Wits Guide to Kerala Law Entrance 2025 eee CHAPTER 3. CRIMINAL PROCEDURE CODE 1973, INTRODUCTION TO CRIMINAL PROCEDURE CODE There are two types of laws - Substantive Laws & Procedural laws. The Code of Criminal Procedure is a procedural law that prescribes the means of ‘enforcing rights or providing redress of wrongs and ‘comprises rules about jurisdiction, pleading and Practice, evidence, appeal, execution of judgments, representation of counsel, costs, and other matters. Procedural law is also known as remedial law or rules of Court. The Indian Criminal Procedure Code, 1973 (Cr. Pe.) came into force on Ist April 1974. It contains - 484 Sections - 37 ~ 2.Schedules which contains - - First Schedule - Nature of Offences Under the Indian Penal Code, 1860 and other laws. (it provides whether an offence is (1) bailable or non-bailable & (2) cognizable or non-cognizable.) - Second Schedule - 56 Forms Some important Definitions under the Act. Section 2(a) - Bailable Offence - means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force Section 2(a) - Non - Bailable Offence - means any other offence Bail is the conditional release of an arrested person on his promise to appear in Court when required. Chapter 33, Sections 436-450 deals with the provisions of Bail and Bond. Bailable offence is an offence for which an arrested person shall be given bail by the concerned authority. (either the Police or the Court), His right to claim bail is absolute and when he is prepared to give bail the court or the police as the case may be will be bound to ” release him on bail According to the First Schedule, an offence in order to be bailable would have to be an offence which is punishable with imprisonment for less than three years or with fine only. Non: Bailable offence is an offence for which an arrested person doesn't have the right to be released on bail. Only the Court can grant the bail at its discretion, subject to certain conditions provided under Section 437. According to the First Schedule, an offence in order to be non-bailable would have to be an offence which is punishable with more than 3 years. Section 2 (c) - Cognizable Offence - means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; Section 2(1) - Non-Cognizable Offence - means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant; Section 2(d) - Complaint - means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Inquiry - means every inquiry, than conducted under this Code bya Magistrate or Court; Section 2(h) - 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 main difference between inguiry and investigation is: *+ Inquiry is conducted by the Magistrate or the Court. It is NOT a Trial + Investigation is conducted by the Police officer for the purpose of ‘collecting evidence.‘egal Aptitude ction 2(n) - offence mea 5 made punishable by any lone ge? ctor omission Ww in force and includes any act sont, time being a. complaint may be made unde al ee on 20 of the Cattle trespass Act, 1871 (1 of 1871) Section 2) - Police Ri lice Report ~ m or forwarded by a police officer to a Magistrate under sub-section (2) of section 173, “vee Section 2(wa) - victim - means a i 8 a person who has suffered any loss or injury eaused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal hei Section 2(x) - warrant-case - means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; Section 6 establishes Criminal Courts. It provides for four classes of Criminal Courts in India i. Courts of Sessions ii, Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; iii, Judicial Magistrates of the second class; and iv, Executive Magistrates, “The Session Judges and Assistant Session Judges to a Court of Session are appointed by the High Court ‘The presiding officers of the Magistrate Courts are appointed by the High Court. ‘The Executive Magistrates to a District are appointed by the State Government. Among the Executive Magistrates, one of them is appointed as the District Magistrate.(Collector) Section 24 of the CrPc. provides for the appointment of Public Prosecutors. SENTENCES THAT THE COURTS CAN PASS. “The term sentence refers to punishment that was actually ordered or could be o criminal procedure. Section 28 provides for the sent Section 29 provides for the sent High Court wrdered by a trial court in ences which the High Court and Session Judges may pass. fences which the Magistrate Courts may pass. ‘Any Sentence authorised by law Sessions Judge/ Additional Sessions Judge “Assistant Sessions Judge “Any sentence authorised by law BUT sentence of Geath should be approved by the High Court. “A sentence of Imprisonment upto 10 years and fine. Chief Judicial Magistrate Court of a Magistrate of First Class Court ofa Magistrate of Second Class Pre-Trial Procedures The presence of the accused at the Trial is an important element of a fair trial, For compelling the presence of the accused at the Trial, the CrPc provides for a number of means. Chapter V, Section 41 of the CrPc provides for Situations where a Police can arrest without a warrant, Section 50 states that the arrested person should ‘A sentence of Imprisonment upto 7 years “A sentence of Imprisonment upto 3 years or fine upto Rs, 10,000/- or both. ‘A sentence of Imprisonment upto I year or fine upto Rs. 5,000/- or both, be informed of grounds of arrest and of right (0 bail. Section 57 makes it obliga! officer to produce the arreste Magistrate within 24 hours. tory on the Police .d person before the Summons Section 61 to 69 of th provisions relating to S he Code provides for the ‘ummons. A. summons is 98 — ed‘Writs’ Guide to Kerala Law Entrance 2023 issued by a Court directing @ person to appear before itself on a prescribed date and time for the ‘Thal. A dasti notice is required to be served by hand, ic, in person. It can be served by the party concerned (or by a person on his behalf) or by his advocate, An affidavit is generally required to be filed in the court regarding the manner of serving the dasti notice on the party concerned, Warrant of arrest Sections 70 to 81 of the Code provides for the provisions relating to Warrant of arrest. A warrant of arrest is issued by a Court directing a Police officer to arrest the person named in the warrant and to produce before the Court on a prescribed date and time for the trial. Proclamation and Attachment of property Section 82 to 86 of the Code empowers the Court to proclaim a person as an absconder and order the attachment of the property of the person absconding. Abscond means to leave hurriedly and secretly, typically to escape from custody or avoid arrest. ‘Search Warrants Sections 91 to 101 of the Code deals with Search Warrants. The Court can allow a Police officer to search the premises of a person for the purpose of collection of evidence Section 94 provides for Search of place suspected to contain stolen property, forged documents, ete MAINTENANCE * Maintenance - Section 125 of Criminal Procedure CodeMaintenance means providing someone with money, food, clothes and shelter. It is the natural duty of a man to provide these amenities to his wife, parents and children in the form of maintenance. + Under Indian Law the term ‘Maintenance’ is not defined. + Chapter IX of the Crpc provides for Maintenance + The concept is covered in India under Section 125 of the Crpc and the Personal Laws. + The main object of maintenance is to prevent homelessness & destitution. * Maintenance can be claimed either under the respective personal laws or it could be claimed > under section 125 of the Crpe, + Proceedings of Maintenance claimed ung, the CrPe are Civil in nature. + The proceeding itself is summary in nature, ‘Who is entitled to be maintained? ‘The three classes of people who are entitled , maintenance are 1. Wife who is unable to maintain herself, Il. Legitimate or Illegitimate Minor Child (Whether married or not) Or Legitimate or illegitimate Major child (not being a married daughter) who is unable to maintain itself by reason of any physical or mental abnormality or injury. Ill. Father or Mother MAINTENANCE OF PUBLIC ORDER & TRANQUILITY Unlawful Assembly - According to Section 141 of the Indian Penal Code, 1860, as assembly of five or more persons is designated an unlawful assembly if the common object of those persons is to commit acts mentioned in the section which can cause disturbance to public order and tranquility. Chapter X, Section 129 - 132 provides for means to disperse any unlawful assembly. Section 129 provides for Dispersal of assembly by use of civil force. Section 132 provides protection to executive ‘magistrates and other persons specified under the section against prosecution for acts done in good faith of dispersing the unlawful assembly. INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE FIR or FIRST INFORMATION REPORT An FIR (First Information Report) is the earliest form and the first information of a cognizable offence recorded by an officer-in-charge of a police station, ‘The word FIR is not used in CrPC however, ‘A% information given under sub-section (1) of sectio" 154 CrPC is commonly known as first information report (FIR)" Laws can be divided into two 1. Substantive Law 2. Adjective Law or Procedural LawLegal Aptitude substantive law establishes th obligations that govern people and one 224 it includes all laws of general wey ions applicability. specific procedural law establishes the which substantive law is ited ay ee by enforced, particularly ina court oflawe Examination of Witness by Police Section 161 of the CrPc empowers the police officer to examine witnesses, ‘The police officer may examine orally any perso The pai oer may rane rly ay pean circumstances of the case. ‘The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. Ifthe facts and circumstances are related to a sexual offence case, then it shall be recorded, by a woman police officer or any woman officer. ‘As per Section 162, Statements made to the Police in the course of an investigation shall not be signed by the person making it. The statement can be used to contradict the maker of the statement by the accused and by the Prosecution with the permission of the Court. Confessions Section 164 provides for recording of Confessions and Statements, Confessions can only be made to a Judicial Magistrate. The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him. ‘The Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. TYPES OF TRIAL IN INDIAN LEGAL SYSTEM [Epes of Trials in the Criminal Procedure Code, 3 ‘The word “trial” is not defined anywhere in the Criminal Procedure Code, however, it means a commonly understood stage of trial which begins after framing the charge and ends with the conviction or acquittal. ‘The trial of the accused in the Indian Criminal Law is divided through the punishments of the said committed offence. The Trial of the accu! for the offence committed by him is divided into four types. 1. Session Trial (Sec 225 - 237) - If the offence committed is punishable with more than seven years of imprisonment or Life. imprisonment or Death, the trial is to be conducted in a Sessions court after being committed or forwarded to the court by a magistrate. Warrant Trial (Sec 238-250)- Warrant case includes offence punishable with the death penalty, imprisonment for life and imprisonment exceeding two years. A trial in a warrant case begins either by filing an FIR in a Police Station or by filing it before a Magistrate. Summon Trial (251-259)- If the offence committed is punishable with less than two years of imprisonment, it is taken as a summons case. In respect of this offence, itis not necessary to frame charges. Summon is issued by the Magistrate to the accused under section 204(1) (a) of Cr-P.C, 1973. “Summon case” means a case relating to an offence, not being a warrant case. The procedure to deal with such matter provided in section 251 to 259 of Cr.P.C, 1973 which is not as serious/ formal as other trials (Session trial, warrant case instituted on the police report and warrant cases instituted otherwise than on police report). Summary Trial (260-265) Those trials in which cases are disposed of speedily with a simple procedure to follow and recording of such trialsaredonesummarily.In thistrial only small cases are taken in hand and complicated cases are reserved for summon and warrant trials. Legal Provisions for summary trial are given under Section 260-265 of CrPC., 1973. Section 315 - Accused person to be a Competent Witness ‘Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person together with him at the same trial, 100ON Writs’ Gulde to Kerala Law Entrance 2023 APPEALS UNDER CRPC Chapter 29, (8. 372- 394) deals with appeals, Section 372 provides that an appeal shall lie from any judgment or order of Criminal Court only as provided by the CrPc by any other law for the time being in force. Appeals on Conviction (Section 374) 1, Any person convicted on (a trial held by a High Court in its extraordinary original jurisdiction may appeal to the Supreme Court. (ii) atrial held by a. a Sessions Judge or b. an Additional Sessions Judge or ©. Any other Court in which a sentence of imprisonment for more than 7 years has been passed against him or any other person convicted at the same trial May appeal to the High Court. A person (A) convicted on a trial by a. A Metropolitan Magistrate or b. Assistant Sessions Judge or ¢. Magistrate of First Class or Second Class (B) Sentenced under Section 325 (C) an order or sentence has been passed under Section 360 by any Magistrate. ‘May appeal to the Court of Session. i ed under SEER: to 376F of IPC (Gexual fences) shall be disposed of within a period of six months from the date of filing, No Appeals (Section 375 & 376) “There shall be NO appeal in the following cases Case l- When an accused person has pleaded guilty and hhas been convicted on such plea. ‘There shall be no appeal - . If the conviction is by a High Court or b. If the Conviction is by a (i) Court of Session, (ii) Metropolitan Magistrate or Magistrate of the First Class or Second Class, except as to the extent or legality of the sentence, Case II - w 10) There shall be no appeal by a convicted person . c. Where High Court passes only , sentence of Imprisonment for a term NOT exceeding 6 months or fine Nor exceeding Rs. 1000/- or of both such imprisonment and fine. Where the Court of Session or a sentence of imprisonment for a term not exceeding 3 months or of fine not exceeding Rs. 200 or both. where a Magistrate of the first class passes only a sentence of fine not exceeding Rs, 100; or where, in a case tried summarily, Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding Rs. 200. inst conviction by High Court in certain cases (S. 379) Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. ‘Abatement of Appeals (S. 394) + Every other appeal under S, 377 or S. 378 shall finally abate on the DEATH of the ACCUSED. + Every other appeal under Chapter 29 (EXCEPT an APPEAL FROM A SENTENCE OF FINE) shall finally abate on the death of the appellant. REVISION (S. 397) Revision is the process of examination of an order ofa lower court by a higher court for rectifying any improper exercise of judicial power. ‘The term Revision is not defined inCrpC. Section 397 provides for Revision. ‘The High Court or any Sessions Judge is empowered to examine the record of any proceeding before any lower Criminal Court within its local jurisdiction for satisfying themselves + to the correctness, legality of propriety of any finding, sentence or order + to the regularity of any proceedings of such inferior courtse ap athe High Court and the Sess . empowered ions Judge is also + tosuspend the execution of tence or order. ANDY Se” + — direct the release of the ac i confinement on bail or tale - BAIL Chapter 33 of the Crpc deals with Bail Chapisine Sections 436t0450. so Bail means to procure the release of a person from legal custody by undertaking that he/she shall appear atthe time and place designated and submit him/herself to the jurisdiction and judgment of the Court. ‘The concept of bail means procurement of release from prison of a person awaiting trial or an appeal by the deposit of security to ensure his submission atthe required time to legal authority. ‘The monetary value of the security known as bail bond is set by the court having jurisdiction over the prisoner. ‘The primary purpose of bail in a criminal case are: + To relieve the accused of imprison- ment + To relieve the State of the burden of keeping him, pending the trial + Tokeep the accused constructively in the custody of the Court ‘The maximum period for which an under-trial prisoner can be detained Section 436A. provide that where an under trial prisoner other than the offence for which death has been prescribed as one of the punishments, has been under detention for a period extending to ane sureties. COMPOUNDABLE OFFENCES compromised. criminal offences. Compoundable offences are those that can be Section 320 of the CrPc. looks at compounding of offences. Compoundable offences are less serious Iis also provided that in no case the under trial be detained beyond the maximum perio imprisonment for which he can be convicted for the alleged offence Anticipatory Bail (S. 438) Where any person has a reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for 2 direction under this section that in the event such arrest he shall be released on bail and the court shall provide him anticipatory bail after taking into consideration the following factors, namely 1. the nature and gravity of the accusation. 2, the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence 3. the possibility of the applicant to flee from justice. 4. where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail. ‘Transit Bail or Transit Anticipatory Bail ‘Transit bail is a bail granted by a Court not having, jurisdiction over the place where offence was committed. ‘A transit anticipatory bail therefore is when a person is apprehending arrest by a police ofa State where he/she is presently situated. ‘Transit bail is not defined under Cpe. Itis a judge made law. NTO ROON DeLUh TPh UL a meLa eaten Non ~compoundable offences are the more serious offences in which the parties cannot compromise, All those offences, which are not mentioned in the list under section (320) of CrPc. are non compoundable offences. 102