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KRISHAN COMMERCE LASSES


8 YEARS OF EXCELLENCE
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The Code of Criminal Procedure, 1973

The Code of Criminal Procedure creates the necessary machinery forapprehending the criminals, investigating
the criminal cases, their trials before the criminal courts and imposition of proper punishment on the guilty person

It is an adjective law but also contains provisions of substantive nature (e.g. Chapters VIII, IX, X and XI). Its object is
to provide a machinery for determining the guilt of and imposing punishment on offenders under the substantive
criminal law, for example, the Indian Penal Code (I.P.C.). The two Codes are to be read together.

Mens rea - A guilty mind


- A subjective matter
- An essential ingredient in every criminal case
A bailable offence Shown in First Shedule
Non-bailable offence Any other offence
Cognizable offence - Serious offences
- Arrest without warrant
Arrest without warrant(Section - Committed cognizable offence & credible information available
- 41) - implement of housebreaking found in possession
- proclaimed offender
- in possession of stolen property
- obstructs any police officer from doing his duty
- deserter from any of the Armed Forces of the Union
- any act committed o/s India, had it been committed in Indian would have
been an offence
- Released convicts violates rules of release
- For whose arrest requisition received from any other police officer
Arrest by a private person - may arrest or cause to be arrested any person who in his presence commits
a non-bailable and cognizable offence or who is a proclaimed offender

Production of arrested a) can be kept into custody for a period not exceeding 24 hours, and
person without warrant b) before the expiry of that period he is to be produced before the nearest
Magistrate,
c) who can under Section 167 order his detention for a term not exceeding
15 days, or he can be taken to a Magistrate, under whose jurisdiction he
is to be tried, and
d) such Magistrate can remand him to custody for a term which may
exceed 15 days but not more than 60 days.
-
Non-cognizable offence - Less serious offence
- Arrest with the permission of magistrate
Complaint - Written or oral made to magistrate
- Does not include police report but if made after investigation then
included
-
Bail release of the accused from the custody of the officers of law
Anticipatory bail - granted by the High Court or a Court of Session,
- to a person who apprehends arrest for having committed a non-bailable
offence,
- but has not yet been arrested
Investigation, inquiry or trial - firstly investigation is conducted, then inquiry or trial
Inquiry - means every inquiry other than a trial
- it stops when trial begins
- made by a magistrate or court
investigation - by police officer or any officer authorized by magistrate but cannot be
conducted by magistrate himself
- purpose collection of evidence
Warrant case means an offence - death or
punishable with - imprisonment for life or
- imprisonment for a term exceeding two years
Summon case - Other than a warrant case i.e an offence punishable with 2 years or less
imprisonment
Classes of criminal courts - 5
Classes of criminal courts 1) High Courts;
2) Courts of Session;
3) Judicial Magistrates of the first class, and, in any metropolitan
area; Metropolitan Magistrates
4) Judicial Magistrates of the second class; and
5) Executive Magistrates;
Besides this, the Courts may also be constituted under any other law. The
Supreme Court is also vested with some criminal powers. Article 134 confers
appellate jurisdiction on the Supreme Court in regard to criminal matters from a
High Court in certain cases.

Courts/Authority Powers
High Court - any sentence authorized by law
Session judge or additional - any sentence authorized by law, but death sentence subject to confirmation
session judge of High Court
An Assistant Sessions Judge any sentence authorised by law except
- death sentence
- life imprisonment
- imprisonment for exceeding 10 years
Chief Judicial Magistrate any sentence authorised by law except
- death sentence
- life imprisonment
- imprisonment for exceeding 7 years
Magistrate of the first class - a sentence of imprisonment for a term not exceeding three years or
- of a fine not exceeding five thousand rupees, or
- of both
Magistrate of the second class - a sentence of imprisonment for a term not exceeding one year, or
- of fine not exceeding one thousand rupees, or
- of both
Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a
Metropolitan Magistrate, and the powers of the Court of a Magistrate of the First
class.
-
Sentence of imprisonment in Court of a Magistrate may award such term of imprisonment in default of payment
default of fine of fine as is authorised by law provided the that the term:
(i) is not in excess of the powers of the Magistrate under Section 29; and
(ii) where imprisonment has been awarded as part of the substantive
sentence, it should not exceed 1/4th of the term of imprisonment which
the Magistrate is competent to inflict as punishment for the offence
otherwise than as imprisonment in default of payment of the fine.
-
SUMMON PARTICULARS
Purpose - either for appearance or for producing a document or thing
Issued to - to an accused person or witness
Written or oral - always in writing
To be signed by - presiding Officer of such Court or
- by such officer as is authorised by the High Court and
- shall bear the seal of the Court
Service of summon - by a police officer or
- by an officer of the Court or
- other public servant
If service cannot be effected by - the serving officer can perform substituted service by affixing one of the
the exercise of due diligence duplicates of the summons to some conspicuous part of the house or
homestead in which person summoned ordinarily resides
Service of summon on - on the secretary,
corporation including - local manager or
incorporate - other principal officer of the corporation,
company/society/body
corporate
WARRANT
purpose - only for protection of a person before the concerned Court and not before
the police officer
Conditions a) must be in writing.
b) must bear the name and designation of the person who is to execute it;
c) must give full name and description of the person to be arrested;
d) must state the offence charged;
e) must be signed by the presiding officer; and
f) must be sealed.
g) police officer or other person executing the warrant of arrest shallbring the
person arrested before the Court without unnecessary delay provided that
such delay shall not in any case exceed 24 hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrates Court.

If warrant remains unexecuted Code provides for two remedies:


1) issuing a proclamation (Section 82); and
2) attachment and sale of property (Section 83).

SEARCH WARRANT a search warrant can be issued only in the following


cases:
a) where the Court has reason to believe that a person summoned to produce
any document or other thing will not produce it;
b) where such document or thing is not known to the Court to be in the
possession of any person; or
c) where a general inspection or search is necesary. However, a search warrant
may be general or restricted in its scope as to any place or part thereof.
Note: But such warrant shall not be issued for searching a document, parcel or
other thing in the custody of the postal or telegraph authority, by a magistrate
other than a District Magistrate or Chief Judicial Magistrate, nor would such
warrant be issued so as to affect Sections 123 and 124 of the Indian Evidence
Act, 1872 or the Bankers Book Evidence Act, 1891.

Cognizance of an offence Any Magistrate of first class and of the second class specially empowered may
take cognizance of an offence upon:
1) receiving a complaint of facts constituting such offence;
2) a police report of such facts;
3) information received from any person other than a police officer;
(4) his own knowledge that such offence has been committed.

Limitation period no Court shall take cognizance of an offence after the expiry of the period of
(6 months Fine only) limitation mentioned below:
(1 year- Imprisonment upto 1 y) a) six months, if the offence is punishable with fine only.
(3 years- imprisonment upto 3 b) one year, if the offence is punishable with imprisonment for a term not
y) exceeding one year; and
c) three years, if the offence is punishable with imprisonment for a term
exceeding one year but not exceeding three years.

Summary Trial (upto 2 years Summary trial means the speedy disposal of cases. By summary cases is meant
imprisonment cases only) a case which can be tried and disposed of at once. Generally, it will apply to such
offences not punishable with imprisonment for a term exceeding two years.

Section 260(1) of the Criminal Procedure Code sets out the provisions for
summary trials. It says:

(a) any Chief Judicial Magistrate;


(b) any Metropolitan Magistrate;
(c) any Magistrate of the First class who is specially empowered in this behalf by
the High Court, may, if he thinks fit, try in a summary way all or any of the following
offences:
a. offences not punishable with death, imprisonment for life or imprisonment for a
term exceeding two years;
b. theft under Section 379, Section 380 or Section 381 of the Indian Penal Code,
where the value of the property stolen does not exceed Rs. 200;
c. receiving or retaining stolen property, under Section 411 of the Indian Penal
Code, where the value of such property, does not exceed Rs. 200;
d. assisting in the concealment or disposal of stolen property, under Section 414
of the Indian Penal Code, where the value of such property does not exceed
Rs. 200; (v) offences under Sections 454 and 456 of the Indian Penal Code;
e. insult with intent to provoke a breach of the peace, under Section 504 of the
Indian Penal Code;
f. abetment of any of the foregoing offences;
g. an attempt to commit any of the foregoing offences, when such attempt is an
offence;
h. any offence constituted by an act in respect of which a complaint may be made
under Section 20 of the Cattle Trespass Act, 1871.
Sub-section (2) states that when in the course of a summary trial it appears to the
Magistrate that the nature of the case is such that it is undesirable to try it
summarily, the Magistrate shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner provided in this Code.
Summary trial is a speedy trial by dispensing with formalities or delay in
proceedings.
Section 262 envisages procedure for summary trials. Sub-section (1) lays down
that in all summary trials the summons-case procedure should be followed
irrespective of the nature of the case i.e. whether it is a summons- case or a
warrant case. Sub-section (2) laying down the limit of the sentence of
imprisonment states that no sentence of imprisonment for a term exceeding 3
months shall be passed in any conviction in summary trials.