Mumbai University

3 Years LLB- Semester V (November 2023),

Criminal Procedure Code & Juvenile Act.
Questions & Answers

Q1) Define Bailable and Non bailable offence?

Ans) As per Sec 2(2) of CRPC 1978, “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. In bailable offences bail is a
matter of course. Police Officers, Courts, Magistrates, Sessions Judge, High
Court may release a person on bail. Eg: Mischief, House trespass etc. are
bailable offense
“Non-bailable offence” means any other offence. In non-bailable cases, bail
is not allowed, but a person may be released on bail under certain
circumstances (Sn.437). In offences punishable with death or imprisonment
for life there is no bail eg: in Murder, rape, etc are non bailable offense.

Q2) What are cognizable offences?

Ans) As per section 2(c) of the Criminal Procedure Code, Cognizable offences
are the offences in which the police can arrest a suspect even without an
arrest warrant. These are the serious kind of offences in which the
punishment is more than 3 years with or without fine. Whether a particular
offence is cognizable or not is mentioned under the First Schedule of CrPC.
Crimes like dowry, murder, rape, etc. fall under this category. These are
the wrongs done against society i.e., against the public at large. The First
Information Report (FIR) is registered only in cognizable crimes. A police
officer is bound to register an FIR in case of a cognizable crime. In
cognizable cases, police can make an investigation without prior permission of
a magistrate.

Q3) What is non cognizable offence?

Ans) Non Cognizable offences belongs to the category of offences as per
Cr. PC in which Police can neither register the FIR nor can investigate or
effect arrest without the express permission or directions from the court.
These mostly include minor offences such as abusing each other, minor
scuffles without injuries, intimidation etc. It is defined in section 2(i) of the
Criminal Procedure Code.
In non-cognisable offences, when the information is given to the Police
Officer (Sub-Inspector), he should enter the substance of information in the
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"Police Diary" and refer the informant to the Magistrate. He should not start
the investigation without the orders of the concerned Magistrate. But, on
receiving such an order, he may exercise the same powers in investigating as
in cognisable cases.

Q4) Short Note on Warrant Case?

Ans) A warrant case under the Code of Criminal Procedure (CrPC) is a case
relating to an offence punishable with death, imprisonment for life, or
imprisonment for a term exceeding two years. These cases are usually serious
or grave offences that are considered cognizable, allowing the police to make
arrests without a warrant. A court of session tries the most severe warrant
cases, while Magistrates handle the rest.
Warrant cases can be instituted by filing a First Information Report (FIR) in
a police station or before a magistrate. The stages of trial in warrant cases
are outlined in Sections 238 to 250 of the Code of Criminal Procedure, 1973.
Chapter XIX of the Cr.P.C. governs the trial of warrant cases.
The essential elements of warrant cases include:
➢ Charges must be specified in a warrant case.
➢ The personal appearance of the accused is mandatory.
➢ Warrant cases under CrPC cannot be converted into summons cases.
➢ The accused has the right to examine and cross-examine witnesses multiple
times.
➢ The Magistrate must ensure compliance with the provisions of Section 207
of the Code of Criminal Procedure (Cr.P.C.). Section 207 of the
Cr.P.C. 1973 mandates the provision of copies of relevant documents, such
as the police report, FIR, and recorded statements, to the accused.

Q5) What are the different classes of criminal court and their powers?
Ans) Different classes of Criminal Courts in India are:
a) Supreme Court: The Supreme Court is the highest court of appeal in the
country and enjoys the most extensive discretionary and plenary powers in
cases of appeals.
b) High Court: There is a High Court for every state. The High Court has
the power to quash the F.I.R, any investigation, and any criminal
proceedings before any High Court or any other subordinate court. It also
has the power to secure justice to everyone who comes before the High

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Court and also providing justice in such a way the abuse of the law cannot
take place before the High Court.
c) Other Courts: Below the High Court, the following Criminal Courts are
constituted. (i) Sessions Court (ii) I class Judicial Magistrate and in
metropolitan area (metropolitan magistrate), (iii) Judicial Magistrate II
Class (iv) Executive Magistrate. The Judicial Magistrates and Executive.
Magistrates are given different and distinct functions and powers under the
Cr.P.C.
Judicial Magistrate II Class: Maximum punishment-1 year imprisonment;
maximum penalty- Rs.5000/-.
I class Judicial Magistrate: Maximum punishment-3 years imprisonment;
maximum penalty- Rs.10000/-.
Chief Judicial Magistrate: Maximum punishment-7 years imprisonment;
maximum penalty in rupees- No limit.
Asst Session Judge: Maximum punishment-10 years imprisonment; maximum
penalty in rupees- No limit.
Session Judge and Additional Session Judge: They both have same powers
and has power to give any punishment provided by the law and can pass any
sentence within the ambit of law. When the session court gives any death
penalty, the same needs to be confirmed by the high court and the sentence
shall not be executed unless it is confirmed by the high court.

Q6) What are any four rights of arrested person?

Ans) The rights of arrested person are:
a) Right to Medical Examination:
According to Section 54 of the Criminal Code, an arrested person has the
right to undergo medical examination. According to sec. 54(2), the report of
such examination shall be furnished by registered by the medical practitioner
either to the arrested person or to the person nominated by that arrested
person.
b) Information on the Right to Bail:
A police officer who is arresting a person for a offense is required to inform
the person arrested about their right to bail, that they are entitled to bail
as per provision of law, and that they can arrange for sureties on their
behalf.
c) No detention for more than 24 hours:
According to Section 56 of the Code of Criminal Procedure, an arrested
person must be brought before a magistrate immediately. If the police

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officials fails to produce an arrested person before a magistrate within 24

hours of the arrest, the police officials shall be held guilty of wrongful
detention.
d) Rights Of Free Legal Aid
The Supreme Court in the case of in Khatri(II) v. the State of Bihar has
held that the state is under a constitutional obligation (implicit in Article 21)
to provide free legal aid to an indigent accused person as is implicit in Article
21 of the Constitution.

Q7) What is summons?

Ans) A summons is a legal document issued by the court directed to a person
to appear before a judge or Magistrate. Section 204 of the CrPC empowers
a Magistrate to issue a summons in a summons case. The summons must be in
writing, served in duplicate, signed by the presiding officer of the court
issuing it, and bear the seal of the court.

Q8) What is Warrant?

Ans) A warrant under the Code of Criminal Procedure (CrPC) is a written
document issued by the court to compel the appearance or arrest of any
person or search any place that the court requires. A warrant of arrest must
be in writing, signed by the Magistrate, and bear the seal of the court.
Section 204 of the CrPC allows a Magistrate to issue a warrant in a warrant
case. A warrant under CrPC is a legal document that authorizes the arrest
of a person who is charged with a serious offence. A warrant must contain
the name and other details of the person to be arrested, the offence for
which the person is charged, and the authority given to the person who
executes the arrest.

Q9) Distinguish between Summons & Warrant?

Summons Warrant
A summons is a written order, issued A warrant is a legal document issued
by the court, compelling an individual by a magistrate or judge, which
to appear before the court at a authorizes the police to arrest
specified time and place someone.
It is generally used in cases where Warrants are typically used for more
the offence is not of a serious serious crimes
nature
The person to whom it is directed is A warrant of arrest must be in
duty-bound to appear before the writing, signed by the Magistrate,

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court on the date specified in the and bear the seal of the court. The
summons. Failure to comply with a person named in the warrant is to be
summons can result in penalties. arrested and produced before the
court.

Q10) What is FIR?

Ans) An information of a cognisable offense recorded by the Police Office
under section 154(1) of CrPC is commonly known as First Information Report
(FIR), though this term is not used in the Criminal Procedure Code. It is the
earliest and the first information of a cognizable offence recorded by an
officer-in-charge of a police station.
It sets the criminal law in motion and marks the commencement of the
investigation which ends up with the formation of opinion under section 169
or 170 CrPC, as the case may be, and forwarding of a police report under
section 173 CrPC.
FIR is not a piece of substantive evidence. It can be used only for limited
purposes, like corroborating under section 157 of the Evidence Act or
contradicting (cross-examination under section 145 of Evidence Act) the
maker thereof.

Q11) What is police diary?

Ans) The Police Officer doing investigation should maintain a diary and record
(i) The time of reception of F.I.R. (ii) The time of beginning and closing of
investigation. (iii) Place visited, (iv) A statement of circumstances.
Any Criminal Court may call for the police diaries of a case under inquiry or
trial in such Court, and may use such diaries, not as evidence in the case,
but to aid it in such inquiry or trial. Neither the accused nor his agents shall
be entitled to call for such diaries, nor shall he or they be entitled to see
them merely because they are referred to by the Court; except when it is
used by the Police Officer to refresh his memory or if the Court uses them
for the purpose of contradicting such police officer.

Q12) What is Zero FIR?

Ans) A “Zero FIR” is a First Information Report (FIR) that can be filed in
any police station, irrespective of the place of incident or jurisdiction. This
means that a person who has information about the commission of a cognizable
offence can file an FIR at any police station, and it is not necessary to go
to the police station within whose jurisdiction the offence falls. The officer

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in charge is required to record the FIR and then transfer it to the appropriate
police station where the offence occurred. This provision is particularly useful
in cases where the crime has taken place while the victim was in transit.

Q13) What are compounding offence?

Ans) Offences are grouped into compoundable and non-compoundable.
Provisions relating to compounding are given in S 320 of CR PC, Compounding
means 'making a compromise'. These offences are situations where the
harmed person (the person who made the complaint, called the complainant)
decides to withdraw the accusations against the person accused of the
wrongdoing.
Compromise may be made (i) with the permission of the court or (ii) without
the permission of the court. Compounding is allowed because the complainant
and the accused may make some compromise within themselves, i.e., they
agree to settle their differences mutually. Compromise once made cannot be
withdrawn. It can be made at any time before the sentence is pronounced by
the court. The offences which are to be compounded with the permission of
the court. Ex.: (i) Theft (value below Rs.250/-) (ii) Cheating. (iii) Cheating
by personation. (iv) Bigamy. (v) Insulting the modesty of a woman etc. In
cases of hurt, assault, criminal trespass, defamation etc., mentioned in the
Cr.P.C. the offences are compoundable without the permission of the Court.

Q14) What is double jeopardy?

Ans) One fundamental principle of Criminal Law is that no person who has
been accused of an offence should be prosecuted and punished for the same
offence more than once. This principle is contained in Art.20(2) of the
Constitution and also in S.300 Cr.P.C.
The origin of this is in the English Law 'Nemo debet Bis Vexari' i.e no one
shall be vexed twice. According to this, if a person has been prosecuted and
convicted, then the accused should not be tried again by any Court in India,
for the same offence.

Q15) What is Public Prosecutor and Asst. Public Prosecutor?

Ans) A Public Prosecutor is a state representative who is a law officer chosen
by the state or central government to represent the interests of the public. A
‘Public Prosecutor’ is appointed under Section 24 of CrPC. A Public Prosecutor
participates in the process of investigation and during the trial.

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The State Government has the power under Cr.P.C. to appoint Public
Prosecutors at the High Court level and at district level is consultation with
the High Court and the Sessions Court. The District Magistrate prepares a
panel of names who are fit to be appointed as Public Prosecutors. The minimum
qualifications is at least 7 years practice as an Advocate. The Public
Prosecutor is a public servant.
Asst. Public Prosecutors are appointed by State Govt. in each district for
conducting prosecution in Magistrates Courts. No Public Officer below the
rank of a Police Inspector and who has made investigation in the case can be
appointed as A.P.P. Office of the A.P.P. is the creation of the new Cr.P.C.
A.P.P. may appear before Magistrates court. He is not under the control of
the Police Department.

Q16) What is “arrest”?

Ans) The common definition of the word "arrest" is "the deprivation of one's
personal liberty. Neither the Code of Criminal Procedure nor any other
significant substantive laws define the term "arrest". A person is considered
to be arrested in a legal sense when they are taken into custody by a law
enforcement officer with the intent of holding them for trial on a criminal
charge or preventing them from doing an illegal act.

Q17) What is petty offence?

Ans) “petty offence” means any offence punishable only with fine not
exceeding one thousand rupees, but does not include any offence so punishable
under the Motor Vehicles Act, 1931, or under any other law which provides
for convicting the accused person in his absence on a plea of guilty.

Q18) What is anticipatory bail?

Ans) Anticipatory Bail or Pre-arrest Bail is a legal provision that allows an
accused person to apply for bail before being arrested. In India, pre-arrest
bail is granted under section 438 of the Code of Criminal Procedure, 1973.
It can be issued only by the Sessions Court and High Court.
The provision of pre-arrest bail is discretionary, and the court may grant
bail after considering the nature and gravity of the offence, the antecedents
of the accused, and other relevant factors. The court may also impose certain
conditions while granting bail, such as surrendering the passport, refraining
from leaving the country, or reporting to the police station regularly.

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Q19) What is charge under CRPC?

Ans) As per Section 2 (b) of Cr.PC "Charge" is defined as "Charge"
includes any head of the charge when the charge contains more head than
one.
Charge is accusation made against person in respect of the offence alleged
to have been committed by him.

Q20) What is complaint?

Ans) As per Sec 2 (d) of CRPC, a “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.

Q21) Who is Probationary officer?

Ans) As per The Probation of Offenders Act of 1958, a probation official is
a court officer who regularly meets people sentenced to a supervised
probation period who are generally, the perpetrators and lower-level
criminals. The majority of the offenders placed on probation are first time
offenders. Placing any one on probation is a way for the court to prevent
offenders from imprisonment. Many that are on probation live in our
neighbourhoods, stay home, are working or participating in an educational
program, and raise their children. The justice system’s objective is to have
a person who is put on probation as a responsible member of society while
retaining contact with his or her family and community support sources.
A probation officer will need to meet, on a monthly or sometimes weekly
basis, their client. Based on an assessment of risk/needs, the probation
officer may decide the degree of supervision that a person requires (minimum,
medium or maximum). It helps to determine how much assistance a person
requires. POs work at city, country, and state levels and have legal and
sociological training in rehabilitation.
While the majority of the public considers probation officers as merely
supervisors of offenders, their role within the legal system is significantly
broader and more complex. Most probation officers do not get involved only
after a probation sentence has been handed down but may provide input to
prosecutors, judges and court officials long before the trial begins. In many
jurisdictions, probation officers also adopt the role of parole officer, which
oversees the re-entry of ex-convicts into society.

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Q22) What are the duties of probationary officer?

Ans) The duties of a Probation Officer under the Probation of Offenders
Act, 1958, as laid down in Section 14 of the Act, include:
a) Investigation: The probation officer conducts an investigation to gather
information about the offender and the circumstances surrounding the
offense and submit the report to the court.
b) Supervision and surveillance: The probation officer supervises the offender
during the probation period to ensure compliance with the conditions of
probation.
c) Counselling: The probation officer provides counselling to the offender to
help them understand and rectify their behaviour.
d) Exercise of professional control on the delinquent probationer: The
probation officer exercises professional control over the offender to
prevent them from committing further offenses.
The Act aims to save minor offenders from becoming regular criminals by
giving them the opportunity to change for the better rather than going to
jail. The probation officer seeks to resolve the issue amicably while attending
to the needs and challenges of the accused.

Q23) What is admonition?

Ans) Admonition under the Probation of Offenders Act, 1958, is a stern
warning or reprimand. Section 3 of the Act deals with the power of a court
to release the offender after admonition. This section empowers the courts
to release the offenders without undergoing the penalty prescribed by the
Indian Penal Code or any other relevant law. In essence, it’s a way for the
court to give the offender a chance to reform without serving a traditional
sentence.

Q24) What are heinous offences?

Ans) “Heinous offences”, as per the definition given under Section 2(33) of
the IPC and also as per Juvenile Justice Act 2015, are those offences for
which the IPC or any other criminal law for the time being in force prescribes
a term of imprisonment of 7 years or more.

Q25) What is conviction and acquittal?

Ans) Conviction means that, when the trial ends, one have been proven guilty
of a particular crime and accordingly judgement of punishment as per law is

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passed. Acquittal means the prosecution was not able to prove that one
committed a crime. An order of acquital is also in the nature of judgement.

Q26) What is public nuisance?

Ans) As per Section 280 of IPC 1860, A person is guilty of a public nuisance
who does any act or is guilty of an illegal omission which causes any common
injury, danger or annoyance to the public or to the people in general who
dwell or occupy property in the vicinity, or which must necessarily cause
injury, obstruction, danger or annoyance to persons who may have occasion
to use any public right. Therefore, it is a crime against society and not just
against an individual or a group of people. For instance, polluting water
streams, obstruction of highways, and storing explosives are examples of
public nuisance.

Q27) What is judgement under CRPC?

Ans) A judgment in the context of the Code of Criminal Procedure (CrPC) is
the final decision given by a court at the end of a criminal trial. Although
the term ‘judgment’ is not explicitly defined in the CrPC, it is generally
understood to be the final order of the court.
Chapter XXVII of the CrPC, 1973, deals with Judgement. It explains the
meaning and procedure of passing judgment by a criminal court. A judgment
should clearly mention the reason for accepting an argument and rejecting
the other.
Section 354 of the CrPC outlines the language and contents of the judgment.
It states that every judgment in a criminal case should be written in the
language of the court, contain the points for determination and the reason
for the same, specify the offense and the reason for the same, and mention
the Indian Penal Code (IPC) or any other law under which the crime is
committed and the punishment is given. In essence, a judgment is the
expression of the opinion of the Judge or Magistrate arrived at after due
consideration of the evidence and of the arguments.

Q28) What is children’s home as per Juvenile Justice Act?

Ans) Under the Juvenile Justice Act, 2015, children who are in need of care
and protection can be placed in a child care institution. The types of child
care institutions include Children Home, Open Shelter, Observation Home,
Special Home, Place of Safety, Specialised Adoption Agency and a Fit
Facility.

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Children Homes for Boys and Girls provide shelter during the process of
inquiry and long term rehabilitation for orphan and destitute children in need
of care and protection. Section 34 of the Juvenile Justice Act of 2000 states
“The state government may establish and maintain children’s homes in each
district or group of districts.” The children’s home is a home where children
in need of care and protection are placed on the order of a competent
authority.

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Descriptive Questions & Answers

Q 1 What are the rights of the arrested persons?

Ans) Meaning of Arrest:
The common definition of the word "arrest" is "the deprivation of one's
personal liberty. Neither the Code of Criminal Procedure nor any other
significant substantive laws define the term "arrest". A person is considered
to be arrested in a legal sense when they are taken into custody by a law
enforcement officer with the intent of holding them for trial on a criminal
charge or preventing them from doing an illegal act.
Rights of Arrested Person:
The rights of an arrested person under the Code of Criminal Procedure (CrPC)
are as follows:
a) Right to know the grounds of Arrest: Section 50 of CrPC states that every
police officer or any other person who is authorised to arrest a person
without a warrant should inform the arrested person about the offence
for which he is arrested and other grounds for such an arrest.
b) Right to be produced before the Magistrate without unnecessary delay:
Section 55 of CrPC states that a police officer making an arrest without
a warrant should produce the arrested person without unnecessary delay
before the Magistrate having jurisdiction or a police officer in charge of
the police station.
c) Rights to be released on Bail: An arrested person has the right to be
released on bail unless there are reasonable grounds to believe that he
has committed a non-bailable offence. A police officer who is arresting a
person for a offense is required to inform the person arrested about their
right to bail, that they are entitled to bail as per provision of law, and
that they can arrange for sureties on their behalf.
d) Rights to a fair trial: Every arrested person has the right to a fair trial.
e) Right to consult a lawyer of his choice: The arrested person has the right
to consult a lawyer of his choice.
f) Right to free legal aid: If the arrested person does not have sufficient
means to engage a lawyer, he has the right to free legal aid. The Supreme
Court in the case of in Khatri(II) v. the State of Bihar has held that the
state is under a constitutional obligation (implicit in Article 21) to provide
free legal aid to an indigent accused person as is implicit in Article 21 of
the Constitution.

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g) Right against self-incrimination: The arrested person has the right against
self-incrimination.
h) Right to be examined by a registered medical practitioner: If the arrested
person requests for a medical examination, he has the right to be examined
by a registered medical practitioner.
i) No detention for more than 24 hours: According to Section 56 of the
Code of Criminal Procedure, an arrested person must be brought before a
magistrate immediately. If the police officials fails to produce an arrested
person before a magistrate within 24 hours of the arrest, the police
officials shall be held guilty of wrongful detention

These rights are designed to protect the fundamental rights of the arrested
person and to ensure that the law enforcement authorities follow due process
of law while dealing with persons accused of committing a crime.

Q 2 Note on Investigation, Inquiry and Trial?

Ans) Investigation, inquiry and trial denote the three successive stages in the
Criminal proceedings:
a) Investigation: Investigation is the 1st stage of Criminal Case. As per
S.2(h) of CRPC, "Investigation" includes all the proceedings under the Cr.P.C.
for the collection of evidence conducted by a police officer or person
authorised by the Magistrate. The objective is to collect evidence in respect
of the case on hand. It starts with the F.I.R. It includes: Proceeding to the
spot, getting the facts and circumstances, collecting all the evidence
available, examining persons, arresting the accused, making the search,
seizing materials etc. He submits a report to the Magistrate in the prescribe
form.
b) Inquiry: The end of investigation is the beginning of the inquiry. As per
S 2 (g) of CRPC, Inquiry means every inquiry, other than a trial, conducted
by a Magistrate or Court under Cr.P.C. This is a proceeding of the
Magistrate or Court prior to trial. The objective is to find the truth or
falsity of the facts to proceed further, to take action. If there is any truth,
there will be a trial otherwise the accused is discharged. Inquiry may be
judicial, non-judicial, local or preliminary. Examples are: proceedings for
maintenance of wife a children, enquiring for keeping the peace. Proceeding
under Sn.145 Cr.P.C. is an inquiry.
c) Trial: This is the final stage of a criminal case. A trial is a judicial
proceeding that ends either with conviction or acquittal. It is the legal

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process that follows an investigation or inquiry, in which the accused is

brought before a court to answer for the charges against them. A trial
involves the presentation of evidence, testimony from witnesses, and
arguments from both the prosecution and defense. A judge or a jury will
decide whether the suspect is guilty or not guilty of the crime.

Q 3 Write short note on arrest without warrant?

Ans) Arrest without Warrant: (Section 41): The police officer may without
an order from a Magistrate and without a warrant, arrest any person;
a) who has been concerned in any cognizable offence, or against whom a
reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been so concerned;
or
b) who has in his possession without lawful excuse, the burden of proving
which excuse shall lie on such person, any implement of house-breaking;
or
c) who has been proclaimed as an offender either under this Code or by
order of the State Government; or
d) in whose possession anything is found which may reasonably be suspected
to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such thing; or
e) who obstructs a police officer while in the execution of his duty, or who
has escaped, or attempts to escape, from lawful custody; or
f) who is reasonable suspected of being a deserter from any of the Armed
Forces of the Union; or
g) who has been concerned in, or against whom a reasonable complaint has
been made, or credible information has been received, or a reasonable
suspicion exists, of his having been concerned in, any act committed at
any place out of India which, if committed in India, would have been
punishable as an offence, and for which he is, under any law relating to
extradition, or otherwise, liable to be apprehended or detained in custody
in India; or
h) who, being a released convict, commits a breach of any rule made under
Sub-Section(5) of section 356; or
i) for whose arrest any requisition, whether written or oral, has been
received from another police officer, provided that the requisition
specifies the person to be arrested and the offence or other cause for
which the arrest is to be made and it appears therefrom that the person

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might lawfully be arrested without a warrant by the officer who issued

the requisition.
j) Any officer in charge of a police station may, in like manner, arrest or
cause to be arrested any person, belonging to one or more of the
categories of person specified in section 109 or section 110.

Q 4 What are the various process to compel appearance in case of Criminal

Procedure Code?
Ans) The processes under the Code of Criminal Procedure (CrPC) to compel a
accused person to appear in court:
a) Summons (Section 61 and 204 of CrPC): A summons is a written order,
issued by the court, compelling an individual to appear before the court
at a specified time and place. The summons must be in writing, served in
duplicate, signed by the presiding officer of the court issuing it, and bear
the seal of the court. Section 204 of the CrPC empowers a Magistrate to
issue a summons in a summons case.
b) Warrant (Section 70 and 204 of CrPC): A warrant is a legal document
issued by a magistrate or judge, which authorizes the police to arrest
someone. Warrants are typically used for more serious crimes. A warrant
of arrest must be in writing, signed by the Magistrate, and bear the seal
of the court. Section 204 of the CrPC allows a Magistrate to issue a
warrant in a warrant case.
c) Warrant in lieu of summons (Section 87 of CrPC): In certain cases, a court
may issue a warrant in lieu of a summons. This is typically done when the
court believes that a summons alone would not ensure the person’s
appearance. The court will record the reason for issuing a warrant in lieu
of a summons.
d) Proclamation of an absconder (Section 82 of CrPC): If a person against
whom a warrant has been issued is absconding or concealing himself so
that the warrant cannot be executed, the court may publish a written
proclamation requiring him to appear at a specified place and time. The
proclamation is published in a conspicuous place in the town or village where
the person ordinarily resides.
e) Attachment of property (Section 83 and Sections 105D to 105J of CrPC):
If the person does not comply with the proclamation, the court may order
the attachment of his property. The court can also order the sale of the
attached property if the person does not appear within the specified time.
f) Bond with or without sureties (Sections 436 to 450 and Section 441 of
CrPC): The court may also require the person to execute a bond, with or

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without sureties, to appear before the court on a certain date. The bond
is a guarantee that the person will appear in court at the specified time.
These processes are designed to ensure the presence of the accused at his
trial without reasonably depriving him of his liberty.

Q 5 What is search warrant and the circumstances under which it is issued?

Ans) A search warrant is a written order issued by a Judge, Magistrate, or
a Court authorizing law enforcement officers to conduct a search of a person,
location, or vehicle for evidence of a crime and confiscate any evidence they
find. The search should have a nexus with the crime, it cannot be a random
search.
A search warrant is issued under the following circumstances:
a) To obtain evidence of a crime.
b) To obtain contraband, fruits of crime, or other items illegally possessed.
c) To obtain property designed for use, intended for use, or used in
committing a crime.
d) To arrest a person or a person who is unlawfully restrained.
e) To authorize law enforcement officers to search a particular location and
seize specific items.
f) To show probable cause that a crime was committed and that items
connected to the crime are likely to be found in the place specified by
the warrant.
g) To comply with the Fourth Amendment, which requires a warrant to be
issued upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things
to be seized.
h) To conduct a lawful search within the scope of the warrant.
Under Section 93 (1) of the Code of Criminal Procedure, a search warrant
may be issued by the court in the following three cases:
➢ Firstly, where any court has a reason to believe that a person to whom
summons is issued will not or would not produce the document or thing as
required by such summons or requisition.
➢ Secondly, where the document or thing is not known to the court to be in
the possession of any person.
➢ Lastly, where the court considers that any purpose under the code is
served by a general search or inspection.

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The issue of a search warrant is an integral step in the procedure for

investigation. A search warrant may be general or specific in its scope as to
any place or part.

Q 6 Write short note on summary trials?

Ans) Summary Trials are mentioned in Chapter XXI of the Code of Criminal
Procedure,1973. In this trial, the cases are disposed of speedily as the
procedure is simplified and the recording of such cases are done summarily.
In this type of trial, only the offences which fall into the small/petty
category are tried. Complex cases are reserved for warrant or summons
trial.To determine whether a case should be tried summarily, the facts stated
in the complaint form the primary basis. The objective of summary trials is
the expeditious disposal of cases to lessen the burden on the judiciary. The
trial gives a fair opportunity to people for procuring justice in less time. The
legal provisions governing summary trials under the Code of Criminal
Procedure, 1973 are Section 260 to Section 265.
Some of the offences who can be tried in summary way:
➢ offences not punishable with death, imprisonment for life or imprisonment
for a term exceeding two years;
➢ theft, under section 379, section 380 or section 381 of the Indian Penal
Code, (45 of 1860) where the value of the property stolen does not exceed
two hundred rupees;
➢ receiving or retaining stolen property, under section 411 of the Indian
Penal Code, where the value of the property does not exceed two hundred
rupees;
➢ assisting in the concealment or disposal of stolen property, under section
414 of the Indian Penal Code, where the value of such property does not
exceed two hundred rupees.

Q 7 Short Note on Plea Bargaining?

Ans) Plea bargaining is a pretrial negotiation between the accused and the
prosecution where the accused agrees to plead guilty in exchange for certain
concessions by the prosecution. It is a bargain where a defendant pleads
guilty to a lesser charge and the prosecutors in return drop more serious
charges. In India, plea bargaining is governed by Sections 265A to 265L of
the Code of Criminal Procedure (CrPC), 1973. These sections lay down the
procedure for plea bargaining and its application.

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This process is used to avoid a lengthy criminal trial. The accused may agree
to plead guilty to a less serious charge, or to one of several charges, in
return for a more lenient sentence, or for the dismissal of other charges.
It is not available for all types of crime e.g. a person cannot claim plea
bargaining after committing heinous crimes or for the crimes which are
punishable with death or life imprisonment. It’s important to note that plea
bargaining is not available to offenders who have committed crimes where the
punishment is death or life imprisonment, or a prison term exceeding seven
years. Plea bargaining is also not available to those who have committed
crimes against women or children below the age of 14.

Q 8 Can bail be granted for non bailable offenses?

Ans) Yes, bail can be granted for non-bailable offences, but it is not a
matter of right. It is at the discretion of the court or the concerned police
officer. In non-bailable offences, an accused may be granted bail if the
competent authority deems it fit, and exceptional circumstances are
presented to show that bail would not harm the further process of trial and
justice. The provisions for bail in non-bailable offenses are stipulated in
Section 437 of the CrPC. According to this section, an individual arrested or
detained for a non-bailable offense shall not be granted bail unless the court
is satisfied that there exist reasonable grounds to justify such bail.
When a person accused of a non-bailable offence is arrested or detained
without a warrant, he may be granted bail by the police officer in charge of
the concerned police station. However, a person who has committed a non-
bailable offence doesn’t have the right to be released on bail. The conditions
for granting bail in non-bailable offenses include:
a) Nature and severity of the offense: The court will consider the seriousness
of the crime. If the crime is severe, the chances of getting bail are less.
b) Punishment prescribed under the law: If the law prescribes a severe
punishment for the crime, it may be harder to get bail.
c) Likelihood of the accused tampering with evidence or fleeing from justice:
If there’s a high chance that the accused might tamper with the evidence
or try to escape, bail might not be granted.
d) Past criminal record: If the accused has a history of criminal activities,
it could affect the decision.
e) Probability of guilt: If there’s a high probability that the accused is guilty,
bail might not be granted.
f) Exceptions for minors and women: In some cases, if the accused is a minor
or a woman, they might be granted bail.

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g) Danger the accused poses to the public: If the accused is considered a

threat to public safety, bail might not be granted.
h) Possibility of absconding or tampering with evidence or threatening
witnesses: If there’s a chance that the accused might run away, tamper
with evidence, or threaten witnesses, bail might not be granted.
i) Influence of the accused: The court might consider the influence of the
accused in society.
j) Age of the accused: The age of the accused can also be a factor in the
decision.
k) Exceptional circumstances that show bail would not harm further process
of trial and justice: If there are exceptional circumstances that show
granting bail would not harm the further process of trial and justice, bail
might be granted.
l) Presumption of innocence until the trial is complete: The court presumes
the accused to be innocent until proven guilty, and this can influence the
decision to grant bail.

Q 9 Write a note on Juvenile Justice Board?

Ans) The Juvenile Justice Board is an institutional body constituted
under Section 4 of the JJ Act, 2015. According to the division of powers,
the subject of administration of criminal justice has been included in the
State List of the Indian Constitution. Therefore, one or more than one
Juvenile Justice Board(s) are established by the State Government for each
district. The Board exercises its powers and discharges functions relating to
the ‘child in conflict with law’ as has been defined under Section 2(13) of
this Act.
The constitution of the JJB is defined under Section 4 (2) of the act. The
bench possesses all the powers that are exercised by a criminal court as
under Code of Criminal Procedure. The members are selected by a selection
committee that is headed by a retired judge of High Court and comprises of:
a) Principal Magistrate: A Judicial Magistrate First Class or Metropolitan
Magistrate with an experience of three years can be appointed for this
post.
b) Social workers: Two social workers from whom, one must be a woman and
have an active contribution of at least seven years in the field of health,
education, or welfare activities concerning with children.
Functions of Juvenile Justice Board:
a) Informed Participation: The JJB ensures the informed participation of the
child and the parent/guardian in every step of the process.

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b) Protection of Child’s Rights: The JJB ensures that the child’s rights are
protected throughout the process of apprehending the child, enquiry,
aftercare, and rehabilitation.
c) Legal Aid: The JJB ensures the availability of legal aid for the child
through legal service institutions.
d) Interpreter or Translator: The JJB provides an interpreter or translator,
if the child fails to understand the language used in the proceedings.
e) Social Investigation: The JJB directs the Probation Officer/Child Welfare
Officer/Social Worker to conduct a social investigation to ascertain the
circumstances in which the alleged offence was committed.
f) Adjudication and Disposal of Cases: The JJB adjudicates and disposes of
cases of children in conflict with law in accordance with the process of
inquiry
g) Transfer of Matters: When a child in conflict with law is in need of care
and protection, the JJB simultaneously transfers such matters to the Child
Welfare Committee.
h) Individual Care Plan: The JJB includes an individual care plan for the
child’s rehabilitation in a final order disposing of the matter.
i) Declaration of Fit Persons: The JJB conducts an enquiry for declaring fit
persons regarding cases of children in conflict with law.
j) Inspection of Residential Facilities: The JJB conducts at least one monthly
inspection of the residential facilities for children in conflict with law and
recommends action for improvement in quality of services to the District
Child Protection Unit and the State Government.
k) Registration of FIR: The JJB can order the police to register an FIR for
offences committed against a child in conflict with law on a complaint made
in this regard.
l) Inspection of Jails: The JJB conducts regular inspections of jails meant
for adults to ensure no child is locked in such jails and takes immediate
measures for the transfer of such a child to the observation home.
Powers of JJB:
The Board constituted for any district shall have the power to deal exclusively
with the proceedings under the Act (a) in the area of jurisdiction of the
Board; (b) In matters relating to children in conflict with the law. The powers
may be exercised by the High Court or the Children’s Court, when proceedings
under Section 19 come before them or in appeal, revision or otherwise. When
an alleged child in conflict with law is produced before the Board, it shall
exercise its power to hold an inquiry according to the provisions of this Act
and may pass orders as it deems fit as per provisions of the law. The Board

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is also empowered to inquire into heinous offences under Section 15 of the

Act. Such preliminary assessment has to be disposed of within a period of 3
months from the date of first production of the child before the Board.

Q 10 Distinguish between complaint and FIR under CRPC?

Ans) A Complaint and a First Information Report (FIR) are two different
legal procedures under the Criminal Procedure Code (CrPC) in India.
➢ Who can file: Anyone can file a complaint, while an FIR can only be filed
by the victim, a witness, or the police.
➢ Where to file: A complaint can be filed with any magistrate, while an FIR
can only be filed with the police.
➢ Types of offenses covered: A complaint can be filed for any offense,
while an FIR can only be filed for cognizable offenses.
➢ Processes involved: A complaint is a formal request submitted to
authorities, while an FIR is a formal written document filed with the
police, marking the official beginning of the investigation process.
In more detail:
➢ A complaint is defined under section 2 (d) of CrPC. It is an allegation that
is made orally or in writing to a magistrate. A complaint may relate to a
cognizable offence or non-cognizable offence. A magistrate takes
cognizance of an offence on a complaint made to him. A complaint does
not include the report of a police officer.
➢ An FIR is given under Section 154 of CrPC. FIR is given to an officer in
charge of a police station. FIR is related to a cognizable offence. On
FIR, the magistrate can take cognizance. The FIR of an offence may be
given by anybody, including a police officer.

Q 11 What are the inherent powers of High Court?

Ans) Section 482 of the Code of Criminal Procedure (Cr.P.C.) confers inherent
powers upon the High Court. These powers are not explicitly mentioned
anywhere in the code. The High Court may use its inherent authority to set
aside orders made incorrectly or against the rules of natural justice, stay
proceedings, and issue directions.
The inherent power of the High Court is unique in criminal jurisprudence and
is the most potent weapon for the High Court to clear the province of criminal
law jurisdiction of all vitiating and malicious influences. The High Court should
use these powers only in exceptional cases.
The inherent powers under Section 482 of Cr.P.C. include powers to quash
FIR, investigation or any criminal proceedings pending before the High Court

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or any Courts subordinate to it. These powers can be exercised to secure

ends of justice, prevent abuse of the process of any court and to make such
orders as may be necessary to give effect to any order under this Code,
depending upon the facts of a given case.
The court can always take note of any miscarriage of justice and prevent the
same by exercising its powers u/s 482 of Cr.P.C. These powers are neither
limited nor curtailed by any other provisions of the Code. However, such
inherent powers are to be exercised sparingly and with caution.
In the following cases, the inherent power of the High Court could be
exercised to quash the proceedings:
a) Where there is a legal bar against the institution or continuance of the
proceedings.
b) Where the allegation in the First Information Report (FIR) or complaint
does not constitute the offence alleged.
c) Where there is no legal evidence adduced in support of the charge or the
evidence adduced clearly or failed to prove the charge.
The above list of points is not exhaustive. High Court may exercise its
inherent power in other situations as well to serve the ends of justice.

Q 12 What are the provisions of bail under CRPC?

Ans) Bail means short-term release of an accused person awaiting trial. Bail
is the judicial release of an accused charged with the certain offence by
imposing some restrictions on him and compelling him to remain within the
jurisdiction of court.
As per Sec 2(2) of CRPC 1978, “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; Eg.: Counterfeit of coin, Robbery,
Murder etc., are non-bailable. But Mischief, House trespass etc. are
bailable. In bailable offences bail is a matter of course. Police Officers,
Courts, Magistrates, Sessions Judge, High Court may release a person on
bail.
“non-bailable offence” means any other offence. In non-bailable cases, bail
is not allowed, but a person may be released on bail under certain
circumstances (Sn.437). In offences punishable with death or imprisonment
for life there is no bail. In Murder, counterfeit, Sedition etc. no bail is
granted.
The Code of Criminal Procedure, 1973 (Cr.P.C.) contains elaborate provisions
relating to bail. Here are the different kinds of bail provided under the
Cr.P.C:

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a) Bail in Bailable Offense (Section 436): This provision is mandatory in

nature, and the police or the court has no discretion over it2. The accused
is entitled to bail as a matter of right.
b) Bail in Non-bailable Offense (Section 437): This provision is discretionary.
The court may grant bail if it deems fit, considering the nature and gravity
of the offense, the character of the offender, and other circumstances.
c) Anticipatory Bail (Section 438): This is a pre-arrest legal process which
directs that if the person in whose favor it is issued is if thereafter
arrested on the accusation in respect of which the direction is issued, he
shall be released on bail.
d) Ad Interim Bail: This is a temporary bail which may be granted pending
the final hearing of the bail application.
e) Bail after Conviction (Section 389): If a person has been convicted of an
offense and his appeal against the conviction is pending, he may be
released on bail.
f) Bail on Default (Section 167(2)): If the investigation is not completed
within 24 hours and the accused is in detention, the magistrate can release
the person on bail.
It’s important to note that the objective of bail is to ensure the accused’s
appearance during the trial while maintaining the presumption of innocence.
The court has the power to impose any condition necessary for the grant of
bail. However, these provisions should be interpreted in light of the respect
for personal liberty and the right to a fair trial.

Q 13 Explain the procedure for investigation under the Code of Criminal

Procedure (CrPC)?
Ans) The procedure for investigation under the Code of Criminal Procedure
(CrPC) is as follows:
a) Filing of an FIR: An information of a cognisable or a non cognisable offence
given under section 154(1) of CrPC is commonly known as first information
report. It is the earliest and the first information of a cognizable offence
recorded by an officer-in-charge of a police station. It sets the criminal
law in motion and marks the commencement of the investigation which ends
up with the formation of opinion under section 169 or 170 CrPC, as the
case may be, and forwarding of a police report under section 173 CrPC.
b) Preliminary Inquiry Report: Section 157 of the CrPC provides with the
provisions relating to preliminary inquiry method. According to this, after
receiving the information about the crime, the officer in charge of the

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police station is empowered to investigate the case and to send the report
of the same to the Magistrate, who would then take cognizance of the
case. The Police need to go to the crime scene to collect evidence and
arrest the suspect if needed. They can also deny investigating on the
ground that the case involves some non-cognizable offences, which cannot
be investigated without the order of the Magistrate. If the investigating
officer does not find any reasonable grounds to investigate, then he is not
bound to investigate, and he can inform the reasons for the same to the
magistrate.
c) Investigating the location of the crime: The police officer proceeds to the
spot.
d) Ascertaining facts and circumstances of the case: The purpose is to
identify the offender and proceed him for trial so as to serve him with
punishment as per the provisions of the Code.
e) Collecting evidence and interrogating the relevant persons: This includes
examination of persons concerned and reducing their statement to writing,
search and seizure of places and things respectively considered necessary.
f) Finding the suspect: Discovery and arrest of the suspect.
g) Formation of opinion as to whether there is a case for trial, and taking
necessary steps accordingly.
h) Sending a Report to the Magistrate (Section 158): A report is sent to the
Magistrate which is called the police report. It is sent by the superior
police officer, so as to make the Magistrate aware that a particular case
is being investigated by a police officer. The main objective of sending a
report is to enable the Magistrate to control the investigation and give
directions if required under Section 159 of the Code. The Magistrate,
under Section 159, has been empowered, if he feels necessary, after
receiving the report to direct investigation, or to conduct himself or direct
a subordinate Magistrate to hold a preliminary inquiry.
i) Attendance of Witnesses: The police officer making the investigation is
empowered under Section 160 to require the attendance of any person as
a witness who is acquainted with the facts and circumstances of the case.
j) Examination of Witnesses: Any police officer who is in charge of the
investigation or any other officer who is acting on the request of an officer
in charge shall and is empowered to examine a witness or person who is
acquainted or aware of the facts and circumstances of the case put before
him. Section 161 of the Code confers powers on police to examine
witnesses. The statements of witnesses are important as they can make

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a person guilty or innocent. The persons who are being investigated are
expected and bound to answer truly all the questions relating to such cases
put before them. They are not bound to truly answer the questions which
would expose them to a criminal charge or any other charge. After the
examination, the police officer making the investigation shall reduce the
number of statements given by the person in the course of the
examination. And if done so, he shall keep a separate record of the same.
He is not bound to reduce the statements into writing but it is preferred
that he does so.
k) Recording of Statements or Confession by Magistrate: Section 164
empowers the Magistrate to record the statements or the confessions
made by any person during the whole investigating process, or before the
commencement of the inquiry or trial. If someone is not wanting to make
the confession then the magistrate cannot force him to do so. The
confession needs to be purely voluntary.
l) Acceptability of Evidence: The confession recorded under Section 164 can
be used as evidence against the person who has made the confession. It
is upon the court to measure all the factors pertaining to the evidence
and then consider it. The confession should be presented before the court
in its entirety to decide whether it is useful or not.
m) Probing of Property or any Place important in Investigation: The power to
search any place or property is given to the police under Section 165 of
CrPC. A police officer conducting the investigation or a subordinate officer
under his order can search any place or property, which holds any interest
in the case. For searching a place, the police are required to have a search
warrant issued by the Magistrate. If the place or the property to be
searched is located outside the territory of India, then the Magistrate
can write a letter asking for permission to search that place from the
authority of that area. The police officers are required to give a proper
reason, in writing, for the search along with the materials that they are
searching for. After the completion of the search, they are supposed to
send the report of the same to the Magistrate, so that he can inform the
same to the owner of the property.
Procedure to be followed on completion of Investigation (s.169-s.173)
On completion of the investigation, the following procedure is to be followed:
n) Release of accused when evidence is deficient: When there is not
sufficient evidence and reasonable grounds to justify the forwarding of
the accused to the Magistrate, the police officer shall release him on him

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executing a bond, with or without sureties, and may direct him to appear
before the magistrate when required.
o) Cases to be sent to Magistrate when evidence sufficient: When the police
officer has sufficient evidence and reasonable grounds, he shall forward
the accused to the Magistrate, so that the Magistrate can take cognizance
of the offence and try the accused or commit him for trial. If the offence
is bailable, the accused shall be given security and be released on bail,
only to appear before the Magistrate when required, and for his day to
day attendance before the Magistrate.
p) Diary of proceedings in an investigation (section 172): This section relates
to the contents of a case diary, which every police officer making an
investigation has to maintain. The object of this section is to enable the
Magistrate to know what was the day to day information by a police officer
who was investigating the case. Oral statements of witnesses should not
be recorded in this case diary. This diary may be used at trial or inquiry,
not as evidence, but to assist the court in proceeding with the case.
q) Report of police on completion of the investigation: Final report of a police
officer after the completion of the investigation is to be sent to the
Magistrate under Section 173. This report is generally called a
“Chargesheet” or “Challan” or Completion Report.
r) Closure Report: Closure report is the one in which it is stated that there
is not enough evidence to prove that the offence has been committed by
the accused. Once the closure report is filed before the Magistrate, he
may accept and the report the case as closed, direct a further
investigation into the case, issue a notice to the first informant as he is
the only person who can challenge the report or he may directly reject
the closure and take cognizance of the case.

Q 14 What are the salient features of probation of offenders act?

Ans) The Probation of Offenders Act, 1958, has several salient features:
a) Reformation: The main objective of the act is to reform first-time or
amateur offenders and rehabilitate them in society.
b) Protection: It secures the life of first-time offenders by giving warning
or admonition for offences under sections 379, 380, 381, 404, or 420
of the Indian Penal Code with imprisonment of less than 2 years or fine
or both.
c) Probation: The Act empowers the Court to release certain offenders
on probation of good conduct.

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d) Compensation: The Act insists that the Court may order for payment
by the offender such compensation and a cost of the proceedings as it
thinks reasonable for loss or injury caused to the victim.
e) Special Protection: The Act provides special protection to persons under
twenty-one years of age not to sentence him to imprisonment.
f) Variation of Bond Conditions: The Act provides the freedom to Court
to vary the conditions of bond when an offender is released on
probation of good conduct and to extend the period of probation not
to exceed three years from the date of original order.
g) Arrest Warrant: The Act empowers the Court to issue a warrant of
arrest or summons to him and his sureties requiring them to attend the
Court on the date and time specified in the summons if an offender
released on probation of good conduct fails to observe the conditions
of bond.
h) Trial and Sentence: The Act empowers the Court to try and sentence
the offender to imprisonment under the provisions of this Act.
i) Role of Probation Officers: The Act provides an important role to the
probation officers to help the Court and to supervise the probationers
put under him and to advise and assist them to get suitable employment.
j) Nationwide Applicability: The Act extends to the whole of India except
the State of Jammu and Kashmir.

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Situational Problems:

Q1 Police officer arrests Mr X on suspicion that Mr. X had committed a

non bailable offence. How long X can be kept in police custody without an
order of a magistrate? Can court give bail to “X”, under which circumstance
bail can be rejected for non bailable offence?
Ans a)The accused be detained in custody for a moment not more than twenty
four hours without a special order of a Magistrate who can order his detention
for a term exceeding 15 days on the whole as per Section 167 of the Code
of Criminal Procedure. However, the duration of judicial custody can be
extended up to 90 days for non-bailable offences punishable with the death
penalty or imprisonment for 10 years or more. It’s important to note that
this applies to both bailable and non-bailable offences.
Ans b) Yes, the court can grant bail to Mr. X even if the offence is non-
bailable. The provisions for bail in non-bailable offences are stipulated
in Section 437 of the Code of Criminal Procedure (CrPC), 1973.
According to this section, an individual arrested or detained for a non-bailable
offence shall not be granted bail unless the court is satisfied that there
exist reasonable grounds to justify such bail.
However, it’s important to note that the granting of bail in non-bailable
offences is not a right, but rather at the discretion of the court. The court
critically examines the facts and other relevant factors to decide whether
to grant bail or not. Examples of some serious non-bailable offences where
bail is normally not granted are (a) Murder - Section 302 (b) Kidnapping -
Section 363; (c) Robbery - Section 392 (d) Rape - Section 376; (e) Waging
or attempting to wage war, or abetting the waging of war, against the
Government of India - Section 121 etc.

Q2 Vicky was tried for theft of gold ornaments in one jewellery shop. On
complaint filed by the shop owner, Vicky was arrested. The judge found in
guilty of offence committed under section 380 of IPC. Pardon. The court
ordered Vicky release after admonition under probation of offenders at 19:58
because there was no previous conviction of the accused Vicky and the theft
was committed due to student temptation without any premeditation. Define
probation and is probation valid in this case? Give reasons. Explain the powers
of the court to release certain offenders on probation?
Ans) Probation is a legal term that refers to a period of time when a criminal
must behave well and not commit any more crimes in order to avoid being sent

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 CRPC Sem 5

to prison. It is a treatment device, developed as a non-custodial alternative

which is used by the magistracy where guilt is established but it is considered
that imposing of a prison sentence would do no good.
In the case of Vicky, probation is valid under the Probation of Offenders
Act, 1958. As per Section 4 of the Act, if any person is found guilty of
having committed an offense not punishable with death or imprisonment for
life and the court by which the person is found guilty is of opinion that,
having regard to the circumstances of the case including the nature of the
offence and the character of the offender, it is expedient to release him on
probation of good conduct, then, notwithstanding anything contained in any
other law for the time being in force, the court may, instead of sentencing
him at once to any punishment, direct that he be released on his entering
into a bond, with or without sureties, to appear and receive sentence when
called upon during such period, not exceeding three years, as the court may
direct and in the meantime to keep the peace and be of good behavior.
In Vicky’s case, the court found him guilty of an offense under section 380
of the IPC, which is not punishable with death or imprisonment for life. There
was no previous conviction against Vicky, and the court deemed it expedient
to release him on probation of good conduct due to the circumstances of the
case, including the nature of the offence and the character of the offender.
Therefore, the probation is valid in this case.
Powers of the court to release certain offenders on probation
Under the Probation of Offenders Act, 1958, the court has the power to
release certain offenders on probation of good conduct. This is provided
under Section 4 of the Act.
When a person is found guilty of having committed an offence not punishable
with death or imprisonment for life, and the court is of the opinion that,
considering the circumstances of the case including the nature of the offence
and the character of the offender, it is expedient to release him on probation
of good conduct, the court may, instead of sentencing him at once to any
punishment, direct that he be released on his entering into a bond, with or
without sureties.
The offender is required to appear and receive sentence when called upon
during such period, not exceeding three years, as the court may direct, and
in the meantime to keep the peace and be of good behavior. However, the
court shall not direct such release of an offender unless it is satisfied that
the offender or his surety, if any, has a fixed place of domicile or regular
occupation in the place over which the court exercises jurisdiction or in which

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the offender is likely to live during the period for which he enters into the
bond.

Q3 Mr A grievously injured with Mr B at Mumbai. Mr. B was taken to

Nashik, his native place. After long treatment. Mr. B dies in Nashik which
is the ordinary place of inquiry and trial in this case. The offense can be
tried in which court?
Ans) In this case, the offence was committed in Mumbai, where Mr. A
grievously injured Mr. B, and the consequence of the offence, which is the
death of Mr. B, occurred in Nashik. According to Section 179 of the Code
of Criminal Procedure (CrPC), when an act is an offence by any reason
committed at one place but its consequences occurred at another place, then
the offence may be inquired into or tried by any court within whose local
jurisdiction the offence was committed or the consequence ensued.
Therefore, the ordinary place of inquiry and trial in this case could be either
Mumbai or Nashik, depending on the discretion of the court.

Q4 Mr “A” is wounded in Mumbai and dies of his wound in Pune. The offence
of causing “A” s death would be enquired in 2 by which court the court in
Mumbai or Pune? What can be the solution, if both the court claims the
jurisdiction?
Ans) In this case, the offence was committed in Mumbai, where Mr “A” was
wounded, and the consequence of the offence, which is the death of Mr.
“A”, occurred in Pune. According to Section 179 of the Code of Criminal
Procedure (CrPC), when an act is an offence by any reason committed at one
place but its consequences occurred at another place, then the offence may
be inquired into or tried by any court within whose local jurisdiction the
offence was committed or the consequence ensued. Therefore, the offence
could be inquired into or tried by a court in either Mumbai or Pune, depending
on the discretion of the court.
If both the courts claim the jurisdiction, the matter can be referred to
High Court of Mumbai, who can decide about the jurisdiction, which shall be
abiding by both the courts.

Q5 Mr. A is an old father having a son who is officer fetching good salary.
Mr. A has been driven out of the house of the Son and lives with friends at
their mercy. Can a claim maintenance from his son? What provisions will be
attracted?

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Ans) Yes, Mr. A can claim maintenance from his son. In India, under Section
125 of the Code of Criminal Procedure (CrPC), both mother and father
(natural or adoptive) can claim maintenance from their child, including from
sons. This provision applies if the parents are unable to maintain themselves.
In Mr.A’s case, since he has been driven out of his son’s house and is living
with friends at their mercy, he can apply to a maintenance tribunal seeking
a monthly allowance from his son. The son, being an officer with a good
salary, is liable to provide maintenance to his father.
If the son has been ordered by the court to pay maintenance to Mr. A but
fails to do so, Mr. A can take the following steps:
a) Execution Proceedings: Mr. A can initiate execution proceedings against
his son. When the son fails to provide maintenance, Mr. A shall proceed
with execution proceedings.
b) Non-Bailable Warrants: In case of non-adherence to the court’s order,
the court can issue non-bailable warrants in the son’s name.
c) Attachment of Property: The son’s property could be attached in order to
recover the amount.
d) Criminal Proceedings: Mr. A can initiate criminal proceedings if the son
fails to comply with the order.

Q6 Mr. X Son and daughter are seeking maintenance from Mr. X. The son
is major whereas the daughter is minor and married Advise them.
Ans) In India, both the son and the daughter have the right to claim
maintenance from their father under certain conditions.
Normally a major son is not entitled for any maintenance. However, he can
claim maintenance from his father if he is physically or mentally unfit and
unable to maintain himself. The courts have also granted maintenance to a
major son in exceptional circumstances, such as when the son is still a student
and unable to maintain himself.
For the minor married daughter, she can claim maintenance from her father
if she is unable to maintain herself. The right of maintenance for the
daughter is extended until she gets married, and even after marriage, a
minor married daughter can claim for maintenance under section 125 of CrPC
if she is unable to maintain herself.

Q7 An offence is committed for which the punishment is 3 years within

what time limit cognizance for the above mentioned often should be taken?

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Ans) As per Section 468 of CRPC, for an offence that is punishable with
imprisonment for a term not exceeding three years, the period of limitation
for taking cognizance of the offence is three years. This means that the
court must take cognizance of the offence within three years of its
commission. After the expiry of this period, a court cannot take cognizance
of such offences, except where, on the basis of facts and circumstances,
the delay is explained to the court or that the extension would be in the
interests of justice.
As per Section 472 of the Code of Criminal Procedure, 1973, the period of
limitation starts from the date when the offence is committed. However, in
the case of a continuing offence, a fresh period of limitation begins to run
at every moment of time during which the offence continues.

Q8 An offence is committed for which the punishment is 1 years within

what time limit cognizance for the above mentioned often should be taken?
Ans) As per Section 468 of CRPC, for an offence that is punishable with
imprisonment for a term not exceeding one year, the period of limitation for
taking cognizance of the offence is one year. This means that the court must
take cognizance of the offence within one years of its commission. After the
expiry of this period, a court cannot take cognizance of such offences, except
where, on the basis of facts and circumstances, the delay is explained to the
court or that the extension would be in the interests of justice.
As per Section 472 of the Code of Criminal Procedure, 1973, the period of
limitation starts from the date when the offence is committed. However, in
the case of a continuing offence, a fresh period of limitation begins to run
at every moment of time during which the offence continues.

Q9 An offence is committed for which the punishment is 6 months within

what time limit cognizance for the above mentioned often should be taken?
Ans) As per Section 468 of CRPC, for an offence that is punishable with
imprisonment for a term not exceeding six months, the period of limitation
for taking cognizance of the offence is one year. This means that the court
must take cognizance of the offence within one year of its commission. After
the expiry of this period, a court cannot take cognizance of such offences,
except where, on the basis of facts and circumstances, the delay is explained
to the court or that the extension would be in the interests of justice.
As per Section 472 of the Code of Criminal Procedure, 1973, the period of
limitation starts from the date when the offence is committed. However, in

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the case of a continuing offence, a fresh period of limitation begins to run

at every moment of time during which the offence continues.

Q10 X& Y are tried for murder. X, the main accused, is convicted and
sentenced for life imprisonment. However, the court acquitted Y? The state
filed an appeal against acquittal of Y. X also filed appeal against his
conviction. Unfortunately, X&Y both died in an accident.
What is the status of appeal filed by the State against the acquittal of Y?
Ans) In India, as per Section 394 of the Code of Criminal Procedure (CrPC),
an appeal against acquittal of Y shall be dismissed/abated upon the death
of the accused because no criminal action can be taken against the dead
person.
However if the appeal is by the convicted person against his conviction (X in
our case) and the appellant dies during the pendency of the appeal, any of
his near relatives may, within thirty days of the death of the appellant, apply
to the Appellate Court for leave to continue the appeal; and if leave is
granted, the appeal shall not abate. If successful, it can remove the blot of
guilt to “X”.

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