Criminal Procedure Code Cr P C

Written by Hanumant's Law Journal Tuesday, 08 September 2009 01:43 - Last Updated Saturday, 12 September 2009 11:21

Criminal Procedure Code

Unit 1 - Introductory

Q. 1 Describe the organization of police, prosecutor, defense counsel and prison authorities and their duties, functions and powers. Unit 2 - Arrest Q. 2 What do you understand by Arrest? How is an arrest made? When can the police arrest a person without an order from a magistrate and/or without a warrant? Explain the rights of an arrested person. [Right to know the grounds of arrest - Art 22(1), Sec 50, 50(A), Right to consult and to be defended by legal practitioner of his choice - Art 22(1), Sec 303, Right to legal aid - Art 21, Sec 304, Right to bail Sec 50(2), Right to be produced before nearest magistrate within 24 hrs - Art 22(2) Sec 56, 57, Right not to be detained in custody beyond 24 hrs - Art 22(2) Sec 57, 167, Right to be examined by medical practitioner]

Q. 3 Explain the procedure for compelling appearance as given in CrPC. What do you know about summons in this context? Describe the procedure for issue and service of summons. How can a summons be served on a govt. employee or outside local limits?

Q. 4 What do you understand by Warrant of Arrest? Describe the procedure for issue and service of a warrant of arrest. When can a court issue warrant of arrest in cases in which it is empowered to issue summons? When can a warrant be issued for recovery of a fine?

Q. 5 When is a person declared Absconder? (Sec 82, 83, 84, 85) Explain the procedure for publication of proclamation for persons absconding.

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Criminal Procedure Code Cr P C

Written by Hanumant's Law Journal Tuesday, 08 September 2009 01:43 - Last Updated Saturday, 12 September 2009 11:21

Unit 6 - Trial Process

Q. 6 What is meant by Commencement of proceedings? [Sec 200, 201, 202] When can a complaint be dismissed?[Sec 203] Q. 7 What is offence? What is a bailable and non-bailable offence?What is Bail? When and When not, can it be granted? Under what circumstances can bail be granted for a non-bailable offence?What do you understand by Anticipatory bail? When is it granted and when it may be refused? What is the difference between the general provisions of anticipatory bail and regular bail? Explain the procedure for bail in Non-bailable offenses. Discuss the conditions for granting bail. When may a court refuse to grant bail? Can the courts decision be appealed? When can a bail be canceled?

Q. 8 Explain general principles concerning bond [Sec 441 - 450]. Explain the procedure that is followed when a bond is forfeited.

Unit 8 - Charge

Q. 9 What is a Charge? What are the contents of a Charge? Discuss the effects of errors in a Charge? How is a charge different from FIR?Discharge - pre-charge evidence.

Q. 10 Explain the principle of Separate charges for distinct offences. Are there any exceptions? (sec 218, 219, 220, 221, 223). When can multiple offences be charged separately, when can they be tried in the same/different trial? What do you understand by Joinder of charges?s

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Criminal Procedure Code Cr P C

Written by Hanumant's Law Journal Tuesday, 08 September 2009 01:43 - Last Updated Saturday, 12 September 2009 11:21

Unit 9 - Preliminary Pleas to bar the trial

Q. 11 What are the pleas that can be used to bar the trial?

Unit 13 - 14 - Juvenile Delinquency and Probation Q. 12 Describe the main features of Juvenile Justice (Care and Protection) Act, 2000. Who is a child in need to care and protection? Discuss the nature of Juvenile Delinquency. State the procedure followed by Juvenile Justice Court. What protections are given by the legislature and the judiciary to juvenile delinquents? State the orders that can be passed for delinquent children under this act. Q. 13 Discuss the aim and objective of Probation of Offenders Act, 1958. State the powers of the court regarding release of certain offenders on probation of good behavior under this act. Explain the procedure followed against the offender who breaches the probation conditions. Explain the offenses in which a court can and cannot grant the benefit of probation.Section 360 of CrPC and Sec 4 of Probation of Offenders Act both empower the court to release a convicted offender on probation of good behavior. Which section has overriding effect?

General

Differences - Summons Case and Warrant Case, Compoundable and Non compoundable offences, Information and Complaint, Sufficient ground for Commitment and Sufficient ground for Conviction, Discharge and Acquittal in Warrant case, Cognizable offence and

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Criminal Procedure Code Cr P C

Written by Hanumant's Law Journal Tuesday, 08 September 2009 01:43 - Last Updated Saturday, 12 September 2009 11:21

Non-cognizable offence, Short Notes - FIR, Summary Trial , Public Prosecutor ( Discussed in Q.1 )

(Discussed earlier - Bailable offence and non-bailable offence,Anticipatory bail and regular bail)

The following topics are important for general understanding of CrPC

Unit 3 - Search and Seizure

What are the general principles relating to Search (Refer to Sec 99, 100, and 101)?. Can the police search without a search warrant? (Police search during investigation - sec 165, 166, 153). When can any court issue a search warrant (Sec 83, 94, 97, 98)? What do you understand by Seizure (Sec 102)? Discuss constitutional Aspects of validity or search and seizure proceedings. Unit 4 - FIR What do you understand by FIR (Sec 154)? What is its evidentiary value? (Refer Sec 145, 157 of Evidence Act). What are the duties of a police officer and the procedure for investigation after receipt of such a report? When can a police officer proceed for an Investigation Report? Is a statement given by the accused in police custody admissible in evidence? Unit 5 - Magisterial Powers What do you understand by taking cognizance of an offence? Explain the procedure that is adopted in taking cognizance or dismissal of complaint? What are the powers of a magistrate regarding taking cognizance? Explain the circumstances under which a magistrate is empowered to remove public nuisance according to criminal procedure code. What provisions have been made for the police to take preventive actions?

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Criminal Procedure Code Cr P C

Written by Hanumant's Law Journal Tuesday, 08 September 2009 01:43 - Last Updated Saturday, 12 September 2009 11:21

Unit 11 - Judgment What are the essentials of a Judgment? What is the mode of its delivery (Sec 353, 362, 363)? Can a criminal court alter or revise its own judgement after it is signed? What are the post conviction options in lieu of punishment - emerging penal policy (Sec 360, 361, 31)? Compensation and Cost (Sec 357, 358).

Unit 12 - Appeal, Review, and Revision

What do you mean by appeal, revision, and review? Does a criminal court have jurisdiction to review its judgment without provision? Discuss the powers of the appellate court under CrPC. Explain the procedure of appeal against the judgment of session court in High Court. In what cases, an appeal cannot be made? State the powers of the Govt. regarding suspension, remission, and commutation of sentences.

General What do you understand by Summary trial? How is it different from Ordinary trial? Can a court convert a Summon case into a warrant case? Explain. Explain the procedure that is adopted for the trial of a Summon case and a Warrant case. Explain the procedure prescribed for trial of an offence before the court of sessions. Explain the irregularities which vitiate proceedings.

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