-
➢ Means collection of evidence and investigation of offence.
➢ It is done by police after investigation report submit to court.
Process consist following step:-
➢ Proceeding to spot.
➢ Ascertainment of facts and circumstances
➢ Discovery and arrest of suspected person.
➢ Objective is to collect the evidences.
2) Inquiry:-
➢ Conduct before trial after investigation.
➢ Conducted by court or by magistrate.
➢ Conducted to find out whether an offence committed by offender and whether he should
be put on trial or not.
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3) Trial:-
➢ It is a legal processing to decide about the guilty or innocent of accused.
➢ End result of trail is acquittal or conviction.
➢ Conducted by magistrate or court.
Power of Criminal Court:-
Court Fine Person
Supreme / high court Any amount Any no of years
including death sentence
Additional session judge Any amount Any no of years
including death sentence
but death sentence in
consolation of high
court
Assistant session judge Any amount Not more than 10 year
imprisonment
Chief judicial magistrate Any amount Not more than 7 year
imprisonment
Magistrate of 1st class Not more than Ru 10000 Not more than 3 year
imprisonment
Magistrate of 2nd class Not more than Ru 5000 Not more than 1-year
imprisonment
Punishment in lieu of fine (Section 30):-
➢ Original imprisonment for ¼th of total power of court impose
Person non-payment imprisonment
Arrest of a person:-
1) Prevention Arrest
➢ Arrest before committing crime
➢ Arrest by police officer with lawful authorities.
➢ No unreasonable detention.
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2) Non Private Arrest (Arrest without Warrant):-
➢ Cognizable offence.
➢ Housebreaking without any excuse or justification.
➢ Proclaimed as an offender.
➢ Committed any act outside India, which is punishable in India if committed in India.
➢ Person is imposition of stolen property.
➢ Obstruction to police officer.
➢ Deserted from armed force.
➢ Requisition has been received for cognizable offence from other police.
3) Arrest On Refusal To Give Name And Residence.
➢ If any person accused of committing a non-congnible offence doesn’t give his name ,
Residence, or gives name, residence which police feels to be false, he may be taken into
custody.
➢ Can’t be detained beyond 24 hours, send to magistrate if true name and address cannot
be ascertain.
4) Arrest by A Private Person:-
➢ Private person may arrest any person who in his person commits a non-Bailable or
cognizable offence. Who is proclaimed offender.
5) Arrest by Magistrate:-
➢ Magistrate may arrest any person who in his presence commits a non-Bailable offence.
Power is wider of magistrate as it can also issue an arrest warrant against any person.
6) Arrest of Person of Armed Force:-
➢ Armed person has committed any offence off duty then he can be arrested but not while
discharging his official duties.
Arrest How Made [Sec 46]:-
➢ Authorise a police officer or other person making an arrest to actually touch or confide
the body of a person be arrested.
Summon [sec 61]:-
➢ Summon is issued either for appearance or for producing a document or thing which may
be issued to an accused person or witness.
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Essential:-
1) Should be in writing.
2) Should be in duplicate.
3) Should be signed by presiding officer.
4) It should contain seal of court.
5) It should be clear and specific.
6) Mention exact day, date, time, of present.
7) Person should be ascertained.
8) Service of summons
Summon to be served to a person As per section 62, a summon to be served by a police
officer / an officer of court / other public servant if
practicable to served personally.
Summon on corporations As per section 63, a summon can be served on the
secretary / local manager, other principal officer of the
corporations.
Summons if the concerned As per section 65, a summon can be served to the male
person is not found adult of the family if the concerned person is not found.
If no one is found at the home or As per section 65, if no one is found at home then affix
household the duplicate copy of summon to conspicuous part of
the home or household where the summoned person
ordinarily resides.
Summon in case of Government A summon shall ordinarily be sent to the Head of Office
Employee in which such person is employed.
Warrant [sec 70]
➢ It is legal document issued by a judge or magistrate, which empowers a police officer to
make arrest, search or seize premise.
Requirements:-
1) Should be in writing.
2) Must be sealed.
3) Must be signed by presiding officer.
4) Must be given full name and description.
5) Must bear name and designation of person.
6) Must state the offence charged.
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Search warrant:-
Can be issued only in following cases
➢ When court has reason to believe that person summon to produce any document or
anything will not produce it.
➢ Were such document or thing is not known to the court to be in possession of any person.
➢ Where general inspection or search is necessary
Information to police:-
A. In case of cognizable cases :-
Information relating to any cognizable offence if given orally to officer in charge of police
station shall be recorded in writing and it is known as First Information Report (FIR).
In case cognizable case police may conduct investigation without order of magistrate.
B. Information in non-cognizable offence :-
Information given to officer relating to non-cognizable offence. He shall enter or cause to be
enter the substance of information in book kept by such officer.
Police has no authority to investigate a non-cognizable offence without order of magistrate.
Preventive Action of Police & their Power to Investigate
1) Preventive Action Taken By Police Officer.
2) Inspection of Weight and Measure.-
➢ Police officer in charge may without warrant may enter into any place within limit of such
station and conduct inspection or search weights, measuring instrument.
➢ It is only when he has reason to believe that there in such place weight, measures,
instrument are false.
➢ If he find, anything wrong then he may seize the same and give information to magistrate
having thee jurisdiction.
3) Power of magistrate in case of cognizable offence:-
➢ May conduct investigate even without order of magistrate
4) Search by warrant:-
➢ If any police officer in-charge refuse to record to any information given by person then
such person may apply to superintendent. If superintendent is satisfied may act inquiry
on same by himself or direct any subordinate.
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Cognizance of an offence by magistrate
➢ Receiving complaint of facts constituting such offence.
➢ Police report of such facts.
➢ Information received from other than police.
➢ Own knowledge that such offence has been committed.
1) Issuing Of Proclamation:-
➢ When warrant remain unexecuted court provides following remedies
➢ If court has reason to believe that any person ageist whom warrant is issued by it has
absconded or is concealing himself so that warrant cannot be executed.
➢ Then court may court publish written proclamation requiring him to appear at specific
time and place not less than 30 days from publishing proclamation.
2) Attachment of Property:-
➢ Object of attachment of property is not to punish him but to compel his appearance.
➢ Limitation :-
1. 6month – punishable with fine only.
2. 1 year – imprisonment not more than 1year.
3. 3 year – imprisonment not more than 3 year.
In case continuing offence, fresh period of limitation being to run at every movement during
which offence continues.
Commencement of Limitation Period:-
➢ Commencement of offence.
➢ Offence is not known, the date on which such offence come to knowledge.
➢ Offender is not known, first day on which offenders identity becomes known.
Extension If Court Satisfy:-
➢ Delay in proper explanation.
➢ It is necessary to do so in interest of justice.
Summary Trials:-
➢ Means speedy disposal of cases.
➢ Comparatively simple case.
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➢ Disposal at ones.
➢ Cases:-
1) Related to offence punishable with imprisonment up to 2 year.
2) Related to property value does not exceeding Ru 200
3) Theft of property amount not exceeding Ru. 200
4) Retaining of stolen the property of amounting up to Ru 200
5) Disposal of stolen property amount not exceeding Ru 200
➢ Authority to conduct :-
1) Chief judicial magistrate.
2) Metropolitan magistrate.
3) Magistrate if first class.
➢ All summary trial cases should follow summon case proceeding.
➢ Imprisonment under summary trail cases cannot exceed 3 months.
SELFNOTES.
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