CRPC/BNSS NOTES

Hierarchy of courts:

HC-any punishment
Sessions and additional sessions judge-any punishment, death permission by HC.
CJM-any punishment not above 7 years
JMFC-not more than 3 years, not above 50,000, community service
JMSC-not more than 1 year, not above 10,000, community service

Section 4-Trial of offences under BNSS:All offence shall be tried according to provisions of this
act.

Section 6 of BNSS-Following classes of courts shall be there-

1)Courts of session
2)JMFC(Judicial magistrate first class)
3)JMSC(Second class)
4)Executive magistrate

Section 7-Territorial divisions-

• talks about the territorial divisions and how it can altered by the State government with the
permission of the HC.
• Every State shall be a sessions division or shall consist of sessions divisions.
• Every sessions divisions shall be a district or consist of districts.

Section 8-Court of sessions

• State government to establish a sessions court for every sessions divisions.
• The sessions judge to be chosen by HC.
• HC may appoint Additional Sessions judge.
• HC may appoint sessions judge of one court to be the additional sessions judge of the court.
• If there is no sessions judge, any urgent application can be dealt by additional judge(HC
permission).
• The court to sit at place allocated by HC but if the accused and defence for the general
convenience of parties agree, then they can sit somewhere else.
• Sessions judge to allocate cases to additional judges.
• Sessions judge can also provide for a additional judge, or a CJM to handle a urgent application.
Under section 9 and 10 of CRPC.
Also, BNSS does not have mention for metropolitan magistrates like CRPC under section 8.
It also does not mention assistant sessions judge like CRPC.

Section 9-Courts of JM
• The state government in consultation with HC, shall built one or more courts of JMFC and JMSC.
Proviso-The State gov. with HC may allocate special courts for certain matters with JMFC and
JMSC, and then no other court except for these will have the jurisdiction to deal with those matters.
• The presiding officers to be appointed by HC.
• If necessary or expedient, the HC may declare JMFC or JMSC to be a civil judge.
Under section 11 of CRPC.
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Section 21-Courts by which offences are triable-
• Any offences under Bhartiya Nyaya Sanhita can be tried by HC, sessions court, or any court
under first schedule.
Proviso-sexual offences by women judge only.
• Any offences mentioned under any other law, shall be tried by court mentioned under it and if not
mentioned, then by HC or by court under first schedule.
Under section 26 of CRPC.

Section 22-Sentences which may be passed by HC & Sessions-

• HC judge can pass any sentence authorised by law.
• A sessions or additional sessions judge may pass any sentence but for death, permission by HC.
Under section 28 of CRPC.
CRPC under 28, mentions Assistant Judge, who can give punishments below 10 years.

Section 23-Punishments given by JMFC,JMSC,CJM.

CPRC under 29, JMFC could not give fines above 10,000 and JMSC could not give fines
above 5000.

Arrest how made-

DK basu v State of WB
Arnesh Kumar v. State of Bihar
Nalabathi Bahera v. State of Orissa

It can be made by-

1)Police
2)Private person
3)Magistrate

Section 43-Arrest How made-

• While making a arrest, a person or police shall touch or confine the accused unless there is
submission to custody by word.
Proviso-It shall be assumed that the women has given her oral consent for submission to custody
unless otherwise. Only a female officer shall arrest.
• If the person forcibly resists, police officer or person may use all means necessary.
• Police shall only handcuff for habitual offender, or someone who runs from custody, or someone
in for a heinous offence against the state or rape.
• This section does not give a right to cause the death of a person who is not accused of an offence
punishable with death or with imprisonment for life.
• Women shall not be arrested after sunset or sunrise. Otherwise permission from magistrate is
required along with a written report.

Under CRPC-Section 46

1)Arest by police:

Section 35-When police may arrest without warrant

(1)A police officer may arrest anyone without a warrant when-
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A)in presence of a police officer, a cognizable offence is committed.
B)Against whom an reasonable complaint has been made or credible information has been
received, or a reasonable suspicion exists, that he has committed a cognizable offence punishable
with less than 7 years or 7 years and fine, if following conditions are satisfied-
1. The police has reason to believe that such person has committed the offence.
2. Arrest is necessary(Arnesh Kumar checklist)-
• To prevent further offence.
• Proper investigation.
• Prevent tampering of evidence
• To prevent inducement from the offender to persons who know the facts of the case, as for
him to not disclose facts.
• As unless the person is arrested, he cannot be brought to the court.
The police shall write reasons for the same.
If not making arrest under this sub-section, still reasons are to be given.

C)When on credible information, the police has reason to believe the person has committed an
offence with imprisonment more than 7 years or with death sentence.
D)Someone who been proclaimed as an offender by state government or this act.
E)In whose possession a stolen property is found, and it may be reasonably suspected of having
committed a offence with reference to such thing.
F)Who obstructs a police officer in duty, or runs from custody.
G)Deserter from armed forces.
H)Someone who has been reasonably suspected to have committed an offence outside India, for
which he is also punishable in India.
I)Released convict for breach of rule.
J)For arrest, requisition has been received.
Proviso-Requisition to specify person and offence.

(2)No person in an non-cognizable offence shall be arrested except for order of magistrate.

(3)In all cases, where arrest no made under sub-section 1, the police shall send a notice directing
appearance of the person.

(4)When a notice is issued, person to comply.

(5)If person complies with notice, he need not be arrested unless police feels otherwise.

(6)Where such person fails to comply with the notice, he may be arrested with order of competent
court.

(7)No arrest to be made unless by prior permission of officer rank not below DSP, in case of
imprisonment less than 3 years and such person is infirm or is above sixty years of age.

Under CRPC, this is section 41. Under CRPC, sub-sections 3,4,5,6,7 are not there.

Arnesh Kumar v. State of Bihar(2014)-

Arnesh Kumar’s wife had filed false dowry allegations against him.(498A IPC)
He went for a anticipatory bail but it was denied by HC and sessions court.
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In an SLP to supreme court, directed the police to adhere to Section 41 of the Code of Criminal
Procedure, 1973, which provides a checklist to determine the necessity of an arrest. Additionally,
the court stated that a magistrate must assess whether a detained accused person should be kept in
further custody. This decision aimed to strike a balance between preventing misuse of the law and
protecting the rights of those accused.
The court issued directions to prevent unnecessary arrests by police officers and unwarranted
detention authorised by magistrates called as Arnesh Kumar Guildines and asked them to fulfil the
checklist under CRPC 41(1)(b)(ii).
This is now section 35(1)(b)(ii) under BNSS.

Section 36-Procedure of arrest and duties of police officer-

• Police should have accurate, visible and clear identification of name.
• A memo of arrest to be prepared, to be attested by a family member or a respectable member of
the locality. Secondly, to be signed by the person arrested.
• If the memo is not attested by a family member, the arrested person has a right to inform a
relative, friend or any person he wants too.
CRPC-41B

Nilabati Behera v. State of Orissa(1993)-One day, the petitioner’s son was arrested and next day,
he was found dead on the railway track, which was close to the police station. An unnatural death
case was registered, and in the post-mortem report several injuries by hard and blunt substances
were found.
She was aggrieved and filed a WP in the SC. She argued that the cause of death was custodial
violence. The state argued that death was because he escaped from lawful custody and was hit by
the train.The court held that Suman Behera’s death in police custody constituted a violation of his
right to life and personal liberty as guaranteed by Article 21 of the Indian Constitution. This
violation was established based on the evidence presented, including the post-mortem report
showing injuries on Suman Behera’s body and compensation was given to the mother.

DK Basu v. State of WB(1997)-DK Basu wrote a letter to the Supreme Court of India, bringing to
its attention news reports about deaths in police custody and lockups. In the letter, he highlighted
that such cases of custodial violence in WB and how they went unpunished, despite efforts made to
address the issue. The court took up this issue and asked all high courts to report on this. Looking at
the reports of all High courts, and the precedent of Nilabati Behera, reiterated that prisoners and
detainees should not be deprived of their Fundamental Rights under article 21. These guidelines
were incorporated in CRPC in 2008.
Guidlines-
1)Police while arresting should have proper name plates and uniform.(section 36,41B)
2)Arrest Memo to be maintained.(36,41B)
3)Case diary(Medical examination, arrest memo, FIR, Magistrate, Case number)
4)Nominated person-S 48/50A
5)Nominee Out of district-inform telephonically within 6-12 hours
6)Medical examination-when arrested and after 48 hours.
7)Police control room-Section 37/41C
8)Right to legal aid-Section 38/41D
9)Entire report to be submitted to magistrate

Section 37-Designated police officer-

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The state government shall
• establish a police control room in every district and at state level.
• designate a police officer in every district and in every police station, not below the rank of
Assistant Sub-Inspector of Police, to maintain names and addresses of the persons arrested,nature
of the offence with which charged, which shall be prominently displayed in any manner including
in digital mode in every police station and at the district headquarters.

CRPC-41C, Digital mode was not present under CRPC

Section 38-Right of an arrested person to an advocate-

Arrested person entitled to advocate of his own choice, except for the duration of the investigation.
CRPC-41D

Section 39-Arrest on refusal to give name and residence-

• When a person, in presence of a police officer commits a non-cognizable offence, refuses to give
his name and address or gives a false one, he may be arrested to ascertain the details.
• When it has been ascertained, he shall be released through a bail bond.
• If the true name and details are not ascertained within 24 hours of the arrest, or bail bond is not
furnished, he shall be presented to the nearest magistrate having jurisdiction.
CRPC-42

2)Arrest by Private person:

Section 40-Arrest by private person-

• A private person may arrest a person, who in his presence committed a cognizable, non-bailable
offence. Although, he needs to be given to a police officer within 6 hours of the arrest.
• If the police officer believes the person comes under 35(1)-Arnesh Kumar checklist, they shall
arrest him.
• If the person has committed a non-cognizable offence, and gives wrong details about him and
address, he shall be dealt with section 39. Otherwise, if there is is no sufficient reason to believe
that he has committed any offence, he shall be at once released.
CRPC-43

3)Arrest by Magistrate:

Section 41-Arrest by Magistrate-

• When an offence is committed in presence of the magistrate, whether executive or judicial, in
local jurisdiction, he may arrest or order arrest of the offender.
• Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his
presence, within his local jurisdiction, of any person for whose arrest he is competent at the time
and in the circumstances to issue a warrant.
CRPC-44

Section 46-No unnecessary restraint-

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
CRPC-49

Section 47-Person arrested to be informed of grounds of arrest and of right to bail-

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• Police to communicate the particulars for which the person is arrested.
• Police to inform person that he is entitled to bail, unless non-bailable offence.
CRPC-50

Section 48-Obligation of person making arrest to inform about arrest, etc., to relative or
friend-
• Police officer to inform a nominated person about arrest.
• Officer to make person aware of right under sub section 1.
• Entry of the fact as to who has been informed to be kept in a book.
• Magistrate to ensure sub-section 2 n 3 has been complied.
CRPC-50A

Section 51-Examination of accused by medical practitioner at request of police officer-

• When a person is arrested and there are reasonable grounds for believing that an examination of
this person will afford evidence as to the commission of an offence, it shall be lawful for a
registered medical practitioner, acting at the request of any police officer to conduct an
examination to ascertain the facts.
• Female to be examined by a female practitioner or under supervision of a female practitioner.
CRPC-53

Section 52-Examination of a person accused of rape-

1)When a person is arrested for committing rape or for attempt and there are reasonable ground for
believing that an examination of this person will afford evidence as to the commision of the offence,
it shall be lawful for a registered medical practitioner employed in a government hospital or by
a local authority and in the absence of such a practitioner within the radius of sixteen kilometres
from the place where the offence has been committed, by any other registered medical
practitioner, acting at the request of any police officer.
2)Practitioner to without any delay prepare a report with the following-
I)name and address of accused.
ii)age
iii)marks of injury
iv)the description of material taken from the person of the accused for DNA profiling
v)other material particulars in reasonable detail
3)The report to have proper conclusion and reasons for it.
4)Time of examination(start and end)
5)Medical practitioner to forward it to investigating officer, who shall forward it to the magistrate.
CRPC-Section 53A

Section 53-Examination of arrested person by medical officer-

• Person to be medically examined as soon as arrested by central or state medical officer.
Proviso-medical examiner may take another examination if he opines so.
Female to be done by female.
• Medical officer shall prepare a record , mentioning therein any injuries or marks of violence upon
the person arrested, and the approximate time when such injuries or marks may have been
inflicted.
• When a report has been made post examination, it should be shared with the arrested person or
the person nominated by him.
CRPC-Section 54
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Section 54-Identification of person arrested-
• When a person is arrested, and for his proper investigation, identification by other persons is
necessary. The court having jurisdiction on request of the police officer may direct the person to
subject himself for identification.
Proviso-If person is mentally or physically disabled, magistrate shall himself do the identification
under audio-visual means.
CRPC-54A

Section 55-Procedure when police officer deputes subordinate to arrest without warrant-
• When any officer in charge of a police station or any police officer making an investigation
requires any officer subordinate to him to arrest without a warrant (otherwise than in his
presence) any person who may lawfully be arrested without a warrant, he shall deliver to the
officer required to make the arrest an order in writing, specifying the person to be arrested and the
offence or other cause for which the arrest is to be made and the officer so required shall, before
making the arrest, notify to the person to be arrested the substance of the order and, if so required
by such person, shall show him the order.
• It shall not effect the power of arrest under section 35.
CRPC-55

Section 56-Health and safety of the accused-

Duty of the person having custody to take care of the accused.
CRPC-55A

Section 57-Person arrested to be taken before Magistrate or officer in charge of police station-
A police officer making an arrest without warrant shall, without unnecessary delay , send the person
arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a
police station.
CRPC-56

Section 58-Person arrested not to be detained more than twenty-four hours-

No police officer shall detain in custody a person arrested without warrant for a longer period than,
under all the circumstances of the case is reasonable. It shall not exceed 24 hours except for a
special order of magistrate under 187, excluding time of journey from place of arrest to magistrate
court.
CRPC-57

Section 187-Procedure when investigation cannot be completed in twenty-four hours-

1)Whenever a person is arrested, and it appears that the investigation cannot be completed within 24
hours, and there are grounds for believing that the accusation or information is well-founded. In
such a case, a police officer not below the rank of sub-inspector shall transmit the copy of the entry
of the diary relating to the case, and shall also send the accused.
2)The magistrate to whom the accused has been forwarded irrespective of the jurisdiction, after
taking into consideration whether such person has not been released on bail or his bail has been
cancelled, authorise, from time to time, the detention of the accused in such custody as such
Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time
during the initial forty days or sixty days out of detention period of sixty days or ninety days.
• if he has no jurisdiction to try the case or commit it for trial, and considers further detention
unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
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3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen
days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the
detention of the accused person in custody under this sub-section for a total period exceeding-
i)90days-imprisonment of life or death
ii)60 days-any other offence.
Explanation-At the expiry of this period, the accused will remain in custody till bail is furnished.

4) No Magistrate shall authorise detention of the accused in custody of the police under this section
unless the accused is produced before him in person for the first time and subsequently every time
till the accused remains in the custody. This can be done in person or through audio-visual means.
Explanation-If any question arises whether an accused person was produced before the Magistrate
as required under sub-section (4), the production of the accused person may be proved by his
signature on the order authorising detention or by the order certified by the Magistrate as to
production of the accused person through the audio-video electronic means.
Proviso-woman under eighteen years of age, the detention shall be authorised to be in the custody
of a remand home or recognised social institution
Proviso-detained only in police station or judicial custody or place declared as prison by gov.

5)JMSC cannot give detention unless empowered by HC.

6)When magistrate not available, police can go to Executive magistrate and give him the case diary
and accused. He can only authorise 7 days of detention. After which for further detention, a
competent magistrate needs to pass a order.
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to
the nearest Judicial Magistrate, the case diary given by police officer.
7)Magistrate authorising detention to record his reasons for the same.
8)Any magistrate other than CJM, to send the copy of his order and reasons for making it to the
CJM.
9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded
within a period of six months from the date on which the accused was arrested, the Magistrate shall
make an order stopping further investigation into the offence unless the officer making the
investigation satisfies the Magistrate that for special reasons and in the interests of justice the
continuation of the investigation beyond the period of six months is necessary.
10)Sessions judge may overturn order under sub-section 9 if satisfied that further investigation is
required.

CRPC-167

*Summon trial above (sub-section 9) is one of three trials.

1)Summon trial for non-cognizable offences having punishment below 2 years.
2)Warrant trial for non-cognizable/cognizable offences having punishment below 7 years.
3)Sessions trial for cognizable offences having punishment above 7 years.

Proclamation for person absconding warrant:

Section 84-Proclamation for person absconding-1)If the court has reason to believe(with or w/o
evidence) that the accused is trying to abscond the warrant, then court may issue a proclamation to
appear at a specified place and not less than 30 days from such issuance.
2)It may be issued as follows:
• Publicly read at a Conspicuous place of town or village where he resides
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• It shall be affixed at a conspicuous part of the house of where he resides.
• Copy of such proclamation shall be put in the court-house.
• The court may also put it in a newspaper, of the area where in he resides.
3)A statement issued by the court in regard with the proclamation, shall be conclusive evidence that
the manner given under sub-clause 2 is followed.
4)When a proclamation is issued under sub-clause 1, and the person is accused of an offence with
punishment of 10 years of more, and such person fails to appear, he shall after enquiry name him as
a proclaimed offender and make a declaration to that effect.
5)Declaration made under sub clause 4, to follow rule given under clause 3 and 2.
Section 82-CRPC

Section 85-Attachment of property of the person absconding-1)Court after issuance of

proclamation under 84, may attach a movable or immovable property.
Proviso-if court upon an affidavit, at time of issuance of proclamation is satisfied, that the person is
about to sell the immovable or movable property, or take it out of the jurisdiction of the court, it
may order attachment at the time of issuance of proclamation.
2)Such order shall authorise the attachment of any property belonging to such person within the
district in which it is made; and it shall authorise the attachment of any property belonging to such
person without such district when endorsed by the District Magistrate within whose district such
property is situate.
3)If the property to be attached is a debt or movable property, it shall be attached by-
• Seizure
• by the appointment of a receiver
• by an order in writing prohibiting the delivery of such property to the proclaimed person or to any
one on his behalf
• By two or more methods if the court thinks fit.
4)If property is immovable, in the case of land paying revenue to the State Government, be made
through the Collector of the district in which the land is situate, and in all other cases-
• by taking possession; or
• by the appointment of a receiver; or
• by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed
person or to any one on his behalf;
• By two or more methods if the court thinks fit.
5)If the property is life stock, or perishable item, the court may order immediate sale, and proceeds
shall go according to court order.
6)The powers, duties, liabilities of a receiver shall be similar to CPC.
Section 83-CRPC

Section 86-Identification and attachment of property of proclaimed person(Not a part of

CRPC)-The Court may, on the written request from a police officer not below the rank of the
Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance
from a Court or an authority in the contracting State for identification, attachment and forfeiture of
property belonging to a proclaimed person in accordance with the procedure provided in Chapter
VIII.

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Information and investigation:

Section 173-Information in cognizable cases-1)Every information relating to the commission of a

cognizable offence, irrespective of the area where the offence is committed may be given orally or
by electronic communication and if given to an officer in charge of a police station-
Orally-shall be written and read to informant, signed by informant as well.
Electronic communication-shall be taken on record by him on being signed within three days by the
person giving it.
This shall be entered in a book to be kept by such officer in such form as the State Government may
prescribe.
Proviso-When an offence is an offence against women(as prescribed under BNS/IPC), it shall only
be taken by a women police in-charge.
Proviso further-When an offence is an offence against women is alleged against someone, and he is
mentally or physically disabled, such a information shall be taken at his residence, or place of his
choice. The recording of such information shall be made. The police officer shall get the statement
of the person recorded by a Judicial Magistrate under clause (a) of sub-section (6) of section 183
as soon as possible.
2)A copy of the information shall be given free of cost to informant or victim.
3)When there is an information about a cognizable offence, between 3 to 7 years of
punishment, the officer in charge may with prior permission of DSP, considering the gravity
of offence-
• Proceed to conduct a preliminary enquiry within 14 days of the information to see if there is a
prima facie case.
• Proceed to investigation if there is a prima facie case.
4)If there is refusal by police officer to take information under clause 1, a person may write a letter
to SP, who may either conduct investigation himself or delegate it, failing which he may make an
application under sub-section (3) of section 175 to the Magistrate.
Under 154-CRPC, clause 3 was not a part. Also, magistrate information as given under clause
4 of BNSS, was not there in CRPC.
Electronic communication was not a part.
Under BNSS, a information can be given to any police station, irrespective of jurisdiction.

Lalita Kumari v. State of UP-The father of the minor, filed a the petitioner and asked the Hon’ble
Apex Court to grant a writ of habeas corpus, directing the police to find, produce, and protect the
minor child who was kidnapped.The petition stated that the police did not take any action when the
petitioner approached the concerned police station by submitting a written complaint. They further
stated that the FIR was only registered after moving the complaint to the Superintendent of Police
but no further action was taken after registration of FIR to locate the minor girl child or to
apprehend the accused in the case.
The court ruled that-
• Section 154(1) of the CrPC mandates a police officer to register an FIR if any information
received by or conveyed to such officer discloses the commission of any cognizable offence.
• Second, before rejecting information, they need to do a preliminary enquiry to certain if the
offence is cognizable, if uncertain, then non-cognizable report to be filed.
• Such a enquiry has to be done within 7 days.
• Preliminary enquiry needs to be registered in a station diary, which needs to sent to the
magistrate.
• Information regarding the same has to be sent to the victim/ informant free of cost.
Page 10 of 30
Section 174-Information as to non-cognizable cases and investigation of such cases-1)When an
information relating to an NC case within the limits of the station comes, the police shall enter it
into a book and-
• Refer informant to magistrate
• Forward daily diary report fortnightly to magistrate.
2)NC case not be investigated until order by magistrate.
3)If investigation allowed, then police has all powers like in cognizable case, except to arrest
without warrant.
4)Where there are two or more offences, of which one is cognizable, the case shall be a cognizable
case.
Under 155-CRPC-Under BNSS, it compulsory for the police in charge to forward daily diary
report every fortnightly to magistrate.

Section 175-Police officer’s power to investigate cognizable case-1)Any officer in charge of a

police station may, without the order of a Magistrate, investigate any cognizable case which a Court
having jurisdiction over the local area within the limits of such station would have power to inquire
into.
Proviso-considering the nature and gravity of the offence, the SP or DSP may investigate.
2)No proceeding of a police officer in any such case shall at any stage be called in question on the
ground that the case was one which such officer was not empowered under this section to
investigate.
3)Any Judicial Magistrate empowered under section 210 may, after considering the application
made under clause (b) of sub-section (4) of section 173 and submission made in this regard by the
police officer, order such an investigation as above-mentioned. (When police refuses to take
cognisance, JM may direct them to conduct)
4)Any JM after receiving a complaint against a public servant in discharging his official duties, may
under section 210 take cognisance-
• After receiving a report containing facts and circumstances of the incident from the officer
superior to him.
• after consideration of the assertions made by the public servant as to the situation that led to the
incident so alleged.
CRPC-156-Clause 4 was not a part of CPRC, BNSS also provides for SP,DSP conducting
investigation in grave cases.

Sakiri Vasu v. State of UP-The appellant has a son ,who was a Major in the Indian Army.His dead
body was found at the Mathura Railway Station. Investigation by police declared it to be sucicide.
Father claimed it to be murder as he had information on corruption. He filed a WP to HC, for
investigation by CBI, which was quashed. Then, he went to SC by SLP. Another question before
SC, was whether the judicial magistrate under 156(3) has power to order for CBI investigation.
Under 156(3), the aggrieved person can make a complaint before the judicial magistrate if his FIR
is not registered or a proper investigation has not been done. The magistrate can order for both. It
was held that report to the Superintendent of Police (SP) if the officer in charge refuses to register
an FIR under Section 156(3) of the CrPC. It was also held that a person cannot demand
investigation by a specific agency, but only for proper investigation.

Madhubala v. Suresh Kumar-In this case there two offences to be charged against the husband,
498A and 407. The wife first filed a complaint before the CJM in Kurukshetra, to which he took
Page 11 of 30
cognisance and ordered investigation, and husband was charged. CJM did not charge husband for
498A as it happened in Karnal. The wife then filed a case in Karnal for 498A before CJM. The
magistrate again ordered investigation and charges were framed. The husband went to the HC,
which stated that a Magistrate does not have the jurisdiction to order the registration of a case and is
only authorised to direct the police to undertake an investigation under Section 156(3) of the Code
of Criminal Procedure. The SC overturned the decision of the HC, and emphasised that the police
must record a cognizable case on a complaint, considering it as the First Information Report (FIR),
and abide by the requirements of the applicable regulations when a Magistrate orders an inquiry
based on a complaint. The court stated “We struggle to see how a magistrate’s decision for the
police to “register a case” might invalidate a Section 156(3) investigation order. It went against the
narrow interpretation given by the HC.

Section 176-Procedure for investigation-1)If by virtue of information or otherwise, a police

officer has reason to suspect the commission of an offence which he is empowered under section
175 to investigate, shall send a police report to the magistrate, and shall proceed with the
investigation either by himself or depute it, to conduct investigation, arrest and discovery.

Proviso-a)when information as to the commission of any such offence is given against

any person by name and the case is not of a serious nature, the officer in charge of a police station
need not proceed in person or depute a subordinate officer to make an investigation on the spot.
b)If officer believes there are no sufficient grounds, then he shall not proceed.

Proviso-In cases in relation to an offence of rape, the recording of statement of the victim shall be
conducted at the residence of the victim or in the place of her choice and as far as practicable by a
woman police officer in the presence of her parents or guardian or near relatives or social worker of
the locality.Provided further that statement made under this sub-section may also be recorded
through any audio-video electronic means preferably cell phone.

2)In cases of the first two proviso, the officer in charge of the police station shall state in his report
the reasons for not fully complying with the requirements of that sub-section by him, and, forward
the daily diary report fortnightly to the Magistrate and in the case mentioned in clause (b) of the
said proviso, the officer shall notify to the informant.
3)On receipt of every information relating to the commission of an offence which is made
punishable for seven years or more, the officer in charge of a police station shall, from such date,
as may be notified within a period of five years by the State Government in this regard, cause the
forensics expert to visit the crimes scene to collect forensic evidence in the offence and also
cause videography of the process on mobile phone or any other electronic device.
Proviso-where states do not have such capabilities, they shall take help from other states.
CRPC-157-CRPC did not have recording through audio-visual means, 176(3)-forensic facility was
not a part of CRPC.

Section 177-Report how submitted-1)Every report sent to a Magistrate under section 176 shall, if
the State Government so directs, be submitted through such superior officer of police as the State
Government, by general or special order, appoints in that behalf.
2)Such superior officer may give such instructions to the officer in charge of the police station as he
thinks fit, and shall, after recording such instructions on such report, transmit the same without
delay to the Magistrate.
CRPC-158
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Section 181-Statement to police and use thereof-1)No statement made by any person to a police
officer in the course of an investigation , shall, if reduced to writing, be signed by the person
making it; nor shall any such statement or any record thereof, whether in a police diary or
otherwise, or any part of such statement or record, be used for any purpose, at any inquiry or
trial in respect of any offence under investigation at the time when such statement was made.

Provsio-When any witness is called for the prosecution in such inquiry or trial whose statement has
been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the
accused, and with the permission of the Court, by the prosecution, to contradict such witness in the
manner provided by section 148 of the Bhartiya Sakshya Adhiniyam/Evidence act and when any
part of such statement is so used, any part thereof may also be used in the re-examination of such
witness, but for the purpose only of explaining any matter referred to in his cross-examination.

2)Nothing in this section shall be deemed to apply to any statement falling within the provisions of
clause (1) of section 26 or 23 of the Bharatiya Sakshya Adhiniyam.(32 and 27 of evidence act)
Explanation-An omission to state a fact or circumstance in the statement referred to in sub-section
(1) may amount to contradiction if the same appears to be significant and otherwise relevant having
regard to the context in which such omission occurs and whether any omission amounts to a
contradiction in the particular context shall be a question of fact.
CRPC-162

Section 182-No inducement to be offered-1)No police officer or other person in authority shall
offer or make, or cause to be offered or made, any such inducement, threat or promise as is
mentioned in section 22 of the Bharatiya Sakshya Adhiniyam.(No force, inducement to confess or
give statement.)
2)But no police officer or other person shall prevent, by any caution or otherwise, any person from
making in the course of any investigation, any statement which he may be disposed to make of his
own free will .
Proviso-nothing shall effect subsection 4 of 184.
CRPC-163

Section 183-Recording of confessions and statements-1)Any Judicial Magistrate of the District in

which the information about commission of any offence has been registered, may, irrespective of
jurisdiction in the case, record any confession or statement made to him in the course of an
investigation.
Proviso-confession may be made in front of advocate.
Proviso-no police officer who has power of magistrate by law, to take confession.
2)The Magistrate shall, before recording 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; and 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.
3)If at any time before the confession is recorded, the person appearing before the Magistrate states
that he is not willing to make the confession, the Magistrate shall not authorise the detention of
such person in police custody.
(To memorise)4)Any such confession shall be recorded in the manner provided in section 316 for
recording the examination of an accused person and shall be signed by the person making the

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confession; and the Magistrate shall make a memorandum at the foot of such record to the
following effect-
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any
confession he may make may be used as evidence against him and I believe that this confession was
voluntarily made. It was taken in my presence and hearing, and was read over to the person making
it and admitted by him to be correct, and it contains a full and true account of the statement made
by him. “ Signed
A.B
Magistrate

5)Any statement (other than a confession) made under sub-section (1) shall be recorded in such
manner hereinafter provided for the recording of evidence as is, in the opinion of the Judicial
Magistrate, best fitted to the circumstances of the case; and the Judicial Magistrate shall have power
to administer oath to the person whose statement is so recorded.
6a)In cases of offences against women, magistrate to record statement of the victim, as soon as the
case is brought to the notice of the police.
Proviso-Magistrate to be woman, otherwise male.
Proviso-offences punishable with imprisonment for ten years or more or imprisonment for life or
with death, the Judicial Magistrate shall record the statement of the witness brought before him by
the police officer.
Proviso-the person making the statement is temporarily or permanently mentally or physically
disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording
the statement shall be recorded with audio-visual means.
B)A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or
physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in
section 142 of the Bhartiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be
cross-examined on such statement, without the need for recording the same at the time of trial.
7)The Magistrate recording a confession or statement under shall forward it to the Magistrate by
whom the case is to be inquired into or tried.

CRPC-164, CRPC did not provide for women magistrates for female victims, audio visual means
was added in BNSS, recording statement of witnesses was added.

CBI v. Surendra Koli-It was held that the confession under CRPC 164 was given by free will.
Guidelines are wilful, consent, no pressure, knowledge of legal consequences, hope of release.

• A report is either chargesheet or closure report.

Section 193-Report of police officer on completion of investigation-report to be given on

completion of investigation-
1)Without unnecessary delay
2)Sexual offences IPC or POCSO, 2 months from the day FIR is registered
Section 173-CRPC

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Powers of magistrate to take cognisance-
He may take it via:
• Complaint by a person
• Police report
• Information by any other person, empowered under special law or by his knowledge that a
offence has been committed.

Section 210-Cognisance of offences by magistrate-1)Any JMFC OR JMSC, can take cognisance

as per sub-section 2, in the following-
• Receiving a complaint of facts, complaint filed by person authorised by special law
• Police report
• Info recovered from person other than police, or upon his own knowledge, that such offence has
been committed.
2)The CJM may empower Magistrate of the second class to take cognisance under sub-section (1)
of such offences as are within his competence to inquire into or try.
3)Any Magistrate empowered under this section, shall upon receiving a complaint against a public
servant arising in course of the discharge of his official duties, take cognisance-
(a) receiving a report containing facts and circumstances of the incident from the officer superior to
such public servant; and
(b) after consideration of the assertions made by the public servant as to the situation that led to the
incident so alleged.
CRPC-190,Digital mode added, also authorises complaint of any person under special law.

Section 223-Examination of a complaint-The magistrate while taking cognisance of an offence

shall examine the complainant and the witnesses on oath, if any and shall put the substance in
writing. It shall also be signed by the complainant , witness, and magistrate.
Proviso-no cognisance shall be taken without giving the accused a chance to be heard.

Provided further- in the following cases, if the complaint is made in writing, the magistrate need not
examine the complainant and witnesses-
• If a public servant acting or purporting to act in the discharge of his official duties or a court has
made the complaint.
• If the magistrate makes over the case for inquiry or trial to another magistrate under section 212.
Provided that-if the magistrate sends the case to another magistrate, he need not examine witnesses
and complainant if already done by the earlier magistrate.
In case of a complaint against public servant-magistrate to comply with procedure under 217.

CRPC-200, chance given to to accused was not a part of CRPC, crime by public servant was not
there.

Section 224-Procedure by magistrate not competent to take cognisance of case-

• If the complaint is in writing, return it for presentation to the proper court with an endorsement to
that effect.
• If the complaint is not writing, direct complainant to proper court.
CRPC-201

Section 225-Postponement of issue of process-1)Any magistrate on receipt of a complaint, which

he is authorised to take cognisance or which has made over to him under 212, may if he thinks fit,
Page 15 of 30
in a case where the accused is residing at a place beyond the area in which he exercises his
jurisdiction, postpone the issue of process against the accused, enquire into the case by himself or
direct an investigation by police or other person, for the purpose of deciding whether there is
sufficient ground for proceeding.
Proviso-No direction for investigation shall be made-
• Where it appears that the offence is only triable by sessions court.
• Where complaint has not been made by a court, unless the complainant and the witnesses present
(if any) have been examined on oath under section 223.

2)In an inquiry under sub-section 1, the magistrate may take evidence of witnesses on oath.

Proviso-If it appears that offence is triable by sessions court only, he shall call upon the complainant
to produce all his witnesses and examine them on oath.

3)Investigation is made by a person not a police officer, he shall have all powers of investigation
conferred by this act except for arrest without warrant.
CRPC-202

Section 227-Issue of process-1)If the magistrate is of the opinion of taking cognisance of an

offence there is sufficient ground for proceeding, he may-
A)Summons case-issue summon to accused for attendance.
B)Warrant case-issue a warrant, or a summon for causing the accused to be brought or appear
before such magistrate and if he does not have jurisdiction, then to magistrate who does.

2)No summon or warrant shall be issued against the accused until a list of prosecution
witnesses has been filed.
3)In case of complaint made in writing, every summon or warrant shall be accompanied by copy of
complaint.
Proviso-electronic means may be used to deliver summon or warrant.
4)When by any law for the time being in force any process fee or other fees are payable, no process
shall be issued until the fees are paid and, if such fees are not paid within time, magistrate may
dismiss the complaint.
5)Nothing in this section shall affect provisions of 90.
CRPC-204, electronic summon was added.

Charges:
Section 234-Contents of a charge-1)Every charge shall state the offence.
2)If law creates the offence and gives it a name, the offence shall be described using that name only.
3)If law creates the offence does not give it a specific name, the definition of the offence must be
stated as to give the accused notice of the matter which he is charged.
4)The law and section of the law to be mentioned.
5)The fact that the charge is made is equivalent to a statement that every legal condition required by
law to constitute the offence charged was fulfilled in the particular case.
6)Charge to be written in language of the court.
7)If the accused, has previously convicted of any offence, is liable, by reason of such previous
conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence,
and it is intended to prove such previous conviction for the purpose of affecting the punishment
which the Court may think fit, to award for the subsequent offence, the fact, date and place of the
Page 16 of 30
previous conviction shall be stated in the charge; and if such statement has been omitted, the Court
may add it at any time before 45 sentence is passed.
CRPC-211

Section 235-Particulars as to time, place and person-1)It shall contain time and place of offence,
and person or against whom it was committed, to give accused reasonable notice.
2)Where accused charged of criminal breach of trust or dishonest misappropriation of money, or
movable property, it shall mention gross sum, describe movable property in respect of which office
is alleged to have been committed, and the dates between which the offence is alleged to have been
committed, without specifying particular items or exact dates, and the charge so framed shall be
deemed to be a charge of one offence within the meaning of section 242.
Proviso-time included between the first and last of such dates shall not exceed one year.
CRPC-212

Section 236-When manner of committing offence must be stated-When the nature of the case is
such that the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice
of the matter with which he is charged, the charge shall also contain such particulars of the manner
in which the alleged offence was committed as will be sufficient for that purpose.
Eg:A is accused of the theft of a certain article at a certain time and place. The charge need not set
out the manner in which the theft was effected.
A is accused of cheating B at a given time and place. The charge must set out the manner in which
A cheated B.
A is accused of the murder of B at a given time and place. The charge need not state the manner in
which A murdered B.
CRPC-213

Section 237-Words in charge taken in sense of law under which offence is punishable-In every
charge words used in describing an offence shall be deemed to have been used in the sense attached
to them respectively by the law under which such offence is punishable.
CRPC-214

Section 238-Effects of error-No error in stating either the offence or the particulars required to be
stated in the charge, and no omission to state the offence or those particulars, shall be regarded at
any stage of the case as material, unless the accused was in fact misled by such error or omission,
and it has occasioned a failure of justice. (Not allowed unless accused was misled by error or
omission which has led to grave failure of justice).
Eg:A is charged with cheating B, and the manner in which he cheated B is not set out in the charge
or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the
transaction. The Court may infer from this that the omission to set out the manner of the cheating is
not material.
Eg:A is charged with cheating B, and the manner in which he cheated B is not set out in the charge.
There were many transactions between A and B, and A had no means of knowing to which of them
the charge referred, and offered no defence. The Court may infer from such facts that the omission
to set out the manner of the cheating was, in the case, a material error.
CRPC-215

Section 239-Court may alter charge-1)Court may alter or add charge before judgement is
delivered.
Page 17 of 30
2)Every alteration or addition shall be read and explained to accused.
3)If the alteration or addition to a charge is such that proceeding immediately with the trial is not
likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the
conduct of the case, the Court may, in its discretion, after such alteration or addition has been made,
proceed with the trial as if the altered or added charge had been the original charge.
4)The court may in regard to sub-section 3, either direct a new trial or adjourn the trial for such
period necessary.
5)If the offence stated in the altered or added charge is one for the prosecution of which previous
sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless
sanction has been already obtained for a prosecution on the same facts as those on which the altered
or added charge is founded.
CRPC-216

Section 240-Recall of witnesses when charge is altered-1)When charge is altered after

commencement of trial, the prosecutor and accused shall be allowed-
• To recall or re-summon witnesses
• Also call any further witnesses
CRPC-217

Joinder of offences:
Section 241-Separate charges for distinct offences-1)For every distinct offence, there shall be a
separate charge, and every charge shall be tried separately.
Proviso-Where the accused person, by application in writing, desires that the magistrate may try all
charges framed against accused at once.
2)Nothing in this section, shall effect 242,243,244,246.
CRPC-218

Section 242-Offences of same kind within year may be charged together-1)When a person is
accused of more offences than one of the same kind committed within the space of twelve months
from the first to the last of such offences, whether in respect of the same person or not, he may be
charged with, and tried at one trial for, any number of them not exceeding five.
2)Offences of same kind-those with same amount of punishment under the same section of BNS.
Proviso-Offence of theft under 379 shall be deemed to be a same kind of an offence such as theft in
dwelling house under 380, and that an offence punishable under any section of the said Sanhita, or
of any special or local law, shall be deemed to be an offence of the same kind as an attempt to
commit such offence, when such an attempt is an offence.
CRPC-219

(Joinder)-Section 243-Trial for more than one offence-1)If in one series of acts(chain of
causation is not broken), connected together to from same transaction, more offences than one are
committed by the same person, he may be charged with, and tried at one trial for, every such
offence.
2)When a person charged with one or more offences of criminal breach of trust or dishonest
misappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of
section 242, is accused of committing, for the purpose of facilitating or concealing the commission
of that offence or those offences, one or more offences of falsification of accounts, he may be
charged with, and tried at one trial for, every such offence.

Page 18 of 30
3)If the acts alleged constitute an offence falling within two or more separate definitions of any law
in force for the time being by which offences are defined or punished, the person accused of them
may be charged with, and tried at one trial for, each of such offences.
4)If several acts, of which one or more than one would by itself or themselves constitute an offence,
constitute when combined a different offence, the person accused of them may be charged with, and
tried at one trial for the offence constituted by such acts when combined, and for any offence
constituted by any one, or more, of such acts.
5)It shall not effect section 12 BNS/71 IPC-where several acts, of which one or more than one
would by itself or themselves constitute an offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him
could award for any one of such offences.
CRPC-220

Section 244-Where it is doubtful what offence has been committed-1)If a single act or series of
acts is of such a nature that it is doubtful which of several offences the facts which can be proved
will constitute, the accused may be charged with having committed all or any of such offences, and
any number of such charges may be tried at once; or he may be charged in the alternative with
having committed some one of the said offences.
2)If in such a case the accused is charged with one offence, and it appears in evidence that he
committed a different offence for which he might have been charged under the provisions of sub-
section (1), he may be convicted of the offence which he is shown to have committed, although he
was not charged with it.
Eg:1.A is accused of an act which may amount to theft, or receiving stolen property, or criminal
breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach
of trust and cheating, or he may be charged with having committed theft, or receiving stolen
property, or criminal breach of trust or cheating.
2.In the case mentioned, A is only charged with theft. It appears that he committed the offence of
criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach
of trust or of receiving stolen goods (as the case may be), though he was not charged with such
offence.
3.A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court
A states on oath that B never hit C. A may be charged in the alternative and convicted of
intentionally giving false evidence, although it cannot be proved which of these contradictory
statements was false.

CRPC-221

Section 245-When offence proved included in offence charged-1)When a person is charged with
an offence consisting of several particulars, a combination of some only of which constitutes a
complete minor offence, and such combination is proved, but the remaining particulars are not
proved, he may be convicted of the minor offence, though he was not charged with it.
2)When a person is charged with an offence and facts are proved which reduce it to a minor
offence, he may be convicted of the minor offence, although he is not charged with it.
3)When a person is charged with an offence, he may be convicted of an attempt to commit such
offence although the attempt is not separately charged.
4)Nothing in this section shall be deemed to authorise a conviction of any minor offence where the
conditions requisite for the initiation of proceedings in respect of that minor offence have not been
satisfied.
Page 19 of 30
Eg:1.A is charged, 115 of BNS with causing grievous hurt. He proves that he acted on grave and
sudden provocation. He may be convicted under section 120 of that Sanhita.
2.A is charged, under section 314 of BNSwith criminal breach of trust in respect of property
entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section
314 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He
may be convicted of criminal breach of trust under the said section 314.
CRPC-222

Section 246-What persons may be charged jointly-The following persons maybe charged and
tried together-
• Persons accused of same offence committed in same transaction.
• Persons accused of an offence, of abetment, of attempt
• Persons accused of more than one offence of the same kind, as under 242(12months).
• Persons accused of diff offences in same transaction persons accused of an offence which
includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving
or retaining, or assisting in the disposal or concealment of, property possession of which is
alleged to have been transferred by any such offence committed by the first-named persons, or of
abetment of or attempting to commit any such last-named offence.
• persons accused of offences under sections 411 and 414 IPC or either of those sections in respect
of stolen property the possession of which has been transferred by one offence.
• persons accused of any offence under Chapter XII of IPC relating to counterfeit coin and persons
accused of any other offence under the said Chapter relating to the same coin, or of abetment of or
attempting to commit any such offence; and the provisions contained in the former part of this
Chapter shall, so far as may be, apply to all such charges.
Proviso-When a number of persons are charged with separate offences and such persons are not
within this criteria, they may write a application, and become a part of the same trial.
CRPC-223

Section 247-Withdrawal of remaining charges on conviction on one of several charges-When a

charge containing more heads than one is framed against the same person, and conviction has been
made on one or more of them, the complainant or officer of prosecution may with consent of court,
withdraw the remaining charges, or court on its own accord may stay inquiry into, and shall relay
acquittal on such remaining charges.
CRPC-224

Bail:
478-default
480-non-bailable
482-anticipatory
483-special bail
Bail-Bail is the temporary release of an accused person awaiting trial, usually on condition of a
security being given.
Furlough-Furlough is a short-term, temporary release from prison granted to convicts as a
reformative measure.
Parole-Parole is a conditional release from prison before the completion of a sentence, on the
promise of good behaviour.

Page 20 of 30
A bond is an agreement between a defendant, a surety, and the court.
Meanwhile, bail bond is an amount of money used to secure the release of a defendant.In bail, the
money is typically held by the court as collateral until the case gets resolved. If the defendant fulfils
their court obligations, the bail money gets returned, regardless of the case’s outcome.

Section 478-In what cases bail to be taken-1)It talks about default bail in cases where an accused
is arrested for a bailable offence without warrant.
Proviso-Such officer or court, if thinks fit, may and shall, if such person is indigent(poor) and
unable to furnish surety, instead of taking bail bond from such person, discharge him on his
executing a bond for his appearance.
Explanation-Where a person is unable to give bail bond within a week of the date of his arrest, it
shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for
the purposes of this proviso.
2)Notwithstanding with anything in sub-section 1, if a person has failed to comply with the
conditions of the bond or bail bond as regards to the time and place of attendance, the court may
refuse to release him on bail, when on a subsequent occasion in the case he appears before the court
is brought in custody and any such refusal shall be without prejudice to the powers of court to call
upon any person bound by such bond or bail bond to pay the penalty.
CRPC-436

Motiram v. State of MP-Objective of surety and security in purview of bail was discussed. The
term “bail” in Section 436 of the Cr.P.C., can refer to release with or without sureties, and “bail
bond” in Section 436(2) of the Code can cover an accused’s own bond. Section 437(2) of the Code
emphasises the undertaking to appear when directed, rather than the production of sureties.Overall,
Bail cover both release on one’s own bond, with or without sureties. Courts should be liberal in
releasing poor men, Indians in monetary terms, indigents, young persons, infirm individuals, and
women on their own recognises with reasonable conditions.That magistrate should know that
monetary bail is not a necessary element of the criminal process, there are other factors that can
deter an accused from fleeing from justice. If the accused has roots in the community and is
unlikely to flee, then the magistrate can consider releasing them on their own recognises or ordering
them to appear after conducting an inquiry into their background and circumstances.

Section 479-Maximum period for which under trial prisoner can be detained-1)Where any
person has, during the period of investigation, inquiry or trial under this act(not being an offence
with an punishment of life or death) and has undergone detention for a period extending to one-half
of the maximum period of prison time for that offence, he shall be released on bail.
Proviso-Where person is a first time offender(who has never been convicted for any offence) he
shall be released on bond by the court, if he has undergone detention for a period of 1/3rd of the
maximum prison time for that offence.
Provided further-The court may after hearing the public prosecutor an reasons in writing, order
continued detention or release him on bail bond instead of bond.
Proviso also-No person shall be detained during the period of investigation, inquiry, trial for more
than the maximum period of imprisonment provided for the said offence under that law.
Explanation- In computing period of detention-delay caused by accused shall be excluded.
2)Notwithstanding with sub-section 1, and subject to the third proviso, where an investigation,
inquiry, or trial in more than one offence or in multiple cases are pending against a person, he shall
not be released on bail.

Page 21 of 30
3)The superintendent of jail, where the accused is detained, on completion of 1/3rd or 1/2 period
mentioned in sub-section 1, shall make an application in writing to court to proceed for release on
bail.
CRPC-436A,under crpc, this section was not applicable for an offence with punishment for
death but in BNSS, it is not applicable for both life imprisonment and death. The proviso for
1/3rd punishment served was not a part of CRPC. Clause 2 and 3 was not a part of CRPC.

Sanjay Chandra v. CBI-In this case, the accused was charged with providing telecom services to
ineligible companies, which caused a huge loss to the State exchequer, specifically the Department
of Telecommunications. This being a grave offence, the investigation was being done by the Central
Bureau of Investigation, whose special court denied the accused bail. Then, the accused even filed
an appeal before the Delhi High Court, where his application was bail was once again denied. Over
here, the Delhi High Court took a very utilitarian approach and went against the legal principle of
“innocent until proven guilty”. The investigation conducted by CBI indicated in no manner that the
accused shall abscond or tamper with evidence, even still they denied bail to him. Post this the
matter reached before the apex court, which overturned the decision of the special CBI court and
High court, criticising the approach taken by the lower courts, and upholding the legal principle of
presumption of innocence.

Section 480-When bail may be taken in case of non-bailable offence-1)When any person
accused of or suspected of, non-bailable offence is arrested without warrant by officer of police or is
brought before a court other than HC or sessions, he may be released on bail, but-
i)Such person shall not be released if there appear reasonable grounds for believing that he has been
guilty of an offence punishable with death or life.
ii)Not to be released if previously convicted with an offence punishable with death or life or more
than 7 years, or if he had previously convicted on two or more occasions of a cognizable offence
punishable with 3-7 years.
Proviso-A person mentioned above, may upon direction of court be released, if such a person is a
child, woman, sick, infirm.
Proviso further-A person mentioned under ii, may also be released is it is just and proper to do so
for special reason.
Proviso also-A mere reason that the accused person will be required to be identified during
investigation beyond first 15 days shall not be sufficient ground for denying bail.
Proviso also-No person shall be released under this section, who has committed offence punishable
with death, life, or 7 or more, without hearing Public Pros.
2)If at any stage of trial, there are reasonable grounds to believe that there are not reasonable
grounds for believing that accused has committed a non-bailable offence, but there are grounds for
further inquiry into guilt, the accused shall be released on bail, subject to provisions of 494, at
discretion of such officer or court, on execution by him of a bond.
3)When a person accused or suspected of the commission of an offence punishable with death, life,
more than 7 years, shall be released on bail under sub section 1, court shall impose conditions-
A)such person shall attend in accordance with conditions of bond executed.
b)such person to not commit offence similar to the offence accused.
c)such person shall not directly or indirectly make inducement to person acquainted with facts of
case or tamper with evidence,
And other conditions which are necessary for justice.
4)Officer of court shall list reasons in writing for release on bail.

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5)Any court which released a person on bail, may direct person to be arrested and commit him to
custody.
6)If in a trial for non-bailable offence, the trial has not concluded from 60 days since taking
evidence, such person shall be released on bail as to satisfaction of magistrate.
7)If at any time, after conclusion of trial and before judgement, the court is of opinion that accused
is not guilty, it shall release accused if he is in custody, on execution by him of a bond.
CRPC-437, it did not have a time span of beyond 15 days for identification as given under
proviso 3 of sub-section 1. Earlier the first proviso, stated under 16 years, women, infirm, now
it has been changed to child.

Section 482-Direction for grant of bail to person apprehending arrest(Anticipatory

bail)-1)When any person has reason to believe that he may be arrested on an accusation of having
committed a non-bailable offence, he may apply to the High Court or the Court of Session for a
direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest,
he shall be released on bail.
2)the court under sub-section may impose conditions-
• Person shall make himself available for interrogation.
• Person shall not directly or indirectly make any inducement, threat or promise to person
acquainted with facts.
• Not leave India without permission.
• Such conditions as under 480(3).
3)If such person is thereafter arrested without warrant by an officer in charge of a police station on
such accusation, and is prepared either at the time of arrest or at any time while in the custody of
such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such
offence decides that a warrant should be issued in the first instance against that person, he shall
issue a bailable warrant in conformity with the direction of the Court under sub-section (1).
4)Nothing in this section shall apply to rape cases.

CRPC-438-BNSS omits the following of 438(1) and 1A,1B-

(i)the nature and gravity of the accusation;
(ii)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 cognisable offence;
(iii)the possibility of the applicant to flee from justice; and
(iv)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:
Provided that, where the High Court or, as the case may be, the Court of Session, has not
passed any interim order under this sub-Section or has rejected the application for grant of
anticipatory bail, it shall be open to an officer incharge of a police station to arrest, without
warrant, the applicant on the basis of the accusation apprehended in such application.
(1-A) Where the Court grants an interim order under sub-Section (1), it shall forthwith cause
a notice being not less than seven days notice, together with a copy of such order to be served
on the Public Prosecutor and the Superintendent of Police, with a view to give the Public
Prosecutor a reasonable opportunity of being heard when the application shall be finally
heard by the Court.
1B-The presence of the applicant seeking anticipatory bail shall be obligatory at the time of
final hearing of the application and passing of final order by the Court, if on an application

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made to it by the Public Prosecutor, the Court considers such presence necessary in the
interest of justice

Gurucharan Singh v. State(Delhi administration)-In this case, the appellants were the suspended
senior police officers who are accused of the offence of murdering a notorious dacoit 'Sunder'. They
were released on bail by the sessions judge, but High Court, however cancelled their bail. then the
matter came before Supreme Court. Court while upholding the HC verdict held that there must be
certain points must be taken into consideration while granting bail-
→ Nature and gravity of the circumstances in which the offence is committed.
→ The position & status of the accused with reference to victim & witnesses.
→ The likelihood of the accused fleeing from justice or of repeating the offence.
→ Possibility of tempering with the witness and evidences.

The state v. Captain Jagjit Singh-The respondent was prosecuted for criminal conspiracy under
sections 3 and 5 of official secrets act, under which one offence was bailable and other non-bailable.
The HC granted bail to the accused but the SC stated that under 439, the HC has wide powers but it
has to consider the conditions given under 438(1), such as Nature and gravity of the circumstances
in which the offence is committed.
The position & status of the accused with reference to victim & witnesses.
The likelihood of the accused fleeing from justice or of repeating the offence.
Possibility of tempering with the witness and evidences.
It should not considered the offence entirely to be a non-bailable offence, and only then after an
application should have granted bail. Bail was denied.

Section 483-Special powers of HC or court of sessions regarding bail-1)HC or sessions may

direct-
A)Any person accused of an offence and in custody be released on bail, and if offence is of the
nature mentioned in 480(3), it may impose necessary conditions mentioned therein.
b)Any condition imposed by magistrate when releasing any person on bail be set aside.
Proviso-The HC or sessions shall, before granting bail to a person who is accused of an offence
which is triable exclusively by the Court of Session or which, though not so triable, is punishable
with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it
is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
Proviso further-HC or sessions before giving bail to an offender charged for sub-section (3) of
section 376 or section 376AB or section 376DA or section 376DB of the IPC, shall give notice of
application for bail to the public prosecutor within a period of 15 days from the date of receipt of
notice of such application.
2)The presence of the informant or any person authorised by him shall be obligatory at the time of
hearing of the application for bail to the person sub-section (3) of section 376 or section 376AB or
section 376DA or section 376DB of the IPC.
3) A hc or session may direct any person given bail under this chapter to be arrested.
CRPC-439

State through Delhi Administration v. Sanjay Gandhi-In this case, a film named "Kissa Kursi
Ka" portraying the story of the political doing of the respondent Sanjay Gandhi and his mother,
Indira Gandhi (Former PM) was in issue. The censor board declined to grant a certificate for
exhibition of the film whereupon a writ petition was filed in Supreme Court in mandamus nature.
The apex court was informed that it was not possible to screen the film for evolution by the judges.
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When Janta Government came into power, a raid was conducted at the Gurgaon premises of the
Maruti limited and some incriminating material against the respondent was found viz. boxes
containing the spoils of the film burnt & destroyed in the factory premises. Apparently,
150 prints of the film were destroyed by the respondent in connivance with the officers of the
Maruti Limited. This factory was linked to Sanjay Gandhi. When Sanjay, got to know about this he
approach for anticipatory bail which was granted to him. The Delhi administration appealed to the
HC, for cancellation as the respondent attempt thwart course of justice. The application was
dismissed and matter went to SC. It observed that it is easier to reject a bail application in a non-
bailable case than to cancel a bail granted in such case.
The power to take back in custody an accused who has been enlarged on bail has to be exercised
with care & circumspection. It also found that respondent has misused the facility offered to him by
the High court by granting anticipatory bail to him. It is clear that the accused is interfering with
the course of justice by tempering with witnesses. Court held that there is satisfactory proof
that the respondent has abused his liberty by attempting to suborn (persuade) the prosecution
witnesses. He has therefore forfeited his right to remain free.

Compounding:
Section 359-Compounding of offences-1)It gives a table of offences and the persons by whom the
offence may be compounded, through out of court settlements-petty offences.
2)It gives a table of offences by whom the offence may be compounded, after permission of court is
taken-moderate offences. It can only be compounded by the victim.
3)When an offence is compoundable under this section, the abetment of such offence or an attempt
to commit such offence (when such attempt is itself an offence) or where the accused is liable under
sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023, may be
compounded in like manner.
4a)For a child or unsound mind person, any person competent on his behalf may compound
B)When the person who would otherwise be competent to compound an offence under this section
is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 of such person
may, with the consent of the Court, compound such offence.
5)When the accused has been committed for trial or when he has been convicted and an appeal is
pending, no composition for the offence shall be allowed without the leave of the Court to which he
is committed, or, as the case may be, before which the appeal is to be heard.
6)A High Court or Court of Session acting in the exercise of its powers of revision under section
442 may allow any person to compound any offence which such person is competent to compound
under this section.
7)No offence shall be compounded if the accused is, by reason of a previous conviction, liable
either to enhanced punishment or to a punishment of a different kind for such offence.
8)The composition of an offence under this section shall have the effect of an acquittal of the
accused with whom the offence has been compounded.
CRPC-320

Types of trial:
1)Sessions-248-258-Framing of charge is done-done by sessions judge more punishment >7
years
2)Warrant-261-266,271-Framing of charge-CJM,JMFC, <7 years
3)Summon-274-278-No framing of charges-JMSC

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1)Sessions trial

Section 248-Prosecution to be conducted by public prosecutor for sessions trial

CRPC-225

Section 249-Opening case for prosecution-Prosecution to be started by stating the charge under
232, and also stating the evidence for the same.
CRPC-226

Section 250-Discharge-1)The accused may file an application for discharge within a period of 60
from the date of commitment of case under 232.
2)If after hearing submissions of both sides, and looking at documents, the judge feels that there is
not sufficient ground for proceeding against the accused, he shall discharge the accused.
CRPC-227-It did not have the provision 250(1).

Section 251-Framing of charge-1)If after consideration and hearing as aforesaid, the judge is of
the opinion that the accused has committed an offence-
a)which is not triable by sessions, he may frame a charge against the accused, and by order, transfer
the case to CJM, or any other JMFC and direct appearance, and then such magistrate shall try the
offence in accordance with the procure for the trial of warrant cases.
B)If triable by court, he shall frame in writing a charge against accused within a period of 60 days
from date of first hearing on charge.
2)Where judge frames charge under 1b, the charge shall be read & explained to accused either
present physically or through audio-visual means and the accused shall be asked whether he
pleads guilty of the offence charged.
CRPC-228,Time period of 60 days was not there, audio visual means was not there in CRPC.

Section 252-Conviction on plea of guilty-If accused pleads guilty, judge may record the plea and
convict him.
CRPC-229

Section 253-Date for prosecution evidence-If accused refuses to plead or does not plead and is not
convicted under 252, judge shall fix a date for examination of witnesses, and on application of the
prosecution, issue any process for compelling the attendance of any witness or the production of
any document or other thing.
CRPC-230

Section 254-Evidence for prosecution-1)On the date fixed, judge shall take all evidence as may be
produced in support for prosecution:
Proviso-Evidence of witnesses may be recorded through Audio Visual(AV) means.
2)The deposition of evidence of any public servant may be taken through AV means.
3)The judge may at his discretion, permit the cross-examination of any witness to be deferred until
any other witness have been examined or recall any witness for further examination.
CRPC-231, audio visual means was not a part of CRPC.

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Section 255-Acquittal-If after taking evidence for prosecution, examination the accused and
hearing the prosecution and defence on point, judge considers that there is no evidence that accused
has committed the offence, the judge shall order acquittal.(Prosecution evidence mostly)
CRPC-232

Section 256-Entering upon defence-1)When accused is not acquitted under 255, he shall be called
to enter on his defence and add any evidence in his support.
2)If the accused puts in any written statement, judge shall file it with the record.
3)If the accused files for issue of any process for requiring the attendance of any witness or
production of document or thing, judge shall issue such process unless, he considers for reasons to
be recorded, that such application is made for vexation or delay or defeating justice.
CRPC-233

Section 257-Arguments-When the examination of the witnesses for the defence is complete, the
prosecutor shall sum up his case and accused shall be entitled to reply.
Proviso-Where any point of law is raised by the accused, the prosecution with permission, make
submissions with regard to such point of law.
CRPC-234

Section 258-Judgement of acquittal or conviction-1)After hearing argument and points of law,

judge shall give judgement, within a period of 30 days from completion of arguments, which may
extend to 45 days, for reasons recorded in writing.
2)If accused is convicted, judge shall, unless he proceeds in accordance with 401, hear the accused
on the questions of sentence, and then pass sentence on him according to law
CRPC-235, time period of 30 or 45 days was not a part of CRPC.

2)Warrant cases
Cases instituted on a police report

Section 261-Compliance with section 230-Where in a warrant case by police report, the accused is
brought before the magistrate, he shall satisfy himself that he has complied with provisions of 230.
CRPC-238

Section 262-When accused shall be discharged-1)The accused may prefer an application for
discharge within a period of 60 days from the date of supply of copies of documents under 230.
2)If, upon considering the police report and the documents sent with it under section 193 and
making such examination, if any, of the accused, either physically or through audio-video electronic
means, as the Magistrate thinks necessary and after giving the prosecution and the accused an
opportunity of being heard, the Magistrate considers the charge against the accused to be
groundless, he shall discharge the accused, and record his reasons for so doing.
CRPC-239, time period and AV means was not a part.

Section 263-Framing of charge-1)If after consideration, examination and hearing, the magistrate is
of the opinion that there is a ground that the accused has committed an offence triable, such
magistrate is competent to try and and which in his opinion, could be punished by him, shall frame
a charge in writing within a period of 60 from first hearing.
2)The charge shall be read and explained, he shall be asked if he pleads guilty.
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CRPC-240, time period was not a part of CRPC.

Section 264-Conviction on plea of guilty-If the accused pleads guilty, the magistrate shall record
the plea, and convict him as per discretion.
CRPC-241

Section 265-Evidence for prosecution-1)If the accused refuses to plead or does not plead, or
claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate
shall fix a date for the examination of witnesses:
Proviso- that the Magistrate shall supply in advance to the accused, the statement of witnesses
recorded during investigation by the police.
2)The Magistrate may, on the application of the prosecution, issue a summons to any of its
witnesses directing him to attend or to produce any document or other thing.
3)On the date fixed, magistrate shall proceed to take all evidence as produced by prosecution.
Proviso-Right to recall or cross-examination later.
Proviso-examination of witness can be done through AV means.
CRPC-242-AV means was not a part.

Section 266-Evidence for defence-1)The accused shall be called upon to present his evidence, and
written statement, shall be filed on record.
2))If the accused files for issue of any process for requiring the attendance of any witness or
production of document or thing, judge shall issue such process unless, he considers for reasons to
be recorded, that such application is made for vexation or delay or defeating justice.
Proviso-when the accused has cross-examined or had the opportunity of cross-examining any
witness before entering on his defence, the attendance of such witness shall not be compelled under
this section, unless the Magistrate is satisfied that it is necessary for the ends of justice
Proviso-Witness through AV means.
CRPC-243-AV means was not a part.

Section 271-Acquittal or conviction-1)If, in any case in which a charge has been framed, the
Magistrate finds the accused not guilty, he shall record an order of acquittal.
2)Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not
proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the
accused on the question of sentence, pass sentence upon him according to law.
3)Where, in any case under this Chapter, a previous conviction is charged under the provisions of
234(7) and the accused does not admit that he has been previously convicted as alleged in the
charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the
alleged previous conviction, and shall record a finding thereon.
Proviso-No charge shall be read out by the Magistrate nor shall the accused be asked to plead
thereto nor shall the previous conviction be referred to by the prosecution or in any evidence
adduced by it, unless and until the accused has been convicted under sub-section (2).
CRPC-248

3)Summon trial

Section 274-Substance of accusation to be stated-1)When in a summons-case the accused appears

or is brought before the Magistrate, the particulars of the offence of which he is accused shall be

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stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall
not be necessary to frame a formal charge.
Proviso-If the Magistrate considers the accusation as groundless, he shall, after recording reasons in
writing, release the accused and such release shall have the effect of discharge.
CRPC-251, Proviso was not a part.

Section 275-Conviction on plea of guilty-If the accused pleads guilty, the Magistrate shall record
the plea, and convict him on discretion.
CRPC-252

Section 276-Conviction on plea of guilty in absence of accused in petty cases-1)Where a

summons has been issued under section 229 and the accused desires to plead guilty to the charge
without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by
messenger, a letter containing his plea and also the amount of fine specified in the summons.
2)The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and
sentence him to pay the fine specified in the summons, and the amount transmitted by the accused
shall be adjusted towards that fine, or where an advocate authorised by the accused in this behalf
pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in
the words used by the advocate and may, in his discretion, convict the accused on such plea and
sentence him as aforesaid.
CRPC-253

Section 277-Procedure when not convicted-If the magistrate does not convict the accused 275 or
276, the magistrate to hear prosecution and take all evidence in support of prosecution, and hear
accused and take all evidence as he produces in his defence.
2)The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a
summons to any witness directing him to attend or to produce any document or other thing.
3)The Magistrate may, before summoning any witness on such application, require that the
reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in
Court.
CRPC-254

Section 278-Acquittal or conviction-1)If the Magistrate, upon taking the evidence referred to in
section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced,
finds the accused not guilty, he shall record an order of acquittal.
2)Where the Magistrate does not proceed in accordance with the provisions of section 364 or
section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.
3)A Magistrate may, under section 275 or section 278, convict the accused of any offence triable ,
which from the facts admitted or proved he appears to have committed, whatever may be the nature
of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced
thereby.
CRPC-255

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