SEPTEMBER 5, 2024

BNSS/CRPC, JUENILE JUSTICE & POCSO

SUMMARY NOTES

HEMANT PATIL.
GLC, BATCH OF 2025
 Page 1 of 95

Contents
BNSS Introduction and New Key Provisions over CrPC ...................................................................... 4
Definitions and Key Terms: ............................................................................................................... 5
Powers and Procedures:.................................................................................................................... 7
Court Structure and Jurisdiction: ...................................................................................................... 8
Preventive Measures and Security Proceedings: ............................................................................... 9
Trial and Evidence Procedures: ......................................................................................................... 9
Appeals and Revisions: ....................................................................................................................10
Victim Rights and Compensation: .....................................................................................................11
Key Aspects of BNSS: .......................................................................................................................12
Module 1: Introduction and General Provisions................................................................................14
Object, Purpose, and History of the Criminal Procedure Code .................................................................14
Discuss the object and purpose of the Criminal Procedure Code, 1973..................................................14
Explain the historical development of the Criminal Procedure Code in India...........................................14
Definitions (Section 2) ......................................................................................................................15
Define 'Cognizable Offence' and 'Non-Cognizable Offence'. ..................................................................15
What is meant by 'Complaint' under the CrPC? ..................................................................................16
Define 'Investigation' and 'Inquiry' as per the CrPC. ...........................................................................16
Constitution and Powers of Criminal and Executive Courts (Sections 6-35) ..............................................17
Explain the constitution and powers of the Court of Sessions. .............................................................17
Discuss the hierarchy and powers of criminal courts in India. ..............................................................17
Powers of Superior Officers of Police (Section 36) .................................................................................18
What are the powers of superior officers of police under Section 36 of the CrPC? ...................................18
Aid to the Magistrates and the Police (Sections 37-40) ..........................................................................19
Discuss the provisions relating to aid to the magistrates and the police. ...............................................19
Arrest of Persons (Sections 41-60) .....................................................................................................20
Explain the procedure of arrest without a warrant under Section 41. ....................................................20
What are the rights of an arrested person under the CrPC? .................................................................21
Process to Compel Appearance and Production of Things and Reciprocal Arrangements (Sections 61-105L) .22
Discuss the process to compel the appearance of persons under the CrPC. ...........................................22
Explain the provisions relating to the production of documents and other things. ...................................24
Preventive and Precautionary Measures of Security Proceedings (Sections 106-124, 129-153) ...................26
What are the preventive measures provided under the CrPC to maintain public order? ...........................26
Discuss the security proceedings under Sections 106-124. ..................................................................28
Maintenance of Wives, Children, and Parents (Sections 125-128) ...........................................................29
Explain the provisions relating to the maintenance of wives, children, and parents under Section 125. .....29
Information to the Police and their Powers to Investigate (Sections 154-176) ..........................................30
What is the procedure for filing an FIR under Section 154? .................................................................30
Discuss the powers of the police to investigate under the CrPC. ...........................................................31
Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 177-189) ...........................................33
Explain the jurisdiction of criminal courts in inquiries and trials. ..........................................................33
Cognizance of Offences and Commencement of Judicial Proceedings (Sections 190-210) ...........................34
Discuss the process of taking cognizance of offences by magistrates. ...................................................34
Explain the commencement of judicial proceedings under the CrPC......................................................36
Module 2: Charges and Trials ...........................................................................................................38
 Page 2 of 95

Charge (Sections 211-224) ................................................................................................................38

What are the essential elements of a charge under the CrPC? .............................................................38
Discuss the procedure for the alteration of charges. ...........................................................................40
Trial before Various Courts ................................................................................................................41
Explain the procedure for trial before the Court of Sessions (Sections 225-237). ...................................41
Discuss the trial of warrant cases by magistrates (Sections 238-250)...................................................43
Explain the trial of summons cases by magistrates (Sections 251-259). ...............................................44
What is a summary trial and its procedure (Sections 260-265)? ..........................................................46
Module 3: Evidence, Judgement, and Appeals ..................................................................................47
Mode of Taking Evidence and General Provisions as to Inquiries and Trials (Sections 266-352) ..................47
Discuss the mode of taking evidence in criminal trials. .......................................................................47
Explain the general provisions as to inquiries and trials under the CrPC. ...............................................51
Judgement (Sections 353-365) ..........................................................................................................53
What are the essential elements of a judgment under the CrPC? .........................................................53
Discuss the procedure for delivering a judgment................................................................................55
Appeals (Sections 372-394) ...............................................................................................................57
Explain the provisions relating to appeals under the CrPC. ..................................................................57
Discuss the process of filing an appeal against acquittal. ....................................................................59
Reference and Revision (Sections 395-405) .........................................................................................60
What is the procedure for reference and revision under the CrPC? .......................................................60
Provisions as to Bails and Bonds (Sections 436-450).............................................................................62
Discuss the provisions relating to bail and bonds under the CrPC. ........................................................62
Explain the concept of anticipatory bail.............................................................................................65
Irregular Proceedings (Sections 460-466) ............................................................................................66
What are the consequences of irregular proceedings under the CrPC? ..................................................66
Limitation for Taking Cognizance (Sections 467-473) ............................................................................67
Discuss the limitation period for taking cognizance of offences under the CrPC. .....................................67
Module 4: Juvenile Justice (Care and Protection of Children) Act, 2015 ...........................................69
Preliminary and General Principles of Care and Protection of Children (Chapters I & II) .............................69
Explain the general principles of care and protection of children under the Juvenile Justice Act. ...............69
Juvenile Justice Board (Chapter III) ....................................................................................................70
Discuss the constitution and powers of the Juvenile Justice Board. .......................................................70
Procedure in Relation to Children in Conflict with Law (Chapter IV) .........................................................71
Explain the procedure in relation to children in conflict with law. ..........................................................71
Children Welfare Committee (Chapter V) .............................................................................................73
What are the functions and powers of the Child Welfare Committee?....................................................73
Procedure in Relation to Children in Need of Care and Protection (Chapter VI) .........................................74
Discuss the procedure for dealing with children in need of care and protection. .....................................74
Rehabilitation and Social Re-integration (Chapter VII)...........................................................................76
Explain the provisions relating to the rehabilitation and social reintegration of children...........................76
Adoption (Chapter VIII) ....................................................................................................................79
Discuss the process and legal requirements for adoption under the Juvenile Justice Act. .........................79
Other Offences Against Children (Chapter IX) ......................................................................................80
What are the various offences against children under the Juvenile Justice Act? ......................................80
Miscellaneous Provisions (Chapter X) ..................................................................................................82
 Page 3 of 95

Explain the miscellaneous provisions under the Juvenile Justice Act. ....................................................82
Module 5: Protection of Children from Sexual Offences (POCSO) Act, 2012 .....................................83
Preliminary and General Principles of Care and Protection of Children (Chapter I) .....................................83
Discuss the general principles of care and protection of children under the POCSO Act. ..........................83
Sexual Offences Against Children (Chapter II)......................................................................................84
What are the various sexual offences against children under the POCSO Act?........................................84
Using Child for Pornographic Purposes and Punishment Therefor (Chapter III) .........................................86
Explain the provisions relating to the use of children for pornographic purposes. ...................................86
Abetment of and Attempt to Commit an Offence (Chapter IV) ................................................................87
Discuss the provisions relating to the abetment of and attempt to commit offences under the POCSO Act.87
Procedure for Reporting of Cases (Chapter V) ......................................................................................88
What is the procedure for reporting cases under the POCSO Act? ........................................................88
Procedures for Recording Statement of the Child (Chapter VI) ...............................................................89
Explain the procedure for recording the statement of a child under the POCSO Act. ...............................89
Special Courts (Chapter VII) ..............................................................................................................90
Discuss the establishment and functions of Special Courts under the POCSO Act. ..................................90
Procedure and Powers of Special Courts and Recording of Evidence (Chapter VIII) ...................................92
Explain the procedure and powers of Special Courts in recording evidence under the POCSO Act. ............92
Miscellaneous Provisions (Chapter IX) .................................................................................................93
Discuss the miscellaneous provisions under the POCSO Act.................................................................93
Disclaimer ..........................................................................................................................................95

Question Topic Frequency Mark Location

Allocation in Notes
Bail and its Law High 12/13 61
marks
FIR and High 12/13 29-30
Investigation marks
Procedure
Juvenile Justice Medium 12/13 69
Board Powers marks
Probation of Medium 12/13 75
Offenders Act marks
Compounding of Medium 12/13 66
Offences marks
Trial Procedures Medium 12/13 40-45
(Sessions, marks
Summary)
Appeal Process in Medium 12/13 56-58
Criminal Cases marks
Special Powers of Medium 12/13 61
High Court marks
regarding Bail
Sessions Trial and Medium 12/13 40-42
Procedure marks
 Page 4 of 95

Define 'inquiry' High 5/6 marks 15

and 'offence'
Public Prosecutor High 5/6 marks 63
and Plea
Bargaining
Rights of Arrested Low 5/6 marks 20
Person
Child in Need of Medium 5/6 marks 73
Care and
Protection
Confession before Medium 5/6 marks 50
Magistrate
Powers and Low 5/6 marks 17
Jurisdiction of
Metropolitan
Magistrate
Maintenance under Medium 5/6 marks 28
CrPC
Arrest without Medium 5/6 marks 19
Warrant and
Related Procedures

BNSS Introduction and New Key Provisions over CrPC

Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS) Act represents a significant overhaul of the criminal
procedure laws in India, replacing the long-standing Code of Criminal Procedure (CrPC). This new
legislation aims to address the inefficiencies and outdated practices in the criminal justice system,
aligning it with contemporary needs and technological advancements.
Objectives of the BNSS Act
1. Simplification of Procedures: The BNSS Act is designed to simplify legal procedures to
make the criminal justice system more accessible to the general public. This involves
reducing procedural complexities that often lead to delays and confusion. By streamlining
processes, the Act aims to expedite the delivery of justice and reduce the backlog of cases
in courts.
2. Modernization of the Criminal Justice System: A key objective of the BNSS Act is the
modernization of the criminal justice framework. This includes the integration of technology
in various stages of the criminal process. For example, the Act encourages the use of digital
evidence, electronic documentation, and video conferencing to facilitate faster and more
efficient trials. The modernization efforts are intended to bring the Indian criminal justice
system in line with global standards.
3. Strengthening Victim Rights: The BNSS Act places a strong emphasis on the rights and
protections of victims. It introduces provisions for victim compensation and ensures that
victims are given a voice in the judicial process. The Act also seeks to protect victims from
intimidation and harassment during trials, thereby making the justice system more victim-
centric.
4. Efficiency and Time-bound Justice: To address the issue of prolonged legal proceedings,
the BNSS Act sets specific time limits for various stages of the criminal process. This includes
deadlines for filing charges, completing investigations, and conducting trials. The aim is to
prevent unnecessary delays and ensure that justice is delivered in a timely manner.
5. Alignment with Constitutional Values: The BNSS Act seeks to uphold the fundamental
rights and values enshrined in the Indian Constitution. It emphasizes fair trial rights,
 Page 5 of 95

protection against arbitrary detention, and the dignity of individuals. By aligning the criminal
justice system with constitutional principles, the Act aims to ensure that justice is not only
done but is seen to be done.
6. Use of Forensic and Scientific Methods: The Act mandates the use of forensic and
scientific methods in criminal investigations, particularly for serious offences. This includes
the use of DNA analysis, fingerprinting, and other forensic techniques to improve the
accuracy and reliability of evidence. The integration of scientific methods is intended to
enhance the credibility of the judicial process and reduce the scope for wrongful convictions.

Definitions and Key Terms:

Updated Definitions under the BNSS Act
Cognizable Offence
 Definition: A cognizable offence is one for which a police officer has the authority to make
an arrest without a warrant and to start an investigation with or without the permission of a
court.
 Key Changes: The BNSS Act may have refined the scope or examples of cognizable
offences, emphasizing the need for prompt action by law enforcement to ensure public safety
and order. It likely continues the tradition of classifying serious offences such as murder,
rape, and kidnapping as cognizable.
Non-Cognizable Offence
 Definition: A non-cognizable offence is one for which a police officer does not have the
authority to arrest without a warrant and cannot start an investigation without the
permission of a magistrate.
 Key Changes: The BNSS Act might have updated the list of non-cognizable offences or
adjusted the procedural requirements for handling such cases to streamline judicial
processes. These typically include less serious offences like defamation, public nuisance, and
minor assault.
Complaint
 Definition: A complaint is any allegation made orally or in writing to a magistrate, with a
view to his taking action under the Code, that some person, whether known or unknown,
has committed an offence.
 Key Changes: The BNSS Act might have introduced changes to the complaint process,
possibly incorporating digital submission methods or clarifying the procedural steps for filing
and processing complaints to enhance accessibility and efficiency.
Implications of Changes
 Procedural Efficiency: The BNSS Act likely aims to make the criminal justice process more
efficient by clarifying and updating these definitions, ensuring that law enforcement and
judicial actions are swift and appropriate.
 Technological Integration: There may be an emphasis on using technology in filing
complaints and managing cases, reflecting a modern approach to criminal justice.
 Victim-Centric Approach: By refining these definitions, the BNSS Act potentially
strengthens the focus on victim rights and ensures that victims have clear and accessible
pathways to seek justice.
Cognizable Offence
 Definition: A cognizable offence is one for which a police officer has the authority to make
an arrest without a warrant and to start an investigation with or without the permission of a
court.
 Key Changes: The BNSS Act may have refined the scope or examples of cognizable
offences, emphasizing the need for prompt action by law enforcement to ensure public safety
and order. It likely continues the tradition of classifying serious offences such as murder,
rape, and kidnapping as cognizable.
Non-Cognizable Offence
 Definition: A non-cognizable offence is one for which a police officer does not have the
authority to arrest without a warrant and cannot start an investigation without the
permission of a magistrate.
 Key Changes: The BNSS Act might have updated the list of non-cognizable offences or
adjusted the procedural requirements for handling such cases to streamline judicial
 Page 6 of 95

processes. These typically include less serious offences like defamation, public nuisance, and
minor assault.
Complaint
 Definition: A complaint is any allegation made orally or in writing to a magistrate, with a
view to his taking action under the Code, that some person, whether known or unknown,
has committed an offence.
 Key Changes: The BNSS Act might have introduced changes to the complaint process,
possibly incorporating digital submission methods or clarifying the procedural steps for filing
and processing complaints to enhance accessibility and efficiency.
Implications of Changes
 Procedural Efficiency: The BNSS Act likely aims to make the criminal justice process more
efficient by clarifying and updating these definitions, ensuring that law enforcement and
judicial actions are swift and appropriate.
 Technological Integration: There may be an emphasis on using technology in filing
complaints and managing cases, reflecting a modern approach to criminal justice.
 Victim-Centric Approach: By refining these definitions, the BNSS Act potentially
strengthens the focus on victim rights and ensures that victims have clear and accessible
pathways to seek justice.
Bail:
 Definition: Bail refers to the release of a person accused or suspected of committing an
offence from legal custody, contingent upon certain conditions imposed by a court or officer.
This release is secured through the execution of a bond or bail bond.
 Significance: The BNSS Act aims to streamline the bail process, potentially incorporating
electronic applications and structured decision-making to ensure fair and timely access to
bail.
Bail Bond:
 Definition: A bail bond is an undertaking involving surety, ensuring the accused's
compliance with the conditions of bail.
 Significance: The Act clarifies the requirements and conditions for bail bonds, ensuring
they are equitable and reflective of the accused's financial capacity.
Bond:
 Definition: A bond is a personal undertaking for release without surety.
 Significance: This provision allows for the release of individuals without the need for a
financial guarantor, facilitating access to justice for those who may not afford sureties.
Electronic Record:
 Definition: An electronic record encompasses data, information, or documents created,
stored, or transmitted electronically.
 Significance: Recognizing electronic records ensures that digital evidence is accorded the
same legal validity as physical documents, promoting the use of technology in legal
proceedings.
Forensic Evidence:
 Definition: Forensic evidence includes scientific data and analysis used in criminal
investigations, such as DNA and fingerprint analysis.
 Significance: The Act mandates the use of forensic evidence in serious offences, enhancing
the accuracy and reliability of criminal investigations.
Digital Signature:
 Definition: A digital signature is an electronic signature using cryptographic techniques to
verify the authenticity and integrity of a digital document.
 Significance: By recognizing digital signatures, the Act facilitates secure electronic
transactions and communications, ensuring digital documents are legally binding.
Victim Impact Statement:
 Definition: A victim impact statement is a written or oral statement presented by the victim,
detailing the crime's impact on their life.
 Significance: Including victim impact statements underscores the importance of
considering the victim's perspective in the judicial process, potentially influencing sentencing
decisions.
Restorative Justice:
 Page 7 of 95

 Definition: Restorative justice focuses on repairing harm caused by criminal behavior

through reconciliation between the victim and offender.
 Significance: The Act's recognition of restorative justice reflects a shift towards more
holistic and rehabilitative approaches, emphasizing healing and community involvement.
Cybercrime:
 Definition: Cybercrime involves criminal activities conducted via the internet, such as
hacking and online fraud.
 Significance: By defining cybercrime, the Act acknowledges the growing threat of digital
offences and the need for specialized legal frameworks to address these challenges
effectively.

Powers and Procedures:

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces significant updates to the legal
framework governing police powers, arrest procedures, and investigation methods. Below is an
overview of these updates, particularly concerning forensic investigation requirements, police
powers, and procedural aspects:
Police Powers
The BNSS 2023 has retained many provisions from previous criminal laws, but it adds clarity and
specificity in terms of police responsibilities. Key changes include:
1. Powers of Arrest:
o A police officer can arrest individuals without a warrant in cases where credible
information is received or if reasonable suspicion exists (Section 8). However,
specific safeguards are in place for arresting women, older persons (above 60 years),
and physically/mentally disabled persons, ensuring compliance with human rights.
o Officers arresting a person without a warrant must inform them of the grounds for
arrest and that they are entitled to bail for bailable offenses (Section 47).
2. Use of Force: The police are authorized to use necessary force to effectuate an arrest or
prevent the escape of the arrested individual. However, the force used should be
proportionate, and handcuffing is allowed only in cases of habitual offenders or when dealing
with serious crimes like terrorism, organized crime, or human trafficking.
3. Arrest and Custody Procedures: The officer in charge must ensure that arrests are carried
out with transparency, including providing information about the arrested person to their
relatives and informing them of their rights. Police officers must also document the arrest in
a memorandum attested by witnesses.
Arrest Procedures:
The BNSS outlines clear steps to protect the rights of the arrested and regulate the role of the police:
1. Memorandum of Arrest: Upon arrest, police must prepare a memorandum of arrest, which
should be attested by a family member or a witness. This ensures that the arrest is
documented and verified.
2. Special Safeguards for Women: No woman can be arrested after sunset or before sunrise,
except under exceptional circumstances, which require the police officer to obtain prior
permission from a magistrate.
3. Custodial Care: The police officer is responsible for ensuring the safety and health of the
person in custody.
Investigation Methods and Forensic Mandates
The BNSS 2023 emphasizes modernizing investigation techniques by mandating the inclusion of
forensic investigation for serious crimes, ensuring a more scientific approach to law enforcement:
1. Mandatory Forensic Examination: In cases involving offenses punishable by
imprisonment of seven years or more, the officer in charge of the police station must ensure
that a forensic expert visits the crime scene to collect evidence. The process must also be
documented using video recording, making forensic evidence an integral part of
investigations.
2. Videography: The BNSS mandates the use of videography during searches, seizures, and
forensic examinations to ensure transparency and accuracy. This includes the recording of
statements, particularly in sensitive cases such as sexual offenses.
3. Submission of Forensic Evidence: Reports from forensic experts, including those from
various forensic labs and scientific experts (e.g., fingerprint experts), may be used as
evidence during trials. Courts can also summon these experts for examination.
 Page 8 of 95

4. Supervision of Investigation: Senior officers are required to supervise investigations in

serious cases to ensure that forensic and other investigative measures are properly
implemented. This hierarchical oversight helps maintain accountability during the
investigation process.

Court Structure and Jurisdiction:

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduces a modernized hierarchy and
jurisdiction of courts, building upon earlier structures while addressing contemporary needs. Here
are the key updates and changes:
Hierarchy of Courts:
1. Classes of Criminal Courts:
o The BNSS 2023 retains the traditional hierarchy of criminal courts with four main
levels:
 Courts of Session: The highest court within a district for criminal matters.
 Judicial Magistrates of the First Class: Magistrates dealing with more
serious criminal cases.
 Judicial Magistrates of the Second Class: Lower magistrates with
jurisdiction over less severe cases.
 Executive Magistrates: Primarily responsible for administrative and
executive functions.
2. Special Courts:
o The State Government, in consultation with the High Court, can establish Special
Courts to handle particular types of cases or specific cases of significance within
local areas. These courts can replace regular courts in their jurisdiction over specified
cases.
3. Sessions Courts:
o Every district or session division shall have a Court of Session, which is presided
over by a Sessions Judge, appointed by the High Court. The High Court may also
appoint Additional Sessions Judges to assist and preside over matters in this
court.
o In cases where a Sessions Judge’s position is vacant, urgent applications can be
handled by an Additional Sessions Judge or, in their absence, by the Chief Judicial
Magistrate.
4. Chief Judicial Magistrates (CJM):
o Every district will have a Chief Judicial Magistrate, who oversees the
administration of justice and the work of subordinate judicial magistrates. The High
Court can appoint Additional Chief Judicial Magistrates as needed.
5. Sub-Divisional Magistrates:
o A Sub-Divisional Magistrate may be appointed in sub-divisions within districts to
relieve certain administrative burdens from Chief Judicial Magistrates and to
supervise the work of Judicial Magistrates within the sub-division.
Jurisdiction of Courts:
1. Place of Trial:
o Offenses are generally tried in the court that has jurisdiction over the area where
the crime occurred. This remains unchanged under BNSS.
o For offenses committed in multiple jurisdictions (e.g., continuing offenses, offenses
affecting multiple local areas), the case may be tried in any court that has jurisdiction
over any of the local areas involved.
2. Trial of Offenses Committed Outside Local Jurisdictions:
o BNSS allows a Magistrate of the First Class to inquire into offenses committed
outside their jurisdiction, as long as the accused is present within their jurisdiction.
o Specific provisions are made for offenses committed outside India by Indian
citizens or on Indian-registered ships or aircraft. These offenses may be tried in
Indian courts under certain conditions.
3. Electronic Proceedings:
o A significant modernization in the BNSS is the allowance for trials, inquiries, and
other court proceedings to be conducted using electronic communication and
audio-visual means, where applicable. This marks an important shift towards
digitization and efficiency in handling legal matters.
 Page 9 of 95

4. Special Jurisdiction:
o In matters where the offense is committed through electronic communication or
during a journey, BNSS provides flexibility in determining the place of trial. The trial
may be held in courts where the communication was sent/received, or where the
crime was committed during travel.

Preventive Measures and Security Proceedings:

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 includes detailed provisions to ensure
the maintenance of public order and addresses various situations that may pose a threat to public
peace and security. Key provisions are outlined below:
Maintenance of Public Order and Tranquillity
1. Handling Unlawful Assemblies
 Section 148: Any Executive Magistrate or police officer of rank Sub-Inspector or
higher has the power to command an unlawful assembly of five or more persons to
disperse if the assembly poses a disturbance to public peace. Failure to comply with such
an order empowers the officer to use reasonable force to disperse the crowd.
 Section 149: If the unlawful assembly is not dispersed, and if public security is at risk,
the District Magistrate or an authorized Executive Magistrate may order the use of
armed forces to disperse the assembly.
2. Use of Armed Forces in Critical Situations
 Section 150: If public security is endangered and an Executive Magistrate is
unavailable, commissioned or gazetted officers of the armed forces are authorized to
disperse the assembly with their forces. However, if communication with an Executive
Magistrate becomes possible, the officer must follow the Magistrate's instructions.
3. Protection for Officers Acting in Good Faith
 Section 151: Officers acting in good faith under the provisions for dispersing assemblies
or using force (Sections 148-150) are protected from prosecution, provided their actions
were within the scope of law.

Prevention of Public Nuisances and Immediate Threats

 Section 152: An Executive Magistrate may issue orders for the removal of any unlawful
obstructions, nuisances, or public safety threats from public places or rivers/channels used
by the public. This includes regulating trades or occupations that are hazardous to public
health or safety.
 Section 153: The orders of an Executive Magistrate regarding the removal of public
nuisances or obstruction can be served in person or proclaimed publicly to ensure that those
responsible comply with the Magistrate's directions.
4. Emergency Situations
 Section 163: In cases where urgent action is necessary to prevent imminent danger or
injury, a District Magistrate or Executive Magistrate can issue written orders, even
ex parte, to stop harmful activities. This applies in situations where public health, safety,
or tranquillity is at risk.
Security for Keeping Peace and Good Behaviour
 Sections 125-142 focus on the mechanisms of requiring individuals to provide security
(bonds or bail) to ensure they maintain public peace or good behaviour. These provisions
can be invoked by the Court of Session or Magistrates when there is credible information
that an individual may breach the peace or engage in harmful activities.
Dispute Resolution over Immovable Property
 Section 164 empowers the Executive Magistrate to take steps to prevent disputes
over immovable property that may lead to breaches of peace. The Magistrate can issue
temporary orders until the matter is settled in a competent court.

Trial and Evidence Procedures:

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 modifies trial procedures, evidence
collection, and judgment delivery to align with modern standards, incorporating several updates to
improve efficiency, transparency, and fairness in criminal proceedings. Key changes are outlined
below:
1. Trial Procedures
 Page 10 of 95

 Day-to-Day Trial Continuation: Under Section 346, the BNSS mandates that
inquiries and trials proceed on a day-to-day basis until all witnesses in attendance have
been examined. The Court may adjourn the trial only if it finds necessary reasons to do
so, which must be recorded. If a trial relates to certain serious offenses, such as those
under Sections 64-71 of the Bharatiya Nyaya Sanhita (related to terrorism, organized
crime, etc.), the inquiry or trial must be completed within two months from the filing of
the chargesheet.
 Electronic Means for Trials: The BNSS allows for the personal attendance of the
accused to be dispensed with in certain cases where audio-video means are sufficient.
Section 355 provides that if an accused disturbs court proceedings or if their presence
is not deemed necessary, the Judge or Magistrate may proceed without the accused,
provided the accused is represented by an advocate.
2. Evidence Collection
 Forensic and Electronic Evidence:
o Section 328 allows reports from forensic experts, mint officials, and other
scientific departments to be used as evidence without requiring these officers to
be physically present in court. This provision expedites trials by permitting
scientific reports from expert agencies to be admitted without unnecessary
delay.
o Forensic reports are considered valid evidence, provided the expert’s findings
are submitted in writing. If necessary, the court may summon the expert, but
this is not mandatory.
 Audio-Video Recording of Witness Testimonies:
o The BNSS introduces the use of audio-video electronic means for recording
witness depositions, ensuring transparency and accuracy. Witnesses can be
examined and cross-examined electronically, enhancing the efficiency of trials.
o Depositions of public servants, such as police officers and forensic experts, may
also be taken electronically, reducing the need for their physical presence in
court.
3. Judgment Delivery
 Pronouncement of Judgment:
o Section 392 of the BNSS specifies that judgments must be pronounced in open
court within 45 days of the conclusion of the trial. The judgment may be
delivered in full or by reading the operative part and explaining it to the accused
in a language they understand. If the judgment is not delivered immediately,
prior notice must be given to the parties.
o If the accused is in custody, the judgment can be pronounced in their presence
or through audio-video means. If the accused is not in custody, they must attend
the judgment hearing unless their presence has been previously waived.
 Language and Content of Judgment: Section 393 requires judgments to be written
in the court's language, clearly stating the points for determination, the decision, and
the reasons for the decision. In cases of conviction, the specific offense and punishment
must be indicated. If an acquittal is granted, the judgment must state the offense for
which the accused is acquitted and order their release.

Appeals and Revisions:

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduces several changes to the
appellate process, ensuring a more streamlined and fair approach to handling appeals in criminal
matters. Below are the key updates:
1. Petition of Appeal
 Section 423: Every appeal must be made in the form of a written petition by the appellant
or their advocate, accompanied by a copy of the judgment or order appealed against. If the
appellant is in jail, the petition can be submitted through the officer in charge of the jail.
 Section 425: The appellate court, after examining the petition, may dismiss it summarily if
it finds no sufficient grounds for interference, but only after giving the appellant or their
advocate a reasonable opportunity to be heard.
2. Hearing and Dismissal of Appeals
 Page 11 of 95

 Section 426: If the court does not dismiss the appeal summarily, it must notify the
appellant, the relevant state officials, the complainant (in case of conviction appeals), and
the accused, providing them with the grounds of appeal and setting the time and place for
the hearing.
 The appellate court can dismiss the appeal after hearing the appellant, the public prosecutor,
and the accused, but only if no sufficient grounds for interference are found.
3. Powers of the Appellate Court
 Section 427 grants the appellate court broad powers to:
o Reverse acquittals and order retrials.
o Reverse or alter convictions and sentences, including reducing or enhancing
sentences.
o Alter or reverse other orders, ensuring that the appellate court can make necessary
amendments or incidental orders to serve justice.
 The court cannot enhance a sentence without giving the accused an opportunity to show
cause against such enhancement.
4. Additional Evidence in Appeals
 Section 432 provides that the appellate court may call for additional evidence or direct its
collection if necessary. The accused or their advocate has the right to be present when such
additional evidence is taken. This ensures that all necessary facts are considered during the
appeal.
5. Finality and Abatement of Appeals
 Section 434 establishes that appellate court decisions are final except in cases where an
appeal against acquittal or an appeal for enhancement of sentence is presented. Appeals
abate on the death of the appellant, except in cases where near relatives continue the appeal
after the appellant's death.
6. Suspension of Sentence Pending Appeal
 Section 430 allows the appellate court to suspend the execution of the sentence or release
the appellant on bail during the appeal. For serious offenses, like those punishable by death
or life imprisonment, the public prosecutor must be given an opportunity to show cause
against the release on bail.
7. Appeals in Acquittal Cases
 Section 419 provides that the District Magistrate can direct the public prosecutor to present
an appeal against an acquittal in a non-bailable and cognizable offense, with similar powers
granted to the State Government for High Court appeals.
 Such appeals must be filed within specified timelines, and the High Court may refuse to
entertain an appeal without sufficient cause.
8. Judgment Delivery in Appeals
 Section 428 states that the rules applicable to original judgments are also applicable to
judgments delivered by appellate courts. The accused is not required to attend the
pronouncement of judgment unless directed otherwise by the appellate court.

Victim Rights and Compensation:

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduces significant enhancements in
victim rights and compensation schemes, providing stronger protections and streamlined processes
to ensure justice and rehabilitation for victims of crimes. Below are the key updates:
1. Compensation Orders by Courts
 Section 395 provides that a court, while sentencing an offender, may order compensation
to be paid to victims or their dependents who have suffered any loss or injury due to the
offense. The compensation can be applied to defray expenses of prosecution, pay for
damages from a death, or compensate victims of theft or other property-related crimes.
 Even if a fine is not part of the sentence, the court can order compensation to the victim
under this provision.
2. Victim Compensation Scheme
 Section 396 mandates that every State Government, in coordination with the Central
Government, prepare a Victim Compensation Scheme. This scheme will provide funds for
compensating victims or their dependents who have suffered loss or injury and require
rehabilitation.
 Page 12 of 95

 The District Legal Services Authority (DLSA) or the State Legal Services Authority
(SLSA) will decide the amount of compensation when the court recommends it. If the
compensation awarded at the conclusion of the trial is deemed inadequate or if the offender
is acquitted but the victim still requires rehabilitation, the court can recommend further
compensation.
 In cases where the offender is not identified, but the victim is, the victim or their dependents
can directly apply to the DLSA or SLSA for compensation.
3. Timely Payment and Interim Relief
 The authorities are required to decide on the compensation within two months of receiving
a recommendation or an application. To alleviate the suffering of the victim, immediate first-
aid or medical facilities can be ordered free of cost by the police officer or magistrate in
charge, even before the compensation is fully determined.
4. Medical Treatment for Victims
 Section 397 mandates that all hospitals, whether public or private, must immediately
provide free first-aid or medical treatment to victims of certain serious offenses, including
rape, human trafficking, and sexual assault. The hospitals must also immediately inform the
police of the incident to ensure prompt investigation.
5. Witness Protection and Rehabilitation
 Section 398 requires every State Government to prepare a Witness Protection Scheme,
aiming to safeguard witnesses in sensitive cases. This includes ensuring the safety and
protection of those who may face intimidation or harm due to their involvement in legal
proceedings.

Key Aspects of BNSS:

1. Technology Use in Investigations
 Mandatory Forensic Examination: Section 176(3) mandates the involvement of
forensic experts in investigations involving serious offenses (punishable by seven years or
more). The presence of forensic experts ensures the use of scientific techniques to collect
and analyze evidence. This step reinforces the shift towards evidence-based investigations
and enhances the reliability of collected data.
 Videography and Audio-Video Evidence: Section 185 expands the use of videography
to searches, seizures, and the collection of crucial evidence at crime scenes. This
requirement, especially in sensitive or high-stakes cases, guarantees accountability and
reduces the possibility of evidence tampering or wrongful accusations. Videographic records
of confessions, statements, and evidence collection are admissible in court to create a
transparent, verifiable chain of custody.
 Use of Digital Documents and Electronic Records: The BNSS explicitly recognizes
electronic records and documents as admissible evidence in criminal trials. This includes
digital evidence such as emails, SMS, mobile data, CCTV footage, and internet-based
communications. By integrating provisions from the Information Technology Act, 2000,
the BNSS modernizes evidence handling and provides clear guidelines on the admissibility
of digital evidence.
 Electronic Communication for Warrants and Summons: The BNSS facilitates the
issuance and service of warrants and summons through encrypted electronic
communication. Courts and law enforcement agencies can issue electronic summons,
ensuring faster, more efficient judicial processes without the need for physical delivery,
especially in situations involving remote or international parties.
 Digital Collection and Storage of Evidence: Law enforcement agencies are required to
digitally store evidence, which must be submitted in court during the trial. This includes
biometric data, fingerprints, and DNA evidence collected using modern scientific techniques.
The use of blockchain-based evidence tracking could be implemented to further enhance
the integrity and traceability of evidence.
2. Time-Bound Trials
 Statutory Deadlines for Filing Chargesheets: The BNSS mandates that chargesheets
in serious criminal cases must be filed within a specific time frame—typically 90 days for
offenses punishable with imprisonment of more than seven years and 60 days for other
offenses. Failure to meet this deadline could entitle the accused to bail, promoting
accountability within law enforcement agencies.
 Page 13 of 95

 Expeditious Proceedings for Vulnerable Groups: Special provisions ensure that cases
involving women, children, and marginalized communities are dealt with in an
expedited manner. Section 358 ensures that the testimonies of vulnerable witnesses,
including children and sexual violence survivors, are recorded at the earliest possible stage
through audio-video means to prevent delays and minimize the trauma of multiple court
appearances.
 Fast-Tracking of Appeals and Revisions: The BNSS incorporates timelines for the
appellate process, ensuring that appeals, especially in cases involving public interest,
terrorism, and organized crime, are fast-tracked through dedicated appellate
benches. This includes guidelines for courts to minimize adjournments and avoid
unnecessary delays in appeal hearings.
 Time Limits on Police Investigations: The BNSS places strict time limits on police
investigations, especially for cases involving economic offenses, cybercrimes, and
financial frauds. Investigations into such crimes must be concluded within specific periods
to prevent prolonged investigations from impeding justice.
 Special Courts for Time-Sensitive Cases: The Act introduces the concept of Special
Courts designated for handling cases that require urgent attention or involve offenses of
public importance. These courts are tasked with adjudicating matters like terrorism,
human trafficking, and drug offenses on a priority basis. The fast-track mechanism
ensures that the rights of the victims and the accused are balanced against the demand for
swift justice.
3. Additional Procedural Safeguards
 Automatic Case Monitoring: The BNSS requires the establishment of an automated case
monitoring system to track the progress of criminal trials and investigations. Courts,
prosecution agencies, and law enforcement officers will have access to real-time updates on
the status of cases, ensuring transparency and accountability. This system can be integrated
with e-courts and digital case management platforms.
 Accountability for Delays: Section 348 introduces mechanisms to hold judicial officers
accountable for unwarranted delays in trial proceedings. Courts must provide clear
justifications for delays in recording evidence, issuing judgments, or resolving cases, and
periodic reviews by higher judicial authorities will be required in cases that experience
significant delays.
 Sanctions for Non-Compliance: In the event of failure to comply with time-bound trial
procedures or forensic investigation mandates, the BNSS empowers the courts to impose
sanctions on investigating officers or legal professionals responsible for the delay. These
sanctions could range from fines to disciplinary actions, depending on the severity of the
non-compliance.

BNSS
New Key Provisions in BNSS CrPC Section Repealed
Section
Definitions including "audio-video electronic
Section 2 Section 2 (Definitions)
means," "bail," and "cognizable offence"
Section 6 (Classes of Criminal
Section 6 Constitution of Criminal Courts
Courts)
Section 14 (Local jurisdiction of
Section 12 Local jurisdiction of Magistrates
Judicial Magistrates)
Section 105B (Assistance in
Section 114 Assistance in securing transfer of persons
securing transfer of persons)
Section 106 (Security for keeping
Section 125 Security for keeping peace on conviction
the peace on conviction)
Section 125 (Order for
Order for maintenance of wives, children, and
Section 144 maintenance of wives, children
parents
and parents)
Section 129 (Dispersal of
Section 148 Dispersal of unlawful assembly
assembly by use of civil force)
Section 154 (Information in
Section 173 Information to police and powers to investigate
cognizable cases)
Section 190 (Cognizance of
Section 210 Cognizance of offences by Magistrate
offences by Magistrates)
 Page 14 of 95

Module 1: Introduction and General Provisions

Object, Purpose, and History of the Criminal Procedure Code
Discuss the object and purpose of the Criminal Procedure Code, 1973.
The Object and Purpose of the Criminal Procedure Code, 1973 The Code of Criminal Procedure, 1973
(CrPC) is the primary law that governs the procedures related to the administration of criminal
justice in India. The main object and purpose of the CrPC are:
1. Consolidation and Codification: The CrPC was enacted to consolidate and codify the laws
related to criminal procedure in India. Prior to 1973, the criminal procedure was governed
by the Code of Criminal Procedure, 1898, which had undergone numerous amendments over
the years. The CrPC, 1973 aimed to bring all the relevant provisions under one
comprehensive code.
2. Ensuring Fair Trial: A key purpose of the CrPC is to ensure a fair trial for the accused by
providing them with certain rights and safeguards, such as the right to be informed of the
grounds of arrest, the right to be produced before a magistrate within 24 hours, the right to
bail, the right to be defended by a lawyer, etc.
3. Balancing Interests: The CrPC seeks to balance the interests of the society in the
prevention and punishment of crime, and the rights of the individual. It provides a framework
to investigate crimes, collect evidence, arrest and prosecute the accused, and ensure a fair
trial.
4. Efficient Administration of Criminal Justice: The CrPC aims to establish an efficient
system for the administration of criminal justice by defining the powers and jurisdictions of
various criminal courts, police officers, and other authorities involved in the criminal justice
process.
5. Victim Protection: The CrPC has been amended over the years to incorporate provisions
for the protection of victims and witnesses, such as the right to be heard, the right to engage
a lawyer, and the right to receive compensation.
Towards a New Criminal Procedure Code: The Bharatiya Nagarik Suraksha Sanhita, 2023 The
Government of India has recently proposed a new criminal procedure code, called the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), which is intended to replace the existing CrPC, 1973. The
BNSS is currently in the draft stage and is slated to come into force on July 1, 2024. The key
objectives of the proposed BNSS include:
1. Simplification and Modernization: The BNSS aims to simplify the criminal justice process
and make it more responsive to the needs of modern times.
2. Strengthening Victim Rights: The BNSS seeks to enhance the rights and protections
afforded to victims of crime, including the right to participate in the proceedings and receive
compensation.
3. Improving Efficiency: The BNSS proposes various measures to improve the efficiency of
the criminal justice system, such as the use of technology, time-bound trials, and better
coordination between different agencies.
4. Aligning with Constitutional Values: The BNSS is intended to align the criminal justice
system more closely with the principles and values enshrined in the Constitution of India.
Once the BNSS comes into effect, it will replace the existing CrPC, 1973 and bring about significant
changes in the criminal justice landscape of India.

Explain the historical development of the Criminal Procedure Code in India.

The historical development of the Criminal Procedure Code in India can be traced as follows:
1. Pre-Independence Era:
o The first comprehensive criminal procedure law in India was the Code of Criminal
Procedure, 1861, which was based on the recommendations of the Indian Law
Commission.
o This was later replaced by the Code of Criminal Procedure, 1872, which introduced
several changes, including the separation of the executive and judicial functions of
Magistrates.
o The Code of Criminal Procedure, 1898 was the next major revision, which
consolidated and amended the law relating to the procedure to be followed in
criminal cases. This Code remained in force until 1973.
2. Post-Independence Developments:
o After India's independence in 1947, the need for a comprehensive review of the
criminal justice system was felt, given the changing social and political landscape.
 Page 15 of 95

o The Law Commission of India was tasked with this review, and it submitted its 41st
Report in 1969, recommending a complete overhaul of the criminal procedure law.
o Based on the Law Commission's recommendations, the Code of Criminal Procedure,
1973 was enacted and came into force on April 1, 1974, replacing the earlier Code
of 1898.
3. Key Features of the Code of Criminal Procedure, 1973:
o Consolidation and Codification: The CrPC, 1973 aimed to consolidate and codify the
laws related to criminal procedure in India.
o Ensuring Fair Trial: The CrPC provides various rights and safeguards for the accused
to ensure a fair trial.
o Balancing Interests: The CrPC seeks to balance the interests of society in preventing
and punishing crime, and the rights of the individual.
o Efficient Administration of Criminal Justice: The CrPC establishes an efficient system
for the administration of criminal justice by defining the powers and jurisdictions of
various criminal courts and authorities.
o Victim Protection: The CrPC has been amended over the years to incorporate
provisions for the protection of victims and witnesses.
4. Proposed Reforms:
o The Government of India has recently proposed a new criminal procedure code,
called the Bharatiya Nagarik Suraksha Sanhita, 2023, which is intended to replace
the existing CrPC, 1973.
o The BNSS aims to simplify the criminal justice process, strengthen victim rights,
improve efficiency, and align the criminal justice system more closely with the
principles and values of the Constitution of India.
In summary, the Criminal Procedure Code in India has evolved over time, with the CrPC, 1973 being
the current governing statute, and the proposed BNSS, 2023 aiming to bring further reforms to the
criminal justice system
Definitions (Section 2)
Define 'Cognizable Offence' and 'Non-Cognizable Offence'.
Cognizable Offence: According to Section 2(c) of the Code of Criminal Procedure, 1973 (CrPC), a
"cognizable offence" means an offence for which, and "cognizable case" means a case in which, a
police officer may, in accordance with the First Schedule or under any other law for the time being
in force, arrest without warrant. The key aspects of cognizable offences are:
1. Serious Nature: Cognizable offences are generally more serious in nature, such as murder,
rape, kidnapping, theft, etc. They are punishable with imprisonment of 3 years or more.
2. Police Powers: In cognizable cases, the police have the power to arrest the accused without
a warrant and can also start the investigation without the permission of the court.
3. Mandatory FIR: The police are mandated to register a First Information Report (FIR) in
case of a cognizable offence under Section 154 of the CrPC.
4. Speedy Investigation: Cognizable offences require prompt action by the police, and the
investigation is usually more extensive compared to non-cognizable offences.
5. No Compromise: Cognizable offences do not have provisions for compromise between the
parties involved, as they are considered to be offences against society.
Non-Cognizable Offence: According to Section 2(l) of the CrPC, a "non-cognizable offence" means
an offence for which, and "non-cognizable case" means a case in which, a police officer has no
authority to arrest without warrant. The key aspects of non-cognizable offences are:
1. Less Serious Nature: Non-cognizable offences are relatively less serious in nature, such
as defamation, public nuisance, minor assaults, etc. They are generally punishable with
imprisonment of less than 3 years.
2. Police Powers: In non-cognizable cases, the police cannot arrest the accused without a
warrant and cannot start the investigation without the permission of the court.
3. Complaint-based: Non-cognizable offences are usually complaint-based, and the police
can only initiate an investigation after the magistrate grants permission.
4. Compromise Possible: Non-cognizable offences provide room for compromise and
resolution between the parties involved, as they are considered to have a lesser impact on
society.
5. Magistrate's Role: In non-cognizable cases, the magistrate plays a more active role in the
proceedings, including the power to dismiss the complaint under Section 203 of the CrPC.
The distinction between cognizable and non-cognizable offences is crucial as it determines the
powers and responsibilities of the police, the procedures to be followed, and the overall approach to
the criminal justice system.
 Page 16 of 95

What is meant by 'Complaint' under the CrPC?

According to Section 2(h) of the Code of Criminal Procedure, 1973 (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." The key aspects of the definition of 'complaint' under the CrPC are:
1. Allegation of an Offence: A complaint involves an allegation that some person has
committed an offence. This allegation can be made either orally or in writing.
2. Made to a Magistrate: The allegation must be made to a Magistrate, with the intention of
the Magistrate taking action under the CrPC.
3. Excludes Police Report: The definition specifically excludes a police report from the ambit
of a 'complaint'. A police report, which discloses the commission of a non-cognizable offence,
is deemed to be a complaint, and the police officer making the report is deemed to be the
complainant.
4. Known or Unknown Accused: The definition covers cases where the identity of the person
who has committed the offence is known, as well as cases where the accused is unknown.
The distinction between a 'complaint' and a 'police report' is important, as it determines the
procedure to be followed. In the case of a complaint, the Magistrate has to apply his mind and decide
whether to take cognizance of the offence. Whereas in the case of a police report, the Magistrate is
bound to take cognizance if the report discloses the commission of a cognizable offence.
Furthermore, the CrPC provides for different procedures to be followed in complaint cases and cases
instituted on a police report. For example, the Magistrate has the power to dismiss a complaint at
the initial stage if no prima facie case is made out, whereas such a power is not available in cases
instituted on a police report. In summary, the definition of 'complaint' under the CrPC is
comprehensive and clearly distinguishes it from a police report, thereby determining the applicable
procedure to be followed by the Magistrate in each case.
Define 'Investigation' and 'Inquiry' as per the CrPC.
Definition of 'Investigation' under the Code of Criminal Procedure, 1973 (CrPC): According to Section
2(h) of the CrPC, "investigation" includes all the proceedings under this Code for the collection of
evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized
by a Magistrate in this behalf. The key aspects of the definition of 'investigation' under the CrPC are:
1. Conducted by Police Officer or Authorized Person: The investigation can be carried out
by a police officer or any other person authorized by a Magistrate, but not by the Magistrate
themselves.
2. Collection of Evidence: The primary purpose of the investigation is the collection of
evidence related to the alleged offense.
3. Proceedings under the CrPC: The investigation includes all the proceedings under the
CrPC for the collection of evidence, such as recording statements of witnesses, search and
seizure, etc.
Example: If a murder is reported, the police officer in charge of the police station will initiate an
investigation. This will involve visiting the crime scene, examining the body, recording statements
of witnesses, collecting forensic evidence, and taking other necessary steps to gather evidence that
can be used to identify and prosecute the perpetrator.
Significant Changes in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The BNSS
retains the definition of 'investigation' as provided in the CrPC. However, it introduces the following
changes:
1. Mandatory Forensic Investigation: The BNSS mandates forensic investigation for
offenses punishable with at least seven years of imprisonment. Forensic experts will be
required to visit the crime scene, collect evidence, and record the process using mobile
phones or other electronic devices.
2. Timelines for Procedures: The BNSS prescribes specific timelines for various investigative
procedures, such as the submission of medical reports, informing victims of the progress of
investigations, and framing of charges by sessions courts.
3. Use of Technology: The BNSS emphasizes the use of technology in the investigation
process, including the mandatory recording of search and seizure procedures through audio-
video electronic means.
These changes in the BNSS aim to enhance the efficiency, transparency, and effectiveness of the
investigation process, while also ensuring the protection of the rights of both the accused and the
victims.

Definition of 'Inquiry' under the Code of Criminal Procedure, 1973 (CrPC): According to Section 2(g)
of the CrPC, "inquiry" means "every inquiry, other than a trial, conducted under this Code by a
Magistrate or Court." The key aspects of the definition of 'inquiry' under the CrPC are:
 Page 17 of 95

1. Conducted by Magistrate or Court: An inquiry can be conducted by a Magistrate or a

Court, but not by the police.
2. Distinct from Trial: An inquiry is distinct from a trial, as it is a separate proceeding that is
not part of the trial process.
3. Purpose of Inquiry: The purpose of an inquiry is to determine the truth of the information
received, without necessarily leading to a trial. This is in contrast to an investigation, which
is carried out by the police to collect evidence.
Example: Under Section 164 of the CrPC, a Magistrate can record the confession or statement of
any person during the course of an inquiry. This is an important inquiry procedure, as the recorded
confession or statement can be used as evidence during the trial. For instance, if a person is
suspected of committing a crime, the Magistrate may conduct an inquiry to record the person's
statement and ascertain the facts of the case. The Magistrate can then use this recorded statement
as evidence if the case proceeds to trial.
Significant Changes in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The BNSS
retains the definition of 'inquiry' as provided in the CrPC. However, it introduces the following
changes:
1. Timelines for Procedures: The BNSS prescribes specific timelines for the completion of
inquiries conducted by Magistrates. It states that the inquiry shall be completed within a
period of six months from the date of its commencement, unless the Magistrate records
special reasons for the delay.
2. Oversight by Sessions Judge: The BNSS allows the Sessions Judge to vacate any direction
by the Magistrate to continue the inquiry proceedings beyond the six-month period, if the
Sessions Judge is satisfied that the direction was not based on any special reason or was
perverse.
These changes in the BNSS aim to ensure the timely completion of inquiries and provide an additional
layer of oversight to prevent any undue delay or misuse of the inquiry process.

Constitution and Powers of Criminal and Executive Courts (Sections 6-35)

Explain the constitution and powers of the Court of Sessions.
Constitution and Powers of the Court of Sessions under the Code of Criminal Procedure,
1973 (CrPC): Constitution of the Court of Sessions: As per Section 9 of the CrPC:
1. Every State shall be a sessions division or shall consist of sessions divisions.
2. The State Government may, after consultation with the High Court, alter the limits or the
number of such sessions divisions.
3. The State Government shall establish a Court of Session for every sessions division.
4. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
5. The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a
Court of Session.
6. The Sessions Judge of one sessions division may be appointed by the High Court to be also
an Additional Sessions Judge of another division.
7. If the office of the Sessions Judge is vacant, the High Court may make arrangements for the
disposal of any urgent application by an Additional Sessions Judge or the Chief Judicial
Magistrate.
Example: In the state of Maharashtra, there are 36 sessions divisions, each having a Court of
Session presided over by a Sessions Judge appointed by the High Court of Bombay. Powers of the
Court of Sessions: As per Section 26 and Section 28 of the CrPC:
1. The Court of Session can try all offences under the Indian Penal Code (IPC) and any other
law, except those which are exclusively triable by the High Court.
2. The Court of Session can pass any sentence authorized by law, including a sentence of death,
which is subject to confirmation by the High Court.

Discuss the hierarchy and powers of criminal courts in India.

The Code of Criminal Procedure, 1973 (CrPC) outlines the structure, hierarchy, and powers of
criminal courts in India. This section will provide a comprehensive explanation of the hierarchy and
powers of these courts, referencing the relevant sections from the CrPC. Additionally, any significant
changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 will be highlighted.
Hierarchy of Criminal Courts
1. High Courts:
o Section 6: The High Courts are the highest courts in each state and have the
authority to hear appeals, revisions, and references from lower courts. They also
have original jurisdiction in certain cases.
2. Courts of Session:
 Page 18 of 95

o Section 9: Each sessions division has a Court of Session, presided over by a

Sessions Judge appointed by the High Court. Additional and Assistant Sessions
Judges may also be appointed to assist the Sessions Judge.
o Powers: Sessions Judges can pass any sentence authorized by law, but a death
sentence requires confirmation by the High Court (Section 28).
3. Judicial Magistrates:
o Section 11: In every district (excluding metropolitan areas), there are Courts of
Judicial Magistrates of the first and second class. The Chief Judicial Magistrate (CJM)
is appointed by the High Court.
o Powers:
 Chief Judicial Magistrate: Can pass any sentence except death, life
imprisonment, or imprisonment exceeding seven years (Section 29).
 Judicial Magistrate of the First Class: Can impose imprisonment up to
three years and fines up to ₹10,000 (Section 29).
 Judicial Magistrate of the Second Class: Can impose imprisonment up
to one year and fines up to ₹5,000 (Section 29).
4. Metropolitan Magistrates:
o Section 16: In metropolitan areas, there are Courts of Metropolitan Magistrates.
The Chief Metropolitan Magistrate (CMM) and Additional Chief Metropolitan
Magistrates are appointed by the High Court.
o Powers: Similar to Judicial Magistrates, with the CMM having powers equivalent to
the CJM (Section 29).
5. Executive Magistrates:
o Section 20: The State Government appoints Executive Magistrates in every district
and metropolitan area, including a District Magistrate (DM) and Additional District
Magistrates (ADM).
o Powers: Executive Magistrates handle administrative and executive functions, such
as maintaining public order and issuing licenses. They do not conduct trials but can
take preventive actions under Chapter VIII of the CrPC.
Powers of Criminal Courts
1. Sessions Courts:
o Section 28: Sessions Judges can pass any sentence authorized by law, including
the death penalty, subject to High Court confirmation.
o Section 29: Assistant Sessions Judges can impose imprisonment up to ten years.
2. Magistrates:
o Section 29:
 CJM: Can impose imprisonment up to seven years.
 Judicial Magistrate of the First Class: Can impose imprisonment up to three
years and fines up to ₹10,000.
 Judicial Magistrate of the Second Class: Can impose imprisonment up to one
year and fines up to ₹5,000.
o Section 30: Magistrates can impose imprisonment in default of fine, subject to
certain limitations.
3. Special Judicial and Metropolitan Magistrates:
o Sections 13 and 18: Special Judicial and Metropolitan Magistrates can be appointed
for specific cases or classes of cases, with powers similar to regular Magistrates.
4. Executive Magistrates:
o Section 20: Executive Magistrates have administrative powers, such as maintaining
public order, issuing licenses, and taking preventive actions.
Example: Consider a scenario where a person is accused of theft (a cognizable and non-bailable
offense). The police arrest the person and produce him before a Judicial Magistrate of the First Class.
The Magistrate, after considering the evidence, decides to impose a sentence of two years
imprisonment and a fine of ₹5,000. If the accused appeals, the case may go to the Sessions Court,
where the Sessions Judge has the authority to review the case and pass any sentence authorized by
law.

Powers of Superior Officers of Police (Section 36)

What are the powers of superior officers of police under Section 36 of the CrPC?
Section 36 of the Code of Criminal Procedure, 1973 (CrPC)
Section 36 of the CrPC deals with the powers of superior officers of police. It states:
"Police officers superior in rank to an officer in charge of a police station may exercise the same
powers, throughout the local area to which they are appointed, as may be exercised by such officer
within the limits of his station."
 Page 19 of 95

Explanation of Section 36
1. Scope of Powers:
o Superior officers of police, such as Superintendents of Police (SP), Deputy
Superintendents of Police (DSP), and other higher-ranking officers, have the
authority to exercise all the powers that are vested in the officer in charge of a police
station (commonly known as the Station House Officer or SHO).
o These powers include the ability to investigate crimes, make arrests, conduct
searches, and perform other duties as prescribed under the CrPC.
2. Jurisdiction:
o The powers of these superior officers are not confined to a single police station.
Instead, they can exercise their powers throughout the entire local area to which
they are appointed. This means that an SP or DSP can operate across multiple police
stations within their jurisdiction.
3. Purpose:
o The provision ensures that higher-ranking officers can oversee and intervene in
police operations across their jurisdiction, providing a mechanism for supervision
and control over the activities of lower-ranking officers.
o It also allows for a more coordinated and efficient response to criminal activities that
may span multiple police station jurisdictions.
Example: Consider a scenario where a serious crime, such as a large-scale fraud, is reported in a
district. The SHO of the local police station begins the investigation but soon realizes that the crime
involves multiple locations across the district. In such a case, the SP of the district can take over the
investigation, utilizing the powers granted under Section 36 to coordinate efforts across various
police stations, ensuring a comprehensive and efficient investigation.

Aid to the Magistrates and the Police (Sections 37-40)

Discuss the provisions relating to aid to the magistrates and the police.
Aid to the Magistrates and the Police (Sections 37-40)
The Code of Criminal Procedure, 1973 (CrPC) includes provisions under Sections 37 to 40 that outline
the responsibilities and duties of the public in assisting magistrates and police officers. These
sections ensure that the public plays an active role in maintaining law and order by providing
necessary aid and information to the authorities.
Section 37: Public When to Assist Magistrates and Police
Provision:
 Every person is bound to assist a magistrate or police officer when reasonably demanded to
do so.
 The assistance may be required in the following situations:
o Taking or Preventing Escape: Assisting in the arrest or preventing the escape of
any person whom the magistrate or police officer is authorized to arrest.
o Prevention or Suppression of Breach of Peace: Helping in preventing or
suppressing any breach of peace.
o Prevention of Injury to Public Property: Assisting in preventing any injury
attempted to be committed to any railway, canal, telegraph, or other public property.
Example: If a police officer is chasing a suspect who has committed a theft, any bystander is legally
obligated to assist the officer in apprehending the suspect if requested.
Section 38: Aid to Person, Other than Police Officer, Executing Warrant
Provision:
 When a warrant is directed to a person other than a police officer, any other person may aid
in the execution of such warrant.
 This assistance is applicable if the person to whom the warrant is directed is near at hand
and acting in the execution of the warrant.
Example: If a court issues a warrant to a private security officer to arrest a person, any nearby
individual can assist the security officer in executing the warrant.
Section 39: Public to Give Information of Certain Offences
Provision:
 Every person aware of the commission or intention to commit certain offences must inform
the nearest magistrate or police officer.
 The offences include:
o Offences Against the State: Sections 121 to 126 and 130 of the Indian Penal Code
(IPC).
o Offences Against Public Tranquillity: Sections 143, 144, 145, 147, and 148 of
the IPC.
 Page 20 of 95

o Offences Relating to Illegal Gratification: Sections 161 to 165A of the IPC.

o Offences Affecting Life: Sections 302, 303, and 304 of the IPC.
o Offences of Theft and Robbery: Sections 382, 392 to 399, and 402 of the IPC.
o Offences of Criminal Breach of Trust: Section 409 of the IPC.
o Offences of Mischief Against Property: Sections 431 and 439 of the IPC.
o Offences of House Trespass: Sections 449 and 450 of the IPC.
o Offences of Lurking House Trespass: Sections 456 to 460 of the IPC.
o Offences Relating to Currency Notes and Bank Notes: Sections 489A to 489E
of the IPC.
Example: If a person becomes aware of a plan to commit a robbery, they are legally required to
inform the nearest police station or magistrate about the plan.
Section 40: Duty of Officers Employed in Connection with the Affairs of a Village to Make
Certain Reports
Provision:
 Officers employed in connection with the affairs of a village and residents of a village must
report certain information to the nearest magistrate or police officer.
 The information includes:
o Residence of Notorious Criminals: Information about the residence of notorious
receivers or vendors of stolen property.
o Movement of Suspected Persons: Information about the movement of thugs,
robbers, escaped convicts, or proclaimed offenders.
o Commission of Non-Bailable Offences: Information about the commission or
intention to commit non-bailable offences.
o Suspicious Deaths: Information about sudden or unnatural deaths, or the
discovery of corpses under suspicious circumstances.
o Crimes Committed Outside India: Information about crimes committed outside
India that would be offences if committed in India.
Example: A village headman must report to the police if he knows that a notorious criminal has
taken residence in the village.

Arrest of Persons (Sections 41-60)

Explain the procedure of arrest without a warrant under Section 41.
Section 41 of the Code of Criminal Procedure, 1973 (CrPC)
Section 41 of the CrPC outlines the circumstances and procedures under which a police officer may
arrest a person without a warrant. This section is crucial for maintaining law and order and ensuring
that police officers can act swiftly in certain situations.
Provisions of Section 41
1. Circumstances for Arrest Without Warrant:
o Section 41(1): A police officer may, without an order from a Magistrate and without
a warrant, arrest any person:
 Section 41(1)(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.
 Section 41(1)(b): Who has in his possession any implement of house-
breaking.
 Section 41(1)(c): Who has been proclaimed as an offender either under
this Code or by order of the State Government.
 Section 41(1)(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.
 Section 41(1)(e): Who obstructs a police officer while in the execution of
his duty, or who has escaped, or attempts to escape, from lawful custody.
 Section 41(1)(f): Who is reasonably suspected of being a deserter from
any of the Armed Forces of the Union.
 Section 41(1)(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.
 Page 21 of 95

 Section 41(1)(h): Who, being a released convict, commits a breach of any

rule made under sub-section (5) of section 356.
 Section 41(1)(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 might
lawfully be arrested without a warrant by the officer who issued the
requisition.
2. Procedure for Arrest:
o Section 41(2): Subject to the provisions of section 42, no person concerned in a
non-cognizable offence or against whom a complaint has been made or credible
information has been received or reasonable suspicion exists of his having so
concerned, shall be arrested except under a warrant or order of a Magistrate.
3. Notice of Appearance:
o Section 41A: In cases where the arrest of a person is not required under the
provisions of sub-section (1) of section 41, the police officer shall issue a notice
directing the person against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists that he has
committed a cognizable offence, to appear before him or at such other place as may
be specified in the notice.
4. Procedure of Arrest and Duties of Officer Making Arrest:
o Section 41B: Every police officer while making an arrest shall:
 Bear an accurate, visible, and clear identification of his name which will
facilitate easy identification.
 Prepare a memorandum of arrest which shall be attested by at least one
witness, who is a member of the family of the person arrested or a
respectable member of the locality where the arrest is made.
 Countersign the memorandum by the person arrested.
 Inform the person arrested, unless the memorandum is attested by a
member of his family, that he has a right to have a relative or a friend named
by him to be informed of his arrest.
5. Control Room at Districts:
o Section 41C: The State Government shall establish a police control room in every
district and at the State level. The control room at the district level shall display on
the notice board kept outside the control room the names and addresses of the
persons arrested and the name and designation of the police officers who made the
arrests.
6. Right of Arrested Person to Meet an Advocate:
o Section 41D: When any person is arrested and interrogated by the police, he shall
be entitled to meet an advocate of his choice during interrogation, though not
throughout the interrogation.
Example: Consider a scenario where a police officer receives credible information that a person is
in possession of stolen property. The officer, under Section 41(1)(d), can arrest the person without
a warrant. The officer must follow the procedure outlined in Section 41B, including preparing a
memorandum of arrest and informing the arrested person of their rights.

What are the rights of an arrested person under the CrPC?

Rights of an Arrested Person Under the CrPC
The Code of Criminal Procedure, 1973 (CrPC) provides several rights to individuals who are arrested,
ensuring their protection and fair treatment under the law. These rights are designed to prevent
abuse of power by law enforcement authorities and to uphold the principles of justice and human
rights.
Key Rights of an Arrested Person
1. Right to be Informed of the Grounds of Arrest (Section 50):
o Every police officer or person making an arrest must inform the arrested person of
the grounds for the arrest and the specific offence for which they are being arrested.
o If the arrest is for a non-bailable offence, the person must be informed of their right
to bail.
2. Right to be Informed of the Right to Bail (Section 50(2)):
o If a person is arrested for a bailable offence, they must be informed that they are
entitled to be released on bail and can arrange for sureties on their behalf.
3. Right to be Produced Before a Magistrate Without Delay (Section 56 and 76):
 Page 22 of 95

o An arrested person must be brought before a Magistrate without unnecessary delay,

and within 24 hours of the arrest, excluding the time necessary for the journey from
the place of arrest to the Magistrate's court.
4. Right Not to be Detained for More Than 24 Hours Without Judicial Scrutiny (Section
57):
o No police officer can detain an arrested person for more than 24 hours without
obtaining a special order from a Magistrate under Section 167, which allows for
further detention.
5. Right to Consult a Legal Practitioner (Section 303 and 304):
o Every person against whom proceedings are initiated has the right to be defended
by a legal practitioner of their choice.
o In certain cases, the state is required to provide legal aid to the accused if they
cannot afford one.
6. Right to be Examined by a Medical Practitioner (Section 54):
o An arrested person has the right to be examined by a medical officer to document
any injuries or marks of violence on their body. This examination must be conducted
soon after the arrest.
7. Right to Meet an Advocate During Interrogation (Section 41D):
o An arrested person is entitled to meet an advocate of their choice during
interrogation, although not throughout the interrogation.
8. Right to Inform a Relative or Friend About the Arrest (Section 50A):
o The police officer making the arrest must inform a friend, relative, or other person
nominated by the arrested person about the arrest and the place where the arrested
person is being held.
o The police officer must also inform the arrested person of this right and make an
entry in a book kept at the police station regarding who has been informed.
9. Right Against Self-Incrimination (Article 20(3) of the Constitution and Section
161(2) of the CrPC):
o An arrested person has the right not to be compelled to be a witness against
themselves. This is a constitutional right that protects individuals from being forced
to incriminate themselves.
10. Right to be Treated Humanely (Section 55A):
o It is the duty of the person having custody of the accused to take reasonable care
of the health and safety of the arrested person.
Example: Consider a scenario where a person is arrested for a suspected theft. Upon arrest, the
police officer must inform the person of the grounds for the arrest and the specific offence (theft)
they are being charged with. If the offence is bailable, the officer must inform the person of their
right to bail. The arrested person must be produced before a Magistrate within 24 hours. During
interrogation, the person has the right to meet with their advocate. Additionally, the police must
inform a relative or friend about the arrest and the location where the person is being held.

Process to Compel Appearance and Production of Things and Reciprocal Arrangements (Sections 61-
105L)
Discuss the process to compel the appearance of persons under the CrPC.
Process to Compel the Appearance of Persons Under the CrPC (Sections 61-90)
The Code of Criminal Procedure, 1973 (CrPC) outlines various processes to compel the appearance
of persons in court. These processes are essential for ensuring that individuals required to participate
in legal proceedings do so in a timely and orderly manner. The relevant sections (61-90) cover the
issuance and service of summons, warrants of arrest, and proclamations for absconding persons.
Summons (Sections 61-69)
1. Form of Summons (Section 61):
o Every summons issued by a court must be in writing, in duplicate, and signed by the
presiding officer of the court. It must also bear the seal of the court.
o Form No. 1 of the Second Schedule of the CrPC provides a template for preparing
summons.
2. Procedure of Service of Summons (Section 62):
o Summons can be served by a police officer, an officer of the court issuing the
summons, or any other public servant.
o The summons must be served personally on the person summoned, if practicable,
and the person must acknowledge receipt by signing a duplicate copy of the
summons.
3. Service on Corporate Bodies and Societies (Section 63): Summons can be served on
corporate bodies by delivering it to the secretary, local manager, or other principal officer of
 Page 23 of 95

the corporation, or by sending it by registered post to the chief officer of the corporation in
India.
4. Service on Adult Male Family Member (Section 64): If the person summoned cannot
be found, the summons can be left with an adult male member of the family residing with
the person. The family member must acknowledge receipt by signing the duplicate copy of
the summons.
5. Procedure When Service Cannot Be Effected (Section 65): If the summons cannot be
served as provided in Sections 62, 63, or 64, it can be affixed to a conspicuous part of the
house where the person ordinarily resides.
6. Service on Government Servant (Section 66): Summons for a government servant can
be served by sending it to the head of the office where the person is employed.
7. Service of Summons Outside Local Limits (Section 67): Summons can be served
outside the local limits of the court's jurisdiction by sending it to a Magistrate within whose
jurisdiction the person resides.
8. Proof of Service in Such Cases and When Serving Officer Not Present (Section 68):
The serving officer must provide proof of service, and if the serving officer is not present,
the court may accept an affidavit from the serving officer as proof.
9. Service of Summons on Witness by Post (Section 69): Summons to a witness can be
served by registered post, and the service is deemed effective when the letter would
ordinarily be delivered.
Warrants of Arrest (Sections 70-81)
1. Form of Warrant of Arrest and Duration (Section 70):
o A warrant of arrest must be in writing, signed by the presiding officer, and bear the
seal of the court. It remains in force until it is executed or canceled by the court.
2. Power to Direct Security to Be Taken (Section 71): The court may direct that the person
arrested be released on bail upon providing security.
3. Warrants to Whom Directed (Section 72): Warrants can be directed to one or more
police officers or any other person, and they must be executed by the person to whom they
are directed.
4. Warrant May Be Directed to Any Person (Section 73): In certain cases, a warrant can
be directed to any person, not just police officers.
5. Warrant Directed to a Police Officer (Section 74): A police officer executing a warrant
must notify the substance of the warrant to the person being arrested and, if required, show
the warrant.
6. Notification of Substance of Warrant (Section 75): The person executing the warrant
must notify the substance of the warrant to the person being arrested.
7. Person Arrested to Be Brought Before Court Without Delay (Section 76): The person
arrested must be brought before the court without unnecessary delay.
8. Where Warrant May Be Executed (Section 77): A warrant can be executed at any place
in India.
9. Warrant Forwarded for Execution Outside Jurisdiction (Section 78): If a warrant is
to be executed outside the local jurisdiction, it can be forwarded to a Magistrate or police
officer in the area where it is to be executed.
10. Warrant Directed to Police Officer for Execution Outside Jurisdiction (Section 79):
A police officer can execute a warrant outside their jurisdiction if directed by the court.
11. Procedure on Arrest of Person Against Whom Warrant Issued (Section 80): The
person arrested must be brought before the court that issued the warrant or a Magistrate
within the local jurisdiction.
12. Procedure by Magistrate Before Whom Person Arrested Is Brought (Section 81):
The Magistrate must ensure that the person is brought before the court that issued the
warrant or a competent court within the local jurisdiction.
Proclamation and Attachment (Sections 82-90)
1. Proclamation for Person Absconding (Section 82): If a person against whom a warrant
has been issued is absconding, the court can issue a proclamation requiring the person to
appear at a specified place and time.
2. Attachment of Property of Person Absconding (Section 83): If the person does not
appear after the proclamation, the court can order the attachment of the person's property.
3. Claims and Objections to Attachment (Section 84): Any person claiming an interest in
the attached property can make a claim or objection to the attachment.
4. Release, Sale, and Restoration of Attached Property (Sections 85-86): The court can
release, sell, or restore the attached property based on the outcome of the proceedings.
 Page 24 of 95

5. Issue of Warrant in Lieu of, or in Addition to, Summons (Section 87): The court can
issue a warrant for arrest if it believes the person will not obey the summons or has
absconded.
6. Power to Take Bond for Appearance (Section 88): The court can require a person to
execute a bond for their appearance in court.
7. Arrest on Breach of Bond for Appearance (Section 89): If a person bound by a bond
fails to appear, the court can issue a warrant for their arrest.
8. Provisions of This Chapter Generally Applicable to Summons and Warrants of
Arrest (Section 90): The provisions relating to summons and warrants, and their issue,
service, and execution, apply to all summons and warrants issued under the CrPC.
Example: Consider a scenario where a person is accused of a crime and fails to appear in court
after being summoned. The court issues a warrant for the person's arrest. If the person absconds,
the court can issue a proclamation under Section 82, requiring the person to appear at a specified
place and time. If the person still does not appear, the court can order the attachment of the person's
property under Section 83.

Explain the provisions relating to the production of documents and other things.
Provisions Relating to the Production of Documents and Other Things (Sections 91-105L)
The Code of Criminal Procedure, 1973 (CrPC) outlines the processes and procedures for compelling
the production of documents and other things necessary for investigations, inquiries, trials, or other
proceedings. These provisions ensure that relevant evidence can be obtained and presented in court
to facilitate the administration of justice.
Summons to Produce (Sections 91-92)
1. Summons to Produce Document or Other Thing (Section 91):
o Section 91(1): Any court or officer in charge of a police station may issue a
summons or written order to any person in possession of a document or other thing
necessary or desirable for an investigation, inquiry, trial, or other proceeding under
the CrPC. The person must attend and produce the document or thing at the
specified time and place.
o Section 91(2): Compliance with the summons is deemed sufficient if the person
causes the document or thing to be produced instead of attending personally.
o Section 91(3): This section does not affect Sections 123 and 124 of the Indian
Evidence Act, 1872, or the Bankers’ Books Evidence Act, 1891, and does not apply
to postal or telegraph documents.
2. Procedure as to Letters and Telegrams (Section 92):
o Section 92(1): If a document, parcel, or thing in the custody of a postal or
telegraph authority is required for an investigation, inquiry, trial, or other
proceeding, the District Magistrate, Chief Judicial Magistrate, Court of Session, or
High Court may require the postal or telegraph authority to deliver it to a specified
person.
o Section 92(2): Other Magistrates or police officers may also require the postal or
telegraph authority to search for and detain such items pending the order of a higher
authority.
Search Warrants (Sections 93-98)
1. When Search-Warrant May Be Issued (Section 93):
o Section 93(1): A court may issue a search warrant if it believes that a person will
not produce a document or thing required by a summons, if the document or thing
is not known to be in possession of any person, or if a general search or inspection
is necessary.
o Section 93(2): The court may specify the particular place or part to be searched.
o Section 93(3): Only a District Magistrate or Chief Judicial Magistrate can grant a
warrant to search for items in the custody of postal or telegraph authorities.
2. Search of Place Suspected to Contain Stolen Property, Forged Documents, etc.
(Section 94):
o Section 94(1): A Magistrate may authorize a police officer to search a place
suspected of being used for the deposit or sale of stolen property, forged documents,
counterfeit currency, or other objectionable articles.
o Section 94(2): The objectionable articles include counterfeit coins, forged
documents, false seals, obscene objects, and instruments used for their production.
3. Power to Declare Certain Publications Forfeited and to Issue Search-Warrants
(Section 95):
 Page 25 of 95

o Section 95(1): The State Government may declare any publication containing
punishable matter under specific sections of the Indian Penal Code (IPC) to be
forfeited and authorize police officers to seize such publications.
o Section 95(2): Definitions of "newspaper" and "book" are provided, and
"document" includes paintings, drawings, photographs, or other visible
representations.
4. Application to High Court to Set Aside Declaration of Forfeiture (Section 96):
o Section 96(1): Any person with an interest in a forfeited publication may apply to
the High Court to set aside the declaration within two months of its publication.
o Section 96(2)-(5): The application is heard by a Special Bench of the High Court,
and the decision is based on whether the publication contained the punishable
matter.
5. Search for Persons Wrongfully Confined (Section 97):
o A Magistrate may issue a search warrant if there is reason to believe that a person
is wrongfully confined. The person found must be brought before a Magistrate for
appropriate orders.
6. Power to Compel Restoration of Abducted Females (Section 98):
o A Magistrate may order the immediate restoration of an abducted or unlawfully
detained woman or female child to her lawful guardian and may use necessary force
to ensure compliance.
General Provisions Relating to Searches (Sections 99-105)
1. Direction, etc., of Search-Warrants (Section 99):
o The provisions relating to the issuance, service, and execution of summons and
warrants apply to search warrants as well.
2. Persons in Charge of Closed Place to Allow Search (Section 100):
o Section 100(1): Persons in charge of a place to be searched must allow entry and
facilitate the search.
o Section 100(2): If entry is refused, the officer may break open doors or windows
to gain access.
o Section 100(3): Persons suspected of concealing items may be searched, and
women must be searched by another woman with regard to decency.
o Section 100(4)-(5): Independent witnesses must be present during the search,
and a list of seized items must be prepared.
3. Disposal of Things Found in Search Beyond Jurisdiction (Section 101):
o Items found in a search outside the jurisdiction of the issuing court must be
forwarded to the appropriate Magistrate.
4. Power of Police Officer to Seize Certain Property (Section 102):
o Police officers may seize property suspected to be stolen or involved in an offence
and must report the seizure to the Magistrate.
5. Magistrate May Direct Search in His Presence (Section 103):
o A Magistrate may direct a search to be conducted in his presence.
6. Power to Impound Document, etc., Produced (Section 104):
o A Magistrate may impound any document or thing produced before him.
Reciprocal Arrangements (Sections 105-105L)
1. Reciprocal Arrangements Regarding Processes (Section 105):
o The CrPC provides for reciprocal arrangements with other countries for the service
of summons, warrants, and judicial processes.
2. Assistance in Securing Transfer of Persons (Section 105B):
o Provisions for securing the transfer of persons for the purpose of investigation or
trial.
3. Assistance in Relation to Orders of Attachment or Forfeiture of Property (Section
105C):
o Provisions for assistance in executing orders of attachment or forfeiture of property.
4. Identifying Unlawfully Acquired Property (Section 105D):
o Provisions for identifying property acquired unlawfully.
5. Seizure or Attachment of Property (Section 105E):
o Provisions for the seizure or attachment of property.
6. Management of Properties Seized or Forfeited (Section 105F):
o Provisions for the management of seized or forfeited properties.
7. Notice of Forfeiture of Property (Section 105G):
o Provisions for issuing notices of forfeiture of property.
8. Forfeiture of Property in Certain Cases (Section 105H):
o Provisions for the forfeiture of property in specific cases.
 Page 26 of 95

9. Fine in Lieu of Forfeiture (Section 105I):

o Provisions for imposing fines in lieu of forfeiture.
10. Certain Transfers to Be Null and Void (Section 105J):
o Provisions declaring certain transfers of property to be null and void.
11. Procedure in Respect of Letter of Request (Section 105K):
o Provisions for handling letters of request from foreign authorities.
12. Application of This Chapter (Section 105L):
o Provisions for the application of the chapter on reciprocal arrangements.
Example: Consider a scenario where a police officer needs a bank statement as evidence in a fraud
case. The officer can issue a summons under Section 91 to the bank manager, requiring the
production of the statement. If the bank manager fails to comply, the court may issue a search
warrant under Section 93 to obtain the document.

Preventive and Precautionary Measures of Security Proceedings (Sections 106-124, 129-153)

What are the preventive measures provided under the CrPC to maintain public order?
The Code of Criminal Procedure, 1973 (CrPC) provides several preventive measures to maintain
public order and prevent the commission of offences. These measures are designed to empower
authorities to take pre-emptive actions to ensure peace and security in society. The relevant sections
(106-124, 129-153) cover various aspects of preventive and precautionary measures.
Security for Keeping the Peace and Good Behaviour (Sections 106-124)
1. Security for Keeping the Peace on Conviction (Section 106):
o Provision: When a person is convicted of certain offences, the court may order
them to execute a bond, with or without sureties, for keeping the peace for a period
not exceeding three years.
o Offences Covered: Offences under Chapter VIII of the Indian Penal Code (IPC),
offences involving assault, criminal force, mischief, criminal intimidation, and any
other offence likely to cause a breach of the peace.
2. Security for Keeping the Peace in Other Cases (Section 107):
o Provision: An Executive Magistrate may require a person to show cause why they
should not be ordered to execute a bond for keeping the peace for a period not
exceeding one year if there is information that the person is likely to commit a breach
of the peace or disturb public tranquillity.
3. Security for Good Behaviour from Persons Disseminating Seditious Matters
(Section 108):
o Provision: An Executive Magistrate may require a person to show cause why they
should not be ordered to execute a bond for good behaviour for a period not
exceeding one year if there is information that the person is disseminating seditious
matters or obscene materials.
4. Security for Good Behaviour from Suspected Persons (Section 109):
o Provision: An Executive Magistrate may require a person to show cause why they
should not be ordered to execute a bond for good behaviour for a period not
exceeding one year if there is information that the person is taking precautions to
conceal their presence with a view to committing a cognizable offence.
5. Security for Good Behaviour from Habitual Offenders (Section 110):
o Provision: An Executive Magistrate may require a person to show cause why they
should not be ordered to execute a bond for good behaviour for a period not
exceeding three years if the person is a habitual offender involved in robbery, theft,
forgery, receiving stolen property, or other specified offences.
6. Order to be Made (Section 111):
o Provision: When a Magistrate deems it necessary to require a person to show cause
under Sections 107, 108, 109, or 110, they must make an order in writing, setting
forth the substance of the information received and the bond's terms.
7. Procedure in Respect of Person Present in Court (Section 112):
o Provision: If the person is present in court, the order must be read over to them,
or the substance explained.
8. Summons or Warrant in Case of Person Not Present (Section 113):
o Provision: If the person is not present, the Magistrate shall issue a summons or
warrant directing the person to appear.
9. Copy of Order to Accompany Summons or Warrant (Section 114):
o Provision: Every summons or warrant issued under Section 113 must be
accompanied by a copy of the order made under Section 111.
10. Power to Dispense with Personal Attendance (Section 115):
 Page 27 of 95

o Provision: The Magistrate may dispense with the personal attendance of any person
called upon to show cause and permit them to appear by a pleader.
11. Inquiry as to Truth of Information (Section 116):
o Provision: The Magistrate must inquire into the truth of the information upon which
action has been taken and take further evidence as necessary.
12. Order to Give Security (Section 117):
o Provision: If the Magistrate is satisfied that the person should be ordered to execute
a bond, they must make an order accordingly.
13. Discharge of Person Informed Against (Section 118):
o Provision: If the Magistrate is not satisfied, they must discharge the person.
14. Commencement of Period for Which Security is Required (Section 119):
o Provision: The period for which security is required commences on the date of the
order unless the Magistrate directs otherwise.
15. Contents of Bond (Section 120):
o Provision: The bond must specify the conditions under which it is executed.
16. Power to Reject Sureties (Section 121):
o Provision: The Magistrate may reject any surety offered if they are not satisfied
with the surety's sufficiency.
17. Imprisonment in Default of Security (Section 122):
o Provision: If a person fails to give security, they may be committed to prison for
the period for which security was required.
18. Power to Release Persons Imprisoned for Failing to Give Security (Section 123):
o Provision: The person may be released if they provide the required security or if
the period for which security was required has expired.
19. Security for Unexpired Period of Bond (Section 124):
o Provision: If a person is imprisoned for failing to give security, they may be required
to give security for the unexpired period of the bond upon release.
Maintenance of Public Order and Tranquillity (Sections 129-153)
1. Dispersal of Unlawful Assemblies (Sections 129-132):
o Section 129: An Executive Magistrate or police officer may command an unlawful
assembly to disperse and use necessary force if it does not comply.
o Section 130: The armed forces may be called to disperse an assembly if the police
cannot do so.
o Section 131: Certain armed force officers have the power to disperse assemblies.
o Section 132: Protection against prosecution for acts done under Sections 129-131.
2. Public Nuisances (Sections 133-143):
o Section 133: A Magistrate may issue a conditional order for the removal of a public
nuisance.
o Section 134: Service or notification of the order.
o Section 135: The person to whom the order is addressed must obey or show cause.
o Section 136: Consequences of failing to comply.
o Section 137: Procedure where the existence of a public right is denied.
o Section 138: Procedure where the person appears to show cause.
o Section 139: Power of Magistrate to direct local investigation and examination of
an expert.
o Section 140: Power of Magistrate to furnish written instructions, etc.
o Section 141: Procedure on order being made absolute and consequences of
disobedience.
o Section 142: Injunction pending inquiry.
o Section 143: Magistrate may prohibit the repetition or continuance of a public
nuisance.
3. Urgent Cases of Nuisance or Apprehended Danger (Section 144):
o Provision: A Magistrate may issue an order in urgent cases of nuisance or
apprehended danger to prevent obstruction, annoyance, or injury to any person
lawfully employed, or danger to human life, health, or safety, or a disturbance of
public tranquillity.
4. Disputes as to Immovable Property (Sections 145-148):
o Section 145: Procedure where a dispute concerning land or water is likely to cause
a breach of peace.
o Section 146: Power to attach the subject of dispute and appoint a receiver.
o Section 147: Dispute concerning the right of use of land or water.
o Section 148: Local inquiry.
5. Preventive Action of the Police (Sections 149-153):
 Page 28 of 95

o Section 149: Police to prevent cognizable offences.

o Section 150: Information of design to commit cognizable offences.
o Section 151: Arrest to prevent the commission of cognizable offences.
o Section 152: Prevention of injury to public property.
o Section 153: Inspection of weights and measures.
Example: Consider a scenario where there is credible information that a group is planning to hold
a protest that could turn violent. Under Section 144, the Magistrate can issue an order prohibiting
the assembly of more than four people in the area to prevent a breach of peace. If the group still
gathers and becomes unruly, the police can use Section 129 to disperse the assembly using
necessary force.

Discuss the security proceedings under Sections 106-124.

The Code of Criminal Procedure, 1973 (CrPC) provides for security proceedings under Sections 106-
124 to maintain public order and prevent the commission of offences. These sections empower the
courts and magistrates to require individuals to execute bonds for keeping the peace and maintaining
good behavior. The provisions are preventive in nature and aim to deter individuals from engaging
in activities that could disturb public tranquillity.
Section 106: Security for Keeping the Peace on Conviction
Provision:
 When a person is convicted of certain offences, the court may order them to execute a bond,
with or without sureties, for keeping the peace for a period not exceeding three years.
 Offences Covered: Offences under Chapter VIII of the Indian Penal Code (IPC), offences
involving assault, criminal force, mischief, criminal intimidation, and any other offence likely
to cause a breach of the peace.
Example:
If a person is convicted of rioting, the court may require them to execute a bond to ensure they do
not engage in similar activities for a specified period.
Section 107: Security for Keeping the Peace in Other Cases
Provision:
 An Executive Magistrate may require a person to show cause why they should not be ordered
to execute a bond for keeping the peace for a period not exceeding one year if there is
information that the person is likely to commit a breach of the peace or disturb public
tranquility.
Example:
If there is credible information that a person is planning to incite violence during a public event, the
Magistrate can require them to execute a bond to prevent such actions.
Section 108: Security for Good Behaviour from Persons Disseminating Seditious Matters
Provision: An Executive Magistrate may require a person to show cause why they should
not be ordered to execute a bond for good behaviour for a period not exceeding one year if
there is information that the person is disseminating seditious matters or obscene materials.
Example: If a person is found distributing pamphlets inciting hatred against the
government, the Magistrate can require them to execute a bond to ensure they refrain from
such activities.
Section 109: Security for Good Behaviour from Suspected Persons
Provision: An Executive Magistrate may require a person to show cause why they should
not be ordered to execute a bond for good behaviour for a period not exceeding one year if
there is information that the person is taking precautions to conceal their presence with a
view to committing a cognizable offence.
Example: If a person is found loitering suspiciously near a high-security area, the Magistrate
can require them to execute a bond to ensure they do not engage in criminal activities.
Section 110: Security for Good Behaviour from Habitual Offenders
Provision: An Executive Magistrate may require a person to show cause why they should
not be ordered to execute a bond for good behaviour for a period not exceeding three years
if the person is a habitual offender involved in robbery, theft, forgery, receiving stolen
property, or other specified offences.
Example: If a person has a history of repeated thefts, the Magistrate can require them to
execute a bond to prevent further criminal activities.
Sections 111-124: Procedural Provisions
1. Order to be Made (Section 111): The Magistrate must make an order in writing, setting
forth the substance of the information received and the bond's terms.
2. Procedure in Respect of Person Present in Court (Section 112): If the person is
present in court, the order must be read over to them, or the substance explained.
 Page 29 of 95

3. Summons or Warrant in Case of Person Not Present (Section 113): If the person is
not present, the Magistrate shall issue a summons or warrant directing the person to appear.
4. Copy of Order to Accompany Summons or Warrant (Section 114): Every summons
or warrant issued under Section 113 must be accompanied by a copy of the order made
under Section 111.
5. Power to Dispense with Personal Attendance (Section 115): The Magistrate may
dispense with the personal attendance of any person called upon to show cause and permit
them to appear by a pleader.
6. Inquiry as to Truth of Information (Section 116): The Magistrate must inquire into the
truth of the information upon which action has been taken and take further evidence as
necessary.
7. Order to Give Security (Section 117): If the Magistrate is satisfied that the person should
be ordered to execute a bond, they must make an order accordingly.
8. Discharge of Person Informed Against (Section 118): If the Magistrate is not satisfied,
they must discharge the person.
9. Commencement of Period for Which Security is Required (Section 119): The period
for which security is required commences on the date of the order unless the Magistrate
directs otherwise.
10. Contents of Bond (Section 120): The bond must specify the conditions under which it is
executed.
11. Power to Reject Sureties (Section 121): The Magistrate may reject any surety offered
if they are not satisfied with the surety's sufficiency.
12. Imprisonment in Default of Security (Section 122): If a person fails to give security,
they may be committed to prison for the period for which security was required.
13. Power to Release Persons Imprisoned for Failing to Give Security (Section 123):
The person may be released if they provide the required security or if the period for which
security was required has expired.
14. Security for Unexpired Period of Bond (Section 124): If a person is imprisoned for
failing to give security, they may be required to give security for the unexpired period of the
bond upon release.
Example: Consider a scenario where a person is known to be a habitual offender involved in thefts.
The police receive credible information that the person is planning another theft. Under Section 110,
the Executive Magistrate can require the person to execute a bond for good behaviour for a period
not exceeding three years. If the person fails to provide the bond, they may be imprisoned for the
specified period.

Maintenance of Wives, Children, and Parents (Sections 125-128)

Explain the provisions relating to the maintenance of wives, children, and parents under Section
125.
Section 125 of the Code of Criminal Procedure, 1973 (CrPC)
Section 125 of the CrPC provides a legal remedy for the maintenance of wives, children, and parents
who are unable to maintain themselves. This section is designed to prevent vagrancy and destitution
by compelling those with sufficient means to support their dependents.
Provisions of Section 125
1. Who Can Claim Maintenance:
o Wife: A wife who is unable to maintain herself can claim maintenance from her
husband. This includes a divorced wife who has not remarried.
o Children: Legitimate or illegitimate minor children, whether married or not, who
are unable to maintain themselves. In the case of married daughters, they can claim
maintenance until they attain majority if they are unable to maintain themselves.
o Parents: Father or mother who is unable to maintain themselves can claim
maintenance from their son or daughter.
2. Conditions for Granting Maintenance:
o The person from whom maintenance is claimed must have sufficient means to
provide maintenance.
o The person claiming maintenance must be unable to maintain themselves.
3. Quantum of Maintenance:
o The Magistrate may order a monthly allowance for the maintenance of the wife,
child, or parent, as deemed fit. The amount is determined based on the needs of the
claimant and the financial capacity of the person liable to pay.
4. Procedure for Claiming Maintenance:
o An application for maintenance can be made to a Magistrate of the first class.
 Page 30 of 95

o The Magistrate, upon being satisfied that there is a valid claim, may order the person
liable to pay a monthly allowance.
5. Enforcement of Maintenance Order:
o If the person ordered to pay maintenance fails to comply, the Magistrate may issue
a warrant for levying the amount due in the manner provided for levying fines.
o The Magistrate may also sentence the defaulter to imprisonment for a term which
may extend to one month or until payment is made, whichever is earlier.
6. Alteration in Allowance:
o The Magistrate may alter the allowance on proof of a change in the circumstances
of either party.
7. Interim Maintenance:
o The Magistrate may order interim maintenance during the pendency of the
application for maintenance.
8. Maintenance of Divorced Wife:
o A divorced wife is entitled to maintenance unless she remarries. The obligation to
pay maintenance continues even after divorce.
Example: Consider a scenario where a wife is abandoned by her husband and has no means of
supporting herself. She can file an application under Section 125 of the CrPC in the Magistrate's
court. The court, after examining the evidence, may order the husband to pay a monthly allowance
to the wife for her maintenance. If the husband fails to comply with the order, the court can enforce
the order by issuing a warrant for the recovery of the amount due and may also sentence the
husband to imprisonment for non-compliance.

Information to the Police and their Powers to Investigate (Sections 154-176)

What is the procedure for filing an FIR under Section 154?
Section 154 of the CrPC outlines the procedure for filing a First Information Report (FIR) in cases
of cognizable offences. The FIR is a crucial document that sets the criminal justice process in motion
by providing the police with the initial information about the commission of a cognizable offence.
Key Provisions of Section 154
1. Information Relating to Cognizable Offences:
o Section 154(1): Any information relating to the commission of a cognizable
offence, if given orally to an officer in charge of a police station, shall be reduced to
writing by the officer or under his direction. The information must be read over to
the informant and signed by the person giving it. The substance of the information
must be entered in a book kept by such officer in a form prescribed by the State
Government.
2. Copy of the FIR:
o A copy of the information as recorded shall be given forthwith, free of cost, to the
informant.
3. Refusal to Record Information:
o Section 154(3): If an officer in charge of a police station refuses to record the
information, the person aggrieved by such refusal may send the substance of such
information, in writing and by post, to the Superintendent of Police (SP) concerned.
If the SP is satisfied that the information discloses the commission of a cognizable
offence, he shall either investigate the case himself or direct an investigation to be
made by any police officer subordinate to him.
Detailed Procedure for Filing an FIR
1. Lodging the Information:
o The informant (victim, witness, or any other person) can approach the police station
having jurisdiction over the area where the offence was committed.
o The information can be given orally or in writing. If given orally, the police officer
must reduce it to writing.
2. Recording the Information:
o The police officer must write down the information in the FIR register, also known
as the "book of records."
o The informant must read over the written information to ensure its accuracy and
then sign it.
3. Providing a Copy to the Informant:
o The police officer must provide a free copy of the FIR to the informant immediately
after recording it.
4. Refusal to Register FIR:
 Page 31 of 95

o If the police officer refuses to register the FIR, the informant can escalate the matter
by sending the written information to the Superintendent of Police (SP) or Deputy
Commissioner of Police (DCP).
o The SP/DCP, upon receiving the complaint, will assess whether the information
discloses a cognizable offence. If satisfied, they will either investigate the case
themselves or direct a subordinate officer to do so.
5. Further Escalation:
o If the SP/DCP also refuses to act, the informant can approach the Magistrate under
Section 156(3) of the CrPC, who can then direct the police to register the FIR and
investigate the case.
Example: Consider a scenario where a person witnesses a robbery. The witness goes to the nearest
police station and informs the officer in charge about the incident. The officer writes down the details
provided by the witness, reads it back to ensure accuracy, and then asks the witness to sign the
document. The officer then provides a copy of the FIR to the witness free of cost. If the officer had
refused to register the FIR, the witness could have sent the information to the SP, who would then
take appropriate action.
Case Laws and Judicial Interpretations
1. Lalita Kumari v. Government of U.P. (2013): The Supreme Court held that the
registration of an FIR is mandatory under Section 154 if the information discloses the
commission of a cognizable offence. No preliminary inquiry is permissible in such cases.
2. M. Subramaniam & Anr. v. S. Janaki & Anr.: The Supreme Court reiterated the
importance of following the due process for the registration of FIRs and emphasized the
remedies available under Sections 154(3) and 156(3) of the CrPC.
3. Youth Bar Association of India v. Union of India (2014): The Supreme Court laid down
guidelines for the timely provision of FIR copies to the accused and the uploading of FIRs on
the police or state website.

Discuss the powers of the police to investigate under the CrPC.

The Code of Criminal Procedure, 1973 (CrPC) outlines the powers and procedures for police
investigations in India. These provisions ensure that investigations are conducted systematically and
lawfully, safeguarding the rights of individuals while enabling the police to gather evidence
effectively.
Key Provisions Relating to Police Investigations
1. Information in Cognizable Cases (Section 154):
o Filing an FIR: Any information relating to the commission of a cognizable offence,
if given orally to an officer in charge of a police station, shall be reduced to writing
and read over to the informant. The informant must sign the document, and a copy
must be provided to them free of cost.
o Refusal to Register FIR: If the officer refuses to record the information, the
informant can send the substance of the information to the Superintendent of Police,
who may investigate the case or direct an investigation.
2. Information in Non-Cognizable Cases (Section 155):
o Recording Information: When information about a non-cognizable offence is given
to an officer in charge of a police station, it must be entered in a book kept for this
purpose. The informant must be referred to the Magistrate.
o Investigation with Magistrate's Order: A police officer cannot investigate a non-
cognizable case without the order of a Magistrate.
3. Police Officer’s Power to Investigate Cognizable Cases (Section 156):
o Authority to Investigate: Any officer in charge of a police station may investigate
any cognizable case without the order of a Magistrate.
o Investigation Beyond Jurisdiction: The officer can investigate cases beyond their
jurisdiction but must report the case to the Magistrate empowered to take
cognizance of the offence.
4. Procedure for Investigation (Section 157):
o Preliminary Investigation: Upon receiving information about a cognizable
offence, the officer must send a report to the Magistrate and proceed to the scene
to investigate the facts and circumstances.
o Decision Not to Investigate: If the officer decides not to investigate, they must
inform the informant and the Magistrate, stating the reasons.
5. Report How Submitted (Section 158):
o Forwarding Reports: The officer must forward the report to the Magistrate through
the superior officer of police.
6. Power to Hold Investigation or Preliminary Inquiry (Section 159):
 Page 32 of 95

o Magistrate’s Authority: The Magistrate can direct an investigation or hold a

preliminary inquiry into the case.
7. Police Officer’s Power to Require Attendance of Witnesses (Section 160):
o Summoning Witnesses: The officer can require the attendance of any person
acquainted with the facts and circumstances of the case.
8. Examination of Witnesses by Police (Section 161):
o Recording Statements: The officer can examine witnesses and record their
statements. The statements must be signed by the witnesses.
9. Statements to Police Not to Be Signed: Use of Statements in Evidence (Section
162):
o Admissibility of Statements: Statements made to the police during an
investigation are not to be signed by the person making them and cannot be used
as evidence in court, except for the purpose of contradicting the witness.
10. No Inducement to Be Offered (Section 163):
o Prohibition of Coercion: No police officer or person in authority shall offer any
inducement, threat, or promise to any person to make a statement.
11. Recording of Confessions and Statements (Section 164):
o Judicial Confessions: Confessions and statements must be recorded by a
Magistrate, ensuring that they are made voluntarily.
12. Medical Examination of the Victim of Rape (Section 164A):
o Mandatory Examination: The victim of rape must be examined by a registered
medical practitioner within 24 hours of the incident being reported.
13. Search by Police Officer (Section 165):
o Conducting Searches: The officer can conduct searches if they believe that
anything necessary for the investigation is in a place within their jurisdiction.
14. When Officer in Charge of Police Station May Require Another to Issue Search-
Warrant (Section 166):
o Requesting Search Warrants: The officer can request another officer to issue a
search warrant if the place to be searched is outside their jurisdiction.
15. Letter of Request to Competent Authority for Investigation in a Country or Place
Outside India (Section 166A):
o International Cooperation: The officer can send a letter of request to a competent
authority in another country for assistance in the investigation.
16. Letter of Request from a Country or Place Outside India to a Court or an Authority
for Investigation in India (Section 166B):
o Assisting Foreign Investigations: The officer can act on a letter of request from
a foreign country to assist in an investigation within India.
17. Procedure When Investigation Cannot Be Completed in Twenty-Four Hours
(Section 167):
o Detention Beyond 24 Hours: If the investigation cannot be completed within 24
hours, the officer must produce the accused before a Magistrate and seek further
detention.
18. Report of Investigation by Subordinate Police Officer (Section 168):
o Subordinate Officer’s Report: A subordinate officer must report the progress of
the investigation to the officer in charge.
19. Release of Accused When Evidence Deficient (Section 169):
o Insufficient Evidence: If there is insufficient evidence, the officer must release the
accused on executing a bond to appear before a Magistrate if required.
20. Cases to Be Sent to Magistrate When Evidence is Sufficient (Section 170):
o Forwarding Cases: If there is sufficient evidence, the officer must forward the
accused to the Magistrate along with relevant documents.
21. Complainant and Witnesses Not to Be Required to Accompany Police Officer and
Not to Be Subjected to Restraint (Section 171):
o Protection of Witnesses: Witnesses and complainants cannot be compelled to
accompany the police officer or be subjected to restraint.
22. Diary of Proceedings in Investigation (Section 172):
o Maintaining a Diary: The officer must maintain a diary of the investigation,
recording the day-to-day proceedings.
23. Report of Police Officer on Completion of Investigation (Section 173):
o Final Report: Upon completion of the investigation, the officer must submit a report
to the Magistrate, detailing the findings and the evidence collected.
24. Police to Enquire and Report on Suicide, etc. (Section 174):
 Page 33 of 95

o Inquest Proceedings: The officer must conduct an inquest in cases of suicide,

accidental death, or death under suspicious circumstances.
25. Power to Summon Persons (Section 175):
o Summoning Witnesses: The officer can summon any person to appear and
provide information relevant to the investigation.
26. Inquiry by Magistrate into Cause of Death (Section 176):
o Magisterial Inquiry: The Magistrate must conduct an inquiry into the cause of
death in cases of custodial death, death in police firing, or death in suspicious
circumstances.
Example: Consider a scenario where a person reports a theft to the police. The officer in charge of
the police station records the information in writing, reads it back to the informant, and provides a
copy of the FIR. The officer then proceeds to the scene of the crime to investigate, examining
witnesses and collecting evidence. If the investigation reveals sufficient evidence, the officer
forwards the case to the Magistrate along with the accused and relevant documents.

Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 177-189)

Explain the jurisdiction of criminal courts in inquiries and trials.
The jurisdiction of criminal courts in India is governed by Sections 177 to 189 of the Code of Criminal
Procedure, 1973 (CrPC). These sections outline the principles and rules for determining the
appropriate court to conduct inquiries and trials for various offences. Understanding these provisions
is crucial for ensuring that legal proceedings are conducted in the correct jurisdiction, thereby
upholding the principles of justice and efficiency.
Key Provisions of Sections 177-189
1. Section 177: Ordinary Place of Inquiry and Trial
o Provision: Every offence shall ordinarily be inquired into and tried by a court within
whose local jurisdiction it was committed.
o Local Jurisdiction: Defined in Section 2(j) of the CrPC, it refers to the geographical
area within which a court or Magistrate can exercise its powers.
o Example: If a theft occurs in Mumbai, the trial should ordinarily be conducted in a
court in Mumbai.
2. Section 178: Place of Inquiry or Trial
o Provision: This section addresses situations where the location of the offence is
uncertain or spans multiple areas. The offence may be inquired into or tried by a
court having jurisdiction over any of such local areas.
o Scenarios Covered:
 When it is uncertain in which of several local areas an offence was
committed.
 Where an offence is committed partly in one local area and partly in another.
 Where an offence is a continuing one and continues to be committed in more
local areas than one.
 Where it consists of several acts done in different local areas.
o Example: If a fraud is committed through a series of transactions across multiple
cities, any court in those cities can conduct the trial.
3. Section 179: Offence Triable Where Act is Done or Consequence Ensues
o Provision: When an act is an offence by reason of anything done and of a
consequence which has ensued, the offence may be inquired into or tried by a court
within whose local jurisdiction such thing has been done or such consequence has
ensued.
o Example: If a defamatory statement is made in one city and the harm is felt in
another, the trial can be conducted in either city.
4. Section 180: Place of Trial Where Act is an Offence by Reason of Relation to Other
Offence
o Provision: When an act is an offence by reason of its relation to any other act which
is also an offence, the first-mentioned offence may be inquired into or tried by a
court within whose local jurisdiction either act was done.
o Example: If a person commits forgery in one city and uses the forged document in
another, the trial can be conducted in either city.
5. Section 181: Place of Trial in Case of Certain Offences
o Provision: This section specifies the place of trial for certain offences, such as:
1. Offences of theft, extortion, robbery, and dacoity.
2. Offences committed by letters or telecommunication messages.
3. Offences committed during a journey or voyage.
 Page 34 of 95

o Example: If a theft occurs on a train journey, the trial can be conducted in any
court through whose jurisdiction the train passed.
6. Section 182: Offences Committed by Letters, etc.
o Provision: If an offence of cheating is committed by means of letters or
telecommunication messages, it can be inquired into or tried by a court within whose
local jurisdiction such letters or messages were sent or received.
o Example: If a person is cheated through a fraudulent email, the trial can be
conducted in the jurisdiction where the email was received.
7. Section 183: Offence Committed on Journey or Voyage
o Provision: When an offence is committed by or against a person or thing in the
course of a journey or voyage, the court through whose local jurisdiction the person
or thing passed during such journey can conduct the inquiry or trial.
o Example: If a crime occurs on a ship traveling from Mumbai to Goa, the trial can
be conducted in either Mumbai or Goa.
8. Section 184: Place of Trial for Offences Triable Together
o Provision: When offences are triable together, they may be inquired into or tried
by any court competent to inquire into or try any of the offences.
o Example: If multiple related offences are committed by the same person, they can
be tried together in one court.
9. Section 185: Power to Order Cases to be Tried in Different Sessions Divisions
o Provision: The State Government can direct specific cases or classes of cases to be
inquired into or tried in different sessions divisions within a district, subject to prior
instructions from the High Court or Supreme Court.
o Example: For administrative efficiency, a high-profile case may be transferred to a
different sessions division.
10. Section 186: High Court to Decide in Case of Doubt
o Provision: When there is doubt about which of several courts should inquire into or
try an offence, the High Court can decide the matter.
o Example: If two courts claim jurisdiction over the same case, the High Court will
resolve the jurisdictional dispute.
11. Section 187: Power to Issue Summons or Warrant for Offence Committed Beyond
Local Jurisdiction
o Provision: A First-Class Magistrate can inquire into offences committed outside
their jurisdiction, subject to certain conditions.
o Example: A Magistrate in Delhi can issue a summons for an offence committed in
Mumbai if the conditions are met.
12. Section 188: Offences Committed Outside India
o Provision: Offences committed by Indian citizens on high seas or abroad can be
inquired into or tried in India, with prior approval from the Central Government.
o Example: An Indian citizen committing a crime on a foreign ship can be tried in
India with Central Government approval.
13. Section 189: Receipt of Evidence Relating to Offences Committed Outside India
o Provision: The Central Government can direct that evidence from foreign
jurisdictions be delivered to the court conducting the inquiry or trial in India.
o Example: Evidence collected in a foreign country can be used in an Indian court if
directed by the Central Government.
Example: Consider a scenario where a person commits a cybercrime by hacking into a bank's
system in Mumbai and transferring funds to an account in Delhi. Under Section 178, the offence can
be tried in either Mumbai or Delhi, as the crime spans multiple jurisdictions. If there is a dispute
over which court should try the case, the High Court can resolve the jurisdictional issue under Section
186.

Cognizance of Offences and Commencement of Judicial Proceedings (Sections 190-210)

Discuss the process of taking cognizance of offences by magistrates.
Process of Taking Cognizance of Offences by Magistrates (Sections 190-210)
The Code of Criminal Procedure, 1973 (CrPC) outlines the process by which magistrates take
cognizance of offences. This process is crucial as it marks the formal commencement of judicial
proceedings in criminal cases. The relevant sections (190-210) detail the procedures and conditions
under which magistrates can take cognizance of offences, ensuring that the legal process is initiated
correctly and fairly.
Section 190: Cognizance of Offences by Magistrates
Provision:
 Page 35 of 95

 Section 190(1): Subject to the provisions of this Chapter, any Magistrate of the first class,
and any Magistrate of the second class specially empowered in this behalf under sub-section
(2), may take cognizance of any offence:
o Section 190(1)(a): Upon receiving a complaint of facts which constitute such
offence.
o Section 190(1)(b): Upon a police report of such facts.
o Section 190(1)(c): Upon information received from any person other than a police
officer, or upon his own knowledge, that such offence has been committed.
Explanation:
 Complaint: A complaint is an 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.
 Police Report: A police report is a report forwarded by a police officer to a Magistrate under
Section 173(2) of the CrPC after completing an investigation.
 Information from Any Person: This allows a Magistrate to take cognizance based on
credible information received from any person other than a police officer or based on the
Magistrate's own knowledge.
Section 191: Transfer on Application of the Accused
Provision:
 When a Magistrate takes cognizance of an offence under Section 190(1)(c), the accused
may, before any evidence is taken, apply to have the case transferred to another Magistrate.
The Magistrate must inform the accused of this right.
Section 192: Making Over of Cases to Magistrates
Provision:
 Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case
for inquiry or trial to any competent Magistrate subordinate to him.
Section 193: Cognizance of Offences by Courts of Session
Provision:
 Except as otherwise expressly provided by this Code or by any other law for the time being
in force, no Court of Session shall take cognizance of any offence as a court of original
jurisdiction unless the case has been committed to it by a Magistrate under this Code.
Section 194: Additional and Assistant Sessions Judges to Try Cases Made Over to Them
Provision:
 An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions
Judge of the division may, by general or special order, make over to them for trial or as the
High Court may, by special order, direct them to try.
Section 195: Prosecution for Contempt of Lawful Authority of Public Servants, for Offences
Against Public Justice and for Offences Relating to Documents Given in Evidence
Provision:
 No court shall take cognizance of certain offences, including contempt of lawful authority of
public servants, offences against public justice, and offences relating to documents given in
evidence, except on the complaint in writing of the public servant concerned or of some
other public servant to whom he is administratively subordinate.
Section 196: Prosecution for Offences Against the State and for Criminal Conspiracy to
Commit Such Offence
Provision:
 No court shall take cognizance of any offence punishable under Chapter VI or under Section
153A, Section 295A, or Section 505 of the Indian Penal Code, or a criminal conspiracy to
commit such offence, except with the previous sanction of the Central Government or of the
State Government.
Section 197: Prosecution of Judges and Public Servants
Provision:
 When any person who is or was a Judge or Magistrate or a public servant not removable
from his office save by or with the sanction of the Government is accused of any offence
alleged to have been committed by him while acting or purporting to act in the discharge of
his official duty, no court shall take cognizance of such offence except with the previous
sanction of the Central Government or the State Government.
Section 198: Prosecution for Offences Against Marriage
Provision:
 No court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal
Code except upon a complaint made by some person aggrieved by the offence.
Section 199: Prosecution for Defamation
 Page 36 of 95

Provision:
 No court shall take cognizance of an offence punishable under Chapter XXI of the Indian
Penal Code except upon a complaint made by some person aggrieved by the offence.
Example: Consider a scenario where a person files a complaint with a Magistrate alleging that their
neighbor has committed theft. The Magistrate, upon receiving the complaint, examines the facts and
decides to take cognizance of the offence under Section 190(1)(a). The Magistrate then proceeds to
summon the accused and initiate the judicial process. If the accused believes that the Magistrate
may be biased, they can apply for the case to be transferred to another Magistrate under Section
191.

Explain the commencement of judicial proceedings under the CrPC.

Commencement of Judicial Proceedings Under the CrPC (Sections 190-210)
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedures for the commencement of
judicial proceedings in criminal cases. These sections detail how courts take cognizance of offences,
the issuance of process, and the initial steps in criminal trials. Understanding these provisions is
crucial for ensuring that criminal proceedings are initiated correctly and fairly.
Key Provisions of Sections 190-210
1. Section 190: Cognizance of Offences by Magistrates
o Provision: Any Magistrate of the first class, and any Magistrate of the second class
specially empowered, may take cognizance of any offence:
 Section 190(1)(a): Upon receiving a complaint of facts which constitute
such offence.
 Section 190(1)(b): Upon a police report of such facts.
 Section 190(1)(c): Upon information received from any person other than
a police officer, or upon his own knowledge, that such offence has been
committed.
o Explanation: This section empowers Magistrates to take cognizance of offences
based on complaints, police reports, or other credible information.
2. Section 191: Transfer on Application of the Accused
o Provision: When a Magistrate takes cognizance of an offence under Section
190(1)(c), the accused may, before any evidence is taken, apply to have the case
transferred to another Magistrate. The Magistrate must inform the accused of this
right.
3. Section 192: Making Over of Cases to Magistrates
o Provision: Any Chief Judicial Magistrate may, after taking cognizance of an offence,
make over the case for inquiry or trial to any competent Magistrate subordinate to
him.
4. Section 193: Cognizance of Offences by Courts of Session
o Provision: Except as otherwise expressly provided by this Code or by any other law
for the time being in force, no Court of Session shall take cognizance of any offence
as a court of original jurisdiction unless the case has been committed to it by a
Magistrate under this Code.
5. Section 194: Additional and Assistant Sessions Judges to Try Cases Made Over to
Them
o Provision: An Additional Sessions Judge or Assistant Sessions Judge shall try such
cases as the Sessions Judge of the division may, by general or special order, make
over to them for trial or as the High Court may, by special order, direct them to try.
6. Section 195: Prosecution for Contempt of Lawful Authority of Public Servants, for
Offences Against Public Justice and for Offences Relating to Documents Given in
Evidence
o Provision: No court shall take cognizance of certain offences, including contempt
of lawful authority of public servants, offences against public justice, and offences
relating to documents given in evidence, except on the complaint in writing of the
public servant concerned or of some other public servant to whom he is
administratively subordinate.
7. Section 196: Prosecution for Offences Against the State and for Criminal
Conspiracy to Commit Such Offence
o Provision: No court shall take cognizance of any offence punishable under Chapter
VI or under Section 153A, Section 295A, or Section 505 of the Indian Penal Code,
or a criminal conspiracy to commit such offence, except with the previous sanction
of the Central Government or of the State Government.
8. Section 197: Prosecution of Judges and Public Servants
 Page 37 of 95

o Provision: When any person who is or was a Judge or Magistrate or a public servant
not removable from his office save by or with the sanction of the Government is
accused of any offence alleged to have been committed by him while acting or
purporting to act in the discharge of his official duty, no court shall take cognizance
of such offence except with the previous sanction of the Central Government or the
State Government.
9. Section 198: Prosecution for Offences Against Marriage
o Provision: No court shall take cognizance of an offence punishable under Chapter
XX of the Indian Penal Code except upon a complaint made by some person
aggrieved by the offence.
10. Section 199: Prosecution for Defamation
o Provision: No court shall take cognizance of an offence punishable under Chapter
XXI of the Indian Penal Code except upon a complaint made by some person
aggrieved by the offence.
11. Section 200: Examination of Complainant
o Provision: A Magistrate taking cognizance of an offence on complaint shall examine
upon oath the complainant and the witnesses present, if any. The substance of such
examination shall be reduced to writing and shall be signed by the complainant and
the witnesses, and also by the Magistrate.
12. Section 201: Procedure by Magistrate Not Competent to Take Cognizance of the
Case
o Provision: If the complaint is made to a Magistrate who is not competent to take
cognizance of the offence, he shall, 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 in writing, direct the complainant to the proper court.
13. Section 202: Postponement of Issue of Process
o Provision: Any Magistrate, on receipt of a complaint of an offence of which he is
authorized to take cognizance, may, if he thinks fit, postpone the issue of process
against the accused and either inquire into the case himself or direct an investigation
to be made by a police officer or by such other person as he thinks fit, for the purpose
of deciding whether or not there is sufficient ground for proceeding.
14. Section 203: Dismissal of Complaint
o Provision: If, after considering the statements on oath (if any) of the complainant
and of the witnesses and the result of the inquiry or investigation (if any) under
Section 202, the Magistrate is of opinion that there is no sufficient ground for
proceeding, he shall dismiss the complaint, and in every such case he shall briefly
record his reasons for so doing.
15. Section 204: Issue of Process
o Provision: If in the opinion of a Magistrate taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be one in which, according
to the fourth column of the Second Schedule, a summons should issue in the first
instance, he shall issue his summons for the attendance of the accused. In a warrant
case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused
to be brought or to appear at a certain time before such Magistrate or (if he has no
jurisdiction himself) some other Magistrate having jurisdiction.
16. Section 205: Magistrate May Dispense with Personal Attendance of Accused
o Provision: Whenever a Magistrate issues a summons, he may, if he sees reason to
do so, dispense with the personal attendance of the accused and permit him to
appear by his pleader.
17. Section 206: Special Summons in Cases of Petty Offence
o Provision: If, in the opinion of a Magistrate taking cognizance of an offence, the
case is a petty offence, he may, if he thinks fit, issue a special summons to the
accused requiring him to appear by pleader or in person, and also to state whether
he pleads guilty to the charge without appearing before the Magistrate.
18. Section 207: Supply to the Accused of Copy of Police Report and Other Documents
o Provision: In any case where the proceeding has been instituted on a police report,
the Magistrate shall without delay furnish to the accused, free of cost, a copy of the
police report, the first information report recorded under Section 154, and all other
documents or relevant extracts thereof on which the prosecution proposes to rely,
including the statements and confessions, if any, recorded under Section 161 or
Section 164 and the statements recorded under sub-section (3) of Section 173.
19. Section 208: Supply of Copies of Statements and Documents to Accused in Other
Cases Triable by Court of Session
 Page 38 of 95

o Provision: Where, in a case instituted otherwise than on a police report, it appears

to the Magistrate that the offence is triable exclusively by the Court of Session, he
shall without delay furnish to the accused, free of cost, a copy of the statements and
documents referred to in Section 207.
20. Section 209: Commitment of Case to Court of Session When Offence is Triable
Exclusively by It
o Provision: When in a case instituted on a police report or otherwise, the accused
appears or is brought before the Magistrate and it appears to the Magistrate that the
offence is triable exclusively by the Court of Session, he shall commit the case to
the Court of Session, and subject to the provisions of this Code relating to bail,
remand the accused to custody until such commitment has been made.
21. Section 210: Procedure to Be Followed When There is a Complaint Case and Police
Investigation in Respect of the Same Offence
o Provision: When in a case instituted otherwise than on a police report (hereinafter
referred to as a complaint case), it is made to appear to the Magistrate, during the
course of the inquiry or trial held by him, that an investigation by the police is in
progress in relation to the same offence, the Magistrate shall stay the proceedings
of such inquiry or trial and call for a report on the matter from the police officer
conducting the investigation.
Example: Consider a scenario where a person files a complaint with a Magistrate alleging that their
neighbor has committed theft. The Magistrate, upon receiving the complaint, examines the facts and
decides to take cognizance of the offence under Section 190(1)(a). The Magistrate then proceeds to
summon the accused and initiate the judicial process. If the accused believes that the Magistrate
may be biased, they can apply for the case to be transferred to another Magistrate under Section
191.

Module 2: Charges and Trials

Charge (Sections 211-224)
What are the essential elements of a charge under the CrPC?
Essential Elements of a Charge Under the CrPC (Sections 211-224)
The Code of Criminal Procedure, 1973 (CrPC) outlines the essential elements and procedures related
to the framing of charges in criminal trials. A charge is a formal accusation made against a person,
specifying the offence they are alleged to have committed. The relevant sections (211-224) detail
the requirements and procedures for framing charges, ensuring that the accused is adequately
informed of the allegations against them.
Key Provisions of Sections 211-224
1. Section 211: Contents of Charge
o Provision: Every charge must state the offence with which the accused is charged.
If the law that creates the offence gives it any specific name, the offence may be
described in the charge by that name only. If the law does not give it any specific
name, the definition of the offence must be stated so as to give the accused notice
of the matter with which they are charged.
o Details Required:
 The charge must contain such particulars as to the time and place of the
alleged offence and the person (if any) against whom, or the thing (if any)
in respect of which, it was committed, as are reasonably sufficient to give
the accused notice of the matter with which they are charged.
 When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other property, it is sufficient to specify the
gross sum or describe the property generally.
2. Section 212: Particulars as to Time, Place, and Person
o Provision: The charge must contain particulars as to the time and place of the
alleged offence and the person (if any) against whom, or the thing (if any) in respect
of which, it was committed.
o Example: If a person is charged with theft, the charge must specify the date, time,
and place of the theft, and the person or property involved.
3. Section 213: When Manner of Committing Offence Must Be Stated
o Provision: When the nature of the case is such that the particulars mentioned in
Sections 211 and 212 do not give the accused sufficient notice of the matter with
which they are charged, the charge must also contain such particulars of the manner
in which the alleged offence was committed as will be sufficient for that purpose.
o Example: In a case of fraud, the charge must detail how the fraud was committed,
including the specific actions taken by the accused.
 Page 39 of 95

4. Section 214: Words in Charge Taken in Sense of Law Under Which Offence is
Punishable
o Provision: In every charge, words used in describing an offence must be deemed
to have been used in the sense attached to them respectively by the law under which
such offence is punishable.
5. Section 215: Effect of Errors
o Provision: 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.
6. Section 216: Court May Alter Charge
o Provision: Any court may alter or add to any charge at any time before judgment
is pronounced. Every such alteration or addition must be read and explained to the
accused.
o Example: If new evidence emerges during the trial, the court can amend the charge
to include additional offences.
7. Section 217: Recall of Witnesses When Charge Altered
o Provision: Whenever a charge is altered or added to by the court after the
commencement of the trial, the prosecutor and the accused must be allowed to recall
or re-summon, and examine with reference to such alteration or addition, any
witness who may have been examined.
8. Section 218: Separate Charges for Distinct Offences
o Provision: For every distinct offence of which any person is accused, there must be
a separate charge, and every such charge must be tried separately, except in cases
provided for in Sections 219, 220, 221, and 223.
o Example: If a person is accused of theft and assault, there must be separate
charges for each offence.
9. Section 219: Three Offences of Same Kind Within Year May Be Charged Together
o Provision: When a person is accused of more offences than one of the same kind
committed within the space of twelve months, whether in respect of the same person
or not, they may be charged with and tried at one trial for any number of them not
exceeding three.
o Example: If a person commits three thefts within a year, they can be charged and
tried for all three offences in one trial.
10. Section 220: Trial for More Than One Offence
o Provision: If, in one series of acts so connected together as to form the same
transaction, more offences than one are committed by the same person, they may
be charged with and tried at one trial for every such offence.
o Example: If a person commits burglary and, in the course of the same transaction,
commits assault, they can be charged and tried for both offences together.
11. Section 221: Where it is Doubtful What Offence Has Been Committed
o Provision: 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.
o Example: If it is unclear whether an act constitutes theft or criminal breach of trust,
the accused can be charged with both offences.
12. Section 222: When Offence Proved Included in Offence Charged
o Provision: 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.
o Example: If a person is charged with robbery (which includes theft and assault) but
only theft is proved, they can be convicted of theft.
13. Section 223: What Persons May Be Charged Jointly
o Provision: The following persons may be charged and tried together, namely:
 Persons accused of the same offence committed in the course of the same
transaction.
 Persons accused of an offence and persons accused of abetment of, or
attempt to commit, such offence.
 Page 40 of 95

 Persons accused of more offences than one of the same kind, within the
meaning of Section 219, committed by them jointly within the period of
twelve months.
 Persons accused of different offences committed in the course of the 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 of the Indian Penal
Code (45 of 1860) 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 the Indian Penal Code
(45 of 1860) 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.
14. Section 224: Withdrawal of Remaining Charges on Conviction on One of Several
Charges
o Provision: When a charge containing more heads than one is framed against the
same person, and when a conviction has been had on one or more of them, the
complainant, or the officer conducting the prosecution, may, with the consent of the
Court, withdraw the remaining charge or charges.
Example: Consider a scenario where a person is accused of committing theft and assault during a
single incident. The charge sheet must specify the date, time, and place of the incident, and the
details of the theft and assault. If the court finds sufficient evidence for theft but not for assault, the
person can be convicted of theft alone. If new evidence emerges during the trial, the court can
amend the charges to include additional offences.

Discuss the procedure for the alteration of charges.

Procedure for the Alteration of Charges Under the CrPC (Section 216)
The Code of Criminal Procedure, 1973 (CrPC) provides a detailed procedure for the alteration or
addition of charges during a trial. This ensures that the accused is fully aware of the charges against
them and can prepare an adequate defense. The relevant section for the alteration of charges is
Section 216.
Section 216: Court May Alter Charge
Provision:
 Section 216(1): Any court may alter or add to any charge at any time before judgment is
pronounced.
 Section 216(2): Every such alteration or addition shall be read and explained to the
accused.
 Section 216(3): If the alteration or addition to a charge is such that proceeding
immediately with the trial is likely, in the opinion of the court, to prejudice the accused or
the prosecutor, the court may either direct a new trial or adjourn the trial for such period as
may be necessary.
 Section 216(4): If the altered or added charge is such that proceeding immediately with
the trial is not likely to prejudice the accused or the prosecutor, the court may proceed with
the trial as if the new or altered charge had been the original charge.
 Section 216(5): Whenever a charge is altered or added to by the court after the
commencement of the trial, the prosecutor and the accused shall be allowed to recall or re-
summon, and examine with reference to such alteration or addition, any witness who may
have been examined.
Detailed Procedure for Alteration of Charges
1. Authority to Alter Charges:
o The court has the authority to alter or add to any charge at any stage of the trial
before the judgment is pronounced. This ensures that the trial can adapt to new
evidence or legal considerations that may arise during the proceedings.
2. Communication to the Accused:
o Any alteration or addition to the charge must be read and explained to the accused.
This is crucial to ensure that the accused fully understands the nature of the charges
against them and can prepare their defense accordingly.
3. Consideration of Prejudice:
 Page 41 of 95

o The court must consider whether the alteration or addition of the charge is likely to
prejudice the accused or the prosecutor. If proceeding immediately with the trial
would cause prejudice, the court has the discretion to either direct a new trial or
adjourn the trial for a necessary period.
4. Proceeding with the Trial:
o If the court determines that the alteration or addition of the charge will not prejudice
the accused or the prosecutor, it may proceed with the trial as if the new or altered
charge had been the original charge.
5. Recall and Re-examination of Witnesses:
o When a charge is altered or added after the commencement of the trial, both the
prosecutor and the accused have the right to recall or re-summon any witness who
has already been examined. This allows for the examination of witnesses in light of
the new or altered charge, ensuring a fair trial.
Example: Consider a scenario where a person is on trial for theft, and during the trial, new evidence
emerges suggesting that the accused also committed forgery in connection with the theft. The court
can alter the charge to include forgery. The altered charge must be read and explained to the
accused. If the court believes that the immediate continuation of the trial would prejudice the
accused, it may adjourn the trial to allow the accused time to prepare a defense against the new
charge. The accused and the prosecutor can also recall witnesses to examine them in light of the
new charge.
Trial before Various Courts
Explain the procedure for trial before the Court of Sessions (Sections 225-237).
Procedure for Trial Before the Court of Sessions (Sections 225-237)
The Code of Criminal Procedure, 1973 (CrPC) outlines the detailed procedure for trials before the
Court of Sessions. This procedure ensures that trials are conducted fairly, transparently, and in
accordance with the law. The relevant sections (225-237) cover various stages of the trial, from the
opening of the case to the final judgment.
Key Provisions of Sections 225-237
1. Section 225: Trial to be Conducted by Public Prosecutor
o Provision: In every trial before a Court of Session, the prosecution shall be
conducted by a Public Prosecutor.
o Explanation: This ensures that the prosecution is handled by a qualified legal
professional, ensuring fairness and adherence to legal standards.
2. Section 226: Opening Case for Prosecution
o Provision: When the accused appears or is brought before the Court in pursuance
of a commitment of the case under Section 209, the prosecutor shall open his case
by describing the charge brought against the accused and stating by what evidence
he proposes to prove the guilt of the accused.
o Explanation: This provides a clear outline of the prosecution's case, allowing the
accused to understand the charges and prepare a defense.
3. Section 227: Discharge
o Provision: If, upon consideration of the record of the case and the documents
submitted therewith, and after hearing the submissions of the accused and the
prosecution in this behalf, the Judge considers that there is not sufficient ground for
proceeding against the accused, he shall discharge the accused and record his
reasons for so doing.
o Explanation: This ensures that only cases with sufficient evidence proceed to trial,
preventing unnecessary harassment of the accused.
4. Section 228: Framing of Charge
o Provision: If, after such consideration and hearing as aforesaid, the Judge is of
opinion that there is ground for presuming that the accused has committed an
offence which—
 (a) is not exclusively triable by the Court of Session, he may frame a charge
against the accused and transfer the case for trial to the Chief Judicial
Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence
in accordance with the procedure for the trial of warrant-cases instituted on
a police report;
 (b) is exclusively triable by the Court, he shall frame in writing a charge
against the accused.
o Explanation: This formalizes the charges against the accused, ensuring clarity and
specificity.
5. Section 229: Conviction on Plea of Guilty
 Page 42 of 95

o Provision: If the accused pleads guilty, the Judge shall record the plea and may, in
his discretion, convict him thereon.
o Explanation: This allows for a swift resolution if the accused admits guilt, saving
time and resources.
6. Section 230: Date for Prosecution Evidence
o Provision: If the accused refuses to plead, or does not plead, or claims to be tried
or is not convicted under Section 229, the Judge shall fix a date for the examination
of witnesses.
o Explanation: This sets the stage for the prosecution to present its evidence.
7. Section 231: Evidence for Prosecution
o Provision: On the date so fixed, the Judge shall proceed to take all such evidence
as may be produced in support of the prosecution. The Judge may, in his discretion,
permit the cross-examination of any witness to be deferred until any other witness
or witnesses have been examined or recall any witness for further cross-
examination.
o Explanation: This ensures that all relevant evidence is presented and examined
thoroughly.
8. Section 232: Acquittal
o Provision: If, after taking the evidence for the prosecution, examining the accused
and hearing the prosecution and the defense on the point, the Judge considers that
there is no evidence that the accused committed the offence, the Judge shall record
an order of acquittal.
o Explanation: This provides a mechanism for acquittal if the prosecution fails to
present sufficient evidence.
9. Section 233: Entering Upon Defence
o Provision: Where the accused is not acquitted under Section 232, he shall be called
upon to enter on his defense and produce his evidence.
o Explanation: This allows the accused to present his case and evidence in defense.
10. Section 234: Arguments
o Provision: When the examination of the witnesses (if any) for the defense is
complete, the prosecutor shall sum up his case and the accused or his pleader shall
be entitled to reply.
o Explanation: This stage allows both parties to present their final arguments,
summarizing their cases.
11. Section 235: Judgment of Acquittal or Conviction
o Provision: After hearing arguments and points of law (if any), the Judge shall give
a judgment in the case. If the accused is convicted, the Judge shall, unless he
proceeds in accordance with the provisions of Section 360, hear the accused on the
question of sentence, and then pass sentence on him according to law.
o Explanation: This section ensures that the judgment is delivered based on the
evidence and arguments presented, and the accused is given an opportunity to be
heard on the question of sentencing.
12. Section 236: Previous Conviction
o Provision: In a case where a previous conviction is charged under the provisions of
sub-section (7) of Section 211 and the accused does not admit that he has been
previously convicted as alleged in the charge, the Judge may, after he has convicted
the accused, take evidence in respect of the alleged previous conviction, and shall
record a finding thereon.
o Explanation: This allows the court to consider previous convictions when
determining the sentence.
13. Section 237: Procedure in Cases Instituted Under Section 199(2)
o Provision: The provisions of this Chapter shall apply, as far as may be, to the trial
of cases instituted under Section 199(2).
o Explanation: This ensures that the same procedural safeguards and steps are
followed in cases instituted under Section 199(2).
Example: Consider a scenario where a person is accused of murder. The trial begins with the Public
Prosecutor opening the case and presenting the charges (Section 226). The Judge examines the
evidence and, if there is sufficient ground, frames the charge (Section 228). The accused pleads not
guilty, and the trial proceeds with the prosecution presenting its evidence (Section 231). After the
prosecution's evidence is examined, if the Judge finds no evidence of the accused's guilt, an acquittal
is ordered (Section 232). If there is sufficient evidence, the accused is called to present his defense
(Section 233). Finally, after hearing the arguments from both sides, the Judge delivers the judgment
(Section 235).
 Page 43 of 95

Discuss the trial of warrant cases by magistrates (Sections 238-250).

Trial of Warrant Cases by Magistrates (Sections 238-250)
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedure for the trial of warrant cases
by magistrates. Warrant cases are those which relate to offences punishable with death,
imprisonment for life, or imprisonment for a term exceeding two years. The procedure for these
trials is more elaborate compared to summons cases, ensuring a thorough examination of evidence
and adherence to due process.
Key Provisions of Sections 238-250
A. Cases Instituted on a Police Report
1. Section 238: Compliance with Section 207
o Provision: When, in any warrant case instituted on a police report, the accused
appears or is brought before the Magistrate at the commencement of the trial, the
Magistrate shall satisfy himself that he has complied with the provisions of Section
207, which requires the supply of copies of the police report and other documents
to the accused.
o Explanation: This ensures that the accused is fully informed of the charges and
evidence against them.
2. Section 239: When Accused Shall Be Discharged
o Provision: If, upon considering the police report and the documents sent with it
under Section 173, and making such examination, if any, of the accused 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.
o Explanation: This provision ensures that the accused is not subjected to a trial
without sufficient grounds.
3. Section 240: Framing of Charge
o Provision: If, upon such consideration, examination, and hearing, the Magistrate is
of opinion that there is ground for presuming that the accused has committed an
offence triable under this Chapter, which such Magistrate is competent to try and
which, in his opinion, could be adequately punished by him, he shall frame in writing
a charge against the accused.
o Explanation: The framing of the charge is a formal step that specifies the exact
nature of the offence the accused is alleged to have committed.
4. Section 241: Conviction on Plea of Guilty
o Provision: If the accused pleads guilty, the Magistrate shall record the plea and
may, in his discretion, convict him thereon.
o Explanation: This allows for a swift resolution if the accused admits guilt.
5. Section 242: Evidence for Prosecution
o Provision: If the accused refuses to plead, or does not plead, or claims to be tried,
or is not convicted under Section 241, the Magistrate shall fix a date for the
examination of witnesses. The Magistrate shall proceed to take all such evidence as
may be produced in support of the prosecution.
o Explanation: This stage involves the presentation of the prosecution's evidence.
6. Section 243: Evidence for Defence
o Provision: The accused shall then be called upon to enter upon his defence and
produce his evidence. The accused may also apply for the issuance of any process
for compelling the attendance of any witness or the production of any document or
thing.
o Explanation: This allows the accused to present their case and evidence in defense.
B. Cases Instituted Otherwise Than on Police Report
1. Section 244: Evidence for Prosecution
o Provision: When, in any warrant case instituted otherwise than on a police report,
the accused appears or is brought before a Magistrate, the Magistrate shall proceed
to hear the prosecution and take all such evidence as may be produced in support
of the prosecution.
o Explanation: This ensures that the prosecution's evidence is presented and
examined.
2. Section 245: When Accused Shall Be Discharged
o Provision: If, upon taking all the evidence referred to in Section 244, the Magistrate
considers, for reasons to be recorded, that no case against the accused has been
made out which, if unrebutted, would warrant his conviction, the Magistrate shall
discharge him.
 Page 44 of 95

o Explanation: This provision ensures that the accused is not subjected to a trial
without sufficient grounds.
3. Section 246: Procedure Where Accused is Not Discharged
o Provision: If, when such evidence has been taken, or at any previous stage of the
case, the Magistrate is of opinion that there is ground for presuming that the accused
has committed an offence triable under this Chapter, which such Magistrate is
competent to try and which, in his opinion, could be adequately punished by him,
he shall frame in writing a charge against the accused.
o Explanation: The framing of the charge is a formal step that specifies the exact
nature of the offence the accused is alleged to have committed.
4. Section 247: Evidence for Defence
o Provision: The accused shall then be called upon to enter upon his defence and
produce his evidence. The accused may also apply for the issuance of any process
for compelling the attendance of any witness or the production of any document or
thing.
o Explanation: This allows the accused to present their case and evidence in defense.
C. Conclusion of Trial
1. Section 248: Acquittal or Conviction
o Provision: If, in any case under this Chapter in which a charge has been framed,
the Magistrate finds the accused not guilty, he shall record an order of acquittal. If
the Magistrate finds the accused guilty, but does not proceed in accordance with the
provisions of Section 325 or Section 360, he shall, after hearing the accused on the
question of sentence, pass sentence upon him according to law.
o Explanation: This section ensures that the trial concludes with either an acquittal
or a conviction based on the evidence presented.
2. Section 249: Absence of Complainant
o Provision: When the proceedings have been instituted upon complaint, and on any
day fixed for the hearing of the case, the complainant is absent, and the offence
may be lawfully compounded or is not a cognizable offence, the Magistrate may, in
his discretion, notwithstanding anything hereinbefore contained, at any time before
the charge has been framed, discharge the accused.
o Explanation: This allows for the discharge of the accused if the complainant is
absent and the offence is compoundable or non-cognizable.
3. Section 250: Compensation for Accusation Without Reasonable Cause
o Provision: If, in any case instituted upon complaint or otherwise, the Magistrate
discharges or acquits the accused, and is of opinion that there was no reasonable
ground for making the accusation against the accused, the Magistrate may, by his
order of discharge or acquittal, direct the complainant or informant to show cause
why he should not pay compensation to the accused.
o Explanation: This provision allows the court to award compensation to the accused
if the accusation was made without reasonable cause.
Example: Consider a scenario where a person is accused of theft, a warrant case. The trial begins
with the Magistrate ensuring compliance with Section 207 by providing the accused with copies of
the police report and other documents (Section 238). If the Magistrate finds the charge groundless,
the accused is discharged (Section 239). If there is sufficient ground, the charge is framed (Section
240). The accused pleads not guilty, and the trial proceeds with the prosecution presenting its
evidence (Section 242). The accused then presents their defense (Section 243). Finally, the
Magistrate delivers a judgment of acquittal or conviction based on the evidence (Section 248).

Explain the trial of summons cases by magistrates (Sections 251-259).

Trial of Summons Cases by Magistrates (Sections 251-259)
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedure for the trial of summons cases
by magistrates. Summons cases are those relating to offences that are not punishable with death,
imprisonment for life, or imprisonment for a term exceeding two years. The procedure for these
trials is simpler and quicker compared to warrant cases, ensuring swift justice for less severe
offences.
Key Provisions of Sections 251-259
1. Section 251: Substance of Accusation to be Stated
o Provision: When the accused appears or is brought before the Magistrate, the
particulars of the offence of which he is accused shall be 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.
 Page 45 of 95

o Explanation: This ensures that the accused is fully aware of the allegations against
them and can respond accordingly.
2. Section 252: Conviction on Plea of Guilty
o Provision: If the accused pleads guilty, the Magistrate shall record the plea as
nearly as possible in the words used by the accused and may, in his discretion,
convict him thereon.
o Explanation: This allows for a swift resolution if the accused admits guilt, saving
time and resources.
3. Section 253: Conviction on Plea of Guilty in Absence of Accused in Petty Cases
o Provision: In petty cases where the accused is represented by a pleader and the
Magistrate permits, the accused can plead guilty through the pleader. The Magistrate
may convict the accused based on this plea.
o Explanation: This provision facilitates the resolution of minor offences without
requiring the physical presence of the accused.
4. Section 254: Procedure When Not Convicted
o Provision: If the Magistrate does not convict the accused under Section 252 or
Section 253, he shall proceed to hear the prosecution and take all such evidence as
may be produced in support of the prosecution. The Magistrate shall then hear the
accused and take all such evidence as he produces in his defence.
o Explanation: This ensures that both the prosecution and the defence have the
opportunity to present their cases fully.
5. Section 255: Acquittal or Conviction
o Provision: If the Magistrate, upon taking the evidence referred to in Section 254
and examining the accused, finds the accused not guilty, he shall record an order of
acquittal. If the Magistrate finds the accused guilty, he shall pass a sentence
according to law.
o Explanation: This section ensures that the trial concludes with either an acquittal
or a conviction based on the evidence presented.
6. Section 256: Non-Appearance or Death of Complainant
o Provision: If the complainant does not appear on the day appointed for the
appearance of the accused, the Magistrate shall acquit the accused unless for some
reason he thinks it proper to adjourn the hearing of the case to some other day. If
the complainant dies, the Magistrate may permit the prosecution to continue by any
other person.
o Explanation: This provision allows for the dismissal of the case if the complainant
is absent, ensuring that the accused is not unduly harassed.
7. Section 257: Withdrawal of Complaint
o Provision: If a complainant, at any time before a final order is passed in any case
under this Chapter, satisfies the Magistrate that there are sufficient grounds for
permitting him to withdraw his complaint against the accused, or if there be more
than one accused against all or any of them, the Magistrate may permit him to
withdraw the same, and shall thereupon acquit the accused against whom the
complaint is so withdrawn.
o Explanation: This allows the complainant to withdraw the complaint, leading to the
acquittal of the accused.
8. Section 258: Power to Stop Proceedings in Certain Cases
o Provision: In any summons case instituted otherwise than upon complaint, a
Magistrate of the first class, or with the previous sanction of the Chief Judicial
Magistrate, any other Judicial Magistrate, may stop the proceedings at any stage
without pronouncing any judgment. If the stoppage of proceedings is made after the
evidence of the principal witnesses has been recorded, the Magistrate shall
pronounce a judgment of acquittal, and in any other case, he shall release the
accused, and such release shall have the effect of discharge.
o Explanation: This provision allows the Magistrate to stop proceedings if it is deemed
appropriate, ensuring judicial efficiency.
9. Section 259: Power of Court to Convert Summons Cases into Warrant Cases
o Provision: When in the course of the trial of a summons case relating to an offence
punishable with imprisonment for a term exceeding six months, it appears to the
Magistrate that the case is one which ought to be tried according to the procedure
for the trial of warrant cases, he may proceed to re-hear the case as a warrant case
and may recall any witness who may have been examined.
o Explanation: This allows the Magistrate to convert a summons case into a warrant
case if the severity of the offence warrants such a change.
 Page 46 of 95

Example: Consider a scenario where a person is accused of a minor offence, such as public nuisance.
The trial begins with the Magistrate stating the particulars of the offence to the accused (Section
251). If the accused pleads guilty, the Magistrate records the plea and may convict the accused
(Section 252). If the accused pleads not guilty, the trial proceeds with the prosecution presenting
its evidence (Section 254). The accused then presents their defence. Based on the evidence, the
Magistrate either acquits or convicts the accused (Section 255).

What is a summary trial and its procedure (Sections 260-265)?

The Code of Criminal Procedure, 1973 (CrPC) provides for summary trials to ensure the swift and
efficient disposal of cases involving minor offences. Summary trials are characterized by simplified
procedures and are conducted by Magistrates with the authority to try such cases. The relevant
sections (260-265) outline the provisions and procedures for summary trials.
Key Provisions of Sections 260-265
1. Section 260: Power to Try Summarily
o Provision: Certain Magistrates are empowered to conduct summary trials. These
include:
 Any Chief Judicial Magistrate.
 Any Metropolitan Magistrate.
 Any Magistrate of the first class specially empowered by the High Court.
o Offences Triable Summarily:
 Offences not punishable with death, imprisonment for life, or imprisonment
for a term exceeding two years.
 Theft under Section 379, 380, or 381 of the Indian Penal Code (IPC), where
the value of the stolen property does not exceed ₹2,000.
 Receiving or retaining stolen property under Section 411 of the IPC, where
the value of the property does not exceed ₹2,000.
 Assisting in the concealment or disposal of stolen property under Section
414 of the IPC, where the value of the property does not exceed ₹2,000.
 Offences under Sections 454 and 456 of the IPC.
 Insult with intent to provoke a breach of the peace under Section 504 of the
IPC.
 Criminal intimidation under Section 506 of the IPC.
 Abetment of any of the above offences.
o Explanation: This section empowers specific Magistrates to conduct summary trials
for minor offences, ensuring quick resolution.
2. Section 261: Summary Trial by Magistrate of the Second Class
o Provision: The High Court may confer on any Magistrate of the second class the
power to try summarily any offence which is punishable only with fine or with
imprisonment for a term not exceeding six months with or without fine, and any
abetment of or attempt to commit any such offence.
o Explanation: This provision extends the power to conduct summary trials to
Magistrates of the second class for minor offences.
3. Section 262: Procedure for Summary Trials
o Provision: The procedure specified for the trial of summons cases shall be followed
in summary trials, subject to the following modifications:
 The sentence in a summary trial shall not exceed three months.
o Explanation: This ensures that summary trials follow a simplified procedure similar
to summons cases, with a limitation on the maximum sentence.
4. Section 263: Record in Summary Trials
o Provision: In every case tried summarily, the Magistrate shall enter, in such form
as the State Government may direct, the following particulars:
 The serial number of the case.
 The date of the commission of the offence.
 The date of the report or complaint.
 The name of the complainant (if any).
 The name, parentage, and residence of the accused.
 The offence complained of and the offence (if any) proved, and in cases
coming under clause (ii), clause (iii), or clause (iv) of sub-section (1) of
Section 260, the value of the property in respect of which the offence has
been committed.
 The plea of the accused and his examination (if any).
 The finding and, in the case of a conviction, a brief statement of the reasons
therefor.
 Page 47 of 95

 The sentence or other final order.

 The date on which proceedings terminated.
o Explanation: This section mandates the recording of essential details in summary
trials to ensure transparency and accountability.
5. Section 264: Judgment in Cases Tried Summarily
o Provision: In every case tried summarily, the Magistrate shall record the substance
of the evidence and a judgment containing a brief statement of the reasons for the
finding.
o Explanation: This ensures that even in summary trials, the judgment is well-
documented and reasoned.
6. Section 265: Language of Record and Judgment
o Provision: Every such record and judgment shall be written in the language of the
court.
o Explanation: This provision ensures that the records and judgments are accessible
and understandable to all parties involved.
Example: Consider a scenario where a person is accused of committing theft of property valued at
₹1,500. The case is brought before a Chief Judicial Magistrate who is empowered to conduct
summary trials. The Magistrate follows the procedure for summons cases, records the necessary
details as per Section 263, and conducts the trial. If the accused pleads guilty, the Magistrate may
convict the accused and impose a sentence not exceeding three months. The judgment is recorded
in the language of the court, ensuring transparency and accessibility.

Module 3: Evidence, Judgement, and Appeals

Mode of Taking Evidence and General Provisions as to Inquiries and Trials (Sections 266-352)
Discuss the mode of taking evidence in criminal trials.
The Code of Criminal Procedure, 1973 (CrPC) outlines the procedures for taking evidence in criminal
trials to ensure that the process is fair, transparent, and adheres to the principles of natural justice.
The relevant sections (266-352) cover various aspects of evidence collection, examination, and
presentation in court.
Key Provisions of Sections 266-352
1. Section 266: Special Judge May Take Evidence in Absence of Accused
o Provision: In certain cases, a Special Judge may take evidence in the absence of
the accused if the accused is absconding or cannot be found.
o Explanation: This provision ensures that the trial can proceed even if the accused
is not present, provided that the absence is justified.
2. Section 267: Power to Require Attendance of Prisoners
o Provision: The court may require the attendance of a person confined or detained
in prison for the purpose of giving evidence or for answering to a charge of an
offence.
o Explanation: This ensures that prisoners can be brought to court to provide
evidence or face charges.
3. Section 268: Power to Exclude Certain Persons from Court
o Provision: The court may exclude any person from the court if it considers it
necessary for the safety of the witness or for any other reason.
o Explanation: This provision protects the safety and privacy of witnesses and other
individuals involved in the trial.
4. Section 269: Mode of Taking and Recording Evidence in Inquiries and Trials
o Provision: The evidence of each witness shall be taken down in writing in the
language of the court by the Magistrate or Sessions Judge, or under their direction
and superintendence.
o Explanation: This ensures that the evidence is accurately recorded and can be
referred to during the trial.
5. Section 270: Record in Summons-Cases and Inquiries
o Provision: In summons-cases and inquiries, the Magistrate shall make a
memorandum of the substance of the evidence of each witness as the examination
of the witness proceeds.
o Explanation: This simplifies the recording process in less severe cases, ensuring
that the essential points of the evidence are captured.
6. Section 271: Record in Warrant-Cases
o Provision: In warrant-cases, the Magistrate shall record the evidence of each
witness in full, either in writing or by dictation in open court.
o Explanation: This ensures a detailed and complete record of the evidence in more
serious cases.
 Page 48 of 95

7. Section 272: Language of Record of Evidence

o Provision: The record of evidence shall be in the language of the court.
o Explanation: This ensures that the evidence is recorded in a language that is
understood by the court and the parties involved.
8. Section 273: Evidence to Be Taken in Presence of Accused
o Provision: Except as otherwise expressly provided, all evidence taken in the course
of the trial or other proceeding shall be taken in the presence of the accused, or
when his personal attendance is dispensed with, in the presence of his pleader.
o Explanation: This ensures that the accused has the opportunity to hear the
evidence against them and to cross-examine the witnesses.
9. Section 274: Record in Summons-Cases and Inquiries
o Provision: In summons-cases and inquiries, the Magistrate shall make a
memorandum of the substance of the evidence of each witness as the examination
of the witness proceeds.
o Explanation: This provision is similar to Section 270 and ensures that the essential
points of the evidence are captured in less severe cases.
10. Section 275: Record in Warrant-Cases
o Provision: In warrant-cases, the Magistrate shall record the evidence of each
witness in full, either in writing or by dictation in open court.
o Explanation: This provision is similar to Section 271 and ensures a detailed and
complete record of the evidence in more serious cases.
11. Section 276: Record in Trials Before Court of Session
o Provision: In trials before a Court of Session, the evidence of each witness shall be
taken down in writing in the language of the court by the Sessions Judge, or under
his direction and superintendence.
o Explanation: This ensures that the evidence is accurately recorded in serious cases
tried before a Sessions Court.
12. Section 277: Language of Record of Evidence
o Provision: The record of evidence shall be in the language of the court.
o Explanation: This provision is similar to Section 272 and ensures that the evidence
is recorded in a language that is understood by the court and the parties involved.
13. Section 278: Procedure in Regard to Such Evidence When Completed
o Provision: As the evidence of each witness taken under Section 275 or Section 276
is completed, it shall be read over to the witness in the presence of the accused, if
in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be
corrected.
o Explanation: This ensures that the evidence is accurately recorded and verified by
the witness.
14. Section 279: Interpretation of Evidence to Accused or His Pleader
o Provision: Whenever any evidence is given in a language not understood by the
accused, and he is present in court in person, it shall be interpreted to him in open
court in a language understood by him.
o Explanation: This ensures that the accused fully understands the evidence
presented against them.
15. Section 280: Remarks Respecting Demeanor of Witness
o Provision: When a presiding Judge or Magistrate has recorded the evidence of a
witness, he shall also record such remarks (if any) as he thinks material respecting
the demeanor of such witness whilst under examination.
o Explanation: This allows the court to note the behavior and demeanor of witnesses,
which may be relevant to assessing their credibility.
16. Section 281: Record of Examination of Accused
o Provision: Whenever the accused is examined by any Magistrate or by any Court
other than a High Court, the whole of such examination, including every question
put to him and every answer given by him, shall be recorded in full.
o Explanation: This ensures that the examination of the accused is fully documented.
17. Section 282: Interpreter to Be Bound to Interpret Truthfully
o Provision: When the services of an interpreter are required by any Criminal Court
for the interpretation of any evidence or statement, he shall be bound to state the
true interpretation of such evidence or statement.
o Explanation: This ensures the accuracy and reliability of interpreted evidence.
18. Section 283: Record of Evidence in Absence of Accused
 Page 49 of 95

o Provision: If the accused is not present in court, the evidence of any witness may
be recorded in his absence, provided that the evidence is read over to the accused
when he appears, and he is given an opportunity to cross-examine the witness.
o Explanation: This ensures that the accused has the opportunity to hear and
challenge the evidence against them, even if they were not present when it was
initially recorded.
19. Section 284: When Attendance of Witness May Be Dispensed With and Commission
Issued
o Provision: Whenever, in the course of an inquiry, trial, or other proceeding under
this Code, it appears to a Court or Magistrate that the examination of a witness is
necessary for the ends of justice, and that the attendance of such witness cannot be
procured without an amount of delay, expense, or inconvenience which, under the
circumstances of the case, would be unreasonable, such Court or Magistrate may
dispense with such attendance and may issue a commission for the examination of
the witness.
o Explanation: This allows the court to take evidence from witnesses who cannot
attend in person, ensuring that their testimony is still considered.
20. Section 285: Commission to Whom to Be Issued
o Provision: The commission for the examination of a witness under Section 284 shall
be issued to any Magistrate of the first class or to any Civil Court within the local
limits of whose jurisdiction the witness resides.
o Explanation: This ensures that the commission is issued to a competent authority.
21. Section 286: Execution of Commissions
o Provision: Upon receipt of the commission, the Magistrate or Civil Court to whom
it is issued shall proceed to examine the witness, and the examination shall be
conducted in the same manner as if the witness had been produced before the court
issuing the commission.
o Explanation: This ensures that the examination of the witness is conducted
properly and in accordance with the law.
22. Section 287: Return of Commission
o Provision: After the commission has been duly executed, it shall be returned,
together with the deposition of the witness examined thereunder, to the court or
Magistrate issuing the commission, and the commission, the return thereto, and the
deposition shall be open at all reasonable times to inspection by the parties, and
may, subject to all just exceptions, be read in evidence in the case.
o Explanation: This ensures that the evidence collected through the commission is
properly documented and made available to the parties involved.
23. Section 288: Evidence Taken in Previous Trial to Be Used in Subsequent Trial
o Provision: The evidence of a witness duly recorded in the presence of the accused
in any previous trial may, in the discretion of the court, be read as evidence in any
subsequent trial of the same accused for the same offence, or for any other offence
for which such evidence is relevant.
o Explanation: This allows the use of previously recorded evidence in subsequent
trials, ensuring continuity and efficiency.
24. Section 289: Adjournment in Absence of Witness
o Provision: If the court is satisfied that the absence of a witness is due to
circumstances beyond the control of the prosecution, it may adjourn the trial to a
future date.
o Explanation: This ensures that the trial can proceed fairly, even if a witness is
temporarily unavailable.
25. Section 290: Deposition of Medical Witness
o Provision: The deposition of a medical witness taken and attested by a Magistrate
in the presence of the accused may be given in evidence in any inquiry, trial, or
other proceeding under this Code, although the deponent is not called as a witness.
o Explanation: This allows the use of medical evidence without requiring the physical
presence of the medical witness, provided the deposition was properly recorded.
26. Section 291: Deposition of Chemical Examiner, etc.
o Provision: Any document purporting to be a report under the hand of any Chemical
Examiner or Assistant Chemical Examiner to Government, or the Chief Inspector of
Explosives, or the Director of the Finger Print Bureau, or an officer of the Mint, or of
any other officer appointed by the Government in this behalf, upon any matter or
thing duly submitted to him for examination or analysis and report in the course of
 Page 50 of 95

any proceeding under this Code, may be used as evidence in any inquiry, trial, or
other proceeding under this Code.
o Explanation: This allows the use of expert reports as evidence without requiring
the physical presence of the expert, provided the report is properly authenticated.
27. Section 292: Evidence of Officers of Mint
o Provision: Any document purporting to be a report under the hand of any officer of
the Mint upon any matter or thing duly submitted to him for examination and report
in the course of any proceeding under this Code may be used as evidence in any
inquiry, trial, or other proceeding under this Code.
o Explanation: This provision is similar to Section 291 and allows the use of expert
reports from officers of the Mint.
28. Section 293: Reports of Certain Government Scientific Experts
o Provision: Any document purporting to be a report under the hand of a Government
scientific expert to whom this section applies, upon any matter or thing duly
submitted to him for examination or analysis and report in the course of any
proceeding under this Code, may be used as evidence in any inquiry, trial, or other
proceeding under this Code.
o Explanation: This allows the use of scientific reports as evidence without requiring
the physical presence of the expert, provided the report is properly authenticated.
29. Section 294: No Formal Proof of Certain Documents
o Provision: Where any document is filed before any court by the prosecution or the
accused, the particulars of every such document shall be included in a list, and the
prosecution or the accused, as the case may be, or the pleader for the prosecution
or the accused, if any, shall be called upon to admit or deny the genuineness of each
such document. The list of documents shall be in such form as may be prescribed
by the State Government.
o Explanation: This simplifies the process of admitting documents as evidence by
allowing the parties to admit or deny their genuineness without requiring formal
proof.
30. Section 295: Affidavit in Proof of Conduct of Public Servants
o Provision: When any application is made to any court in the course of any inquiry,
trial, or other proceeding under this Code, and allegations are made therein
respecting any public servant, the applicant may give evidence of the facts alleged
in the application by affidavit, and the court may, if it thinks fit, order that evidence
relating to such facts be given by affidavit.
o Explanation: This allows the use of affidavits to provide evidence regarding the
conduct of public servants, simplifying the process.
31. Section 296: Evidence of Formal Character on Affidavit
o Provision: The evidence of any person whose evidence is of a formal character may
be given by affidavit, and may, subject to all just exceptions, be read in evidence in
any inquiry, trial, or other proceeding under this Code.
o Explanation: This allows the use of affidavits for formal evidence, streamlining the
process.
32. Section 297: Authorities Before Whom Affidavits May Be Sworn
o Provision: Affidavits to be used before any court under this Code may be sworn or
affirmed before any court or Magistrate, or any officer or other person appointed by
any such court or Magistrate for that purpose, or before any notary appointed under
the Notaries Act, 1952.
o Explanation: This ensures that affidavits are properly sworn or affirmed before
authorized persons.
33. Section 298: Previous Conviction or Acquittal How Proved
o Provision: In any inquiry, trial, or other proceeding under this Code, a previous
conviction or acquittal may be proved, in addition to any other mode provided by
any law for the time being in force, by an extract certified under the hand of the
officer having the custody of the records of the court in which such conviction or
acquittal was had, to be a copy of the sentence or order, or by a certificate signed
by the officer in charge of the jail in which the punishment or any part thereof was
undergone.
o Explanation: This allows the use of certified extracts or certificates to prove
previous convictions or acquittals.
34. Section 299: Record of Evidence in Absence of Accused
o Provision: If it is proved that an accused person has absconded, and that there is
no immediate prospect of arresting him, the court competent to try or commit for
 Page 51 of 95

trial such person for the offence complained of may, in his absence, examine the
witnesses (if any) produced on behalf of the prosecution, and record their
depositions. Any such deposition may, on the arrest of such person, be given in
evidence against him on the inquiry into, or trial for, the offence with which he is
charged, if the deponent is dead or incapable of giving evidence, or his attendance
cannot be procured without an amount of delay, expense, or inconvenience which,
under the circumstances of the case, would be unreasonable.
o Explanation: This allows the court to record evidence in the absence of the accused
if they have absconded, ensuring that the evidence is preserved for future use.
Example: Consider a scenario where a person is accused of theft. The trial begins with the
prosecution presenting its evidence. Each witness's testimony is recorded in writing by the
Magistrate (Section 269). The accused is present in court and has the opportunity to hear the
evidence and cross-examine the witnesses (Section 273). If a witness cannot attend in person, the
court may issue a commission to take their evidence (Section 284). The evidence is read over to the
witness and the accused to ensure accuracy (Section 278). If the accused does not understand the
language of the court, the evidence is interpreted for them (Section 279).

Explain the general provisions as to inquiries and trials under the CrPC.
The Code of Criminal Procedure, 1973 (CrPC) outlines several general provisions to ensure that
inquiries and trials are conducted fairly, transparently, and efficiently. These provisions cover various
aspects, including the rights of the accused, the role of public prosecutors, and procedural
safeguards.
Key Provisions of Sections 300-327
1. Section 300: Person Once Convicted or Acquitted Not to Be Tried for Same Offence
o Provision: A person who has been tried and convicted or acquitted by a competent
court cannot be tried again for the same offence (principle of double jeopardy).
o Explanation: This protects individuals from being prosecuted multiple times for the
same offence.
2. Section 301: Appearance by Public Prosecutors
o Provision: Public Prosecutors or Assistant Public Prosecutors can appear and plead
without written authority before any court in which the case is under inquiry, trial,
or appeal.
o Explanation: This ensures that the prosecution is conducted by authorized legal
professionals.
3. Section 302: Permission to Conduct Prosecution
o Provision: Magistrates may permit any person other than a police officer below the
rank of Inspector to conduct the prosecution, but no one other than the Advocate-
General, Government Advocate, or Public Prosecutor can do so without permission.
o Explanation: This allows flexibility in who can conduct the prosecution, ensuring
competence.
4. Section 303: Right of Person Against Whom Proceedings Are Instituted to Be
Defended
o Provision: Any person accused of an offence has the right to be defended by a
pleader of their choice.
o Explanation: This ensures the right to legal representation for the accused.
5. Section 304: Legal Aid to Accused at State Expense in Certain Cases
o Provision: If the accused is not represented by a pleader in a trial before the Court
of Session, the court must assign a pleader for their defense at the expense of the
State if the accused cannot afford one.
o Explanation: This ensures that the accused receives legal representation,
regardless of their financial status.
6. Section 305: Procedure When Corporation or Registered Society is an Accused
o Provision: When a corporation or registered society is an accused, it may appoint
a representative to appear in court on its behalf.
o Explanation: This allows legal entities to be represented in court proceedings.
7. Section 306: Tender of Pardon to Accomplice
o Provision: The court may tender a pardon to an accomplice to obtain evidence
against other accused persons.
o Explanation: This provision helps in gathering crucial evidence by offering
immunity to an accomplice.
8. Section 307: Power to Direct Tender of Pardon
o Provision: The Sessions Judge or Chief Judicial Magistrate can direct the tender of
a pardon to an accomplice.
 Page 52 of 95

o Explanation: This ensures that higher judicial authorities can also offer pardons to
gather evidence.
9. Section 308: Trial of Person Not Complying with Conditions of Pardon
o Provision: If a person who has accepted a pardon does not comply with its
conditions, they can be tried for the offence they were pardoned for.
o Explanation: This ensures that the conditions of the pardon are adhered to.
10. Section 309: Power to Postpone or Adjourn Proceedings
o Provision: The court may postpone or adjourn proceedings for a reasonable period
if necessary.
o Explanation: This allows flexibility in managing court schedules and ensuring fair
trials.
11. Section 310: Local Inspection
o Provision: The court may inspect any place or thing relevant to the inquiry or trial.
o Explanation: This allows the court to gather firsthand information.
12. Section 311: Power to Summon Material Witness, or Examine Person Present
o Provision: The court may summon any person as a witness or recall and re-examine
any person already examined if their evidence appears essential to the case.
o Explanation: This ensures that all relevant evidence is considered.
13. Section 311A: Power of Magistrate to Order Person to Give Specimen Signatures
or Handwriting
o Provision: The Magistrate may order any person to give specimen signatures or
handwriting for the purpose of investigation or trial.
o Explanation: This aids in the verification of documents and evidence.
14. Section 312: Expenses of Complainants and Witnesses
o Provision: The court may order payment of reasonable expenses to complainants
and witnesses.
o Explanation: This ensures that individuals are not financially burdened for
participating in legal proceedings.
15. Section 313: Power to Examine the Accused
o Provision: The court may question the accused to explain any circumstances
appearing in the evidence against them.
o Explanation: This allows the accused to present their side of the story.
16. Section 314: Oral Arguments and Memorandum of Arguments
o Provision: The prosecution and the defense may present oral arguments and
submit a memorandum of arguments.
o Explanation: This ensures that both sides have the opportunity to present their
case comprehensively.
17. Section 315: Accused Person to Be Competent Witness
o Provision: The accused is a competent witness for the defense and may give
evidence on their own behalf.
o Explanation: This allows the accused to testify in their defense.
18. Section 316: No Influence to Be Used to Induce Disclosure
o Provision: No influence, by means of any promise or threat, shall be used to induce
any person to disclose or withhold any matter within their knowledge.
o Explanation: This ensures that evidence is given freely and voluntarily.
19. Section 317: Provision for Inquiries and Trial Being Held in the Absence of Accused
in Certain Cases
o Provision: The court may proceed with the trial in the absence of the accused if
their presence is not necessary and they are represented by a pleader.
o Explanation: This allows the trial to proceed without unnecessary delays.
20. Section 318: Procedure Where Accused Does Not Understand Proceedings
o Provision: If the accused does not understand the proceedings, the court must take
steps to ensure that they do.
o Explanation: This ensures that the accused can participate meaningfully in their
defense.
21. Section 319: Power to Proceed Against Other Persons Appearing to Be Guilty of
Offence
o Provision: The court may proceed against any person not being the accused who
appears to have committed an offence.
o Explanation: This allows the court to bring additional offenders to justice.
22. Section 320: Compounding of Offences
o Provision: Certain offences may be compounded (settled) by the parties involved,
with or without the permission of the court.
 Page 53 of 95

o Explanation: This allows for the amicable resolution of minor offences.

23. Section 321: Withdrawal from Prosecution
o Provision: The Public Prosecutor or Assistant Public Prosecutor may withdraw from
the prosecution with the consent of the court.
o Explanation: This allows the prosecution to be discontinued if deemed appropriate.
24. Section 322: Procedure in Cases Which Magistrate Cannot Dispose Of
o Provision: If a Magistrate finds that a case should be tried by a higher court, they
must submit the case to that court.
o Explanation: This ensures that cases are tried by the appropriate level of judiciary.
25. Section 323: Procedure When, After Commencement of Inquiry or Trial, Magistrate
Finds Case Should Be Committed
o Provision: If a Magistrate finds that a case should be committed to the Court of
Session, they must commit the case accordingly.
o Explanation: This ensures that serious cases are tried by the appropriate court.
26. Section 324: Trial of Persons Previously Convicted of Offences Against Coinage,
Stamp-Law or Property
o Provision: Special provisions apply for the trial of persons previously convicted of
certain offences.
o Explanation: This ensures that repeat offenders are dealt with appropriately.
27. Section 325: Procedure When Magistrate Cannot Pass Sentence Sufficiently Severe
o Provision: If a Magistrate finds that the punishment they can impose is insufficient,
they must submit the case to a higher court.
o Explanation: This ensures that appropriate sentences are imposed.
28. Section 326: Conviction or Commitment on Evidence Partly Recorded by One
Magistrate and Partly by Another
o Provision: A successor Magistrate can continue a trial based on evidence recorded
by their predecessor.
o Explanation: This ensures continuity in the trial process.
29. Section 327: Court to Be Open
o Provision: All criminal courts must be open to the public, except in certain cases
where the court directs otherwise.
o Explanation: This ensures transparency in judicial proceedings.
Example: Consider a scenario where a person is accused of theft. The trial begins with the
prosecution presenting its evidence. Each witness's testimony is recorded in writing by the
Magistrate (Section 269). The accused is present in court and has the opportunity to hear the
evidence and cross-examine the witnesses (Section 273). If a witness cannot attend in person, the
court may issue a commission to take their evidence (Section 284). The evidence is read over to the
witness and the accused to ensure accuracy (Section 278). If the accused does not understand the
language of the court, the evidence is interpreted for them (Section 279).

Judgement (Sections 353-365)

What are the essential elements of a judgment under the CrPC?
The Code of Criminal Procedure, 1973 (CrPC) outlines the essential elements and procedures for
delivering judgments in criminal cases. A judgment is the final decision of the court regarding the
guilt or innocence of the accused and the consequent sentence, if any. The relevant sections (353-
365) detail the requirements for a valid judgment, ensuring that it is clear, reasoned, and legally
sound.
Key Provisions of Sections 353-365
1. Section 353: Judgment
o Provision: The judgment in every trial in any criminal court of original jurisdiction
shall be pronounced in open court by the presiding officer immediately after the
termination of the trial or at some subsequent time of which notice shall be given to
the parties or their pleaders.
o Explanation: This ensures that the judgment is delivered publicly and that all
parties are informed of the decision.
2. Section 354: Language and Contents of Judgment
o Provision: The judgment shall be written in the language of the court and shall
contain:
 The points for determination.
 The decision thereon.
 The reasons for the decision.
o Explanation: This ensures that the judgment is clear, reasoned, and
understandable.
 Page 54 of 95

3. Section 355: Metropolitan Magistrate's Judgment

o Provision: In cases tried by Metropolitan Magistrates, the judgment shall contain:
 The serial number of the case.
 The date of the commission of the offence.
 The name of the complainant (if any).
 The name of the accused person and his parentage and residence.
 The offence complained of or proved.
 The plea of the accused and his examination (if any).
 The final order.
 The date of such order.
o Explanation: This ensures that the judgment in cases tried by Metropolitan
Magistrates is concise and contains all necessary details.
4. Section 356: Order for Notifying Address of Previously Convicted Offender
o Provision: The court may order a person convicted of certain offences to notify their
residence and any change of residence to the police for a specified period.
o Explanation: This provision helps in monitoring previously convicted offenders.
5. Section 357: Order to Pay Compensation
o Provision: The court may order the accused to pay compensation to the victim for
any loss or injury caused by the offence.
o Explanation: This ensures that victims receive compensation for their losses.
6. Section 357A: Victim Compensation Scheme
o Provision: The State Government, in coordination with the Central Government,
shall prepare a scheme for providing funds for the purpose of compensation to the
victim or their dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation.
o Explanation: This provision ensures that victims receive financial support for
rehabilitation.
7. Section 357B: Compensation to Be in Addition to Fine Under Section 326A or
Section 376D of IPC
o Provision: The compensation ordered under Section 357A shall be in addition to
the fine imposed under Section 326A or Section 376D of the Indian Penal Code.
o Explanation: This ensures that victims receive adequate compensation in addition
to any fines imposed on the accused.
8. Section 357C: Treatment of Victims
o Provision: All hospitals, public or private, whether run by the Central Government,
the State Government, local bodies, or any other person, shall immediately provide
the first aid or medical treatment, free of cost, to the victims of any offence covered
under Sections 326A, 376, 376A, 376B, 376C, 376D, or 376E of the Indian Penal
Code, and shall immediately inform the police of such incident.
o Explanation: This ensures that victims receive immediate medical attention.
9. Section 358: Compensation to Persons Groundlessly Arrested
o Provision: The court may order compensation to be paid to any person who has
been groundlessly arrested.
o Explanation: This provision protects individuals from wrongful arrest and ensures
they are compensated for any harm suffered.
10. Section 359: Order to Pay Costs in Non-Cognizable Cases
o Provision: The court may order the accused to pay the costs of the prosecution in
non-cognizable cases.
o Explanation: This ensures that the prosecution is not financially burdened in non-
cognizable cases.
11. Section 360: Order to Release on Probation of Good Conduct or After Admonition
o Provision: The court may release an offender on probation of good conduct or after
due admonition, instead of sentencing them to punishment.
o Explanation: This provision allows for the rehabilitation of offenders without
imposing harsh penalties.
12. Section 361: Special Reasons to Be Recorded in Certain Cases
o Provision: If the court does not make an order under Section 360, it must record
the special reasons for not doing so.
o Explanation: This ensures transparency and accountability in sentencing decisions.
13. Section 362: Court Not to Alter Judgment
o Provision: No court shall alter or review its judgment or final order once it has been
signed, except to correct a clerical or arithmetical error.
o Explanation: This ensures the finality and integrity of judgments.
 Page 55 of 95

14. Section 363: Copy of Judgment to Be Given to the Accused and Other Persons
o Provision: A copy of the judgment shall be given to the accused free of cost
immediately after the judgment is pronounced. Copies shall also be given to other
persons affected by the judgment upon application and payment of the prescribed
fee.
o Explanation: This ensures that the accused and other affected parties have access
to the judgment.
15. Section 364: Judgment When to Be Translated
o Provision: If the judgment is delivered in a language not understood by the
accused, it shall be translated into a language understood by them.
o Explanation: This ensures that the accused fully understands the judgment.
16. Section 365: Court of Session to Send Copy of Finding and Sentence to District
Magistrate
o Provision: The Court of Session shall send a copy of its finding and sentence to the
District Magistrate.
o Explanation: This ensures that the District Magistrate is informed of the court's
decisions.
Example: Consider a scenario where a person is convicted of theft. The judgment will be pronounced
in open court (Section 353) and will include the points for determination, the decision, and the
reasons for the decision (Section 354). If the accused is ordered to pay compensation to the victim,
this will be included in the judgment (Section 357). A copy of the judgment will be provided to the
accused free of cost (Section 363).

Discuss the procedure for delivering a judgment.

The Code of Criminal Procedure, 1973 (CrPC) outlines the detailed procedure for delivering
judgments in criminal cases. A judgment is the final decision of the court regarding the guilt or
innocence of the accused and the consequent sentence, if any. The relevant sections (353-365)
ensure that the judgment is delivered in a clear, reasoned, and legally sound manner.
Key Provisions of Sections 353-365
1. Section 353: Judgment
o Provision: The judgment in every trial in any criminal court of original jurisdiction
shall be pronounced in open court by the presiding officer immediately after the
termination of the trial or at some subsequent time of which notice shall be given to
the parties or their pleaders.
o Explanation: This ensures that the judgment is delivered publicly and that all
parties are informed of the decision.
2. Section 354: Language and Contents of Judgment
o Provision: The judgment shall be written in the language of the court and shall
contain:
 The points for determination.
 The decision thereon.
 The reasons for the decision.
o Explanation: This ensures that the judgment is clear, reasoned, and
understandable.
3. Section 355: Metropolitan Magistrate's Judgment
o Provision: In cases tried by Metropolitan Magistrates, the judgment shall contain:
 The serial number of the case.
 The date of the commission of the offence.
 The name of the complainant (if any).
 The name of the accused person and his parentage and residence.
 The offence complained of or proved.
 The plea of the accused and his examination (if any).
 The final order.
 The date of such order.
o Explanation: This ensures that the judgment in cases tried by Metropolitan
Magistrates is concise and contains all necessary details.
4. Section 356: Order for Notifying Address of Previously Convicted Offender
o Provision: The court may order a person convicted of certain offences to notify their
residence and any change of residence to the police for a specified period.
o Explanation: This provision helps in monitoring previously convicted offenders.
5. Section 357: Order to Pay Compensation
o Provision: The court may order the accused to pay compensation to the victim for
any loss or injury caused by the offence.
 Page 56 of 95

o Explanation: This ensures that victims receive compensation for their losses.
6. Section 357A: Victim Compensation Scheme
o Provision: The State Government, in coordination with the Central Government,
shall prepare a scheme for providing funds for the purpose of compensation to the
victim or their dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation.
o Explanation: This provision ensures that victims receive financial support for
rehabilitation.
7. Section 357B: Compensation to Be in Addition to Fine Under Section 326A or
Section 376D of IPC
o Provision: The compensation ordered under Section 357A shall be in addition to
the fine imposed under Section 326A or Section 376D of the Indian Penal Code.
o Explanation: This ensures that victims receive adequate compensation in addition
to any fines imposed on the accused.
8. Section 357C: Treatment of Victims
o Provision: All hospitals, public or private, whether run by the Central Government,
the State Government, local bodies, or any other person, shall immediately provide
the first aid or medical treatment, free of cost, to the victims of any offence covered
under Sections 326A, 376, 376A, 376B, 376C, 376D, or 376E of the Indian Penal
Code, and shall immediately inform the police of such incident.
o Explanation: This ensures that victims receive immediate medical attention.
9. Section 358: Compensation to Persons Groundlessly Arrested
o Provision: The court may order compensation to be paid to any person who has
been groundlessly arrested.
o Explanation: This provision protects individuals from wrongful arrest and ensures
they are compensated for any harm suffered.
10. Section 359: Order to Pay Costs in Non-Cognizable Cases
o Provision: The court may order the accused to pay the costs of the prosecution in
non-cognizable cases.
o Explanation: This ensures that the prosecution is not financially burdened in non-
cognizable cases.
11. Section 360: Order to Release on Probation of Good Conduct or After Admonition
o Provision: The court may release an offender on probation of good conduct or after
due admonition, instead of sentencing them to punishment.
o Explanation: This provision allows for the rehabilitation of offenders without
imposing harsh penalties.
12. Section 361: Special Reasons to Be Recorded in Certain Cases
o Provision: If the court does not make an order under Section 360, it must record
the special reasons for not doing so.
o Explanation: This ensures transparency and accountability in sentencing decisions.
13. Section 362: Court Not to Alter Judgment
o Provision: No court shall alter or review its judgment or final order once it has been
signed, except to correct a clerical or arithmetical error.
o Explanation: This ensures the finality and integrity of judgments.
14. Section 363: Copy of Judgment to Be Given to the Accused and Other Persons
o Provision: A copy of the judgment shall be given to the accused free of cost
immediately after the judgment is pronounced. Copies shall also be given to other
persons affected by the judgment upon application and payment of the prescribed
fee.
o Explanation: This ensures that the accused and other affected parties have access
to the judgment.
15. Section 364: Judgment When to Be Translated
o Provision: If the judgment is delivered in a language not understood by the
accused, it shall be translated into a language understood by them.
o Explanation: This ensures that the accused fully understands the judgment.
16. Section 365: Court of Session to Send Copy of Finding and Sentence to District
Magistrate
o Provision: The Court of Session shall send a copy of its finding and sentence to the
District Magistrate.
o Explanation: This ensures that the District Magistrate is informed of the court's
decisions.
Example: Consider a scenario where a person is convicted of theft. The judgment will be pronounced
in open court (Section 353) and will include the points for determination, the decision, and the
 Page 57 of 95

reasons for the decision (Section 354). If the accused is ordered to pay compensation to the victim,
this will be included in the judgment (Section 357). A copy of the judgment will be provided to the
accused free of cost (Section 363).

Appeals (Sections 372-394)

Explain the provisions relating to appeals under the CrPC.
The Code of Criminal Procedure, 1973 (CrPC) provides a comprehensive framework for the process
of appeals in criminal cases. These provisions ensure that parties aggrieved by a decision have the
opportunity to seek a review by a higher court. The relevant sections (372-394) outline the types of
appeals, the courts to which appeals can be made, and the procedures to be followed.
Key Provisions of Sections 372-394
1. Section 372: No Appeal to Lie Unless Otherwise Provided
o Provision: No appeal shall lie from any judgment or order of a criminal court except
as provided by this Code or by any other law for the time being in force.
o Explanation: This section establishes that appeals are not a matter of right and can
only be made if explicitly allowed by the CrPC or other laws.
2. Section 373: Appeal from Orders Requiring Security or Refusal to Accept or
Rejecting Surety for Keeping Peace or Good Behaviour
o Provision: An appeal lies from any order requiring security for keeping the peace
or for good behaviour, or refusing to accept or rejecting a surety for the same.
o Explanation: This allows individuals to appeal against orders related to security for
keeping peace or good behaviour.
3. Section 374: Appeals from Convictions
o Provision:
 (1) Any person convicted on a trial held by a High Court in its extraordinary
original criminal jurisdiction may appeal to the Supreme Court.
 (2) Any person convicted on a trial held by a Sessions Judge or an Additional
Sessions Judge, or on a trial held by any other court in which a sentence of
imprisonment for more than seven years has been passed against him, may
appeal to the High Court.
 (3) Any person convicted on a trial held by a Metropolitan Magistrate or
Assistant Sessions Judge, or on a trial held by any other court, may appeal
to the Court of Session.
o Explanation: This section specifies the courts to which appeals can be made based
on the court of original conviction and the severity of the sentence.
4. Section 375: No Appeal in Certain Cases When Accused Pleads Guilty
o Provision: No appeal shall lie in cases where the accused has pleaded guilty and
has been convicted on such plea by a High Court, Sessions Court, or any other court,
except as to the extent or legality of the sentence.
o Explanation: This limits the right to appeal in cases where the accused has pleaded
guilty, except for challenging the sentence.
5. Section 376: No Appeal in Petty Cases
o Provision: No appeal shall lie from a sentence of fine not exceeding ₹100 or
imprisonment for a term not exceeding three months, except on a question of law.
o Explanation: This provision restricts appeals in minor cases to questions of law
only.
6. Section 377: Appeal by the State Government Against Sentence
o Provision: The State Government may direct the Public Prosecutor to present an
appeal to the High Court against the sentence on the ground of its inadequacy.
o Explanation: This allows the State Government to appeal against sentences
deemed inadequate.
7. Section 378: Appeal in Case of Acquittal
o Provision:
 (1) The District Magistrate may, in any case, direct the Public Prosecutor to
present an appeal to the Court of Session from an order of acquittal passed
by a Magistrate.
 (2) The State Government may, in any case, direct the Public Prosecutor to
present an appeal to the High Court from an original or appellate order of
acquittal passed by any court other than a High Court.
o Explanation: This allows appeals against acquittals by the prosecution.
8. Section 379: Appeal Against Conviction by High Court in Certain Cases
o Provision: An appeal lies to the Supreme Court from any judgment, final order, or
sentence in a criminal proceeding of a High Court if the High Court has on appeal
 Page 58 of 95

reversed an order of acquittal of an accused person and sentenced him to death or

imprisonment for life or for a term of ten years or more.
o Explanation: This provides for appeals to the Supreme Court in specific serious
cases.
9. Section 380: Special Right of Appeal in Certain Cases
o Provision: When more persons than one are convicted in one trial, and an
appealable judgment or order has been passed in respect of any of such persons, all
or any of the other persons convicted at such trial shall have a right of appeal.
o Explanation: This ensures that all co-accused have the right to appeal if one of
them has an appealable judgment.
10. Section 381: Appeal to Court of Session How Heard
o Provision: An appeal to the Court of Session or Sessions Judge shall be heard by
the Sessions Judge or by an Additional Sessions Judge.
o Explanation: This specifies the authority within the Sessions Court to hear appeals.
11. Section 382: Petition of Appeal
o Provision: Every appeal shall be made in the form of a petition in writing presented
by the appellant or his pleader, and every such petition shall be accompanied by a
copy of the judgment or order appealed against.
o Explanation: This outlines the formal requirements for filing an appeal.
12. Section 383: Procedure When Appellant in Jail
o Provision: If the appellant is in jail, he may present his petition of appeal and the
copies accompanying the same to the officer in charge of the jail, who shall forward
them to the appropriate appellate court.
o Explanation: This ensures that appellants in custody can file appeals.
13. Section 384: Summary Dismissal of Appeal
o Provision: If the appellate court considers that there is no sufficient ground for
interfering, it may dismiss the appeal summarily, but not without giving the
appellant or his pleader a reasonable opportunity of being heard.
o Explanation: This allows for the quick dismissal of appeals that lack merit.
14. Section 385: Procedure for Hearing Appeals Not Dismissed Summarily
o Provision: If the appeal is not dismissed summarily, the appellate court shall cause
notice to be given to the appellant or his pleader and the Public Prosecutor, and shall
hear the appeal.
o Explanation: This ensures that all parties are notified and heard in the appeal
process.
15. Section 386: Powers of the Appellate Court
o Provision: The appellate court may:
 (a) In an appeal from an order of acquittal, reverse such order and direct
that further inquiry be made, or that the accused be retried or committed
for trial, or find him guilty and pass sentence on him according to law.
 (b) In an appeal from a conviction, reverse the finding and sentence and
acquit or discharge the accused, or order him to be retried by a court of
competent jurisdiction subordinate to such appellate court or committed for
trial, or alter the finding, maintaining the sentence, or with or without
altering the finding, reduce the sentence.
 (c) In an appeal for enhancement of sentence, pass such sentence as it
thinks proper.
 (d) In an appeal from any other order, alter or reverse such order.
 (e) Make any amendment or any consequential or incidental order that may
be just or proper.
o Explanation: This outlines the broad powers of the appellate court in deciding
appeals.
16. Section 387: Judgments of Subordinate Appellate Court
o Provision: The rules contained in Chapter XXVII as to the judgment of a criminal
court of original jurisdiction shall apply, so far as may be practicable, to the judgment
in appeal of a subordinate appellate court.
o Explanation: This ensures consistency in the delivery of judgments by appellate
courts.
17. Section 388: Order of High Court on Appeal to Be Certified to Lower Court
o Provision: When a case is decided on appeal by the High Court, it shall certify its
judgment or order to the court by which the finding, sentence, or order appealed
against was recorded or passed. The court to which the High Court certifies its
 Page 59 of 95

judgment or order shall thereupon make such orders as are conformable to the
judgment or order of the High Court.
o Explanation: This ensures that the lower court implements the decision of the High
Court.
18. Section 389: Suspension of Sentence Pending the Appeal; Release of Appellant on
Bail
o Provision: Pending any appeal by a convicted person, the appellate court may order
that the execution of the sentence or order appealed against be suspended and, if
the appellant is in confinement, that he be released on bail or on his own bond.
o Explanation: This allows for the suspension of the sentence and release of the
appellant on bail during the appeal process.
19. Section 390: Arrest of Accused in Appeal from Acquittal
o Provision: When an appeal is presented against an order of acquittal, the High
Court may issue a warrant directing that the accused be arrested and brought before
it or any subordinate court, and the court before which he is brought may commit
him to prison pending the disposal of the appeal or admit him to bail.
o Explanation: This allows for the arrest and detention of the accused during an
appeal against acquittal.
20. Section 391: Appellate Court May Take Further Evidence or Direct It to Be Taken
o Provision: In dealing with any appeal under this Chapter, the appellate court, if it
thinks additional evidence to be necessary, shall record its reasons and may either
take such evidence itself or direct it to be taken by a Magistrate.
o Explanation: This allows the appellate court to gather additional evidence if
necessary.
21. Section 392: Procedure Where Judges of Court of Appeal Are Equally Divided
o Provision: When an appeal is heard by a Bench of Judges and they are equally
divided in opinion, the case shall be referred to another Judge of the same court,
and the judgment or order shall follow the opinion of the majority of the Judges who
have heard the case, including those who first heard it.
o Explanation: This ensures a decision is reached even if the judges are initially
divided.
22. Section 393: Finality of Judgments and Orders on Appeal
o Provision: Judgments and orders passed by an appellate court upon an appeal shall
be final, except in cases provided for in Section 377, Section 378, Sub-section (4)
of Section 384, or Chapter XXX.
o Explanation: This establishes the finality of appellate court decisions, with certain
exceptions.
23. Section 394: Abatement of Appeals
o Provision: Every appeal under Section 377 or Section 378 shall finally abate on the
death of the accused, and every other appeal under this Chapter (except an appeal
from a sentence of fine) shall finally abate on the death of the appellant.
o Explanation: This ensures that appeals abate upon the death of the accused or
appellant, with certain exceptions.
Example: Consider a scenario where a person is convicted of theft by a Sessions Court and
sentenced to five years of imprisonment. The convicted person can appeal to the High Court under
Section 374(2). If the High Court finds the sentence inadequate, the State Government can also
appeal for enhancement of the sentence under Section 377. If the High Court reverses the
conviction, the State Government can appeal to the Supreme Court under Section 379.

Discuss the process of filing an appeal against acquittal.

Process of Filing an Appeal Against Acquittal Under the CrPC
The Code of Criminal Procedure, 1973 (CrPC) provides a detailed procedure for filing an appeal
against an acquittal. This process ensures that the prosecution has the opportunity to challenge an
acquittal if it believes that the judgment was erroneous or unjust. The relevant sections for filing an
appeal against acquittal are primarily Sections 378 and 379.
Key Provisions for Filing an Appeal Against Acquittal
1. Section 378: Appeal in Case of Acquittal
o Provision:
 Section 378(1): The District Magistrate may, in any case, direct the Public
Prosecutor to present an appeal to the Court of Session from an order of
acquittal passed by a Magistrate.
 Page 60 of 95

 Section 378(2): The State Government may, in any case, direct the Public
Prosecutor to present an appeal to the High Court from an original or
appellate order of acquittal passed by any court other than a High Court.
 Section 378(3): No appeal under sub-section (1) or sub-section (2) shall
be entertained except with the leave of the High Court.
 Section 378(4): If such an order of acquittal is passed in any case
instituted upon a complaint and the High Court, on an application made to
it by the complainant in this behalf, grants special leave to appeal from the
order of acquittal, the complainant may present such an appeal to the High
Court.
 Section 378(5): No application under sub-section (4) for the grant of
special leave to appeal from an order of acquittal shall be entertained by the
High Court after the expiry of six months, where the complainant is a public
servant, and sixty days in every other case, computed from the date of that
order of acquittal.
o Explanation: This section allows the District Magistrate and the State Government
to direct appeals against acquittals to the Court of Session and the High Court,
respectively. It also provides for special leave to appeal by the complainant in cases
instituted upon a complaint.
2. Section 379: Appeal Against Conviction by High Court in Certain Cases
o Provision: An appeal lies to the Supreme Court from any judgment, final order, or
sentence in a criminal proceeding of a High Court if the High Court has on appeal
reversed an order of acquittal of an accused person and sentenced him to death or
imprisonment for life or for a term of ten years or more.
o Explanation: This section provides for appeals to the Supreme Court in specific
serious cases where the High Court has reversed an acquittal and imposed a severe
sentence.
Procedure for Filing an Appeal Against Acquittal
1. Initiation of Appeal:
o The appeal against an acquittal can be initiated by the District Magistrate or the
State Government. The District Magistrate can direct the Public Prosecutor to present
an appeal to the Court of Session, while the State Government can direct the Public
Prosecutor to present an appeal to the High Court.
2. Leave of the High Court:
o For appeals directed to the High Court, the leave of the High Court is required. This
means that the High Court must grant permission for the appeal to be entertained.
3. Special Leave to Appeal by Complainant:
o In cases instituted upon a complaint, the complainant can apply to the High Court
for special leave to appeal against the acquittal. If the High Court grants special
leave, the complainant can present the appeal.
4. Time Limit for Filing Appeal:
o The application for special leave to appeal must be made within six months if the
complainant is a public servant, and within sixty days in every other case, from the
date of the order of acquittal.
5. Presentation of Appeal:
o The appeal must be presented in the form of a petition in writing by the appellant or
their pleader, accompanied by a copy of the judgment or order appealed against.
6. Hearing of Appeal:
o If the appeal is not dismissed summarily, the appellate court will notify the appellant
or their pleader and the Public Prosecutor, and will hear the appeal.
7. Powers of the Appellate Court:
o The appellate court has broad powers to reverse the order of acquittal, direct further
inquiry, order a retrial, or find the accused guilty and pass sentence according to
law.
Example: Consider a scenario where a person is acquitted of theft by a Magistrate. The District
Magistrate, believing the acquittal to be unjust, directs the Public Prosecutor to file an appeal to the
Court of Session. The Public Prosecutor files the appeal, and the Court of Session, after hearing the
appeal, may reverse the acquittal and convict the accused if it finds sufficient grounds.

Reference and Revision (Sections 395-405)

What is the procedure for reference and revision under the CrPC?
Procedure for Reference and Revision Under the CrPC (Sections 395-405)
 Page 61 of 95

The Code of Criminal Procedure, 1973 (CrPC) provides a detailed framework for the procedures of
reference and revision. These provisions allow for the review of decisions made by lower courts to
ensure that justice is served and legal errors are corrected. The relevant sections (395-405) outline
the conditions and procedures for making references to higher courts and for revising orders and
judgments.
Key Provisions of Sections 395-405
1. Section 395: Reference to High Court
o Provision:
 Section 395(1): Any court may refer a case to the High Court if it involves
a question of law that requires interpretation or if the court itself is in doubt
about the legal principles involved.
 Section 395(2): If a Sessions Judge or a Magistrate of the first class is of
the opinion that a case pending before them involves a question of law as to
the validity of any Act, Ordinance, or Regulation, or any provision contained
therein, they may refer the case to the High Court.
o Explanation: This section allows lower courts to seek guidance from the High Court
on complex legal questions.
2. Section 396: Disposal of Case According to Decision of High Court
o Provision: When a case is referred to the High Court under Section 395, the High
Court shall pass such judgment, order, or sentence as it thinks fit, and the court
making the reference shall dispose of the case conformably to the High Court's
decision.
o Explanation: This ensures that the lower court follows the High Court's decision on
the referred question of law.
3. Section 397: Calling for Records to Exercise Powers of Revision
o Provision:
 Section 397(1): The High Court or any Sessions Judge may call for and
examine the record of any proceeding before any inferior criminal court
situated within its or his local jurisdiction for the purpose of satisfying itself
or himself as to the correctness, legality, or propriety of any finding,
sentence, or order, recorded or passed, and as to the regularity of any
proceedings of such inferior court.
 Section 397(2): The powers of revision conferred by sub-section (1) shall
not be exercised in relation to any interlocutory order passed in any appeal,
inquiry, trial, or other proceeding.
o Explanation: This section allows higher courts to review the records of lower courts
to ensure that justice is properly administered.
4. Section 398: Power to Order Inquiry
o Provision: On examining any record under Section 397 or otherwise, the High Court
or the Sessions Judge may direct the Chief Judicial Magistrate or any other
Magistrate subordinate to him to make, and the Chief Judicial Magistrate or such
other Magistrate shall make, further inquiry into any complaint which has been
dismissed under Section 203 or sub-section (4) of Section 204, or into the case of
any person accused of an offence who has been discharged.
o Explanation: This allows higher courts to order further inquiries if they find that a
complaint was dismissed or an accused was discharged without sufficient grounds.
5. Section 399: Sessions Judge's Powers of Revision
o Provision: In the case of any proceeding the record of which has been called for by
himself, the Sessions Judge may exercise all or any of the powers which may be
exercised by the High Court under sub-section (1) of Section 401.
o Explanation: This grants Sessions Judges the power to revise orders and judgments
of lower courts within their jurisdiction.
6. Section 400: Power of Additional Sessions Judge
o Provision: An Additional Sessions Judge shall have and may exercise all the powers
of a Sessions Judge under this Chapter in respect of any case which may be
transferred to him by or under any general or special order of the Sessions Judge.
o Explanation: This ensures that Additional Sessions Judges can also exercise
revisionary powers.
7. Section 401: High Court's Powers of Revision
o Provision:
 Section 401(1): In the case of any proceeding the record of which has
been called for by itself or which otherwise comes to its knowledge, the High
Court may, in its discretion, exercise any of the powers conferred on a court
 Page 62 of 95

of appeal by Sections 386, 389, 390, and 391 or on a court of session by

Section 307, and, when the Judges composing the court of revision are
equally divided in opinion, the case shall be disposed of in the manner
provided by Section 392.
 Section 401(2): No order under this section shall be made to the prejudice
of the accused or other person unless he has had an opportunity of being
heard either personally or by pleader in his own defence.
 Section 401(3): Nothing in this section shall be deemed to authorize a High
Court to convert a finding of acquittal into one of conviction.
o Explanation: This section grants the High Court broad powers to revise orders and
judgments, ensuring that justice is served.
8. Section 402: Power of High Court to Withdraw or Transfer Revision Cases
o Provision: A High Court may withdraw any case from, or transfer any case to, any
subordinate court of revision.
o Explanation: This allows the High Court to manage the distribution of revision cases
among subordinate courts.
9. Section 403: Option of Court to Hear Parties
o Provision: Save as otherwise expressly provided by this Code, no party has any
right to be heard either personally or by pleader before any court when exercising
its powers of revision; but the court may, if it thinks fit, when exercising such
powers, hear any party either personally or by pleader.
o Explanation: This gives the court discretion to decide whether to hear parties
during revision proceedings.
10. Section 404: Statement by Metropolitan Magistrate of Ground of His Decision to Be
Considered by High Court
o Provision: When the record of any trial held by a Metropolitan Magistrate is called
for by the High Court or a Sessions Judge under Section 397, the Metropolitan
Magistrate shall make a statement setting forth the grounds of his decision or order,
and the High Court or Sessions Judge shall consider such statement before making
any order under this Chapter.
o Explanation: This ensures that the higher court considers the reasoning of the
Metropolitan Magistrate before making a decision.
11. Section 405: High Court's Order to Be Certified to Lower Court
o Provision: When a case is revised by the High Court, it shall certify its decision or
order to the court by which the finding, sentence, or order revised was recorded or
passed, and the court to which the High Court certifies its decision or order shall
thereupon make such orders as are conformable to the decision so certified, and, if
necessary, the record shall be amended in accordance therewith.
o Explanation: This ensures that the lower court implements the decision of the High
Court.
Example: Consider a scenario where a Sessions Judge finds that a Magistrate's order dismissing a
complaint was not justified. The Sessions Judge can call for the record of the case under Section
397 and, upon examination, may direct further inquiry under Section 398. If the Sessions Judge
decides to revise the order, they can exercise the powers granted under Section 399. If the case
involves a complex legal question, the Sessions Judge may refer it to the High Court under Section
395. The High Court, upon receiving the reference, will decide the question of law and send its
decision back to the Sessions Judge, who will then dispose of the case in accordance with the High
Court's decision.

Provisions as to Bails and Bonds (Sections 436-450)

Discuss the provisions relating to bail and bonds under the CrPC.
Provisions Relating to Bail and Bonds Under the CrPC (Sections 436-450)
The Code of Criminal Procedure, 1973 (CrPC) provides detailed provisions regarding bail and bonds
to ensure that individuals accused of offences are not unnecessarily detained and have the
opportunity to be released on bail. These provisions balance the rights of the accused with the need
to ensure their presence at trial and the safety of the public.
Key Provisions of Sections 436-450
1. Section 436: In What Cases Bail to Be Taken
o Provision:
 Section 436(1): When any person other than a person accused of a non-
bailable offence is arrested or detained without warrant by an officer in
charge of a police station, or appears or is brought before a court, and is
prepared at any time while in the custody of such officer or at any stage of
 Page 63 of 95

the proceeding before such court to give bail, such person shall be released
on bail.
 Section 436(2): If such person is indigent and unable to furnish bail, the
court shall release him on his executing a bond without sureties for his
appearance.
o Explanation: This section ensures that individuals accused of bailable offences are
entitled to bail and provides for the release of indigent persons on a personal bond.
2. Section 436A: Maximum Period for Which an Undertrial Prisoner Can Be Detained
o Provision: An undertrial prisoner who has been detained for a period extending up
to one-half of the maximum period of imprisonment specified for the offence shall
be released on personal bond with or without sureties.
o Explanation: This provision prevents prolonged detention of undertrial prisoners
and ensures their release if they have served a significant portion of the maximum
sentence.
3. Section 437: When Bail May Be Taken in Case of Non-Bailable Offence
o Provision:
 Section 437(1): When any person accused of a non-bailable offence is
arrested or detained without warrant by an officer in charge of a police
station or appears or is brought before a court other than the High Court or
Court of Session, he may be released on bail, but he shall not be so released
if there appear reasonable grounds for believing that he has been guilty of
an offence punishable with death or imprisonment for life.
 Section 437(2): If it appears to such officer or court at any stage of the
investigation, inquiry, or trial, that there are not reasonable grounds for
believing that the accused has committed a non-bailable offence, but that
there are sufficient grounds for further inquiry into his guilt, the accused
shall, pending such inquiry, be released on bail.
o Explanation: This section provides the conditions under which bail may be granted
for non-bailable offences, with specific restrictions for serious offences.
4. Section 437A: Bail to Require Accused to Appear Before Next Appellate Court
o Provision: Before conclusion of the trial and before disposal of the appeal, the court
shall require the accused to execute bail bonds with sureties to appear before the
higher court as and when such court issues notice in respect of the appeal against
the judgment of the respective court.
o Explanation: This ensures that the accused remains available for any appellate
proceedings.
5. Section 438: Direction for Grant of Bail to Person Apprehending Arrest
o Provision:
 Section 438(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.
 Section 438(2): The High Court or the Court of Session may include such
conditions in the direction as it may think fit, including conditions for the
accused to make himself available for interrogation, not to make any
inducement, threat, or promise to any person acquainted with the facts of
the case, and not to leave India without the court's permission.
o Explanation: This section provides for anticipatory bail, allowing individuals to seek
bail in anticipation of arrest for non-bailable offences.
6. Section 439: Special Powers of High Court or Court of Session Regarding Bail
o Provision:
 Section 439(1): A High Court or Court of Session may direct that any
person accused of an offence and in custody be released on bail, and if the
offence is of the nature specified in sub-section (3) of Section 437, may
impose any condition which it considers necessary for the purposes
mentioned in that sub-section.
 Section 439(2): A High Court or Court of Session may direct that any
person who has been released on bail under this Chapter be arrested and
commit him to custody.
o Explanation: This section grants special powers to the High Court and Court of
Session to grant or cancel bail.
7. Section 440: Amount of Bond and Reduction Thereof
 Page 64 of 95

o Provision:
 Section 440(1): The amount of every bond executed under this Chapter
shall be fixed with due regard to the circumstances of the case and shall not
be excessive.
 Section 440(2): The High Court or Court of Session may direct that the
bail required by a police officer or Magistrate be reduced.
o Explanation: This ensures that the amount of bail is reasonable and proportionate
to the circumstances of the case.
8. Section 441: Bond of Accused and Sureties
o Provision:
 Section 441(1): Before any person is released on bail or released on his
own bond, a bond for such sum of money as the police officer or court, as
the case may be, thinks sufficient shall be executed by such person, and
when he is released on bail, by one or more sufficient sureties, conditioned
that such person shall attend at the time and place mentioned in the bond,
and shall continue so to attend until otherwise directed by the police officer
or court.
 Section 441(2): If the case so requires, the bond shall also bind the person
released on bail to appear when called upon at the High Court, Court of
Session, or other court to answer the charge.
o Explanation: This section outlines the requirements for executing a bond by the
accused and sureties.
9. Section 441A: Declaration by Sureties
o Provision: Every person standing surety to an accused person for his release on
bail shall make a declaration before the court as to the number of persons to whom
he has stood surety including the accused.
o Explanation: This ensures transparency and prevents misuse of the surety system.
10. Section 442: Discharge from Custody
o Provision: When a person is released on bail, the court shall issue an order of
release to the officer in whose custody the person is, and such officer on receipt of
the order shall release the person.
o Explanation: This ensures the prompt release of the accused once bail is granted.
11. Section 443: Power to Order Sufficient Bail When That First Taken Is Insufficient
o Provision: If, through mistake, fraud, or otherwise, insufficient sureties have been
accepted, or if they afterwards become insufficient, the court may issue a warrant
of arrest or summons against the person released on bail and require him to furnish
sufficient sureties.
o Explanation: This allows the court to rectify situations where the initial sureties are
found to be inadequate.
12. Section 444: Discharge of Sureties
o Provision:
 Section 444(1): All sureties to a bond shall be discharged from their
liability when the bond is forfeited or when the accused is acquitted or
discharged.
 Section 444(2): The court may, on application by the surety, discharge
him from his liability and require the accused to find new sureties.
o Explanation: This provides for the discharge of sureties from their obligations under
certain conditions.
13. Section 445: Deposit Instead of Recognizance
o Provision: When any person is required by any court or officer to execute a bond,
with or without sureties, such court or officer may, except in the case of a bond for
good behaviour, permit him to deposit a sum of money or Government promissory
notes in lieu of executing such bond.
o Explanation: This allows for the deposit of money or Government promissory notes
as an alternative to providing sureties.
14. Section 446: Procedure When Bond Has Been Forfeited
o Provision:
 Section 446(1): When a bond is forfeited, the court shall record the
grounds of such proof and may call upon any person bound by such bond to
pay the penalty thereof or to show cause why it should not be paid.
 Section 446(2): If sufficient cause is not shown and the penalty is not paid,
the court may proceed to recover the same as if such penalty were a fine
imposed by it.
 Page 65 of 95

 Section 446(3): The court may remit any portion of the penalty and
enforce payment in part only.
o Explanation: This outlines the procedure for dealing with forfeited bonds and
recovering penalties.
15. Section 446A: Cancellation of Bond and Bail Bond
o Provision: Without prejudice to the provisions of Section 446, where a bond for
appearance or bail bond has been forfeited, the court may cancel the bond and bail
bond and issue a warrant for the arrest of the person on whose behalf the bond and
bail bond was executed.
o Explanation: This allows the court to cancel bonds and issue arrest warrants in
cases of forfeiture.
16. Section 447: Procedure in Case of Insolvency or Death of Surety or When a Bond
Is Forfeited
o Provision: When a surety to a bond becomes insolvent or dies, or when a bond is
forfeited, the court may order the person from whom the bond was taken to furnish
fresh security in accordance with the directions of the original order, and if such
security is not furnished, the court may proceed as if there had been a default in
complying with such original order.
o Explanation: This ensures that new security is provided in cases of insolvency or
death of a surety or forfeiture of a bond.
17. Section 448: Bond Required from Minor
o Provision: When the person required by any court or officer to execute a bond is a
minor, such court or officer may accept, in lieu thereof, a bond executed by a surety
or sureties only.
o Explanation: This allows for the acceptance of bonds executed by sureties on behalf
of minors.
18. Section 449: Appeal from Orders Under Section 446
o Provision: All orders passed under Section 446 shall be appealable.
o Explanation: This provides the right to appeal against orders related to forfeited
bonds.
19. Section 450: Power to Direct Levy of Amount Due on Certain Recognizances
o Provision: The High Court or Court of Session may direct any Magistrate to levy
the amount due on a bond to keep the peace or for good behaviour.
o Explanation: This grants higher courts the power to direct the levy of amounts due
on certain bonds.
Example: Consider a scenario where a person is accused of a non-bailable offence and is arrested.
The accused applies for bail under Section 437. The court, after considering the circumstances,
grants bail with conditions. The accused executes a bond with sureties as required under Section
441. If the accused fails to appear in court, the bond may be forfeited under Section 446, and the
court may issue a warrant for the arrest of the accused under Section 446A.

Explain the concept of anticipatory bail.

Section 438: Direction for Grant of Bail to Person Apprehending Arrest
Provision:
 Section 438(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.
 Section 438(2): The High Court or the Court of Session may include such conditions in the
direction as it may think fit, including:
o (i) A condition that the person shall make himself available for interrogation by a
police officer as and when required.
o (ii) A condition that the person shall not, directly or indirectly, make any inducement,
threat, or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer.
o (iii) A condition that the person shall not leave India without the previous permission
of the court.
o (iv) Such other conditions as may be imposed under sub-section (3) of section 437,
as if the bail were granted under that section.
 Section 438(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 issue in the
 Page 66 of 95

first instance against that person, he shall issue a bailable warrant in conformity with the
direction of the court under sub-section (1).
Explanation of Anticipatory Bail
1. Purpose:
o Anticipatory bail is a pre-arrest legal process that allows an individual to seek bail in
anticipation of an arrest on accusation of having committed a non-bailable offence.
It is a preventive measure to protect individuals from unnecessary detention.
2. Application:
o An individual who anticipates arrest can apply for anticipatory bail to the High Court
or the Court of Session. The application must be supported by reasons indicating the
likelihood of arrest.
3. Conditions:
o The court may impose specific conditions while granting anticipatory bail to ensure
that the accused cooperates with the investigation and does not tamper with
evidence or influence witnesses. Common conditions include:
 Making oneself available for interrogation.
 Not making any inducement, threat, or promise to witnesses.
 Not leaving the country without court permission.
4. Effect of Granting Anticipatory Bail:
o If anticipatory bail is granted, the individual cannot be arrested by the police on the
grounds of the accusation for which the bail was granted. If the police arrest the
individual, they must release him on bail immediately.
5. Judicial Discretion:
o The grant of anticipatory bail is at the discretion of the court, which will consider
factors such as the nature and gravity of the accusation, the applicant's antecedents,
the possibility of the applicant fleeing from justice, and whether the accusation
appears to be made with the intention of injuring or humiliating the applicant.
Example: Consider a scenario where a person is falsely accused of embezzlement by a business
rival. Fearing arrest, the person applies for anticipatory bail to the High Court. The court, after
considering the circumstances, grants anticipatory bail with conditions that the person must
cooperate with the investigation and not leave the country without permission. If the police attempt
to arrest the person, they must release him on bail as per the court's direction.

Irregular Proceedings (Sections 460-466)

What are the consequences of irregular proceedings under the CrPC?
Consequences of Irregular Proceedings Under the CrPC (Sections 460-466)
The Code of Criminal Procedure, 1973 (CrPC) outlines the consequences of irregular proceedings to
ensure that procedural errors do not necessarily invalidate judicial actions unless they result in a
miscarriage of justice. Here is a simplified explanation of the relevant sections (460-466) for a
student preparing for exams:
Key Provisions and Their Consequences
1. Section 460: Irregularities Which Do Not Vitiate Proceedings
o Provision: Lists specific irregularities that do not invalidate proceedings, provided
they do not cause a failure of justice. These include:
 Issuing a search-warrant by a Magistrate not empowered to do so.
 Ordering an investigation by a police officer not empowered to do so.
 Holding an inquest by a police officer not empowered to do so.
 Issuing an order under Section 144 by a Magistrate not empowered to do
so.
 Ordering the detention of a person in custody under Section 167 by a
Magistrate not empowered to do so.
o Explanation: These irregularities do not vitiate (invalidate) proceedings unless they
result in a miscarriage of justice.
2. Section 461: Irregularities Which Vitiate Proceedings
o Provision: Lists specific irregularities that do invalidate proceedings. These include:
 Issuing a search-warrant for a document, parcel, or other thing in the
custody of the postal or telegraph authority.
 Ordering the detention of a person in custody for a term exceeding seven
days under Section 167.
 Making an order for maintenance under Section 125.
 Making an order under Section 133 as to a local nuisance.
 Making an order under Section 144.
 Making an order under Section 145.
 Page 67 of 95

o Explanation: These irregularities vitiate (invalidate) proceedings because they

involve significant procedural errors.
3. Section 462: Proceedings in Wrong Place
o Provision: If a court holds proceedings in a place other than where it is authorized
to do so, the proceedings are not invalidated unless it appears that the error has
caused a failure of justice.
o Explanation: This ensures that minor errors in the location of proceedings do not
invalidate the entire process unless they result in injustice.
4. Section 463: Non-Compliance with Provisions of Section 164 or Section 281
o Provision: If there is non-compliance with the provisions of Section 164 (recording
of confessions and statements) or Section 281 (record of examination of accused),
the proceedings are not invalidated unless it appears that the error has caused a
failure of justice.
o Explanation: This ensures that minor procedural errors do not invalidate the
proceedings unless they result in injustice.
5. Section 464: Effect of Omission to Frame, or Absence of, or Error in, Charge
o Provision: An omission to frame a charge, or any error in the charge, does not
invalidate the conviction unless it has caused a failure of justice. The court may order
a new trial or alter the charge to meet the ends of justice.
o Explanation: This ensures that errors related to charges do not invalidate the
proceedings unless they result in injustice.
6. Section 465: Finding or Sentence When Reversible by Reason of Error, Omission,
or Irregularity
o Provision: No finding, sentence, or order passed by a court of competent
jurisdiction shall be reversed or altered on account of any error, omission, or
irregularity in the complaint, summons, warrant, charge, proclamation, order,
judgment, or other proceedings before or during trial or in any inquiry or other
proceedings under this Code, unless such error, omission, or irregularity has in fact
occasioned a failure of justice.
o Explanation: This ensures that minor procedural errors do not invalidate the
proceedings unless they result in injustice.
7. Section 466: Defect or Error Not to Make Attachment Unlawful
o Provision: Any defect or error in the attachment of property does not make the
attachment unlawful unless it has caused a failure of justice.
o Explanation: This ensures that minor errors in the attachment process do not
invalidate the proceedings unless they result in injustice.
Example: Consider a scenario where a Magistrate not empowered to issue a search warrant does
so. According to Section 460, this irregularity does not invalidate the proceedings unless it results
in a miscarriage of justice. However, if a Magistrate orders the detention of a person for more than
seven days without proper authority, as per Section 461, this irregularity vitiates the proceedings.
Summary for Exam Preparation
 Minor Irregularities (Section 460): Do not invalidate proceedings unless they cause a
failure of justice.
 Major Irregularities (Section 461): Invalidate proceedings due to significant procedural
errors.
 Wrong Place (Section 462): Proceedings in the wrong place are not invalid unless they
cause injustice.
 Non-Compliance (Section 463): Non-compliance with Sections 164 or 281 does not
invalidate proceedings unless it causes injustice.
 Errors in Charges (Section 464): Errors or omissions in charges do not invalidate
proceedings unless they cause injustice.
 General Errors (Section 465): Minor errors do not invalidate proceedings unless they
cause injustice.
 Attachment Errors (Section 466): Errors in attachment do not invalidate proceedings
unless they cause injustice.

Limitation for Taking Cognizance (Sections 467-473)

Discuss the limitation period for taking cognizance of offences under the CrPC.
Limitation for Taking Cognizance of Offences Under the CrPC (Sections 467-473)
The Code of Criminal Procedure, 1973 (CrPC) sets out specific time limits within which courts must
take cognizance of certain offences. These provisions ensure that legal proceedings are initiated
within a reasonable time frame, thereby promoting timely justice and preventing undue delay.
Key Provisions of Sections 467-473
 Page 68 of 95

1. Section 467: Definitions

o Provision: This section defines the terms "period of limitation" and "offence" for the
purposes of this Chapter.
o Explanation: The "period of limitation" refers to the time frame within which legal
action must be initiated, and "offence" includes any act or omission made punishable
by any law for the time being in force.
2. Section 468: Bar to Taking Cognizance After Lapse of the Period of Limitation
o Provision: This section specifies the time limits for taking cognizance of offences:
 Six months: If the offence is punishable with a fine only.
 One year: If the offence is punishable with imprisonment for a term not
exceeding one year.
 Three years: If the offence is punishable with imprisonment for a term
exceeding one year but not exceeding three years.
o Explanation: This section sets the maximum time limits within which the court must
take cognizance of offences based on the severity of the punishment.
3. Section 469: Commencement of the Period of Limitation
o Provision: The period of limitation commences:
 On the date of the offence.
 Where the commission of the offence was not known to the person aggrieved
by the offence or to any police officer, the first day on which such offence
comes to the knowledge of such person or to any police officer, whichever
is earlier.
 Where it is not known by whom the offence was committed, the first day on
which the identity of the offender is known to the person aggrieved by the
offence or to any police officer making an investigation into the offence,
whichever is earlier.
o Explanation: This section clarifies when the limitation period begins, ensuring that
the time frame for taking cognizance is calculated accurately.
4. Section 470: Exclusion of Time in Certain Cases
o Provision: This section provides for the exclusion of certain periods in computing
the period of limitation, such as:
 The time during which the offender has been absent from India or from any
territory outside India which is under the administration of the Central
Government.
 The time during which the prosecution has been stayed by an injunction or
order.
o Explanation: This ensures that the limitation period is extended in specific
circumstances where delays are beyond the control of the complainant.
5. Section 471: Exclusion of Date on Which Court is Closed
o Provision: If the period of limitation expires on a day when the court is closed, the
court may take cognizance on the day when the court reopens.
o Explanation: This provision ensures that the limitation period is not unfairly
shortened due to court holidays.
6. Section 472: Continuing Offence
o Provision: In the case of a continuing offence, a fresh period of limitation shall
begin to run at every moment of the time during which the offence continues.
o Explanation: This ensures that for offences that continue over a period of time, the
limitation period is extended accordingly.
7. Section 473: Extension of Period of Limitation in Certain Cases
o Provision: Notwithstanding anything contained in the foregoing provisions of this
Chapter, any court may take cognizance of an offence after the expiry of the period
of limitation if it is satisfied on the facts and in the circumstances of the case that
the delay has been properly explained or that it is necessary to do so in the interests
of justice.
o Explanation: This section provides the court with the discretion to extend the
limitation period in cases where the delay is justified or necessary for justice.
Example: Consider a scenario where a person commits a minor offence punishable with a fine only.
According to Section 468, the court must take cognizance of the offence within six months from the
date of the offence. If the offence was not known to the aggrieved person or the police, the limitation
period starts from the date it comes to their knowledge (Section 469). If the offender was out of the
country for a period, that time is excluded from the limitation period (Section 470). If the offence is
a continuing one, such as ongoing environmental pollution, the limitation period is extended as long
 Page 69 of 95

as the offence continues (Section 472). If there is a justified delay in filing the complaint, the court
may extend the limitation period in the interests of justice (Section 473).
Summary for Exam Preparation
 Section 467: Defines "period of limitation" and "offence."
 Section 468: Sets time limits for taking cognizance based on the severity of the offence.
 Section 469: Specifies when the limitation period begins.
 Section 470: Excludes certain periods from the limitation period.
 Section 471: Excludes court holidays from the limitation period.
 Section 472: Extends the limitation period for continuing offences.
 Section 473: Allows the court to extend the limitation period in the interests of justice.

Module 4: Juvenile Justice (Care and Protection of Children) Act, 2015

Preliminary and General Principles of Care and Protection of Children (Chapters I & II)
Explain the general principles of care and protection of children under the Juvenile Justice Act.
General Principles of Care and Protection of Children under the Juvenile Justice (Care and
Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, is a comprehensive legislation
aimed at addressing the needs of children in conflict with the law and children in need of care and
protection. The Act is designed to ensure that children are treated with dignity and respect, and that
their rights are protected throughout the judicial process. Below is an explanation of the general
principles of care and protection of children as outlined in Chapters I and II of the Act.
Chapter I: Preliminary
Section 1: Short title, extent, commencement, and application
 The Act is called the Juvenile Justice (Care and Protection of Children) Act, 2015.
 It extends to the whole of India.
 It came into force on January 15, 2016.
 The Act applies to all matters concerning children in need of care and protection and children
in conflict with the law.
Section 2: Definitions
 This section provides definitions for various terms used in the Act, such as "child," "child in
conflict with law," "child in need of care and protection," "adoption," and others.
Chapter II: General Principles of Care and Protection of Children
Section 3: General principles to be followed in administration of Act
The Act outlines several fundamental principles that must guide the implementation of its provisions.
These principles ensure that the best interests of the child are always prioritized. The key principles
are:
1. Principle of presumption of innocence: Any child shall be presumed to be innocent of
any mala fide or criminal intent up to the age of eighteen years.
2. Principle of dignity and worth: All human beings shall be treated with equal dignity and
rights.
3. Principle of participation: Every child has the right to be heard and to participate in all
processes and decisions affecting their interest. The child's views should be considered with
due regard to their age and maturity.
4. Principle of best interest: All decisions regarding the child should be based on the primary
consideration that they are in the best interest of the child and help the child develop their
full potential.
5. Principle of family responsibility: The primary responsibility of care, nurture, and
protection of the child lies with the biological family, adoptive parents, or foster parents, as
the case may be.
6. Principle of safety: All measures should be taken to ensure that the child is safe and not
subjected to any harm, abuse, or maltreatment while in contact with the care and protection
system, and thereafter.
7. Positive measures: All resources, including those of family and community, should be
mobilized to promote the well-being, facilitate the development of identity, and provide an
inclusive and enabling environment to reduce vulnerabilities of children and the need for
intervention under this Act.
8. Principle of non-stigmatizing semantics: Adversarial or accusatory words should not be
used in processes pertaining to a child.
9. Principle of non-waiver of rights: No waiver of any of the child's rights is permissible or
valid, whether sought by the child, a person acting on behalf of the child, or a Board or
Committee. Non-exercise of a fundamental right does not amount to waiver.
 Page 70 of 95

10. Principle of equality and non-discrimination: There should be no discrimination against

a child on any grounds, including sex, caste, ethnicity, place of birth, disability, and equality
of access, opportunity, and treatment should be provided to every child.
11. Principle of right to privacy and confidentiality: Every child has the right to protection
of their privacy and confidentiality by all means and throughout the judicial process.
12. Principle of institutionalization as a measure of last resort: A child should be placed
in institutional care as a last resort after making a reasonable inquiry.
13. Principle of repatriation and restoration: Every child in the juvenile justice system has
the right to be reunited with their family at the earliest and to be restored to the same socio-
economic and cultural status they were in before coming under the purview of this Act,
unless such restoration and repatriation is not in their best interest.
14. Principle of fresh start: All past records of any child under the Juvenile Justice system
should be erased except in special circumstances.
15. Principle of diversion: Measures for dealing with children in conflict with law without
resorting to judicial proceedings should be promoted unless it is in the best interest of the
child or society as a whole.
16. Principles of natural justice: Basic procedural standards of fairness should be adhered
to, including the right to a fair hearing, rule against bias, and the right to review, by all
persons or bodies acting in a judicial capacity under this Act.
Juvenile Justice Board (Chapter III)
Discuss the constitution and powers of the Juvenile Justice Board.
Constitution of the Juvenile Justice Board
The Juvenile Justice (Care and Protection of Children) Act, 2015, mandates the establishment of
Juvenile Justice Boards (JJB) to handle cases involving children in conflict with the law. The
constitution of the JJB is detailed in Section 4 of the Act.
1. Establishment:
o The State Government is required to constitute one or more Juvenile Justice Boards
for each district.
o The JJB is responsible for exercising powers and discharging functions related to
children in conflict with the law.
2. Composition:
o The Board consists of a Metropolitan Magistrate or a Judicial Magistrate of the First
Class (referred to as the Principal Magistrate) with at least three years of experience.
o Two social workers, of whom at least one must be a woman, are also part of the
Board. These social workers should have been actively involved in health, education,
or welfare activities pertaining to children for at least seven years or be practicing
professionals with a degree in child psychology, psychiatry, sociology, or law.
3. Eligibility:
o Individuals with a past record of human rights or child rights violations, those
convicted of an offence involving moral turpitude, those removed or dismissed from
government service, or those involved in child abuse or employment of child labor
are ineligible for selection as members of the Board.
4. Training and Sensitization:
o The State Government must ensure that all members, including the Principal
Magistrate, receive induction training and sensitization on care, protection,
rehabilitation, legal provisions, and justice for children within sixty days of their
appointment.
5. Term and Termination:
o The term of office for the members of the Board and the manner of resignation are
prescribed by the State Government.
o The appointment of any member, except the Principal Magistrate, can be terminated
after an inquiry by the State Government if they misuse their power, fail to attend
proceedings consecutively for three months without valid reason, fail to attend at
least three-fourths of the sittings in a year, or become ineligible during their term.
Powers, Functions, and Responsibilities of the Juvenile Justice Board
The powers, functions, and responsibilities of the Juvenile Justice Board are outlined in Section 8
of the Act.
1. Exclusive Jurisdiction:
o The JJB has the exclusive power to deal with all proceedings under the Act relating
to children in conflict with the law within its jurisdiction.
2. Functions and Responsibilities:
o Informed Participation: Ensuring the informed participation of the child and the
parent or guardian in every step of the process.
 Page 71 of 95

o Protection of Rights: Ensuring that the child's rights are protected throughout the
process of apprehending the child, inquiry, aftercare, and rehabilitation.
o Legal Aid: Ensuring the availability of legal aid for the child through legal services
institutions.
o Interpreter or Translator: Providing an interpreter or translator if the child fails
to understand the language used in the proceedings.
o Social Investigation: Directing the Probation Officer or a Child Welfare Officer or
social worker to undertake a social investigation and submit a report within fifteen
days from the date of first production before the Board.
o Adjudication and Disposal: Adjudicating and disposing of cases of children in
conflict with the law in accordance with the process of inquiry specified in Section
14.
o Transfer to Committee: Transferring matters concerning the child to the Child
Welfare Committee if the child is found to be in need of care and protection.
o Individual Care Plan: Disposing of the matter and passing a final order that
includes an individual care plan for the child's rehabilitation.
o Fit Persons and Facilities: Conducting inquiries for declaring fit persons and
facilities for the care of children in conflict with the law.
o Inspection Visits: Conducting at least one inspection visit every month of
residential facilities for children in conflict with the law and recommending action for
improvement.
o FIR Registration: Ordering the police to register a First Information Report (FIR)
for offences committed against any child in conflict with the law or in need of care
and protection.
o Inspection of Jails: Conducting regular inspections of jails meant for adults to
check if any child is lodged there and taking immediate measures for their transfer
to an observation home or place of safety.
Procedure in Relation to Children in Conflict with Law (Chapter IV)
Explain the procedure in relation to children in conflict with law.
The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a detailed procedure for
handling cases involving children in conflict with the law. This procedure is designed to ensure that
children are treated with dignity and their rights are protected throughout the judicial process. Below
is an explanation of the procedure as outlined in Chapter IV of the Act.
Apprehension of Child Alleged to be in Conflict with Law (Section 10)
1. Apprehension:
o When a child alleged to be in conflict with the law is apprehended by the police, the
child must be placed under the charge of the special juvenile police unit or the
designated child welfare police officer.
o The child must be produced before the Juvenile Justice Board (JJB) without any loss
of time, but within 24 hours of apprehension, excluding the time necessary for the
journey from the place of apprehension to the Board.
o Under no circumstances should the child be placed in a police lockup or jail.
2. Rules for Production:
o The State Government must make rules to provide for persons (including registered
voluntary or non-governmental organizations) through whom any child alleged to be
in conflict with the law may be produced before the Board.
o The manner in which the child may be sent to an observation home or place of safety
must also be prescribed.
Role of Person in Whose Charge Child is Placed (Section 11)
 Any person in whose charge a child in conflict with the law is placed has the responsibility
of the child as if they were the child's parent, responsible for the child's maintenance.
 The child must remain in such person's charge for the period stated by the Board, even if
claimed by the parents or any other person, unless the Board deems the parent or other
person fit to exercise charge over the child.
Bail to a Person Who is Apparently a Child (Section 12)
1. Bail Provisions:
o A child alleged to have committed a bailable or non-bailable offence must be released
on bail with or without surety or placed under the supervision of a probation officer
or a fit person.
o Bail may be denied if there are reasonable grounds to believe that the release is
likely to bring the child into association with any known criminal, expose the child to
moral, physical, or psychological danger, or if the release would defeat the ends of
justice. The Board must record the reasons for denying bail.
 Page 72 of 95

2. Detention:
o If the child is not released on bail by the officer-in-charge of the police station, the
child must be kept in an observation home or a place of safety until brought before
the Board.
o If the Board denies bail, it must order the child to be sent to an observation home
or place of safety during the pendency of the inquiry.
3. Modification of Bail Conditions:
o If a child is unable to fulfill the conditions of the bail order within seven days, the
child must be produced before the Board for modification of the conditions.
Information to Parents, Guardian, or Probation Officer (Section 13)
 The designated Child Welfare Police Officer or the special juvenile police unit must inform
the child's parent or guardian and direct them to be present at the Board.
 The probation officer or a Child Welfare Officer must prepare and submit a social
investigation report within two weeks to assist the Board in making the inquiry.
Inquiry by Board Regarding Child in Conflict with Law (Section 14)
1. Conducting Inquiry:
o The Board must hold an inquiry in accordance with the Act and may pass orders as
deemed fit under Sections 17 and 18.
o The inquiry must be completed within four months from the date of first production
before the Board, extendable by two more months if necessary.
2. Preliminary Assessment for Heinous Offences:
o A preliminary assessment for heinous offences must be completed within three
months from the date of first production.
3. Steps for Fair and Speedy Inquiry:
o Ensure the child has not been subjected to ill-treatment.
o Conduct proceedings in a child-friendly manner.
o Allow the child to be heard and participate in the inquiry.
o Dispose of petty offences through summary proceedings.
o Follow the procedure for trial in summons cases for serious offences.
o For heinous offences, follow the procedure based on the child's age at the time of
the offence.
Preliminary Assessment into Heinous Offences by Board (Section 15)
 For heinous offences committed by children above 16 years, the Board must conduct a
preliminary assessment regarding the child's mental and physical capacity to commit the
offence, ability to understand the consequences, and the circumstances of the offence.
 The Board may take assistance from psychologists or other experts.
 The assessment is not a trial but to determine the child's capacity.
Review of Pendency of Inquiry (Section 16)
 The Chief Judicial Magistrate or Chief Metropolitan Magistrate must review the pendency of
cases every three months and direct the Board to increase sittings or recommend additional
Boards if necessary.
 A high-level committee must review the pendency every six months and take necessary
actions.
Orders Regarding a Child Not Found to be in Conflict with Law (Section 17)
 If the Board finds that the child has not committed any offence, it must pass an order to
that effect.
 If the child is in need of care and protection, the Board may refer the child to the Child
Welfare Committee.
Orders Regarding Child Found to be in Conflict with Law (Section 18)
 The Board may pass various orders based on the nature of the offence, the child's need for
supervision, and the circumstances, including:
o Allowing the child to go home after advice or admonition.
o Directing the child to participate in group counseling.
o Ordering community service.
o Releasing the child on probation of good conduct.
o Sending the child to a special home for reformative services.
Powers of Children’s Court (Section 19)
 The Children’s Court may decide whether a child above 16 years should be tried as an adult
based on the preliminary assessment.
 The Court must ensure a child-friendly atmosphere and provide an individual care plan for
rehabilitation.
Child Attained Age of Twenty-One Years (Section 20)
 Page 73 of 95

 When a child in conflict with the law attains 21 years and is yet to complete the term of stay,
the Children’s Court must evaluate if the child has undergone reformative changes and
decide on release or continuation in jail.
Children Welfare Committee (Chapter V)
What are the functions and powers of the Child Welfare Committee?
Functions and Powers of the Child Welfare Committee under the Juvenile Justice (Care
and Protection of Children) Act, 2015
The Child Welfare Committee (CWC) is a statutory body established under the Juvenile Justice (Care
and Protection of Children) Act, 2015, to ensure the care, protection, treatment, development, and
rehabilitation of children in need of care and protection. The functions and powers of the CWC are
detailed in Chapter V of the Act.
Constitution of the Child Welfare Committee
Section 27: Child Welfare Committee
 The State Government is required to constitute one or more CWCs for each district.
 Each CWC consists of a Chairperson and four other members, including at least one woman
and an expert on child-related matters.
 Members must have a degree in child psychology, psychiatry, law, social work, sociology,
human health, education, or human development and at least seven years of experience in
child welfare activities.
Functions and Responsibilities of the Child Welfare Committee
Section 30: Functions and Responsibilities of Committee
The CWC has several key functions and responsibilities, which include:
1. Taking Cognizance and Receiving Children:
o The CWC takes cognizance of and receives children produced before it.
2. Conducting Inquiries:
o The CWC conducts inquiries on all issues relating to and affecting the safety and
well-being of children under the Act.
3. Directing Social Investigations:
o The CWC directs Child Welfare Officers, probation officers, District Child Protection
Units, or non-governmental organizations to conduct social investigations and
submit reports.
4. Declaring Fit Persons:
o The CWC conducts inquiries to declare fit persons for the care of children in need of
care and protection.
5. Directing Placement in Foster Care:
o The CWC directs the placement of children in foster care.
6. Ensuring Care and Rehabilitation:
o The CWC ensures the care, protection, appropriate rehabilitation, or restoration of
children based on individual care plans and passes necessary directions to parents,
guardians, fit persons, children’s homes, or fit facilities.
7. Selecting Registered Institutions:
o The CWC selects registered institutions for the placement of children requiring
institutional support, considering the child’s age, gender, disability, needs, and the
institution's capacity.
8. Inspecting Residential Facilities:
o The CWC conducts at least two inspection visits per month of residential facilities for
children in need of care and protection and recommends actions for improving the
quality of services.
9. Certifying Surrender Deeds:
o The CWC certifies the execution of surrender deeds by parents and ensures they are
given time to reconsider their decision, making all efforts to keep the family
together.
10. Restoring Abandoned or Lost Children:
o The CWC ensures all efforts are made to restore abandoned or lost children to their
families following due process.
11. Declaring Children Legally Free for Adoption:
o The CWC declares orphaned, abandoned, and surrendered children legally free for
adoption after due inquiry.
12. Taking Suo Motu Cognizance:
o The CWC takes suo motu cognizance of cases and reaches out to children in need of
care and protection who are not produced before the Committee.
13. Rehabilitating Sexually Abused Children:
 Page 74 of 95

o The CWC takes action for the rehabilitation of sexually abused children reported as
children in need of care and protection.
14. Coordinating with Other Agencies:
o The CWC coordinates with the police, labor department, and other agencies involved
in child care and protection with the support of the District Child Protection Unit or
the State Government.
15. Handling Complaints of Abuse:
o The CWC conducts inquiries into complaints of abuse of children in child care
institutions and gives directions to the police, District Child Protection Unit, labor
department, or childline services.
16. Accessing Legal Services:
o The CWC ensures appropriate legal services are accessed for children.
17. Other Functions:
o The CWC performs any other functions and responsibilities as may be prescribed.
Powers of the Child Welfare Committee
Section 29: Powers of Committee
1. Authority to Dispose of Cases:
o The CWC has the authority to dispose of cases for the care, protection, treatment,
development, and rehabilitation of children in need of care and protection and to
provide for their basic needs and protection.
2. Exclusive Jurisdiction:
o The CWC has the exclusive power to deal with all proceedings under the Act relating
to children in need of care and protection within its jurisdiction.
Procedure in Relation to Children in Need of Care and Protection (Chapter VI)
Discuss the procedure for dealing with children in need of care and protection.
Procedure for Dealing with Children in Need of Care and Protection under the Juvenile
Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, outlines a detailed procedure for
handling cases involving children in need of care and protection. This procedure ensures that such
children receive the necessary care, protection, and rehabilitation. Below is an explanation of the
procedure as outlined in Chapter VI of the Act.
Production before Committee (Section 31)
1. Who Can Produce a Child:
o Any child in need of care and protection may be produced before the Child Welfare
Committee (CWC) by:
 Any police officer or special juvenile police unit or a designated Child Welfare
Police Officer.
 Any officer of the District Child Protection Unit.
 Any inspector appointed under any labor law.
 Any public servant.
 Childline Services or any recognized voluntary or non-governmental
organization.
 Any social worker or a public-spirited citizen.
 The child himself.
 Any nurse, doctor, or management of a nursing home, hospital, or maternity
home.
2. Time Frame:
o The child must be produced before the Committee without any loss of time but within
24 hours, excluding the time necessary for the journey.
3. State Government Rules:
o The State Government may make rules consistent with the Act to provide for the
manner of submitting the report to the Committee and the manner of sending and
entrusting the child to a children’s home or fit facility or fit person during the period
of inquiry.
Mandatory Reporting Regarding a Child Found Separated from Guardian (Section 32)
1. Reporting Requirement:
o Any individual or a police officer or any functionary of any organization or a nursing
home or hospital or maternity home, who finds and takes charge of a child who
appears or claims to be abandoned or lost, or a child who appears or claims to be
an orphan without family support, must give information to the Childline Services,
the nearest police station, a Child Welfare Committee, or the District Child Protection
Unit within 24 hours, excluding the time necessary for the journey.
2. Uploading Information:
 Page 75 of 95

o The information regarding such a child must be uploaded by the Committee, the
District Child Protection Unit, or the child care institution on a portal specified by the
Central Government.
Offence of Non-Reporting and Penalty (Sections 33 and 34)
1. Non-Reporting:
o Failure to report information regarding a child as required under Section 32 is
considered an offence.
2. Penalty:
o Any person who commits the offence of non-reporting is liable to imprisonment up
to six months or a fine of ten thousand rupees or both.
Surrender of Children (Section 35)
1. Surrender Process:
o A parent or guardian who wishes to surrender a child due to physical, emotional,
and social factors beyond their control must produce the child before the Committee.
2. Inquiry and Counselling:
o After the prescribed process of inquiry and counselling, if the Committee is satisfied,
a surrender deed must be executed by the parent or guardian.
3. Reconsideration Period:
o The parents or guardian who surrendered the child are given two months to
reconsider their decision. During this period, the Committee may allow the child to
stay with the parents or guardian under supervision or place the child in a Specialised
Adoption Agency (if below six years of age) or a children’s home (if above six years).
Inquiry (Section 36)
1. Conducting Inquiry:
o Upon the production of a child or receipt of a report, the Committee must hold an
inquiry in the prescribed manner and may pass an order to send the child to a
children’s home, fit facility, or fit person for speedy social investigation.
2. Social Investigation:
o The social investigation must be completed within 15 days to enable the Committee
to pass a final order within four months of the first production of the child.
3. Final Orders:
o After the inquiry, if the Committee finds that the child has no family or ostensible
support or is in continued need of care and protection, it may send the child to a
Specialised Adoption Agency (if below six years), children’s home, fit facility, or fit
person until suitable means of rehabilitation are found or until the child attains the
age of 18 years.
4. Review of Placement:
o The situation of the child placed in a children’s home, fit facility, or with a fit person
must be reviewed by the Committee as prescribed.
5. Quarterly Reports:
o The Committee must submit a quarterly report on the nature of disposal of cases
and pendency of cases to the District Magistrate for review.
6. Remedial Measures:
o The District Magistrate must direct the Committee to address the pendency of cases
and may recommend the constitution of additional Committees if necessary.
Orders Regarding a Child in Need of Care and Protection (Section 37)
1. Types of Orders:
o The Committee may pass various orders, including:
 Declaration that the child is in need of care and protection.
 Restoration of the child to parents, guardian, or family with or without
supervision.
 Placement of the child in a children’s home, fit facility, or Specialised
Adoption Agency.
 Placement of the child with a fit person for long-term or temporary care.
 Foster care orders.
 Sponsorship orders.
 Directions regarding care, protection, and rehabilitation of the child.
 Declaration that the child is legally free for adoption.
Procedure for Declaring a Child Legally Free for Adoption (Section 38)
1. Efforts to Trace Parents:
o The Committee must make all efforts to trace the parents or guardians of an orphan
or abandoned child. If it is established that the child is an orphan or abandoned, the
Committee must declare the child legally free for adoption within two months (for
 Page 76 of 95

children up to two years of age) or four months (for children above two years of
age).
2. Surrendered Child:
o For a surrendered child, the institution where the child is placed must bring the case
before the Committee immediately after the reconsideration period for declaring the
child legally free for adoption.
3. Special Cases:
o A child of mentally retarded parents or an unwanted child of a victim of sexual
assault may be declared free for adoption by the Committee following the prescribed
procedure.
4. Decision by Committee Members:
o The decision to declare a child legally free for adoption must be taken by at least
three members of the Committee.
5. Monthly Reporting:
o The Committee must inform the District Magistrate, the State Agency, and the
Authority regarding the number of children declared legally free for adoption and the
number of pending cases every month.
Rehabilitation and Social Re-integration (Chapter VII)
Explain the provisions relating to the rehabilitation and social reintegration of children.
Provisions Relating to the Rehabilitation and Social Reintegration of Children under the
Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a comprehensive
framework for the rehabilitation and social reintegration of children in conflict with the law and
children in need of care and protection. Chapter VII of the Act outlines the processes and services
aimed at ensuring the holistic development and reintegration of these children into society.
Process of Rehabilitation and Social Reintegration (Section 39)
1. Individual Care Plan:
o The rehabilitation and social reintegration process is based on an individual care plan
tailored to the needs of each child.
o The plan may include family-based care options such as restoration to family or
guardian, sponsorship, adoption, or foster care.
2. Family-Based Care:
o Efforts are made to keep siblings together in institutional or non-institutional care
unless it is in their best interest to be separated.
3. Children in Conflict with Law:
o For children in conflict with the law, rehabilitation and social reintegration are
undertaken in observation homes, special homes, places of safety, fit facilities, or
with fit persons, as ordered by the Juvenile Justice Board.
4. Children in Need of Care and Protection:
o Children in need of care and protection who are not placed in families may be placed
in registered institutions, fit facilities, or with fit persons on a temporary or long-
term basis.
o The process of rehabilitation and social integration is carried out wherever the child
is placed.
5. Support for Children Leaving Institutional Care:
o Children leaving institutional care or special homes upon attaining 18 years of age
may be provided with financial support to help them reintegrate into mainstream
society.
Restoration of Child in Need of Care and Protection (Section 40)
1. Prime Objective:
o The primary objective of any Children’s Home, Specialised Adoption Agency, or open
shelter is the restoration and protection of a child deprived of their family
environment.
2. Steps for Restoration:
o These institutions must take necessary steps for the restoration and protection of a
child under their care, whether temporarily or permanently.
3. Committee’s Powers:
o The Child Welfare Committee (CWC) has the power to restore any child in need of
care and protection to their parents, guardian, or fit person after determining their
suitability to take care of the child.
4. Definition of Restoration and Protection:
o Restoration and protection of a child include restoration to parents, adoptive parents,
foster parents, guardians, or fit persons.
 Page 77 of 95

Registration of Child Care Institutions (Section 41)

1. Mandatory Registration:
o All institutions, whether run by the State Government or voluntary/non-
governmental organizations, housing children in need of care and protection or
children in conflict with law, must be registered under this Act.
2. Provisional Registration:
o Institutions may be granted provisional registration for a maximum period of six
months to comply with the prescribed criteria for registration.
3. Renewal and Cancellation:
o Registration is valid for five years and subject to renewal. The State Government
may cancel or withhold registration if institutions fail to provide rehabilitation and
reintegration services.
Penalty for Non-Registration of Child Care Institutions (Section 42)
 Institutions housing children in need of care and protection or children in conflict with law
that fail to register under this Act are subject to imprisonment up to one year, a fine of not
less than one lakh rupees, or both.
Open Shelter (Section 43)
1. Establishment and Maintenance:
o The State Government may establish and maintain open shelters through voluntary
or non-governmental organizations.
2. Function:
o Open shelters provide community-based, short-term residential support to protect
children from abuse or life on the streets.
3. Reporting:
o Open shelters must send monthly information about the children availing their
services to the District Child Protection Unit and the CWC.
Foster Care (Section 44)
1. Placement in Foster Care:
o Children in need of care and protection may be placed in foster care, including group
foster care, through orders of the CWC.
2. Criteria and Procedure:
o The procedure for placing children in foster care and the criteria for selecting foster
families are prescribed by the State Government.
3. Monitoring and Support:
o Foster care placements are monitored, and foster families are provided with
necessary support to ensure the well-being of the child.
Sponsorship (Section 45)
1. Sponsorship Programmes:
o Sponsorship programmes provide supplementary support to families, Children’s
Homes, and special homes to meet the medical, educational, and developmental
needs of children.
2. Criteria for Sponsorship:
o Criteria include situations where the mother is a widow, divorced, or abandoned,
children are orphans living with extended family, parents are victims of life-
threatening diseases, or parents are incapacitated due to accidents.
3. Duration and Support:
o The duration of sponsorship and the type of support provided are prescribed by the
State Government.
Aftercare of Children Leaving Child Care Institutions (Section 46)
 Children leaving child care institutions upon completing 18 years of age may receive financial
support to facilitate their reintegration into mainstream society.
Observation Homes (Section 47)
1. Establishment and Maintenance:
o The State Government must establish and maintain observation homes for the
temporary reception, care, and rehabilitation of children alleged to be in conflict with
law during the pendency of any inquiry.
2. Management and Monitoring:
o The management and monitoring of observation homes, including the standards and
services provided, are prescribed by the State Government.
Special Homes (Section 48)
1. Establishment and Maintenance:
 Page 78 of 95

o The State Government may establish and maintain special homes for the
rehabilitation of children in conflict with law who are found to have committed an
offence.
2. Management and Monitoring:
o The management and monitoring of special homes, including the standards and
services provided, are prescribed by the State Government.
Place of Safety (Section 49)
1. Establishment:
o The State Government must set up at least one place of safety in the State for
children in conflict with law aged 16 to 18 years accused or convicted of heinous
offences.
2. Facilities and Services:
o Places of safety must have separate arrangements for children during the inquiry
process and those convicted of offences. The facilities and services provided are
prescribed by the State Government.
Children’s Home (Section 50)
1. Establishment and Maintenance:
o The State Government may establish and maintain Children’s Homes for the
placement of children in need of care and protection.
2. Specialized Services:
o Children’s Homes may be designated as fit for children with special needs, delivering
specialized services as required.
3. Management and Monitoring:
o The management and monitoring of Children’s Homes, including the standards and
services provided, are prescribed by the State Government.
Fit Facility and Fit Person (Sections 51 and 52)
1. Recognition:
o The Board or the CWC may recognize facilities or persons as fit to temporarily take
responsibility for a child after due inquiry regarding their suitability.
2. Withdrawal of Recognition:
o Recognition may be withdrawn for reasons recorded in writing.
Rehabilitation and Re-integration Services (Section 53)
1. Services Provided:
o Institutions registered under the Act must provide services for the rehabilitation and
reintegration of children, including:
 Basic requirements such as food, shelter, clothing, and medical attention.
 Equipment for children with special needs.
 Appropriate education, including special education.
 Skill development and occupational therapy.
 Mental health interventions and counseling.
 Recreational activities.
 Legal aid and referral services.
 Case management and follow-up of individual care plans.
 Birth registration and assistance in obtaining proof of identity.
2. Management Committee:
o Every institution must have a Management Committee to manage the institution and
monitor the progress of each child.
3. Children’s Committees:
o Institutions housing children above six years of age must facilitate the setting up of
children’s committees to participate in activities for their safety and well-being.
Inspection of Institutions (Section 54)
1. Appointment of Inspection Committees:
o The State Government must appoint inspection committees for the State and district
to inspect all registered or recognized institutions.
2. Frequency of Inspections:
o Inspection committees must conduct visits at least once every three months and
submit reports to the District Magistrate for further action.
Evaluation of Functioning of Structures (Section 55)
1. Independent Evaluation:
o The Central or State Government, or the District Magistrate, may independently
evaluate the functioning of the Board, CWC, special juvenile police units, registered
institutions, or recognized fit facilities and persons.
2. Prevailing Evaluation:
 Page 79 of 95

o If both the Central and State Governments conduct evaluations, the evaluation by
the Central Government prevails.
Adoption (Chapter VIII)
Discuss the process and legal requirements for adoption under the Juvenile Justice Act.
Process and Legal Requirements for Adoption under the Juvenile Justice (Care and
Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a comprehensive
framework for the adoption of orphaned, abandoned, and surrendered children in India. The Act
ensures that the adoption process is transparent, efficient, and in the best interest of the child.
Below is a detailed explanation of the process and legal requirements for adoption under Chapter
VIII of the Act.
Eligibility of Prospective Adoptive Parents (Section 57)
1. General Eligibility:
o Prospective adoptive parents (PAPs) must be physically fit, financially sound,
mentally stable, and highly motivated to adopt a child.
o The consent of both spouses is required if the PAPs are married.
o Single or divorced individuals can also adopt, subject to guidelines framed by the
Central Adoption Resource Authority (CARA).
o A single male is not permitted to adopt a female child.
2. Additional Criteria:
o PAPs must fulfill any additional criteria specified by CARA, which may include age,
marital status, and other factors.
Procedure for Adoption (Sections 58-61)
Section 58: Procedure for Adoption by Indian Prospective Adoptive Parents Living in India
1. Application to Specialised Adoption Agency (SAA):
o PAPs must apply to a Specialised Adoption Agency (SAA) through the Child Adoption
Resource Information and Guidance System (CARINGS).
2. Home Study Report:
o The SAA conducts a Home Study Report (HSR) to assess the suitability of the PAPs.
The HSR is valid for three years.
3. Referral of Child:
o Based on the seniority of registration, PAPs are referred to the profiles of three
children, including their photographs, Child Study Report (CSR), and Medical
Examination Report (MER).
4. Acceptance and Pre-Adoption Foster Care:
o PAPs have 48 hours to reserve a child. Upon acceptance, they sign the CSR and MER
and the child is placed in pre-adoption foster care.
5. Court Order:
o The SAA files an application in the court for an adoption order. The court must
dispose of the application within two months.
6. Birth Certificate:
o The SAA applies for a birth certificate for the child with the name of the adoptive
parents.
Section 59: Procedure for Inter-Country Adoption of an Indian Child
1. Application by Foreign PAPs:
o Foreign PAPs must apply through an Authorised Foreign Adoption Agency (AFAA) or
the Central Authority of their country.
2. Home Study Report:
o The AFAA conducts a Home Study Report and registers the PAPs in CARINGS.
3. Referral and Acceptance:
o The AFAA refers the profiles of two children to the PAPs, who have 96 hours to
reserve a child.
4. No Objection Certificate (NOC):
o The AFAA forwards the documents to the SAA, which applies for an NOC from CARA.
5. Pre-Adoption Foster Care:
o The child may be placed in pre-adoption foster care in India pending the court order.
6. Court Order and Travel:
o The SAA files an application in the court for an adoption order. Upon issuance, the
child receives a passport and visa to travel to the receiving country.
Section 60: Procedure for Adoption by Relative
1. Consent and Application:
o The biological parents or guardians must consent to the adoption. PAPs file an
application in the competent court with the consent letter and necessary documents.
 Page 80 of 95

2. Court Order:
o The court issues an adoption order, which must be updated in CARINGS.
Section 61: Court Procedure
1. In-Camera Proceedings:
o Adoption proceedings are held in-camera to protect the privacy of the child and the
PAPs.
2. Time Frame:
o The court must dispose of the adoption application within two months.
Legal Effects of Adoption (Section 63)
1. Legal Status:
o Upon issuance of the adoption order, the child legally becomes the child of the
adoptive parents, severing all ties with the biological family.
2. Inheritance Rights:
o The adopted child has the same rights as a biological child, including inheritance
rights.
3. Property Ownership:
o Any property owned by the child before adoption remains with the child, subject to
any obligations attached to it.
Reporting and Monitoring (Section 64)
1. Monthly Reporting:
o All adoption orders must be reported to CARA on a monthly basis to maintain
comprehensive adoption data.
2. Post-Adoption Follow-Up:
o The SAA or AFAA conducts follow-up visits for two years to monitor the child's well-
being.
Punitive Measures (Section 80)
1. Non-Compliance:
o Any individual or organization that offers, gives, or receives a child for adoption
without following the prescribed procedures is liable to punishment, including
imprisonment up to three years, a fine of one lakh rupees, or both.
Significant Changes in The Bharatiya Nagarik Suraksha Sanhita, 2023
As of now, the Bharatiya Nagarik Suraksha Sanhita, 2023, is not yet in force and is expected to be
effective from July 1, 2024. Any significant changes relevant to the Juvenile Justice (Care and
Protection of Children) Act, 2015, will be covered in subsequent answers once the new Sanhita is in
effect and its provisions are fully analyzed.
Other Offences Against Children (Chapter IX)
What are the various offences against children under the Juvenile Justice Act?
Offences Against Children under the Juvenile Justice (Care and Protection of Children)
Act, 2015 (Chapter IX)
Chapter IX of the Juvenile Justice (Care and Protection of Children) Act, 2015, outlines various
offences against children and the corresponding penalties. These provisions are designed to protect
children from abuse, exploitation, and other forms of harm. Below is a detailed explanation of the
offences against children as specified in Sections 74 to 89 of the Act.
Section 74: Prohibition on Disclosure of Identity of Children
1. Prohibition:
o No report in any newspaper, magazine, news-sheet, or visual media regarding any
inquiry or investigation or judicial procedure shall disclose the name, address, or
school or any other particulars that may lead to the identification of a child in conflict
with law or a child in need of care and protection.
o This includes the publication of photographs that may lead to the identification of
the child.
2. Penalty:
o Violation of this provision is punishable with imprisonment up to six months or a fine
up to two lakh rupees, or both.
Section 75: Punishment for Cruelty to Child
1. Offence:
o Any person having the actual charge of, or control over, a child, assaults, abandons,
abuses, exposes, or willfully neglects the child, causing or likely to cause
unnecessary mental or physical suffering.
2. Penalty:
o Imprisonment up to three years or a fine of one lakh rupees, or both.
o If the offence is committed by an employee of a child care institution, the penalty is
imprisonment up to five years and a fine of five lakh rupees.
 Page 81 of 95

Section 76: Employment of Child for Begging

1. Offence:
o Employing or using a child for the purpose of begging or causing a child to beg.
2. Penalty:
o Imprisonment up to five years and a fine of one lakh rupees.
o If the offence is committed by a person having actual charge of the child, the penalty
is imprisonment up to ten years and a fine of five lakh rupees.
Section 77: Penalty for Giving Intoxicating Liquor or Narcotic Drug or Psychotropic
Substance to a Child
1. Offence:
o Giving or causing to be given to any child any intoxicating liquor, narcotic drug, or
psychotropic substance, except on the order of a duly qualified medical practitioner.
2. Penalty:
o Imprisonment up to seven years and a fine of one lakh rupees.
Section 78: Exploitation of a Child Employee
1. Offence:
o Exploiting a child employee by any person under whose control the child is employed.
2. Penalty:
o Imprisonment up to five years and a fine of one lakh rupees.
Section 79: Use of Child by Militant Groups or Other Adults
1. Offence:
o Using a child for any purpose by militant groups or other adults.
2. Penalty:
o Imprisonment up to seven years and a fine of five lakh rupees.
Section 80: Kidnapping and Abduction of Child
1. Offence:
o Kidnapping or abducting a child with the intention of extorting ransom or for any
other unlawful purpose.
2. Penalty:
o Imprisonment up to seven years and a fine of five lakh rupees.
Section 81: Sale and Procurement of Children for Any Purpose
1. Offence:
o Selling or procuring a child for any purpose.
2. Penalty:
o Imprisonment up to five years and a fine of one lakh rupees.
Section 82: Corporal Punishment
1. Offence:
o Inflicting corporal punishment on a child in a child care institution.
2. Penalty:
o Imprisonment up to six months or a fine of ten thousand rupees, or both.
o For subsequent offences, imprisonment up to three years and a fine of fifty thousand
rupees.
Section 83: Use of Child for Pornographic Purposes and Punishment Therefor
1. Offence:
o Using a child for pornographic purposes.
2. Penalty:
o Imprisonment up to five years and a fine of five lakh rupees.
o For subsequent offences, imprisonment up to seven years and a fine of ten lakh
rupees.
Section 84: Abetment
1. Offence:
o Abetting any offence against a child under this Act.
2. Penalty:
o The same punishment as for the offence abetted.
Section 85: Alternative Punishment
1. Provision:
o If an act or omission constitutes an offence punishable under this Act and any other
law, the offender shall be liable to be punished under the law providing for the
greater punishment.
Section 86: Offence Committed by Child Care Institution
1. Offence:
o Any offence committed by a child care institution or any person in charge of or
employed in such institution.
 Page 82 of 95

2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Section 87: Offence Committed by Any Person in Charge of or Employed in a Child Care
Institution
1. Offence:
o Any offence committed by any person in charge of or employed in a child care
institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Section 88: Offence Committed by Any Person Not in Charge of or Employed in a Child
Care Institution
1. Offence:
o Any offence committed by any person not in charge of or employed in a child care
institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Section 89: Offence Committed by Any Person in Charge of or Employed in a Child Care
Institution
1. Offence:
o Any offence committed by any person in charge of or employed in a child care
institution.
2. Penalty:
o Imprisonment up to three years and a fine of one lakh rupees.
Miscellaneous Provisions (Chapter X)
Explain the miscellaneous provisions under the Juvenile Justice Act.
Miscellaneous Provisions under the Juvenile Justice (Care and Protection of Children) Act,
2015 (Chapter X)
Chapter X of the Juvenile Justice (Care and Protection of Children) Act, 2015, encompasses various
miscellaneous provisions that address different aspects of the Act's implementation and
enforcement. These provisions are designed to ensure the effective functioning of the juvenile justice
system and the protection of children's rights. Below is a detailed explanation of the miscellaneous
provisions as outlined in Sections 90 to 112 of the Act.
Section 90: Attendance of Parent or Guardian
 Requirement: Any competent authority before which a child is brought under any provision
of this Act may require the parent or guardian having actual charge of the child to be present
at any proceeding in respect of the child.
Section 91: Dispensing with Attendance of Child
 Provision: If, at any stage during the course of an inquiry, a competent authority is satisfied
that the attendance of the child is not essential for the purpose of inquiry, it may dispense
with the child's attendance and proceed with the inquiry in the child's absence.
Section 92: Placement of a Child Suffering from Disease Requiring Prolonged Medical
Treatment
 Provision: When a child brought before a competent authority is found to be suffering from
a disease requiring prolonged medical treatment, the authority may send the child to an
approved place for the necessary treatment.
Section 93: Transfer of a Child Who is Mentally Ill or Addicted to Alcohol or Other Drugs
 Provision: A child found to be mentally ill or addicted to alcohol or other drugs may be
transferred to a recognized mental health institution or de-addiction center for treatment.
Section 94: Presumption and Determination of Age
 Provision: The competent authority must make due inquiry to determine the age of a
person brought before it and record a finding on the age. The age recorded by the authority
is deemed to be the true age of the person for the purposes of this Act.
Section 95: Transfer of a Child to Place of Residence
 Provision: A child whose ordinary place of residence lies outside the jurisdiction of the
competent authority may be transferred to a relative or fit person willing to receive the child
at the place of residence.
Section 96: Transfer of Child Between Homes or Fit Facilities
 Provision: A child may be transferred between Children’s Homes, special homes, fit
facilities, or fit persons in different parts of India as deemed necessary by the competent
authority.
Section 97: Release of a Child from an Institution
 Provision: The competent authority may order the release of a child from an institution if
it is satisfied that the child can be restored to their family or guardian.
 Page 83 of 95

Section 98: Leave of Absence to a Child Placed in an Institution

 Provision: The competent authority may grant leave of absence to a child placed in an
institution for a specified period under certain conditions.
Section 99: Reports to be Treated as Confidential
 Provision: Reports of probation officers or social workers considered by the competent
authority must be treated as confidential. The authority may communicate the substance of
the report to the child or their parent or guardian if deemed necessary.
Section 100: Protection of Action Taken in Good Faith
 Provision: No suit, prosecution, or other legal proceeding shall lie against any person for
anything done in good faith under this Act.
Section 101: Procedure in Inquiries, Appeals, and Revision Proceedings
 Provision: The procedure for inquiries, appeals, and revision proceedings under this Act
must be in accordance with the rules prescribed by the State Government.
Section 102: Power of the Committee or the Board to Amend Its Own Orders
 Provision: The Child Welfare Committee or the Juvenile Justice Board has the power to
amend its own orders to correct any clerical or arithmetical errors.
Section 103: Juvenile Justice Fund
 Provision: The State Government may create a Juvenile Justice Fund for the welfare and
rehabilitation of children dealt with under this Act.
Section 104: State Child Protection Society and District Child Protection Unit
 Provision: The State Government must establish a State Child Protection Society and
District Child Protection Units to implement the provisions of this Act.
Section 105: Child Welfare Police Officer and Special Juvenile Police Unit
 Provision: The State Government must designate Child Welfare Police Officers and establish
Special Juvenile Police Units to handle cases involving children.
Section 106: Public Awareness on Provisions of Act
 Provision: The State Government must take measures to create public awareness about
the provisions of this Act.
Section 107: Monitoring of Implementation of Act
 Provision: The National Commission for Protection of Child Rights or the State Commission
for Protection of Child Rights must monitor the implementation of this Act.
Section 108: Power to Make Rules
 Provision: The Central Government and the State Governments have the power to make
rules for carrying out the purposes of this Act.
Section 109: Power to Remove Difficulties
 Provision: If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may make orders to remove such difficulties.
Section 110: Repeal and Savings
 Provision: The Juvenile Justice (Care and Protection of Children) Act, 2000, is repealed.
However, any action taken under the repealed Act is deemed to have been taken under this
Act.
Section 111: Power to Remove Difficulties
 Provision: The Central Government may, by order, make provisions to remove any difficulty
in implementing the Act.
Section 112: Power to Make Rules
 Provision: The Central Government may make rules for carrying out the purposes of this
Act.

Module 5: Protection of Children from Sexual Offences (POCSO) Act, 2012

Preliminary and General Principles of Care and Protection of Children (Chapter I)
Discuss the general principles of care and protection of children under the POCSO Act.
General Principles of Care and Protection of Children under the POCSO Act, 2012
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive legislation
aimed at protecting children from sexual abuse, harassment, and exploitation. The Act emphasizes
a child-centric and rights-based approach, ensuring that the best interests of the child are prioritized
throughout the legal process. Below is a detailed explanation of the general principles of care and
protection of children as outlined in the POCSO Act.
General Principles of the POCSO Act
The POCSO Act incorporates several key principles that guide the implementation of its provisions.
These principles ensure that children are treated with dignity and their rights are protected at all
stages of the legal process. The general principles include:
 Page 84 of 95

1. Right to Life and Survival: Every child has the right to life and survival, which includes
protection from any form of physical, psychological, mental, and emotional abuse and
neglect.
2. Best Interests of the Child: The primary consideration in all actions concerning children
must be the harmonious development of the child. This principle ensures that the child's
well-being is prioritized in all decisions and actions taken under the Act.
3. Right to be Treated with Dignity and Compassion: Child victims should be treated in a
caring and sensitive manner throughout the justice process. This includes respecting their
dignity and ensuring that they are not subjected to further trauma or distress.
4. Right to be Protected from Discrimination: The justice process must be transparent and
just, irrespective of the child's cultural, religious, linguistic, or social orientation. This
principle ensures that all children are treated equally and without discrimination.
5. Right to Special Preventive Measures: Victimized children are more likely to be abused
again. Therefore, preventive measures and training must be provided to them for self-
protection. This includes educating children about their rights and how to protect themselves
from abuse.
6. Right to be Informed: The child victim or witness must be well informed of the legal
proceedings. This includes providing information about the progress of the case, the roles of
various stakeholders, and the child's rights during the process.
7. Right to be Heard and to Express Views and Concerns: Every child has the right to be
heard in respect of matters affecting them. This principle ensures that children's voices are
considered in all decisions and actions that impact their lives.
8. Right to Effective Assistance: Children must be provided with financial, legal, counseling,
health, social, and educational services necessary for their physical and psychological
recovery. This includes access to support services that aid in the child's healing and
rehabilitation.
9. Right to Privacy: The child's privacy and identity must be protected at all stages of the
pre-trial and trial process. This includes measures to ensure that the child's identity is not
disclosed in any form of media or public domain.
10. Right to be Protected from Hardship during the Justice Process: Secondary
victimization or hardships for a child during the justice procedure must be minimized. This
includes adopting child-friendly procedures and ensuring that the child is not subjected to
unnecessary stress or trauma during the legal process.
11. Right to Safety: A child victim must be protected before, during, and after the justice
process. This includes ensuring the child's safety from the perpetrator and any other
potential threats.
12. Right to Compensation: The child victim may be awarded compensation for their relief
and rehabilitation. This includes financial support to cover medical expenses, counseling,
and other necessary services to aid in the child's recovery.
Implementation and Enforcement
The POCSO Act mandates that these principles be followed by all stakeholders involved in the justice
process, including the Central Government, State Governments, Child Welfare Committees, Special
Courts, police, NGOs, and any other professionals assisting the child during the trial. The Act also
emphasizes the need for continuous efforts to raise awareness about child rights and protection,
ensuring that children, parents, and communities are informed about their rights and the legal
provisions available to protect them.

Sexual Offences Against Children (Chapter II)

What are the various sexual offences against children under the POCSO Act?
Sexual Offences Against Children under the POCSO Act, 2012 (Chapter II)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, categorizes various sexual
offences against children and prescribes stringent punishments for these offences. Chapter II of the
Act specifically deals with these offences, which are classified into different categories based on the
nature and severity of the act. Below is a detailed explanation of the various sexual offences against
children as outlined in the POCSO Act.
A. Penetrative Sexual Assault and Punishment Therefor
Section 3: Penetrative Sexual Assault: A person is said to commit "penetrative sexual assault"
if:
 He penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a child
or makes the child do so with him or any other person.
 He inserts, to any extent, any object or a part of the body, not being the penis, into the
vagina, urethra, or anus of the child or makes the child do so with him or any other person.
 Page 85 of 95

 He manipulates any part of the body of the child so as to cause penetration into the vagina,
urethra, anus, or any part of the body of the child or makes the child do so with him or any
other person.
 He applies his mouth to the penis, vagina, anus, or urethra of the child or makes the child
do so to such person or any other person.
Section 4: Punishment for Penetrative Sexual Assault
 Whoever commits penetrative sexual assault shall be punished with imprisonment of not
less than ten years, which may extend to imprisonment for life, and shall also be liable to
fine.
 If the penetrative sexual assault is committed on a child below sixteen years of age, the
punishment shall be imprisonment for not less than twenty years, which may extend to
imprisonment for life, and shall also be liable to fine. The fine imposed shall be just and
reasonable and paid to the victim to meet medical expenses and rehabilitation.
B. Aggravated Penetrative Sexual Assault and Punishment Therefor
Section 5: Aggravated Penetrative Sexual Assault: Aggravated penetrative sexual assault
includes penetrative sexual assault committed under specific aggravating circumstances, such as:
 By a police officer within the limits of the police station or premises where he is appointed,
or in the course of his duties.
 By a member of the armed forces or security forces within the limits of the area to which
the person is deployed.
 By a public servant.
 By a person on the management or staff of a jail, remand home, protection home,
observation home, or other place of custody or care and protection.
 By a person on the management or staff of a hospital or educational institution.
 By a person in a position of trust or authority over the child.
 By a person using deadly weapons, causing grievous hurt, or causing bodily harm and injury
to the sexual organs of the child.
 By a person causing the child to become pregnant, inflicting the child with HIV or any other
life-threatening disease, or causing the death of the child.
 By a person taking advantage of a child's mental or physical disability.
 By a person committing the offence more than once or repeatedly.
 By a person being a relative of the child through blood, adoption, or marriage, or having a
domestic relationship with the child.
Section 6: Punishment for Aggravated Penetrative Sexual Assault
 Whoever commits aggravated penetrative sexual assault shall be punished with rigorous
imprisonment for not less than twenty years, which may extend to imprisonment for life,
and shall also be liable to fine, or with death. The fine imposed shall be just and reasonable
and paid to the victim to meet medical expenses and rehabilitation.
C. Sexual Assault and Punishment Therefor
Section 7: Sexual Assault: A person is said to commit "sexual assault" if:
 He, with sexual intent, touches the vagina, penis, anus, or breast of the child or makes the
child touch the vagina, penis, anus, or breast of such person or any other person.
 He does any other act with sexual intent which involves physical contact without penetration.
Section 8: Punishment for Sexual Assault
 Whoever commits sexual assault shall be punished with imprisonment of not less than three
years, which may extend to five years, and shall also be liable to fine.
D. Aggravated Sexual Assault and Punishment Therefor
Section 9: Aggravated Sexual Assault: Aggravated sexual assault includes sexual assault
committed under specific aggravating circumstances, such as:
 By a police officer within the limits of the police station or premises where he is appointed,
or in the course of his duties.
 By a member of the armed forces or security forces within the limits of the area to which
the person is deployed.
 By a public servant.
 By a person on the management or staff of a jail, remand home, protection home,
observation home, or other place of custody or care and protection.
 By a person on the management or staff of a hospital or educational institution.
 By a person in a position of trust or authority over the child.
 By a person using deadly weapons, causing grievous hurt, or causing bodily harm and injury
to the sexual organs of the child.
 Page 86 of 95

 By a person causing the child to become pregnant, inflicting the child with HIV or any other
life-threatening disease, or causing the death of the child.
 By a person taking advantage of a child's mental or physical disability.
 By a person committing the offence more than once or repeatedly.
 By a person being a relative of the child through blood, adoption, or marriage, or having a
domestic relationship with the child.
Section 10: Punishment for Aggravated Sexual Assault
 Whoever commits aggravated sexual assault shall be punished with imprisonment of not
less than five years, which may extend to seven years, and shall also be liable to fine.
E. Sexual Harassment and Punishment Therefor
Section 11: Sexual Harassment: A person is said to commit "sexual harassment" upon a child
when such person, with sexual intent:
 Utters any word, makes any sound, or makes any gesture or exhibits any object or part of
the body with the intention that such word, sound, gesture, or object shall be heard or seen
by the child.
 Makes a child exhibit his body or any part of his body so as it is seen by such person or any
other person.
 Shows any object to a child in any form or media for pornographic purposes.
 Repeatedly or constantly follows or watches or contacts a child either directly or through
electronic, digital, or any other means.
 Threatens to use, in any form of media, a real or fabricated depiction of any part of the body
of the child or the involvement of the child in a sexual act.
 Entices a child for pornographic purposes or gives gratification therefor.
Section 12: Punishment for Sexual Harassment
 Whoever commits sexual harassment upon a child shall be punished with imprisonment of
either description for a term which may extend to three years and shall also be liable to fine.

Using Child for Pornographic Purposes and Punishment Therefor (Chapter III)
Explain the provisions relating to the use of children for pornographic purposes.
Provisions Relating to the Use of Children for Pornographic Purposes under the POCSO
Act, 2012 (Chapter III)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, includes specific provisions to
address the use of children for pornographic purposes. Chapter III of the Act outlines the offences
and corresponding punishments related to the exploitation of children in pornography. Below is a
detailed explanation of these provisions.
Section 13: Use of Child for Pornographic Purposes
Definition:
 A person is said to use a child for pornographic purposes if they involve a child in any form
of media (including programs or advertisements telecast by television channels, internet, or
any other electronic or printed form) for the purpose of sexual gratification. This includes:
o Representation of the sexual organs of a child.
o Usage of a child engaged in real or simulated sexual acts (with or without
penetration).
o Indecent or obscene representation of a child.
Explanation:
 The term "use a child" includes involving a child through any medium like print, electronic,
computer, or any other technology for the preparation, production, offering, transmitting,
publishing, facilitation, and distribution of pornographic material.
Section 14: Punishment for Using Child for Pornographic Purposes
Punishment:
1. General Punishment:
o Whoever uses a child for pornographic purposes shall be punished with
imprisonment for a term not less than five years and shall also be liable to fine.
o In the event of a second or subsequent conviction, the punishment shall be
imprisonment for a term not less than seven years and also be liable to fine.
2. Additional Punishment for Related Offences:
o If the person using a child for pornographic purposes also commits an offence under
Section 3 (penetrative sexual assault), Section 5 (aggravated penetrative sexual
assault), Section 7 (sexual assault), or Section 9 (aggravated sexual assault) by
directly participating in such pornographic acts, they shall be punished for the said
offences under Section 4, Section 6, Section 8, and Section 10, respectively, in
addition to the punishment provided for using a child for pornographic purposes.
 Page 87 of 95

Section 15: Punishment for Storage of Pornographic Material Involving Child

Punishment:
1. Storage with Intent to Share or Transmit:
o Any person who stores or possesses pornographic material involving a child but fails
to delete, destroy, or report the same to the designated authority with the intention
to share or transmit child pornography shall be liable to a fine not less than five
thousand rupees. In the event of a second or subsequent offence, the fine shall not
be less than ten thousand rupees.
2. Storage for Transmission or Propagation:
o Any person who stores or possesses pornographic material involving a child for
transmitting, propagating, displaying, or distributing in any manner at any time,
except for the purpose of reporting or for use as evidence in court, shall be punished
with imprisonment of either description which may extend to three years, or with
fine, or with both.
3. Storage for Commercial Purpose:
o Any person who stores or possesses pornographic material involving a child for
commercial purposes shall be punished on the first conviction with imprisonment of
either description which shall not be less than three years and may extend to five
years, or with fine, or with both. In the event of a second or subsequent conviction,
the punishment shall be imprisonment of either description which shall not be less
than five years and may extend to seven years, and shall also be liable to fine.

Abetment of and Attempt to Commit an Offence (Chapter IV)

Discuss the provisions relating to the abetment of and attempt to commit offences under the POCSO
Act.
Provisions Relating to the Abetment of and Attempt to Commit Offences under the POCSO
Act, 2012 (Chapter IV)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, includes specific provisions to
address the abetment of and attempt to commit offences against children. Chapter IV of the Act
outlines these provisions, ensuring that individuals who instigate, conspire, or attempt to commit
offences under the Act are held accountable. Below is a detailed explanation of the provisions relating
to the abetment of and attempt to commit offences under the POCSO Act.
Section 16: Abetment of an Offence
Definition:
 A person abets an offence if they:
o Instigate: Instigate any person to commit an offence.
o Conspire: Engage with one or more persons in a conspiracy to commit an offence,
if an act or illegal omission takes place in pursuance of that conspiracy.
o Aid: Intentionally aid, by any act or illegal omission, the commission of an offence.
Explanations:
1. Instigation by Misrepresentation or Concealment:
o A person who, by willful misrepresentation or willful concealment of a material fact
which they are bound to disclose, voluntarily causes or procures, or attempts to
cause or procure, a thing to be done, is said to instigate the doing of that offence.
2. Facilitation of the Act:
o Whoever, either prior to or at the time of the commission of an act, does anything
to facilitate the commission of that act, and thereby facilitates the commission
thereof, is said to aid the doing of that act.
3. Employment, Harboring, Receiving, or Transporting a Child:
o Whoever employs, harbors, receives, or transports a child by means of threat, use
of force, coercion, abduction, fraud, deception, abuse of power, or vulnerability, or
by giving or receiving payments or benefits to achieve the consent of a person having
control over another person, for the purpose of any offence under this Act, is said to
aid the doing of that act.
Section 17: Punishment for Abetment
Punishment:
 Whoever abets any offence under this Act, if the act abetted is committed in consequence
of the abetment, shall be punished with the punishment provided for that offence.
Explanation:
 An act or offence is said to be committed in consequence of abetment when it is committed
in consequence of the instigation, or in pursuance of the conspiracy, or with the aid, which
constitutes the abetment.
Section 18: Punishment for Attempt to Commit an Offence
 Page 88 of 95

Punishment:
 Whoever attempts to commit any offence punishable under this Act or to cause such an
offence to be committed, and in such attempt does any act towards the commission of the
offence, shall be punished with imprisonment of any description provided for the offence, for
a term which may extend to one-half of the imprisonment for life or, as the case may be,
one-half of the longest term of imprisonment provided for that offence, or with fine, or with
both.

Procedure for Reporting of Cases (Chapter V)

What is the procedure for reporting cases under the POCSO Act?
Procedure for Reporting Cases under the POCSO Act, 2012 (Chapter V)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, outlines a detailed procedure
for reporting cases of sexual offences against children. Chapter V of the Act specifies the steps that
need to be taken to ensure that such cases are reported promptly and handled appropriately. Below
is a detailed explanation of the procedure for reporting cases under the POCSO Act.
Section 19: Reporting of Offences
1. Obligation to Report:
o Any person (including the child) who has apprehension that an offence under this
Act is likely to be committed, or has knowledge that such an offence has been
committed, must provide such information to:
 The Special Juvenile Police Unit (SJPU), or
 The local police.
2. Recording the Report:
o Every report given under sub-section (1) must be:
 Ascribed an entry number and recorded in writing.
 Read over to the informant.
 Entered in a book to be kept by the Police Unit.
3. Child's Report:
o If the report is given by a child, it must be recorded in simple language so that the
child understands the contents being recorded.
o If the language used is not understood by the child, or if deemed necessary, a
translator or an interpreter with the prescribed qualifications and experience must
be provided to the child.
4. Immediate Care and Protection:
o If the SJPU or local police is satisfied that the child against whom an offence has
been committed is in need of care and protection, they must make immediate
arrangements to provide such care and protection, including admitting the child into
a shelter home or the nearest hospital within 24 hours of the report.
5. Reporting to Authorities:
o The SJPU or local police must, without unnecessary delay but within 24 hours, report
the matter to the Child Welfare Committee (CWC) and the Special Court or, where
no Special Court has been designated, to the Court of Session. This report must
include the need for care and protection of the child and the steps taken in this
regard.
6. Protection from Liability:
o No person shall incur any liability, whether civil or criminal, for giving the information
in good faith for the purpose of sub-section (1).
Section 20: Obligation of Media, Studio, and Photographic Facilities to Report Cases
1. Obligation to Report:
o Any personnel of the media, hotel, lodge, hospital, club, studio, or photographic
facilities, upon coming across any material or object that is sexually exploitative of
a child (including pornographic, sexually-related, or making obscene representation
of a child or children), must provide such information to the SJPU or the local police.
Section 21: Punishment for Failure to Report or Record a Case
1. Failure to Report:
o Any person who fails to report the commission of an offence under sub-section (1)
of Section 19 or Section 20, or who fails to record such offence under sub-section
(2) of Section 19, shall be punished with imprisonment of either description which
may extend to six months or with fine or with both.
2. Failure by In-Charge of Institution:
o Any person in charge of any company or institution who fails to report the
commission of an offence under sub-section (1) of Section 19 in respect of a
 Page 89 of 95

subordinate under their control shall be punished with imprisonment for a term
which may extend to one year and with fine.
3. Exemption for Children:
o The provisions of sub-section (1) shall not apply to a child under this Act.
Section 22: Punishment for False Complaint or False Information
1. False Complaint or Information:
o Any person who makes a false complaint or provides false information against any
person, in respect of an offence committed under Sections 3, 5, 7, and 9, solely with
the intention to humiliate, extort, threaten, or defame him, shall be punished with
imprisonment for a term which may extend to six months or with fine or with both.
2. Exemption for Children:
o Where a false complaint has been made or false information has been provided by
a child, no punishment shall be imposed on such child.
3. False Complaint Against a Child:
o Whoever, not being a child, makes a false complaint or provides false information
against a child, knowing it to be false, thereby victimizing such child in any of the
offences under this Act, shall be punished with imprisonment which may extend to
one year or with fine or with both.
Section 23: Procedure for Media
1. Reporting by Media:
o No person shall make any report or present comments on any child from any form
of media or studio or photographic facilities without having complete and authentic
information, which may have the effect of lowering the child's reputation or infringing
upon their privacy.
2. Non-Disclosure of Identity:
o No reports in any media shall disclose the identity of a child, including their name,
address, photograph, family details, school, neighborhood, or any other particulars
which may lead to the disclosure of the identity of the child.
o The Special Court may permit such disclosure if it is in the interest of the child, for
reasons to be recorded in writing.
3. Liability of Media Owners:
o The publisher or owner of the media or studio or photographic facilities shall be
jointly and severally liable for the acts and omissions of their employees.
4. Punishment for Contravention:
o Any person who contravenes the provisions of sub-section (1) or sub-section (2)
shall be liable to be punished with imprisonment of either description for a period
which shall not be less than six months but which may extend to one year or with
fine or with both.

Procedures for Recording Statement of the Child (Chapter VI)

Explain the procedure for recording the statement of a child under the POCSO Act.
Procedure for Recording the Statement of a Child under the POCSO Act, 2012 (Chapter VI)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, provides specific procedures
for recording the statement of a child to ensure that the process is child-friendly and sensitive to the
needs of the child. Chapter VI of the Act outlines these procedures in detail. Below is a
comprehensive explanation of the procedure for recording the statement of a child under the POCSO
Act.
Section 24: Recording of Statement of a Child
1. Location and Environment:
o The statement of the child must be recorded at the residence of the child or at a
place where the child usually resides, or at a place of the child's choice.
o As far as practicable, the statement should be recorded by a woman police officer
not below the rank of sub-inspector.
2. Police Officer's Attire:
o The police officer recording the statement should not be in uniform to create a less
intimidating environment for the child.
3. Avoiding Contact with the Accused:
o The police officer must ensure that the child does not come into contact with the
accused in any way during the recording of the statement.
4. Detention Prohibition:
o No child shall be detained in the police station in the night for any reason.
5. Protection of Identity:
 Page 90 of 95

o The police officer must ensure that the identity of the child is protected from the
public and media unless otherwise directed by the Special Court in the interest of
the child.
Section 25: Recording of Statement of a Child by Magistrate
1. Recording under Section 164 of CrPC:
o If the statement of the child is being recorded under Section 164 of the Code of
Criminal Procedure, 1973 (CrPC), the Magistrate must record the statement as
spoken by the child.
o The presence of the advocate of the accused is not permitted during the recording
of the statement.
2. Provision of Documents:
o The Magistrate must provide a copy of the document specified under Section 207 of
the CrPC to the child and their parents or representative upon the final report being
filed by the police under Section 173 of the CrPC.
Section 26: Additional Provisions Regarding Statement to be Recorded
1. Presence of Trusted Individuals:
o The statement must be recorded in the presence of the child's parents or any other
person in whom the child has trust or confidence.
2. Assistance of Translator or Interpreter:
o If necessary, the Magistrate or police officer may take the assistance of a translator
or interpreter with the prescribed qualifications and experience while recording the
statement of the child.
3. Special Educator or Expert Assistance:
o In the case of a child with a mental or physical disability, the Magistrate or police
officer may seek the assistance of a special educator or any person familiar with the
manner of communication of the child or an expert in that field.
4. Audio-Video Recording:
o Wherever possible, the statement of the child should also be recorded by audio-
video electronic means to ensure accuracy and transparency.
Section 27: Medical Examination of a Child
1. Conducting Medical Examination:
o The medical examination of a child in respect of whom any offence has been
committed under this Act must be conducted in accordance with Section 164A of the
CrPC, even if a First Information Report (FIR) or complaint has not been registered.
2. Examination by Woman Doctor:
o If the victim is a girl child, the medical examination must be conducted by a woman
doctor.
3. Presence of Trusted Individual:
o The medical examination must be conducted in the presence of the child's parent or
any other person in whom the child reposes trust or confidence.
4. Nomination in Absence of Parent or Trusted Person:
o If the parent or trusted person cannot be present during the medical examination,
it must be conducted in the presence of a woman nominated by the head of the
medical institution.

Special Courts (Chapter VII)

Discuss the establishment and functions of Special Courts under the POCSO Act.
Establishment and Functions of Special Courts under the POCSO Act, 2012 (Chapter VII)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, mandates the establishment of
Special Courts to ensure the speedy trial of offences under the Act. Chapter VII of the Act outlines
the provisions related to the establishment, jurisdiction, and functions of these Special Courts. Below
is a detailed explanation of the establishment and functions of Special Courts under the POCSO Act.
Section 28: Designation of Special Courts
1. Establishment:
o The State Government, in consultation with the Chief Justice of the High Court, must
designate a Court of Session in each district as a Special Court to try offences under
the POCSO Act.
o If a Court of Session is already notified as a Children’s Court under the Commissions
for Protection of Child Rights Act, 2005, or a Special Court designated for similar
purposes under any other law, it shall be deemed to be a Special Court under this
section.
2. Jurisdiction:
 Page 91 of 95

o The Special Court has jurisdiction to try offences under the POCSO Act and any other
offence with which the accused may be charged at the same trial under the Code of
Criminal Procedure, 1973 (CrPC).
3. Additional Jurisdiction:
o The Special Court also has jurisdiction to try offences under Section 67B of the
Information Technology Act, 2000, related to the publication or transmission of
sexually explicit material depicting children.
Section 29: Presumption as to Certain Offences
 When a person is prosecuted for committing or abetting or attempting to commit any offence
under Sections 3, 5, 7, and 9 of the POCSO Act, the Special Court shall presume that such
person has committed or abetted or attempted to commit the offence unless the contrary is
proved.
Section 30: Presumption of Culpable Mental State
1. Presumption:
o In any prosecution for an offence under the POCSO Act that requires a culpable
mental state, the Special Court shall presume the existence of such mental state.
o It is a defense for the accused to prove that they had no such mental state with
respect to the act charged as an offence.
2. Proof:
o A fact is said to be proved only when the Special Court believes it to exist beyond
reasonable doubt, not merely by a preponderance of probability.
Section 31: Application of Code of Criminal Procedure, 1973
 The provisions of the CrPC, including those related to bail and bonds, apply to proceedings
before a Special Court. The Special Court is deemed to be a Court of Session, and the person
conducting a prosecution before a Special Court is deemed to be a Public Prosecutor.
Section 32: Special Public Prosecutors
1. Appointment:
o The State Government must appoint a Special Public Prosecutor for every Special
Court to conduct cases under the POCSO Act.
2. Eligibility:
o A person is eligible to be appointed as a Special Public Prosecutor if they have been
in practice as an advocate for not less than seven years.
3. Role:
o The Special Public Prosecutor is deemed to be a Public Prosecutor within the meaning
of the CrPC, and the provisions of the CrPC apply accordingly.
Functions and Powers of Special Courts
Section 33: Procedure and Powers of Special Court
1. Cognizance of Offences:
o The Special Court may take cognizance of any offence without the accused being
committed to it for trial, upon receiving a complaint of facts constituting such offence
or upon a police report.
2. Child-Friendly Procedures:
o The Special Court must create a child-friendly atmosphere by allowing a family
member, guardian, friend, or relative in whom the child has trust or confidence to
be present in the court.
o The court must ensure that the child is not called repeatedly to testify and that
aggressive questioning or character assassination of the child is not permitted.
3. Examination of Child:
o The Special Public Prosecutor or the counsel for the accused must communicate
questions to be put to the child to the Special Court, which in turn puts those
questions to the child.
o The court may permit frequent breaks for the child during the trial.
4. Protection of Identity:
o The identity of the child must not be disclosed at any time during the investigation
or trial. The court may permit disclosure if it is in the interest of the child, with
reasons recorded in writing.
5. Compensation:
o In appropriate cases, the Special Court may direct payment of compensation to the
child for any physical or mental trauma caused or for immediate rehabilitation.
6. Trial Procedures:
o The Special Court has all the powers of a Court of Session and must try offences as
if it were a Court of Session, following the procedure specified in the CrPC for trials
before a Court of Session.
 Page 92 of 95

Section 34: Procedure in Case of Commission of Offence by Child and Determination of

Age by Special Court
1. Dealing with Child Offenders:
o If an offence under the POCSO Act is committed by a child, the child must be dealt
with under the provisions of the Juvenile Justice (Care and Protection of Children)
Act, 2015.
2. Determination of Age:
o If any question arises regarding whether a person is a child, the Special Court must
determine the age and record its reasons in writing. The order is not invalidated by
subsequent proof that the age determined was incorrect.
Section 35: Period for Recording of Evidence of Child and Disposal of Case
1. Timely Recording of Evidence:
o The evidence of the child must be recorded within 30 days of the Special Court taking
cognizance of the offence. Reasons for any delay must be recorded.
2. Completion of Trial:
o The Special Court must complete the trial, as far as possible, within one year from
the date of taking cognizance of the offence.
Section 36: Child Not to See Accused at the Time of Testifying
 The Special Court must ensure that the child is not exposed to the accused while recording
evidence. The court may use video conferencing, single visibility mirrors, curtains, or other
devices to achieve this.
Section 37: Trials to be Conducted in Camera
 Trials must be conducted in camera and in the presence of the child's parents or a trusted
person. The court may issue a commission to examine the child at a place other than the
court if necessary.
Section 38: Assistance of an Interpreter or Expert While Recording Evidence of Child
 The court may take the assistance of a translator, interpreter, special educator, or expert
while recording the evidence of a child, especially if the child has a mental or physical
disability.

Procedure and Powers of Special Courts and Recording of Evidence (Chapter VIII)
Explain the procedure and powers of Special Courts in recording evidence under the POCSO Act.
Procedure and Powers of Special Courts in Recording Evidence under the POCSO Act, 2012
(Chapter VIII)
The Protection of Children from Sexual Offences (POCSO) Act, 2012, establishes Special Courts to
ensure the speedy trial of offences under the Act and to create a child-friendly judicial process.
Chapter VIII of the Act outlines the specific procedures and powers of these Special Courts,
particularly in relation to recording evidence. Below is a detailed explanation of these provisions.
Section 33: Procedure and Powers of Special Court
1. Cognizance of Offences:
o The Special Court may take cognizance of any offence without the accused being
committed to it for trial, upon receiving a complaint of facts constituting such offence
or upon a police report of such facts.
2. Child-Friendly Examination:
o The Special Public Prosecutor or the counsel for the accused must communicate the
questions to be put to the child to the Special Court, which in turn puts those
questions to the child. This ensures that the child is not subjected to aggressive or
intimidating questioning.
3. Frequent Breaks:
o The Special Court may permit frequent breaks for the child during the trial to ensure
that the child is comfortable and not overwhelmed by the proceedings.
4. Supportive Environment:
o The Special Court must create a child-friendly atmosphere by allowing a family
member, guardian, friend, or relative in whom the child has trust or confidence to
be present in the court.
5. Minimizing Repeated Testimony:
o The Special Court must ensure that the child is not called repeatedly to testify in the
court, thereby reducing the potential for re-traumatization.
6. Protection of Dignity:
o The Special Court must not permit aggressive questioning or character assassination
of the child and must ensure that the dignity of the child is maintained at all times
during the trial.
7. Confidentiality:
 Page 93 of 95

o The identity of the child must not be disclosed at any time during the course of
investigation or trial. The Special Court may permit such disclosure if it is in the
interest of the child, with reasons recorded in writing. The identity includes the child's
family, school, relatives, neighborhood, or any other information by which the
identity of the child may be revealed.
8. Compensation:
o In appropriate cases, the Special Court may, in addition to the punishment, direct
payment of compensation to the child for any physical or mental trauma caused or
for immediate rehabilitation.
9. Powers of a Court of Session:
o The Special Court has all the powers of a Court of Session and must try offences as
if it were a Court of Session, following the procedure specified in the Code of Criminal
Procedure, 1973 (CrPC) for trials before a Court of Session.
Section 34: Procedure in Case of Commission of Offence by Child and Determination of
Age by Special Court
1. Dealing with Child Offenders:
o If an offence under the POCSO Act is committed by a child, the child must be dealt
with under the provisions of the Juvenile Justice (Care and Protection of Children)
Act, 2015.
2. Determination of Age:
o If any question arises regarding whether a person is a child, the Special Court must
determine the age and record its reasons in writing. The order is not invalidated by
subsequent proof that the age determined was incorrect.
Section 35: Period for Recording of Evidence of Child and Disposal of Case
1. Timely Recording of Evidence:
o The evidence of the child must be recorded within 30 days of the Special Court taking
cognizance of the offence. Reasons for any delay must be recorded.
2. Completion of Trial:
o The Special Court must complete the trial, as far as possible, within one year from
the date of taking cognizance of the offence.
Section 36: Child Not to See Accused at the Time of Testifying
1. Ensuring No Exposure to Accused:
o The Special Court must ensure that the child is not exposed to the accused while
recording evidence. The court may use video conferencing, single visibility mirrors,
curtains, or other devices to achieve this.
2. Communication with Advocate:
o While ensuring that the child is not exposed to the accused, the court must also
ensure that the accused is in a position to hear the statement of the child and
communicate with their advocate.
Section 37: Trials to be Conducted in Camera
 The Special Court must conduct trials in camera and in the presence of the child's parents
or a trusted person. If the court deems it necessary, it may issue a commission to examine
the child at a place other than the court.
Section 38: Assistance of an Interpreter or Expert While Recording Evidence of Child
1. Translator or Interpreter:
o The court may take the assistance of a translator or interpreter with the prescribed
qualifications and experience while recording the evidence of the child.
2. Special Educator or Expert:
o If the child has a mental or physical disability, the Special Court may take the
assistance of a special educator or any person familiar with the manner of
communication of the child or an expert in that field to record the evidence of the
child.

Miscellaneous Provisions (Chapter IX)

Discuss the miscellaneous provisions under the POCSO Act.
Miscellaneous Provisions under the POCSO Act, 2012 (Chapter IX)
Chapter IX of the Protection of Children from Sexual Offences (POCSO) Act, 2012, encompasses
various miscellaneous provisions that address different aspects of the Act's implementation and
enforcement. These provisions are designed to ensure the effective functioning of the juvenile justice
system and the protection of children's rights. Below is a detailed explanation of the miscellaneous
provisions as outlined in Sections 39 to 46 of the Act.
Section 39: Guidelines for Child to Take Assistance of Experts, etc.
 Preparation of Guidelines:
 Page 94 of 95

o The State Government is required to prepare guidelines for the use of non-
governmental organizations, professionals, and experts or persons having
knowledge of psychology, social work, physical health, mental health, and child
development.
o These guidelines are intended to assist the child during the pre-trial and trial stages.
Section 40: Right of Child to Take Assistance of Legal Practitioner
 Legal Assistance:
o The family or guardian of the child is entitled to the assistance of a legal counsel of
their choice for any offence under this Act.
o If the family or guardian is unable to afford a legal counsel, the Legal Services
Authority shall provide a lawyer to them.
Section 41: Provisions of Sections 3 to 13 Not to Apply in Certain Cases
 Medical Examination or Treatment: The provisions of Sections 3 to 13 (which deal with
various sexual offences) do not apply in cases of medical examination or medical treatment
of a child when such examination or treatment is undertaken with the consent of the child's
parents or guardian.
Section 42: Alternate Punishment
 Greater Punishment: Where an act or omission constitutes an offence punishable under
this Act and also under Sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A,
376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, Section 509 of the Indian Penal Code, or
Section 67B of the Information Technology Act, 2000, the offender shall be liable to
punishment only under this Act or under the Indian Penal Code, whichever provides for a
greater punishment.
Section 42A: Act Not in Derogation of Any Other Law
 Non-Derogation:
o The provisions of this Act are in addition to and not in derogation of the provisions
of any other law for the time being in force.
o In case of any inconsistency, the provisions of this Act shall have overriding effect
to the extent of the inconsistency.
Section 43: Public Awareness about Act
 Publicity and Training:
o The Central Government and every State Government must take all measures to
ensure that the provisions of this Act are given wide publicity through media,
including television, radio, and print media, at regular intervals.
o The aim is to make the general public, children, as well as their parents and
guardians, aware of the provisions of this Act.
o Officers of the Central Government and the State Governments and other concerned
persons (including police officers) must be imparted periodic training on matters
relating to the implementation of the provisions of the Act.
Section 44: Monitoring of Implementation of Act
1. Role of Commissions:
o The National Commission for Protection of Child Rights (NCPCR) or the State
Commission for Protection of Child Rights (SCPCR) must monitor the implementation
of the provisions of this Act.
o These commissions have the same powers as vested in them under the Commissions
for Protection of Child Rights Act, 2005, while inquiring into any matter relating to
any offence under this Act.
2. Annual Report: The activities of the NCPCR or SCPCR under this section must be included
in the annual report referred to in Section 16 of the Commissions for Protection of Child
Rights Act, 2005.
Section 45: Power to Make Rules
1. Rule-Making Authority: The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
2. Specific Provisions:
o The rules may provide for various matters, including:
 The manner of deleting or destroying or reporting about pornographic
material involving a child.
 The qualifications and experience of, and the fees payable to, a translator,
interpreter, special educator, or any person familiar with the manner of
communication of the child or an expert in that field.
 Care and protection and emergency medical treatment of the child.
 The payment of compensation to the child for any physical or mental trauma
caused or for immediate rehabilitation.
 Page 95 of 95

 The manner of periodic monitoring of the provisions of the Act.

3. Parliamentary Oversight: Every rule made under this section must be laid before each
House of Parliament while it is in session for a total period of thirty days. If both Houses
agree to any modification or annulment of the rule, it shall have effect only in such modified
form or be of no effect, as the case may be.
Section 46: Power to Remove Difficulties
1. Removal of Difficulties:
o If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make provisions not
inconsistent with the provisions of this Act as may appear to be necessary or
expedient for removing the difficulty.
o No order shall be made under this section after the expiry of two years from the
commencement of this Act.
2. Parliamentary Oversight: Every order made under this section must be laid before each
House of Parliament.

Disclaimer
Hemant Patil, GLC Mumbai Batch of 2025, freely shares these notes with all law students, regardless
of their institution or location, without any discrimination. Redistribution of these notes is encouraged
to benefit everyone. The author does not guarantee the completeness, accuracy, reliability, or
suitability of the information provided. Any reliance on this information is at your own risk. The
author is not liable for any loss or damage, including indirect or consequential loss, or any loss of
data or profits arising from the use of this document. The author reserves the right to change, add,
or remove any information in this document at any time without notice. These notes continue to
keep improving, and it is always advisable to check for the latest available version. For the latest
version, please request it by providing your full name, contact details, and institution to
[email protected].