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 Criminal Procedure Code KSLU Notes Grand Final
 Criminal Procedure Code KSLU Notes Grand Final
 Criminal Law - II (Karnataka State Law University)
 Criminal Law - II (Karnataka State Law University)
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 CRIMINAL 
PROCEDURE CODE 
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW 
UNIVERSITY  
MOST IMPORTANT PREVIOUS YEAR QUESTIONS 
ALONG WITH ANSWERS 
By 
ANIL KUMAR K T 
Mob: 9584416446 
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Karnataka State law university 3 & 5 Years LLB. 
Criminal Procedure Code 
ANIL KUMAR K T LLB COACH 
Most important questions  
1. What is complaint? Explain the procedure to be followed magistrate 
receiving a complaint? 
2. Explain the procedure of trial before the court of session? 
3. Write a note on First information report. 
4. Write a note on Rights of arrested person. 
5. Explain the provisions relating to proclamation and attachment of 
property of person absconding. 
6. For every distinct offence there is a separate charge and separate trial 
discuss. 
7. When can the court tender pardon to an accused under Cr.P.C? Can it be 
revoked? 
8. Explain the provisions of Cr.P.C relating to security for keeping good 
behavior and peace. 
9. JMFC court convicts Ramesh on his plea of guilty. Now Ramesh desires 
to appeal against the conviction. Decide. 
10. Explain the provisions of Cr.P.C relating to the transfer of criminal cases. 
11. Explain the provisions relating to compounding of offences. 
12. Write a note on Irregular proceedings. 
13. Write a note on disposal of property. 
14. Explain the powers and duties of probation officers. 
15. Explain the constitution and powers of Juvenile justice board. 
16. Procedure in case of offender failing to observe the conditions of bond. 
17.  Write a note on Bail of juvenile in conflict with law. 
18. Examine the procedure of recording first information report. Discuss the 
evidentiary value of FIR and the effect of delay in lodging the FIR. 
19. Explain the procedure regarding the granting of bail in cases of bailable 
and nonbailable offences. 
20. What is charge? State the consequence of alteration of charge? 
21. Discuss the power of court to release the offenders after admonition 
and on probation of good conduct. 
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 22. What is arrest? State the circumstances under which a person can be 
arrested without warrant? 
23. Write a note on summary trial. 
24. Explain constitution and powers child welfare committee. 
25. Explain the circumstances under which a police officer may arrest a 
person without warrant and state the circumstances in which a private 
person can arrest. 
26. Explain investigation, inquiry, trial and inquest. 
27. What is taking cognizance of offence? Whether is it obligatory? Discuss 
limitations on the powers of court to take cognizance of offence. 
28. Define the term charge. For every distinct offence there is a separate 
charge and separate trial discuss. 
29. Explain the process to compel the production of things before the 
criminal courts under Cr.P.C. 
30. Who are probation officers? Explain the duties of probation officers 
under the probation of offender’s act. 
31. Briefly discuss the release of offenders on probation or due to 
admonition? 
32. Explain the law relating to maintenance of wives, children and parents.  
33. Write a note on juvenile welfare board. 
34. What do you mean by arrest? Who can arrest? Explain the rights of 
arrested person. 
35. Explain the procedure of trail before the court of sessions. 
36. Discuss the provisions of Cr.P.C relating to security for keeping peace 
and good behavior. 
37. Explain the provisions regarding the transfer of criminal cases as 
provided under the code of criminal procedure. 
38. Explain the types of appeals in criminal cases. 
39. Explain the schemes available for rehabilitation and social reintegration 
of children under Juvenile justice ( care and protection of children) act 
2000. 
40. Write a note on judgement. 
41. Explain the procedures to be followed for the trial warrant cases by 
magistrates. 
42. Discuss the procedure to be followed by criminal courts in compelling 
the appearances of persons. 
43. Explain the provisions of Cr.P.C relating to reference and revision. 
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44. Discuss the provisions juvenile justice ( care and protection of children) 
act, 2000 in respect of the establishment and maintenance of 
observation home and special home. 
45. Write a note on Anticipatory bail and admonition. 
BY 
ANIL KUMAR K T LLB COACH 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 1.What is complaint? Explain the procedure to be followed magistrate 
receiving a complaint? 
INTRODUCTION 
The Code of Criminal Procedure, 1973 lays down the procedures for filing a 
complaint to the Magistrate. In a general sense, a complaint means a formal 
allegation against a party. Chapter XV of this code deals with Complaints to the 
Magistrates. Under Section 190(1), a Magistrate is empowered to take 
cognizance of any offence based upon: 
▪ Acquiring a complaint that describes the facts for such an offence, or 
▪ A police report stating such facts, or 
▪ Receiving the information from any other person excluding a police 
officer, or 
▪ His knowledge of the commission of such an offence. Here, no 
complaint is required. 
But one question comes to our mind that what is the meaning of the term “to 
take cognizance of an offence”? The meaning of this term is “to take notice or 
get aware about the alleged commission of an offence”. Before determining 
whether an accused person is guilty of the offence or not, a Magistrate takes 
cognizance of that offence. Thus, taking cognizance of an offence is the sine qua 
non for trial. 
This article mainly deals with the complaints to the Magistrate. 
MEANING OF A COMPLAINT 
Section 2(d) of CrPC, 1973 defines a complaint as “it is an allegation made 
verbally or in written form before a Magistrate”. A complaint is made with the 
object that the Magistrate should take action under this Code against the person 
who has committed an offence. Here, this person can be known or unknown. 
There is no particular format for a complaint.[1] It contains allegations that 
some offences have been committed and ends with a prayer stating that the 
offender should be convicted properly. 
In general, any person can file a complaint. But, in case of offences relating to 
marriage, defamation and offences specified as per sections 195 to 197 of IPC, 
only the aggrieved party can file a complaint. The person who lodges a complaint 
is known as a ‘complainant’. A charge sheet submitted by the police can not be 
regarded as a ‘complaint’. A police report is deemed to be a ‘complaint’ only in 
the case where after investigation it reveals that the alleged offence is non
cognizable. 
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These are some necessary conditions for a complaint: 
▪ A non-cognizable offence must be committed. 
▪ There must be some allegation against a known or unknown person. 
▪ Such allegation must be in verbal or written form. 
▪ It must be made before a Magistrate. 
▪ It must be made with the object that the Magistrate should take 
action. 
EXAMINATION OF A COMPLAINANT 
As per Section 200, CrPC, a Magistrate, after taking cognizance of an offence, 
examines both the complainant as well as the witnesses on oath. The objectives 
of such examination are: 
1. To establish whether the case against the person (who is being 
accused in the complaint) is actual. 
2. To find out whether the complaint is reasonable or is lodged just for 
harassing the person by a false allegation. 
This section provides further that the facts obtained from such examination 
should be condensed to writing along with the signature of the complainant, the 
witnesses and the Magistrate. 
WHAT IF A MAGISTRATE IS NOT COMPETENT TO TAKE COGNIZANCE OF THE 
CASE 
As per Section 201, if a complaint is lodged before a Magistrate who has no 
jurisdiction to deal with the case, then he can do any one of the following things: 
1. Where the complaint is in written form, he is required to return it to 
the appropriate court for presentation along with approval for such 
effect. 
2. Where the complaint is not in written form, he should direct the 
complainant to the appropriate court. 
POSTPONEMENT OF ISSUE OF PROCESS 
As per Section 202 (1), a Magistrate may postpone an issue of process to compel 
the appearance of the person complained against or order the police officer to 
investigate for deciding whether there is a satisfactory reason for proceedings. 
Instead of ordering an investigation by the police, the Magistrate himself can 
also inquire into the case or order another person (whom the Magistrate thinks 
fit) to investigate. This can be done in the following conditions: 
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 ▪ On receiving a complaint for which the Magistrate has jurisdiction 
over the case, or 
▪ Where the Magistrate has transferred the case to another 
Magistrate as per Section 192, or 
▪ Where the accused is living in an area in which the Magistrate is not 
authorized to exercise his jurisdiction.  
This section further provides that the Magistrate can not order for an 
investigation in the following cases: 
▪ Where the offence is specially triable by the Sessions Court, or 
▪ Unless he has examined the complainant and the witnesses on oath 
as per Section 200. 
Section 200(2) provides that if a Magistrate finds that the offence is specially 
triable by the Sessions Court, then he can summon the complainant along with 
all the witnesses to take the evidence on oath. 
Section 202(3) limits the power of the person excluding a police officer 
investigating in that he is not permitted to take someone into custody without 
a warrant. 
DISMISSAL OF A COMPLAINT & ITS EFFECT 
Section 203 provides that after taking the statements of the complainants and 
all the witnesses, and the outcome of the investigation as per Section 202, into 
consideration if a Magistrate finds that there is no satisfactory reason for 
proceedings. Then he is authorized to dismiss the complaint by recording 
appropriate reasons for doing so. 
These are the effects of dismissal of a complaint: 
▪ Such dismissal does not permit the accused to compensate as per 
Section 250 of the code.  
▪ But he can act against the complainant for a false accusation under 
Section 211 of IPC.  
FILING OF THE SECOND COMPLAINT 
Here, the second complaint means a fresh complaint. 
The Supreme Court has observed that after the dismissal of the first complaint, 
a fresh complaint having the same facts is maintainable only under exceptional 
circumstances.  
CONCLUSION 
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A complaint is a mode by which a Magistrate takes cognizance of an offence. 
He examines the complainant as well as all the witnesses present as per 
Section section 200, CrPC. If a Magistrate has no jurisdiction over the case then 
he may transfer the case to the proper court under Section 201. He may 
postpone the issue of process under Section 202. 
As per Section 203, a Magistrate has the power to dismiss a complaint if he finds 
no reasonable grounds for further proceedings. In such an instance, the 
complainant has to file a fresh complaint again. 
2.Explain the procedure of trial before the court of session? 
The word ‘trial’ is undefined in the Criminal Procedure Code. The trial can be 
defined as a type of inquiry with the object to determine the guilt or innocence 
of the accused person. Warrant cases are triable either by the Court of Session 
or Magistrate, whereas the summon cases are triable only by a Magistrate. 
Please note that the Court of Session doesn’t take direct cognizance of the 
cases, but the cases are committed to the Court of Session under section 
209 of the Criminal Procedure Code by the Magistrate if it is exclusively triable 
by Session court. It is to be noted that Session Court tries those offences which 
are punishable with more than seven years, life imprisonment, or 
death. Section 199(2) of the Criminal Procedure Court provides with the 
exception that in case of defamation of high dignitary or public official, a 
written complaint can be filed by the public prosecutor, and the Court of 
Session can take direct cognizance here. 
Procedure for Regular Trial 
According to section 225 of the Criminal Procedure Code, the trial before the 
Court of Session will be conducted by the Public Prosecutor. 
• Section 226: Opening Case for the Prosecution 
• Section 227: Discharge 
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 • Section 228: Framing of Charges 
• Section 229: Conviction on Plea of Guilty 
• Section 230: Date for Prosecution Evidence 
• Section 231: Evidence for Prosecution 
• Section 232: Acquittal 
• Section 233: Entering Upon the Defence 
• Section 234: Arguments 
• Section 235: Judgement 
• Section 236: Previous Conviction 
Section 226: Opening Case for the Prosecution 
When the case is committed to the Session Court, and the accused appears 
before the Court of Session, the case will be opened for prosecution by the 
Public Prosecutor by describing the charge and stating the evidence. 
Section 227: Discharge 
Discharge is a mere suspension of the trial. After considering the evidence, if 
the judge considers there aren’t sufficient grounds for proceeding against the 
accused, he’ll discharge the accused after recording the reason. It will be a 
speaking order. According to section 319 of the Criminal Procedure Code, 
Session Court has the power to add any person against whom there appears 
sufficient evidence of his involvement in the case and direct him to be tried 
with other accused. 
Section 228: Framing of Charges 
When the case is not exclusively triable by the Session Court, the judge may or 
may not frame the charges and would transfer the case to the Chief Judicial 
Magistrate. 
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When the case is exclusively triable by the Session Court, the judge shall frame 
the charges. The charge then shall be read and explained to the accused. The 
accused shall then be asked if he pleads guilty or claims to be tried. 
Section 229: Conviction on Plea of Guilty 
It is the judge’s discretionary power. If the accused pleads guilty, his plea will 
be taken on record, and the judge, upon his discretion, shall convict the 
accused or fix the date for prosecution evidence under section 230 of the 
Criminal Procedure Code. 
Section 230: Date for Prosecution Evidence 
Suppose the accused claims to be tried or does not pleads or refuses to plead 
or is not convicted under section 229 of the Criminal Procedure Code. In that 
case, the date will be fixed for examination of the witness or issue of process 
to call a witness or for production of any object or thing. 
Section 231: Evidence for Prosecution 
On the date so fixed, the judge shall record the evidence. The judge, upon his 
discretion, shall postpone the cross-examination of the witness until other 
witnesses are examined or recall any other witness for cross-examination. 
Section 232: Acquittal 
The court can acquit the accused if there is no satisfactory or conclusive 
evidence that he committed any offence. 
Section 233: Entering Upon the Defence 
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 In case the accused is not acquitted, he shall enter upon his defence and 
adduce his evidence. He may file his written statement or application for issue 
of any process. But such application will not be accepted if it is with the intent 
to cause delay or vexatious in nature. 
Section 234: Arguments 
When the evidence from the defence is concluded, the prosecution shall sum 
up the case, and then the defence is entitled to reply. 
Section 235: Judgement 
After hearing the arguments, the judge shall deliver the judgement where he 
shall either acquit or convict the accused. If the accused is to be convicted, 
there shall be a hearing on the question of sentence. 
In Allauddin Mian vs State of Bihar, it was held that hearing on the question of 
sentence is mandatory. 
Section 236: Previous Conviction 
Where a previous conviction is charged under section 211(7) of the Criminal 
Procedure Code, and the accused refuses to admit it, the judge may, after 
conviction, take evidence regarding that previous conviction. 
3.Write a note on First information report. 
Introduction: 
An First Information Report (FIR) is a very important document as it sets 
the process of criminal justice in motion. It is only after the FIR is registered in 
the police station that the police take up investigation of the case. 
What is a FIR? 
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▪ First Information Report (FIR) is a written document prepared by 
the police when they receive information about the commission of 
a cognizable offence. 
▪ It is a report of information that reaches the police first in point of 
time and that is why it is called the First Information Report. 
▪ It is generally a complaint lodged with the police by the victim of a 
cognizable offence or by someone on his/her behalf. Anyone can 
report the commission of a cognizable offence either orally or in 
writing. 
▪ The term FIR is not defined in the Indian Penal Code (IPC), Code of 
Criminal Procedure (CrPC), 1973, or in any other law. 
o However, in police regulations or rules, information 
recorded under Section 154 of CrPC is known as First 
Information Report (FIR). 
▪ There are three important elements of an FIR: 
o The information must relate to the commission of a 
cognizable offence, 
o It should be given in writing or orally to the head of the 
police station, 
o It must be written down and signed by the 
informant, and its key points should be recorded in a 
daily diary. 
What happens after an FIR is filed? 
▪ The police will investigate the case and will collect evidence in the 
form of statements of witnesses or other scientific materials. 
o They can arrest the alleged persons as per law. 
▪ If there is sufficient evidence to corroborate the allegations of the 
complainant, then a charge sheet will be filed. Or else, a Final 
Report mentioning that no evidence was found will be filed in court. 
▪ If it is found that no offence has been committed, a cancellation 
report will be filed. 
▪ If no trace of the accused persons is found, an ‘untraced’ report will 
be filed. 
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 ▪ However, if the court does not agree with the investigation report, 
it can order further investigation. 
What if the police refuse to register an FIR? 
▪ Under Section 154(3) CrPC, if any person is aggrieved by the refusal 
on the part of the officer in charge of a police station to register an 
FIR, she can send the complaint to the Superintendent of 
Police/DCP concerned. 
o Who, if satisfied that such information discloses the 
commission of a cognizable offence, will either 
investigate the case, or direct an investigation by a 
subordinate police officer. 
▪ If no FIR is registered, the aggrieved persons can file a complaint 
under Section 156(3) CrPC before a concerned court which, if 
satisfied that a cognizable offence is made out from the complaint, 
will direct the police to register an FIR and conduct an investigation. 
4.Write a note on Rights of arrested person. 
1 - Right to know the grounds of arrest 
• Article- 22(1) of the Indian Constitution stipulates that no police official 
can arrest any individual without informing the accused the reason/ 
ground of his detainment/ arrest. 
• Section- 50 of the Code of Criminal Procedure (CrPC) says that every 
police official with authority to arrest someone without a warrant must 
inform the person getting arrested about the crime for which he is 
arrested and other relevant grounds for the arrest. This is the duty of the 
police official which he cannot refuse. 
• Section- 50Aof the CrPC makes it compulsory for the person/ police 
official arresting a person to inform of the arrest to any of his relatives or 
even friends, who may have interest in the same. 
• Section- 55of the CrPC states that in situations where a police official 
authorises his junior to arrest a person without a warrant, the junior 
official must notify the arrested person of the order of delegation that is 
given, which must also mention the crime and the grounds of arrest. 
• Section- 75of the CrPC states that the police official executing the 
warrant must notify the substance to the arrested person and furnish 
the warrant of the arrest when required. 
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2- Right to be produced before the Magistrate without unnecessary delay 
• Article- 22(2) of the Indian Constitution stipulates that the police official 
making an arrest must produce the arrested person before the 
Magistrate within 24 hours of the arrest and failing to do so would make 
him liable for wrongful detention. 
• Section- 55 of the CrPC states that in case a police official is making an 
arrest without a warrant, then he must produce the person arrested 
without any unnecessary delay before the Magistrate within 
the  jurisdiction or before a police officer in charge of the police station, 
depending upon the conditions of the arrest. 
• Section- 76 of the CrPC states that the arrested person must be 
produced in court within 24 hours of his arrest, the same can must 
exclude the time duration which is required for the journey from the 
place of arrest to the Magistrate Court. 
3- Right to be released on bail 
• Section- 50 (2) of CrPC provides that the arrested person has the right to 
get released on bail by making arrangement for the sureties  and 
informing his of his right when arrested without a warrant for an offence 
other than a non-cognizable offence. 
4- Right to a fair and just trial 
The legal provision regarding the right to a fair and just trial can be extracted 
from the Indian Constitution as well as a lot of Supreme court and High court 
judgments since no specified law has been stipulated in this regard. 
• Article- 14 of the Indian Constitution states that ”every individual is 
equal before the law” which means that all the sides in a legal dispute 
must be treated equally. 
 
The principle of natural justice must be considered in respect to both the 
parties. 
 
Similarly, a right to a speedy trial has also been upheld in “Huissainara 
Khatoon v/s Home Secretary, State of Bihar” where the court observed 
that, “the trial must be disposed of as diligently as possible”. 
5- Right to consult a Lawyer 
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 • Article- 22 (1) of the Indian Constitution provides that every arrested 
person has the right to choose and elect his own lawyer to defend him in 
the court of law for whatever crime he may/ may not have committed. 
• Section- 41D of the CrPC allows prisoners to be able to consult with their 
lawyers even during their interrogation. 
• Section- 303 of the CrPC allows every alleged convict/ criminal the right 
to be defended by a lawyer of his choice even if the criminal proceedings 
against him have already begun. 
6- Right to free legal aid 
• Article- 39A The government, in an effort towards securing justice, 
instituted Article- 39A to provide free legal aid to people in need. The 
same right was reaffirmed in the dispute of Khatri v/s Bihar, where the 
court held that, “the state must provide free legal aid to the poverty- 
stricken accused person”. The same right to free legal aid is provided at 
the first instance of production of the accused before the Magistrate in 
the court. 
7- Right to keep quiet 
The right to keep quiet does not have any mention in any Indian law, however, 
its authority can be derived from  the Constitution’s right against self
incrimination.. 
The right to stay silent is principally related to the statement and confession 
made by the accused person in the court. In addition to this, it is the 
responsibility of the magistrate to perceive if any statement or confession 
made by the accused person was voluntarily or was after the use of force and 
manipulation. Therefore, police or any other authority for that matter is not 
allowed to compel an accused person to speak anything in the court. 
8- Right to be examined by a Doctor 
Section- 54 of CrPC asserts that if an arrested person claims that medical 
examination of his body would lead to a detail which would dismiss the fact of 
commission of the crime by him, or some detail that might lead to evidence 
towards commission of the crime by some other person against his body, 
the  court has complete discretion to order for a medical examination of an 
accused person at his request and the same is granted by the court when 
satisfied that the request is not made to delay or defeat justice. 
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5.Explain the provisions relating to proclamation and attachment of property 
of person absconding. 
Where the summons for the attendance of the accused person is to be issued, 
but the court believes the accused may abscond or when the accused fails to 
appear before the court without any reasonable cause, a warrant of arrest is 
issued. 
Now, the warrant of arrest has been issued, and there is reason to believe that 
the accused has absconded or is hiding himself to avoid the execution of the 
warrant. The court may publish a written proclamation requiring the accused 
to appear before the court and may attach his property. 
If the accused fails to appear after the proclamation as well, the court may also 
attach the property of the accused, and the property will be at the State 
Government’s disposal. 
These provisions have been dealt with under sections 82 to 86 of the Criminal 
Procedure Code. 
When a Court May Publish a Written Proclamation? 
If any court has a reason to believe that any person against whom a warrant 
has been issued; 
1. has absconded, or 
2. is concealing himself 
Then a court may publish a written proclamation specifying the place and time 
(not less than 30 days from the date of such publication) for him to appear. 
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 Essentials of Proclamation 
According to the Criminal Procedure Code, these are the four essentials of 
proclamation: 
1. The proclamation shall be read publicly in the part of the town or 
village where such person resides; 
2. The written proclamation shall be affixed to some conspicuous (clearly 
visible) part of the house in which such person resides; 
3. A copy of such publication will also be affixed at the courthouse; 
4. If the court thinks fit, it may order to publish such publication in a daily 
newspaper circulating in the area where such person resides. 
Attachment of Property 
Anytime after the proclamation under section 82 of the Criminal Procedure 
Code, the court may order attachment of property, whether movable or 
immovable belonging to the proclaimed person. Reasons shall be recorded for 
such attachment. 
Attachment may be ordered simultaneously with proclamation if the court has 
a reason to believe that the person proclaimed is about to: 
1. dispose of the whole or any part of the property, 
2. remove the whole or part of the property from the local jurisdiction of 
the court. 
The property attached will be at the disposal of the State Government. 
Claims and Objections to Attached Property 
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Claims and objections can be made by the interested person other than the 
person proclaimed for the attached property within six months from the date 
of attachment. 
Such a claim or objection shall be inquired into and may be allowed or 
disallowed in whole or in part. 
Release, Sale and Restoration of Attached Property Under Section 85 of the 
Criminal Procedure Code 
As per section 85 of the CrPC, if the proclaimed person appears before the 
learned court within the time specified, his property shall be released. 
If the proclaimed person doesn’t appear within the time specified, the 
property comes at the disposal of the State Government. But it shall not be 
sold until; 
1. Six months expires from the date of attachment, and 
2. Any claim or objection is disposed of. 
Unless the property is perishable in nature or if the court considers that the 
sale would benefit the owner. 
If within two years of the date of attachment, the person whose property was 
at the disposal of State Government appears or is brought before the court. In 
this case, the property or the sale proceeds will be delivered to him if he 
satisfies the court that he did not abscond or conceal himself. 
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 According to section 86 of the Criminal Procedure Code, any person who is 
aggrieved by the refusal of delivery of property or sale proceeds may appeal to 
the court, to which appeal ordinarily lies from the sentences of the first
mentioned court. 
6.For every distinct offence there is a separate charge and separate trial 
discuss. 
Introduction: 
The charge is defined under Section 2(b) of the Code Of Criminal Procedure, 
1973. According to which, “charges means the head of the charge when there 
are more than one charges”. To put it in a more straightforward language, 
after the trial is initiated, the accused person is informed about the allegations 
which have been raised against him and the provisions of the Code under 
which he would be tried by the Court. The accusations put up against the 
accused are thus known as ‘Charges’ in the legal language. 
Essential provision related to framing of Charges 
• The general principle regarding charges as purported by Section 218 of 
the Code Of Criminal Procedure, 1973 is that every offence of which a 
particular has been accused shall come under a separate charge and 
each such charge shall be tried separately and distinctly. This means 
that each offence has to be treated as a separate entity and should be 
tried distinctively.  
• But, Section 218(2) carves out exceptions to Section 218(1). The 
provisions of Section 219, 220, 221 and Section 223, override the 
provisions as mentioned under Section 218 of the Code Of Criminal 
Procedure. This means that Section 219- 223 talks about the Joinder 
Of Charges.  
The exceptions to Section 218  
Exception 1  
Three offences which are of the same kind, committed within a year may be 
charged together: This section has been provided to avoid multiplicity of the 
proceedings when the offences are of the same kind. It contains two 
circumstances:  
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1. According to Section 219(1), if a person has been accused of three 
offences of the same kind then the person can be tried for all the 
offences together if they have been committed within a span of 
twelve months from the first to the last offence.  
2. Section 219(2) talks about the offences which are of the same kind, 
also punishable with the same quantum of punishment.  
Exception 2  
Offences which are committed in the course of the same transaction and tried 
together. It consists of the following:  
1. If a person has committed a series of acts, which are so intrinsically 
connected together that they form a single transaction, such series of 
offences shall be charged and tried together. The word ‘transaction’ 
has not been defined under the Code 
2. In case of offences of Criminal breach of trust or dishonest 
misappropriation of property and their companion offences of 
falsification of accounts. Many a time, the offences of criminal breach 
of trust or dishonest misappropriation of property are committed 
along with the offence such as falsification of accounts etc., the latter 
offence committed in order to fulfil the objective of the former 
offence. In such cases, Section 220(2) enables the Courts to try such 
offences together.  
3. If a single act falls under within different and separate definitions of 
offences, such different offences shall be tried together as mentioned 
under Section 220(3).  For e.g.: If a person X, wrongfully strikes a 
person Y with a cane, then X can either be charged with and tried 
separately of offences under Sections 352 and Sections 323 of 
the Indian Penal Code or may be tried and convicted together.  
Exception 3  
Section 221 provides for the cases wherein there is some doubt related to the 
circumstances and incidents which took place during the commission of the 
offence. According to this section, if the accused has committed a series of acts 
which lead to confusion regarding the facts should be proved, the accused 
might be charged with any or all of such offences or charged for alternative 
offences. In such cases, the accused is charged for one offence and during the 
stage of evidence, if it is proved that he has committed a different offence, he 
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 may be convicted for the same even though he was not charged with the 
same.  
Power of court to order separate trial in cases wherein joinder of charges or 
of offenders is permissible 
• The general rule in case of charges is that there shall be a separate 
charge for every distinct offence, which shall be tried separately. But, 
Sections 219, 220, 221 and Section 223 carve out the exceptions to this 
basic rule. In simpler words, a separate trial is a rule while a joint trial 
is its exception.  
• The provisions regarding the exceptions have only enabling nature, 
and it is at the discretion of the Courts whether or not to apply them 
to a particular case. In the case of Ranchhod Lal v. State of Madhya 
Pradesh AIR 1965 SC 1248, it was held that it is at the discretion of 
the court whether to apply Section 219, Section 220 and section 223 
of the Code Of Criminal Procedure, 1973 or resort to Section 
218. The accused has not been given this right to resort to joinder of 
charges.  
• The question regarding the misjoinder of charges and joint trial for 
distinct offences was answered by the Supreme Court in the case 
of Union Of India v. Ajeet Singh (2013) 4 SCC 186. It was held by the 
court that the principles underlying the provisions in the Code of 
Criminal Procedure, 1973 only act as a guiding principle.  
7.When can the court tender pardon to an accused under Cr.P.C? Can it be 
revoked? 
Scope and Object 
▪ S.306 deals with the subject of tender of pardon to an accomplice. 
▪ It is a helpful step when there is no clinching evidence against the 
accused and without tendering such pardon all the accused persons 
would walk scots free. 
▪ The power to grant pardon u/s. 306 is a substantive pardon and it rests 
on judicial discretion. 
▪ The Court has to proceed with great caution and on sufficient grounds 
recognizing the risk which the grant of pardon would result in, if the 
accomplice is let free. 
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▪ The disclosure of the person seeking pardon must be complete. 
▪ The offer of pardon shall be made to the one who is the least guilty 
among all the other accused. 
▪ If the evidence is otherwise unobtainable, and only the accomplice can 
provide for such evidence against the other accused, on account of 
secrecy of crime a paucity of evidence, it would be justified to tender 
pardon to the one who is least guilty. 
▪ To prevent the actual offenders from punishment for lack of evidence in 
grave offences. 
▪ Pardon is granted to sought when somebody claims that he has 
committed mistake. 
▪ An accused once granted pardon, is no more an accused he assist the 
Court and the prosecution to secure c 
Conditions – Pre-requisite 
It can come into effect when the following conditions are met: 
1. The offence charged must be punishable with imprisonment of seven 
years and upwards; or 
2. Triable exclusively by the Court of Sessions; or 
3. Triable by a Special Judge. 
Judicial Officer empowered to tender pardon 
The following judicial officers are entitled to exercise the power of pardon to 
the accomplice: 
1. Chief Judicial Magistrate; or 
2. Metropolitan Magistrate; or 
3. Judicial Magistrate of First Class 
The CJM and the Metropolitan Magistrate can tender pardon at any stage of 
investigation or inquiry or the trial 
However, the Judicial Magistrate of First Class can tender pardon at any stage 
of inquiry or trial but not at the stage of investigation. 
Duty of Magistrate to record reasons 
▪ The Magistrate who tenders the pardons must record reasons before 
doing the same. 
▪ The procedure u/s. 306(3)(a) & (b) provides for two things, mentioned as 
follows: 
▪ The reasons for tendering the pardon; or 
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 ▪ Whether or not the pardon was accepted by the accomplice. 
▪ If reasons are not recorded the orders of the Magistrate, will not be 
classified as speaking orders. 
▪ The whole order of the Magistrate can be quashed on the very ground 
that he has not recorded reasons for tendering pardon the accomplice. 
Who may apply for pardon 
▪ A person who is directly or indirectly concerned with the offence; or 
▪ A person who is privy to a certain type of offence. 
▪ It is not necessary that the person is a party to the offences. 
▪ The person applying for pardon may not be the actual culprit. 
▪ The provisions apply to persons summoned as accused and also to 
others who are not so summoned. 
Examination of Accomplice as Witness – S.306(4)(a) 
▪ Every person who accepts a tender of pardon u/s. 306 shall be examined 
as a witness in the Court of the Magistrate taking Cognizance. 
▪ However, in case the offence is exclusively triable by the Court of 
Sessions, the Magistrate shall forward the person to the respective 
Court and shall not carry out examination of the person accepting 
tender of pardon. 
Custody of the person accepting tender of pardon – S.304(4)(b) 
▪ Such person shall be detained in custody until the termination of trial. 
▪ The custody under the said section means judicial custody and not police 
custody. 
▪ The purpose of the same to ensure that the approver is protected from 
extraneous influence of the accused or any other person. 
▪ Such custody is aimed at protecting the approver who assists the Court 
in punishing the accused. 
Test to determine the Evidentiary Value 
▪ The evidence given by the approver has to satisfy dual tests. 
▪ One, he must show that he is a reliable witness. 
▪ Secondly, his evidence shall receive sufficient corroboration. 
▪ It is to be noted that if firstly the approver fails to prove that he is a 
reliable witness, then the question of corroboration of evidence does 
not arise at all. 
▪ In case both the above-mentioned contingencies are absent in the 
evidence of the accused, then his evidence cannot be relied upon. 
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It can be revoked under the following circumstances 
> There are chances that accomplice may swear falsely to shift the guilt from 
himself.  
> An accomplice is an immoral person as he is involved in the crime. 
> Accomplice only disclosing the fact in the greed and hope of getting a pardon 
from the punishment.  
8.Explain the provisions of Cr.P.C relating to security for keeping good 
behavior and peace. 
Introduction: 
An exhaustive and comprehensive procedure has been provided by the Code on 
the subject of Security covering various circumstances which the legislative 
wisdom could encompass at the time of enacting this law in its 21 provisions, 
divided into three parts.The following sections enumerate the provisions related 
to the topic: 
A) Section 106– Security for keeping the peace on conviction. 
B) Section 107– Security for keeping the peace in other cases. 
C) Section 108-Security for good behaviour from persons disseminating 
seditious matters. 
D) Section 109– Security for good behaviour from suspected persons. 
E) Section 110– Security for good behaviour from habitual offenders. 
In Madhu Limaye & Ors vs. Sub-divisional magistrate,Monghyr & Ors., the 
constitutional validity of chapter VIII was challenged and gist of the chapter that 
it is for prevention of crimes and prevention of public tranquillity and to curb 
breach of peace was held. 
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 A) Section 106: Security for keeping the Peace on Conviction : 
1. Section 106 of the Code of Criminal Procedure provides that a Court of 
sessions or a Magistrate of the First Class may, at the time of passing sentence 
on a person convicted of certain specified offences, order him to execute a 
bond for keeping the peace for any period not exceeding three years. It differs 
from Sections 107 to 110, as the order must be passed at the same time when 
there is a conviction and passing of a sentence. The court may order the bond 
to be executed with or without sureties. 
2. The offences in connection with which security can be taken under the 
section are:- 
a. Except an offence punishable under section 153 A or section 153 B or 
section 154,   any offence punishable under chapter VIII of the Indian Penal 
Code, 
b. Offences consisting of, or including assault or using criminal force or 
committing mischief; 
c. Offences of criminal intimidation 
d. Any other offence which caused or was intended or known to be likely to 
cause a breach of peace. 
3. In passing an order under section 106 of the Code of Criminal Procedure, it 
has to be seen, not whether the persons concerned did commit a breach of the 
peace, but whether they were convicted of an offence which necessarily 
involves a breach of the peace. 
4. Under section 106 evidence of past conduct is not legal evidence for an 
order. 
5. Section 106(3) provides, that, if the conviction is set aside on appeal or 
otherwise, the bond executed shall become void. Also, the Appellate Court 
can, while upholding the conviction for the specific offence, set aside the order 
for security passed against the accused. 
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6. Under sub-section (4), power is given to the appellant court and the High 
Court in revision to demand security under the section. 
(i) In prosecutions for any of the offences referred to in clauses (a), (b) and (c) 
above the need to move the trial Magistrates to bind over the accused 
concerned under Section 106 should be carefully examined and timely action 
taken in cases in which it is warranted. In respect of persons so bound over, 
rowdy sheets should be opened and their movements periodically checked and 
noted. Amongst other information, the names and addresses of the sureties 
should be mentioned in the sheets. 
ii) If during the term for which an accused is bound over under Section 106, 
breaks the peace, steps should promptly be taken against him and his sureties 
and the Court moved to forfeit their bonds. 
Section 107 OF Cr.P.C – Security for keeping the peace in other cases 
(1). An Executive Magistrate who is informed that any person is likely to commit 
a breach of the peace or disturb the public tranquillity, or to do any wrongful act 
that may probably occasion a breach of the peace or disturbance of the public 
tranquillity, may, under-Sub-Section (1) of Section 107 of the Code of Criminal 
Procedure require such person to show cause why he should not be ordered to 
execute a bond, with or without sureties, for keeping the peace for a period not 
exceeding one year. 
(2) (a) Section 107 is thus an effective means for preventing breaches of the 
peace or disturbances of public tranquillity in connection with religious 
processions, festivals, fairs, elections, political movements or other disputes 
between factions. It is not essential in every case that there should be two 
parties against each other. It must however, be clear that a breach of the peace 
is imminent, unless averted by proceedings under the section. 
(b) Before starting proceedings under this section, the Police should collect 
evidence, oral and documentary, of persons (including Police Officers) 
acquainted with the circumstances of the case, regarding: 
(i) The specific occasion on which the breach of the peace is anticipated; 
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 (ii) The existence of a cause, quarrel or other circumstances which is likely to 
lead to the breach and the period of its duration; 
(iii) The declaration of the parties indicating their determination to carry out, or 
to prevent, certain things in connection with the subject-matter of the quarrel; 
(iv) The strength and the following of the party or parties, and 
(v) Attempts made for conciliation with their results. 
(c) It is not necessary to record elaborate statements of witness, short notes 
being sufficient. However, the provisions of Section 162 of the Code of Criminal 
Procedure are not applied to any statements or notes made in connection with 
such an enquiry. In fact, the enquiry is not governed by any of the provisions of 
Chapter XII of the Code of Criminal Procedure. 
(3)Section 151 of the Code of Criminal Procedure empowers a Police Officer to 
arrest without warrant any person designing to commit a cognizable offence, if, 
in his opinion, the commission of the offence cannot otherwise be prevented. If, 
then, action under section 107 is contemplated against the arrested person, he 
may be produced before an Executive Magistrate for taking action. 
The Magistrate may, under Section 116 order the execution of an interim bond, 
with or without sureties, for keeping peace until the conclusion of the inquiry 
may detain him in custody until such bond is executed or, in default to execution, 
until the inquiry is concluded. 
The provisions of Chapter XXXIII of the Code of Criminal Procedure relating to 
bail do not apply to an order of detention passed under Sub-Section (4) of 
Section 107 Cr.P.C or Sub- Section (3) of Section 116 Cr.P.C. any person who has 
been arrested by the Police under section 151 of the Code of Criminal Procedure 
for the initiating of security proceedings or against whom security proceedings 
have already been started, is as a rule entitled to be released on bail under 
Section 436 Cr.P.C. But the proviso to Section 436 states that “nothing in this 
section shall be deemed to affect the provisions of Sub-Section (3) of Section 
116 Cr.P.C. These are, therefore special provisions which are not affected by 
Section 436, 437, 439 and 440 Cr.P.C. 
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Thus, superior courts interfere in the matter of release on bail with an order 
passed by a competent Magistrate acting under Sub-Section (4) of Section 107 
Cr.P.C. This, obviously, is a very useful provision for those entrusted with the 
task of maintaining law and order and may well be resorted to for the detention 
of person arrested under Section 151 Cr.P.C., if that is considered necessary for 
the public safety or in the interest of the public peace. 
Section 108 of CrPC Security for good behaviour from persons disseminating 
seditious matters: 
1) When any Executive Magistrate receives information that there is within his 
local jurisdiction any person who, within or without such jurisdiction.- 
(i) In any case either orally or in writing or in any other manner, intentionally 
disseminates or attempts to disseminate or abets the dissemination of.- 
(a) Any matter the publication of which is punishable under section 124A or 
section 153A or section 153B or section 295A of the Indian Penal Code ( 45 of 
1860 ), or 
(b) Any matter concerning a Judge who acts or purports to act in the discharge 
of his official duties which amounts to criminal intimidation or defamation under 
the Indian Penal Code. 
(ii) In any case is making, producing, publishing or keeping for sale, imports, 
exports, conveying, selling, letting to hire, distributing, publicly exhibiting or in 
any other manner is putting in circulation any obscene matter such as is referred 
to in section 292 of the Indian Penal Code ( 45 of 1860 ),  and the magistrate 
opines that there is sufficient ground for proceeding, then he may, in the 
manner provided, require such person to show cause why he should not be 
ordered to execute a bond, with or without sureties, with regard to his good 
behaviour for such period, not exceeding one year, as the Magistrate thinks fit. 
(2) It is to be kept in mind that under this section no proceeding shall take place 
against the editor, proprietor, printer or publisher of any publication which is 
registered under, and edited, printed and published in conformity with the rules 
laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with 
reference to any matter contained in such publication except by the order or 
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 under the authority of the State Government or some officer empowered by the 
State Government in this behalf. 
Section 109 of CrPC– Security for good behaviour from suspected persons: 
In cases where any Executive Magistrate receives information that within his 
local jurisdiction there is a person taking precautions to conceal his presence 
and that there are reasons to believe that it is being done by him with a view to 
committing a cognizable offence, the Magistrate, in such case may in the 
prescribed manner, may require such person to prove and show cause that why 
he should not be ordered to execute a bond, with or without sureties, for his 
good behaviour for such period, not exceeding one year, as the Magistrate 
thinks fit. 
Before a person can be proceeded against under Section 109 of the Code of 
Criminal Procedure, he must be found to be taking precautions to conceal his 
presence and there must be reason to believe that he is taking the precautions 
with a view to committing any offence. Merely because a person hid his face by 
means of a cloth when his presence was noticed by somebody going on the road 
at midnight, it cannot be said that he was taking precautions to conceal his 
presence. 
SECTION 110 OF CR.P.C. – Security for good behaviour from habitual offenders: 
Security cases under section 110 of the Code of Criminal Procedure against 
local habitual should be built up on details recorded in the Station Crime 
History as the result of careful watching by the Police. It should be very 
exceptional for a local criminal for whom a History Sheet has not been opened, 
to be put up under these sections. 
The section requires that the person proceeded against should be within the 
local limits of the Magistrate’s jurisdiction (Executive Magistrate) at the time 
when proceedings are taken against him. Otherwise, the Magistrate can not 
take action under this section. Temporary presence within the limits of the 
Magistrate’s jurisdiction is sufficient. But, then the presence must be at the 
time when the proceedings are initiated. 
(1) The object of this section also is preventive and not punitive, and action 
under it is not intended as a punishment for past offences. It is aimed at 
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protecting society from dangerous characters against the perpetration of crimes 
by placing them under such substantial but not excessive security as would 
prevent them from resorting to evil courses. 
(2). To sustain a charge under clause (a), the person proceeded against must be 
proved to be by habit a robber, house-breaker, thief or forger. The word “habit” 
implies a tendency or capacity resulting from the repetition of the same acts. 
 (3). To substantiate a charge under Clause (b), it must be proved that the person 
proceeded against is a habitual receiver of stolen property knowing the same to 
be stolen. 
(4). Clause (c) of section 110 Cr.P.C. is designed to meet the cases of persons 
who assist the thief after theft by harbouring him, protecting him from discovery 
and arrest, and helping him to dispose of his property. The acts, which amount 
to harbouring must be done with an intention of screening the offender from 
legal punishment or of preventing him from being apprehended. 
(5). Clause (d) of section 110 Cr.P.C. prescribes certain offences, the habitual 
commission or abetment of which, or the attempt to commit which, is ground 
for taking action under this section. 
9.JMFC court convicts Ramesh on his plea of guilty. Now Ramesh desires to 
appeal against the conviction. Decide. 
(Sec.251 to 253) 
When a summons case comes up before a Magistrate, the accused is brought 
before him. The particulars of the offence are informed to the accused by the 
Magistrate. The accused is asked whether the guilty or any defence to make. At 
this stage, it is not necessary to formal charge.  
Conviction on plea of guilty (Sec.252) 
 If the accused pleads guilty, there he is punished by the Magistrate after 
recording the reasons for such punishment.  
> Conviction on plea of guilty in absence of accused in petty cases (Sec.253) 
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 An appeal against conviction is available in cases where the accused 
person has pleaded not guilty, has had a trial in either the Supreme or District 
Courts and has been found guilty by a Jury or a Judge sitting above. An accused 
person ordinarily can only make one appeal against conviction.  
10.Explain the provisions of Cr.P.C relating to the transfer of criminal cases. 
The provisions related to the transfer of cases are given under Chapter XXXI, 
from sections 406 to 411 of the Criminal Procedure Code, 1973. 
• Types of Transfer under CrPC 
• Transfer of cases and appeals by the Supreme Court – Section 406 CrPC 
• Transfer of cases and appeals by the High Court – Section 407 CrPC 
• Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC 
Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC 
• Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC 
• Withdrawal of case by Executive Magistrates – Section 411 CrPC 
Transfer of cases and appeals by the Supreme Court – Section 406 CrPC 
The power to transfer the cases to Supreme Court is conferred under section 
406 of the Criminal Procedure Code. The section gives the Supreme Court the 
power to transfer cases or/and appeals from one High Court to another High 
Court. This power can be exercised by the Supreme Court whenever it seems 
necessary and reasonable for justice. 
However, the Supreme Court can only act under the application of the 
Attorney-General of India or the interested party (complainant, public 
prosecutor, accused, etc.). 
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Note: The Supreme Court does not have the power to withdraw a case from a 
Special Judge and transfer it to the High Court. 
Transfer of cases and appeals by the High Court – Section 407 CrPC 
The power to transfer the cases to the High Court is given under section 407 of 
the Criminal Procedure Code. The High Court can exercise this power under 
three conditions, when it is satisfied that: 
1. A fair and impartial trial cannot be held in any criminal court that is 
subordinate to it. 
2. Certain questions of law of unusual difficulty might arise. 
3. An order is required by any provision of the Code or for the general 
convenience of the parties or the witness involved or for the ends of the 
justice. 
The High Court can exercise this power on the report of the lower court or on 
the application of a party interested. This power can also be exercised on its 
own initiative by the High Court. However, the application for the transfer of a 
case from one criminal court to another criminal court in the same Session 
Division can be laid down before a High Court only if it has been previously 
made to the Sessions Judge and was rejected by him. 
Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC 
Section 408 of the Criminal Procedure Code provides the power to the Sessions 
Judge to transfer a case from one criminal court to another criminal court in 
his sessions division. Whenever it seems reasonable for the ends of the justice, 
the Sessions Judge can act as provided under this section. 
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 The Sessions Judge can exercise this power either on the instance of the report 
of the lower court or on the application of the party interested or on its own. 
Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC 
The Sessions Judge also has the power to withdraw a case or appeal which he 
has transferred to any Assistant Sessions Judge or Chief Magistrate 
subordinate to him. The provision related to this is given under section 409 of 
the Criminal Procedure Code. 
However, a Sessions Judge can act accordingly only before the trial of the case 
or hearing of the appeal has begun. There can be no withdrawal of a case once 
the trial or hearing has started in the transferee court. 
Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC 
Provisions related to the withdrawal of cases by Chief Judicial Magistrate is 
contained under section 410 of the Criminal Procedure Code. This section 
grants the power to the Chief Judicial Magistrate to withdraw any case from 
any Magistrate subordinate to him and recall any case he had previously 
transferred to any Magistrate subordinate to him. 
The Chief Judicial Magistrate also has the power to inquire or try such a case 
himself. Along with this, he can also refer such a case to any other Magistrate 
who is competent to inquire into and try the case. 
Withdrawal of case by Executive Magistrates – Section 411 CrPC 
The Executive Magistrates have the power to withdraw or recall any case 
under section 411 of the Criminal Procedure Code. The Executive Magistrate 
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under this section can withdraw any case which has been commenced before 
the court to any Magistrate that is subordinate to him for the disposal of the 
case. He is also authorized under this section to withdraw or recall any case he 
had previously transferred to any Magistrate subordinate to him as well as to 
dispose of such a case himself or refer it for disposal to any other Magistrate. 
11.Explain the provisions relating to compounding of offences. 
What are compoundable offences 
Compoundable offences are the offences which are discussed in Section 320 of 
the Code of Criminal Procedure (CrPC), 1973. These are such offences in which 
the aggrieved person (the person who filed the complaint, i.e., the 
complainant) decides to dismiss the allegations against the accused. These 
settlements, however, ought to be ‘in utmost good faith’ and should not be 
made for any compensation for which the plaintiff is not eligible. Compromise 
of a compoundable crime can be undertaken with the consent of the court or 
without consent. The plaintiff can request permission to compound the 
offence in the court in which the petition was originally filed. 
Compounding an offence indicates that the individual with whom the crime 
has been perpetrated has acquired some compensation from the accused, not 
exclusively of monetary nature, to avoid the litigation process. 
There are some crimes in which the parties concerned might reach a 
settlement when the proceedings of the court are going on and further 
proceedings in the court will be suspended. This is known as ‘compounding’. 
Compoundable offences are situations where a settlement would be 
acceptable. Hurt, wrongful restraint, assault, molestation, fraud, adultery, and 
other similar crimes are compoundable offences. 
Effect of compounding of offences 
According to Section 320(8) of the CrPC, the compounding of an offence under 
Section 320 of the CrPC has the effect of acquitting the accused with whom the 
offence was compounded. 
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 The result of compounding an offence is essentially the dismissal of the 
accusations made against the accused. It makes no difference whether the FIR 
was lodged or whether the trial had begun; as long as the offence was 
compounded with the court’s authorization, the offender is acquitted of all 
accusations. 
Compoundable offences under Criminal Law 
Section 320 of the CrPC talks about compoundable offences. This Section 
defines a series of Indian Penal Code (IPC),1860 crimes that can be 
compromised by the survivors of such crimes. A settlement reached by both 
parties in a matter is referred to as the ‘compounding of an offence’. As a 
result, certain IPC offences explicitly listed in Section 320 of the CrPC can be 
compounded by both parties. 
The High Court under Section 401 of the CrPC or a court of session 
under Section 399 of the CrPC acting in the performance of its revising power 
may permit any individual to settle any crime which he or she is eligible to 
compromise under Section 320 of the CrPC. 
Whenever an act is compoundable under Section 320 of the CrPC, then the 
abetment of this kind of activity or even an attempt to commit such an act (if 
such an attempt in itself constitutes a crime), or when the charged person is 
liable under Sections 34 or 149 of the Indian Penal Code, then it will also be 
compounded in the same way. 
12.Write a note on Irregular proceedings. 
Introduction 
First, understand the meaning of proceedings, It means to be a course of 
action or a series of actions that take place in a planned and control Manner. 
Definition of preceding in legal terms an activity that seeks to invoke the power 
of Tribunal to enforce the law and acquire a beneficial interest right or to 
enforce a remedy. 
According to the dictionary meaning in regular means something which is not 
even or is not in shapes the under the criminal law it aims to deliver Justice by 
punishing the guilty and provide remedies to the aggrieved person in 
implemented by the court and they are expected to reach the final decision or 
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conclusion without any irregularities but any situation arise in the court when 
irregularities are committed which can either be curable or incurable. 
The Criminal Court Crpc and numerous several provisions under 7 sections- 
Section 468 which deal with irregularities which do not vitiate proceeding, 
Section 461 irregularities which vitiate proceedings, Section 462 proceeding in 
the wrong place, Section 463 non-compliance with a provision of section 164 
of section 281, Section 464 effect of omission to frame or absence of or error 
in the charge, Section 465 handle the sentence when reversible because of 
error or omission or irregularity, Section 466 defect Hector error not to make 
attachment and lawful in this article we will discuss in detail all these sections 
which based on a regular proceedings state the consequence of it. 
Section 461 of Crpc deal with irregularities which vitiate process reading- 
If any magistrate not been empowered by law on this behalf does any of the 
following things should be done namely attach and sell property under section 
83 issue a search warrant for documents like a parcel or other things in the 
custody of a poster or Telegraph authority, Demand security to keep the 
peace, Demand security for good behaviour, Discharge a person lawfully 
bound to be of good behaviour, Cancel a bond to keep the peace, Make an 
order for maintenance make an order under section 133 as to a local nuisance 
prohibited under section 143 the petition on the continuance of public 
nuisance make an order under part C or part D of chapter X, Take cognizance 
of an offense under Class C of subsection 1 of section 190,  Trice and offender 
try summarily. passes a sentence and that section 325 on proceeding recorded 
by another magistrate decide and appeal called under section 397 for 
proceedings or lastly revise and order passed under section 446 is proceeding 
shall be void. 
13.Write a note on disposal of property. 
Introduction 
When dealing with a criminal case, the police comes across various articles 
which are then seized by it. These articles are of utmost significance and act as 
evidence. These are presented before the court and become an important 
element in a successful trial. The term property applies to all such documents or 
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 articles which are submitted before the court and marked as documentary 
exhibits or material objects. 
Once the trial ends, however, these articles or documents need to be disposed 
of. Chapter 34 of the Code of Criminal Procedure, 1973 (CrPC) deals with this 
disposal. This process of disposal is governed by Section 451 to 459 of the code. 
Chapter 34 of CrPC deals with disposal of 4 kinds of properties. This includes: 
• Properties or documents which have been used in committing an 
offence. 
• Properties or documents on which an offence has been committed. 
• Properties or documents which have been produced before the court. 
• Properties or documents which are in the custody of Police or Court. 
These properties can be categorised as: 
• Articles found when arresting a person; 
• Those found under suspicious circumstances with regards to the 
commission of a crime; 
• Those which have been allegedly stolen. 
How is the property disposed of? 
As per this chapter, the property can be disposed of by either destruction, 
confiscation or delivering or giving the property to a person claiming to be 
entitled to such property and thus restoring it to the dispossessed, selling it off 
etc. 
14.Explain the powers and duties of probation officers. 
Introduction 
The Probation of Offenders Act of 1958 builds on the premise that juvenile 
offenders should be stopped by counselling and rehabilitation rather than 
thrown into jail by being regular offenders. The probation officer focuses on 
the offender’s concern or desire, and tries to solve his concern and aims to 
make the offender a productive member of the community. Within the 
criminal justice system, the probation officer plays a critical or important role. 
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He is at the forefront of the rehabilitation of the prisoners, he helps confess 
and rehabilitates the prisoners as a decent citizen in society. 
Who is a Probation Officer 
A probation official is a court officer who regularly meets people sentenced to 
a supervised probation period. Generally, these people are perpetrators and 
lower-level criminals. The majority of the offenders placed on probation are 
first time offenders. Placing any one on probation is a way for the court to 
prevent offenders from incarceration. Many that are on probation live in our 
neighbourhoods, stay home, are working or participating in an educational 
program, and raise their children. The justice system’s objective is to have a 
person who is put on probation as a responsible member of society while 
retaining contact with his or her family and community support sources. Once 
on probation, a person may be ordered to engage in an evaluation of drug 
abuse or domestic violence to determine if treatment is necessary. Moreover, 
by doing Breathalyzer or urinalysis tests, people may need to assist in tracking 
sobriety. Another typical condition is for an individual to continue his/her 
education and/or work. 
Duties of Probation Officer 
Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details 
concerning the duties of probation officers that, subject to such conditions and 
limitations as may be imposed, a probation officer is expected to do: 
1. Investigate the circumstances or domestic environment of any person 
accused of an offence with the intention, in accordance with any 
direction of the Court, to help the Court to determine and report the 
most appropriately advised approach to his dealing with it; 
2. Supervising probationers and other persons under his supervision and 
seeking suitable employment where necessary; 
3. Counselling and supporting victims in the payment by the Court of 
penalties or costs; 
4. Advice and assist persons released pursuant to Section 4 in such 
situations and manner as may be prescribed; 
5. Perform the other duties prescribed as may be. 
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 A probation agent, as laid down in Section 14 of the Act, has main functions, 
such as investigation, supervision and guidance, counselling and professional 
control of criminal probation. As an inspiring, guiding and supporting 
probationer, this probation officer facilitates the rehabilitation of the criminal 
as a law-abiding member of society.  
Power of Probation Officer 
Probation is the most important or effective method of treatment. The 
probation officer can not function as a supervisor without the cooperation of 
the police. It is significant for the role of the police. Two organizations of the 
State are the trial officer and the police and the goals are largely identical. The 
entire outdoor rehab scheme will fail because the priorities and aims are 
different, as it is obvious that police will show a desire to support probation 
officers.  
The police have also played a key role in the rehabilitation and socialization of 
the institutions’ young criminals. It is believed that the public does not accept 
him when an individual is released from a domestic institution. Society would 
tolerate him: otherwise, he will engage again in anti-social activities and 
repetitive crimes. In this respect, it is the duty of the police officer to restore 
such persons to society and also to ensure that other agencies such as 
panchayat etc. are aware of their duty to help him to socialise and carry out his 
ordinary social work. In this situation, the probation officers must perform the 
same form of tasks, support the offender to recover and adjust the offenders 
to other members of society. 
15.Explain the constitution and powers of Juvenile justice board. 
Juvenile Justice Board 
The Juvenile Justice Board is an institutional body constituted under Section 4 of 
the JJ Act, 2015. According to the division of powers, the subject of 
administration of criminal justice has been included in the State List (List 
II, Schedule VII) of the Indian Constitution. Therefore, one or more than one 
Juvenile Justice Board(s) are established by the State Government for each 
district. The Board exercises its powers and discharges functions relating to the 
‘child in conflict with law’ as has been defined under Section 2(13) of this Act. 
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Composition of Bench under Juvenile Justice Act, 2015 
1. Metropolitan Magistrate or Judicial Magistrate First Class (Principal 
Magistrate herein) [not being Chief Metropolitan Magistrate or Chief Judicial 
Magistrate] -Experience Required: 3 years. 
2. Two social workers (one being a woman) -Experience Required: Active involvement for 7 years in health, education or 
welfare activities pertaining to children; OR  -A practising professional with a degree in child psychology, psychiatry, 
sociology or law.  
It was held by the Himachal Pradesh High Court in the case of State of 
Himachal Pradesh vs. Happy (2019 SCC OnLine HP 700) that judgment passed 
by a single member of the Juvenile Justice Board is void ab initio. In this case, 
the impugned order was passed by a single Magistrate, without fulfilling the 
criteria of the composition required for the functioning of the Juvenile Justice 
Board. Therefore, the order was set aside. 
Powers 
The Board constituted for any district shall have the power to deal exclusively 
with the proceedings under the Act: 
• In the area of jurisdiction of the Board, 
• In matters relating to children in conflict with the law. 
These powers may be exercised by the High Court or the Children’s Court, when 
proceedings under Section 19 come before them or in appeal, revision or 
otherwise. It was held in the case of Hasham Abbas Sayyad vs. Usman Abbas 
Sayyad (2007) 2 SCC 355 that an order passed by a magistrate beyond his 
jurisdiction would be considered void ab initio. 
When an alleged child in conflict with law is produced before the Board, it shall 
exercise its power to hold an inquiry according to the provisions of this Act and 
may pass orders as it deems fit under Section 17 and 18 of the JJ Act, 2015.  
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 The Board is also empowered to inquire into heinous offences under Section 
15 of the Act. Such preliminary assessment has to be disposed of within a period 
of 3 months from the date of first production of the child before the Board. 
In the case of Puneet S. vs. State of Karnataka (2019 SCC OnLine Kar 1835), the 
Karnataka High Court held that only the Juvenile Justice Board has the power to 
decide whether an offence committed by a juvenile is heinous or not. 
Functions 
Sr. 
No. Functions 
01 
Ensuring informed participation of the child & the parent or the guardian 
throughout the process 
02 
Ensuring protection of the child’s rights throughout the process of arresting the 
child, inquiry, aftercare and rehabilitation 
03 
Ensuring the availability of legal aid for the child through various legal services 
institutions 
04 
Providing a qualified interpreter or translator to the child if he/she fails to 
understand the language during the course of proceedings 
05 
Directing Probation Officer/Child Welfare Officer/Social Worker to undertake a 
social investigation into the case. Further, directing them to submit the report 
within 15 days from the date of the first production before the Board. 
06 
Adjudicating and disposing of cases pertaining to children in conflict with the law 
according to the process mentioned in Section 14 
07 
Transferring matters to the Committee in cases where the child is alleged to be in 
conflict with the law, but is stated to be in need of care and protection at any 
stage 
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08 
Disposing of the matter and passing a final order which should include an 
individual care plan for the child’s rehabilitation. This also includes follow-ups by 
officers or an NGO. 
09 Conducting inquiry for declaring that a certain person is fit for taking care of the 
child in conflict with the law 
10 
Conducting inspection every month of residential facilities for children in conflict 
with the law and recommending various measures for improvement in the quality 
of services provided 
11 Ordering the police for registration of FIR if any offence is committed against any 
child in conflict with the law 
12 Conducting a regular inspection of jails meant for adults, to check if any child is 
lodged in such jails  
13 Taking immediate measures for the transfer of a child found in jails for adults, to 
an observation home 
14 Any other function as may be prescribed to the Board 
16.Procedure in case of offender failing to observe the conditions of bond. 
(1) If the court which passes an order under section 4 in respect of an offender 
or any court which could have dealt with the offender in respect of his original 
offence has reason to believe, on the report of a probation officer or 
otherwise, that the offender has failed to observe any of the conditions of the 
bond or bonds entered into by him, it may issue a warrant for his arrest or 
may, if it thinks fit, issue a summons to him and his sureties, if any, requiring 
him or them to attend before it at such time as may be specified in the 
summons. 
 
(2) The court before which an offender is so brought or appears may either 
remand him to custody until the case is concluded or it may grant him bail, 
with or without surety, to appear on the date which it may fix for hearing. 
 
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 (3) If the court, after hearing the case, is satisfied that the offender has failed 
to observe any of the conditions of the bond or bonds entered into by him, it 
may forthwith— 
(a) sentence him for the original offence; or 
(b) where the failure is for the first time, then, without prejudice to the 
continuance in force of the bond, impose upon him a penalty not exceeding 
fifty rupees. 
(4) If a penalty imposed under clause (b) of sub-section (3) is not paid within 
such period as the court may fix, the court may sentence the offender for the 
original offence. 
As per Section 9 of the Act, if the Court after hearing the case finds that the 
offender failed to observe the conditions in the bond, it may either sentence 
him for the original offence or may impose penalty where the failure is for first 
time. 
In the case of Ishar Das Vs. State Of Punjab[1] the Court opined that the non
obstante clause in Section 4 of the Act will override and prevail over any other 
laws, provided that all conditions specified in the Section are met. In the given 
case, the Court released a person below 21 years of age on probation of good 
conduct who was charged under the provisions of Prevention of Food 
Adulteration Act. 
The Court also observed that “As the object of Probation of Offenders Act is to 
avoid imprisonment of the person covered by the provisions of that Act, the 
said object cannot be set at naught by imposing a sentence of fine which 
would necessarily entail imprisonment in case there is a default in payment 
of fine.” 
In the case of Arvind Mohan Sinha Vs. Amulya Kumar Biswas[2] , the Court 
declined to accept the contention that the provisions of Probation of Offenders 
Act have no application to offences relating to the Customs Act or the “Gold 
Control” Rules contained in Part XII-A of the Defence of India Rules, 1962. 
17.Write a note on Bail of juvenile in conflict with law. 
Bail to a person who is apparently child alleged to be in conflict with the law 
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Section 12 of the Juvenile Justice (Child Protection and Care) Act talks about the 
bail to a person who is apparently a child alleged to be in conflict with the law. 
The provision states that the juvenile who has committed a bailable or non
bailable offense can be released on bail with or without surety. However, the 
juvenile cannot be released if there are reasonable grounds that would bring the 
child in association with any of the known criminals or expose him to any moral, 
physical or psychological danger or his release would defeat the ends of justice.  
The Hon’ble Supreme Court of India in the Judgement of Om Prakash v. State of 
Rajasthan observed that the Juvenile Justice act was incorporated with the 
laudable object of holding separate trials for children/ juvenile as they are 
pushed by the force of circumstance and not by choice. However, if the juvenile 
is involved in the commission of “heinous nature” like the rape or murder, 
providing bail to the juvenile would defeat the purpose of ends of justice as 
mentioned under Section 12 of the act. 
18.Examine the procedure of recording first information report. Discuss the 
evidentiary value of FIR and the effect of delay in lodging the FIR. 
According to section 154 crpc, the informant can intimate the officer in charge 
of police station about commission of cognisable offence. He must give such an 
information with the intention to lodge FIR. The procedure for recording 
FIR under section 154 crpc is very simple. Informant can furnish the 
information either orally or in writing. 
Step by step procedure for recording of FIR 
• When the police officer receives oral information he shall reduce it into 
writing. 
• In case of written information the police will record it under section 154 
crpc 
• Police officer shall read over the information to the informant or 
complainant 
• The police officer shall take signature or thumb impression of the 
informant 
• Thereafter, the police will record the substance of information in General 
Diary (GD) 
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 • Police officer will give a copy of FIR to the informant at free of cost 
Evidentiary Value of FIR 
The evidentiary value of FIR is very important than any other statements during 
the process of cognizance of any offense or at the time of initiating the 
investigation about information recorded as per Section 154 or 155 of CrPC. But 
at the same time the established principle of law that FIR cannot be assumed as 
a substantive piece of evidence and can only be considered as an important 
piece of evidence. The reason for which the FIR is regarded as an important piece 
of evidence is- because of its nature that it is the first information of the 
cognizance of any offence, and it can be of very important nature as it will help 
in the initiation of investigation about the offences. 
FIR stands for First Information Report and is dealt with under Section 154 of 
the Code of Criminal Procedure, 1973 (hereinafter, “CrPC”). It simply means any 
information given by a person (this can be anyone including the victim, third 
party, etc.) to a police officer on duty regarding the commission of an alleged 
cognizable offense. Based on this FIR, the police initiates the investigation and 
further submits a charge sheet under Section 173, CrPC. 
The FIR holds prime importance in any criminal case and has various aspects 
associated with it. However, for this article, only the evidentiary value of FIR is 
taken into consideration. FIR finds its mention in CrPC, but to find its evidentiary 
value, the Indian Evidence Act (hereinafter, “IEA”) is relevant. A culmination of 
both these statutes helps the court to finally determine the guilt or the 
innocence of the accused. 
The evidentiary value of FIR has two aspects, i.e., substantial and procedural 
aspects. The earlier aspect deals mainly with relevant facts, with regards to 
which Sections 6, 8, 21, 27, and 32 of IEA will be pertinent for discussion. The 
latter aspect is mainly for the purpose of corroboration, contradiction, etc. Here, 
Sections 145, 157, 159, and 160 of IEA will come into play. This above list of 
sections is not exhaustive, and there can be various dimensions associated with 
FIR. Nevertheless, for this article, only the above-mentioned sections will be 
dealt with, as these cover up most of the evidentiary value of FIR. 
DELAY IN LODGING OF FIR 
There can be instances when the incident took place on one day, but the FIR for 
the same was given after a considerable gap of time. In such a case, what would 
be the evidentiary value of a delayed FIR? The person who has filed FIR must
have information on that incident and thereafter,  should have delayed filing FIR. 
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The element of knowledge plays an essential role here. ,  Where there is no 
knowledge about the incident,  delay in lodging FIR owing to the same is 
justified. Delay in lodging FIR here means despite having the awareness about 
the incident, the witness chose not to inform it to police. There may be 
numerous reasons for not informing the police. What matters, however, is 
whether the delay is explainable or unexplainable. Thus, will unexplained delay 
in lodging the FIR affect the merit of the case? 
 
In Lalita Kumari vs. Govt. of UP and Ors.[4], the Supreme Court has stressed the 
fact that FIR has to be lodged as soon as possible. Any delay in FIR would result 
in embellishment which is a creature of an afterthought. Due to this delay in 
lodging of FIR, the case is denied of the benefit of spontaneity, and there is a 
high risk of exaggerated facts or concocted story which is the end-result of 
deliberation and consultation with others. Hence, it should be made at the 
earliest possible time, to protect the evidentiary value of FIR. 
 
Delay in lodging of FIR will not intrinsically affect the merit of the case, as it is a 
curable irregularity. However, the court will become suspicious of the incident, 
along with the informant. That informant of FIR later has to appear as a witness 
in court, and there the prosecution can use the FIR for corroboration. If the court 
finds the delay to be undue, and not reasonably explained, the evidentiary value 
of the informant’s testimony gets reduced. Nevertheless, if there are other 
cogent evidence regarding the incident, then it can lead to an ultimate 
conviction. But, if the testimony of the witness was pivotal evidence, and it 
becomes weak due to delay, then the accused in such cases can be given the 
benefit of doubt and ultimately acquitted. 
 
19.Explain the procedure regarding the granting of bail in cases of bailable 
and nonbailable offences. 
Introduction 
Article 21 of the Constitution of India guarantees the protection of life and 
personal liberty to all persons. It guarantees the fundamental right to live with 
human dignity and personal liberty, which in turn gives us the right to ask for 
bail when arrested by any law enforcement authority. 
Bail Provisions Under CrPC 
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 The term ‘bail‘ is nowhere defined in the Criminal Procedure Code, 1973. 
However, bail provisions have been defined in CrPC under sections 436-450. 
The first schedule of CrPC also defines which offences are bailable and which 
are not. Generally, non-bailable offences are more heinous crimes. 
Bail in Bailable Offence 
Section 436 of CrPC deals with provisions for bail in bailable offences. This 
provision is mandatory in nature, and the police or the court has no discretion 
over it. 
Case Law: Vaman Narayan Ghiya vs the State of Rajasthan: The apex court has 
held that no jurisdiction lies to any court while granting bail under section 436 
CrPC except asking for security. 
Bail in Non-Bailable Offence 
Section 437 of CrPC deals with provisions for bails regarding non-bailable 
offences. It is based purely on the discretion of the court (other than the High 
Court and Sessions court). 
Case Law: Kalyan Chandra Sarkar vs Rajesh Ranjan: The apex court observed 
that the detention of the accused in non-bailable offences could not be 
questioned as being violative of Article 21 of the Constitution. 
Stages or Types of Bail 
1. Anticipatory Bail 
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Anticipatory bail is filed before the arrest is made. In other terms, it is also 
known as pre-arrest bail. The accused apprehending arrest can approach the 
High Court of the concerned state for anticipatory bail application 
under section 438 of CrPC. Anticipatory bail is frequently in the news, and 
politicians, prominent personalities, journalists, etc., often use this. 
2. Bail on Arrest 
This is filed after the arrest of the accused person. Under Section 437 of CrPC, 
the arrested person can approach the court for bail. 
3. Bail for Convict 
This is filed post-conviction by the court, and an appeal lies against the same. 
When the accused has been convicted by the court and has preferred an 
appeal, the accused can apply to the appellant court for bail. 
4. Default Bail 
When the charge-sheet is not filed in the court within the prescribed time 
period or in other words, the investigation remained incomplete within the 
stipulated time period; the accused is entitled to default bail. 
5. Interim Bail 
Lal Kamlendra Pratap Singh vs State of U.P. and Ors. (2009): Interim bail is 
nowhere defined in CrPC. The concept of interim bail was started by the 
Hon’ble Supreme Court in 2009, stating that interim bail be granted pending 
disposal of bail application because arrest and detention of a person may 
cause irreparable loss. 
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 Rukmani Mahato vs the State of Jharkhand (2017): Here, the misuse of interim 
bail came to the Supreme Court’s notice. The apex court had expressed 
extreme displeasure over granting regular bail based on the pre-arrest/interim 
bail of the superior court. The apex court held: 
Even if the superior court dismisses the anticipatory bail plea after further 
examination, the normal bail granted by the subordinate court will continue to 
hold the field, rendering the superior court’s final denial of the pre-arrest bail 
useless. 
Here are six conditions of bail in the Criminal Procedure Code. 
1. Bail in Case of Bailable Offence – Section 436 
Bail in bailable cases is a matter of right. Section 436 of CrPC deals with bail in 
bailable cases. This section empowers the court as well as the police to grant 
bail. Any accused arrested for committing a bailable offence and is willing to 
provide bail must be released with or without sureties. Provided where 
such person is indigent and is unable to provide surety, such person shall be 
discharged executing a bond without sureties. 
2. Bail in Case of Non-Bailable Offence – Section 437 
Bail in non-bailable cases is a privilege. Bail under section 437 of CrPC is 
granted at the court’s discretion. A person shall not be released on bail if: 
(i) the person is guilty of an offence punishable with death or imprisonment of 
life; 
(ii) the offence is a cognisable offence; 
(iii) the person has been previously convicted of an offence punishable with 
death or imprisonment of life; 
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(iv) the person has been convicted twice or more in the past for a cognisable 
offence punishable with imprisonment for three years or more but not less 
than seven years. 
3. Anticipatory Bail – Section 438 
It is the pre-arrest bail. Any person who apprehends his/her arrest regarding a 
non-bailable offence can apply for anticipatory bail. Anticipatory bail has not 
been defined anywhere in the code. 
In ‘Balchand Jain vs State of MP‘, the Supreme Court specified anticipatory bail 
as bail in anticipation of arrest. 
In ‘Siddharam Satlingappa Mhetre vs State of Maharastra‘, the Supreme Court 
emphasised that anticipatory bail is a device to secure the individual’s liberty 
and neither a passport for the commission of crime nor a shield against any 
kinds of accusations likely or unlikely. 
4. Bail in Default: Bail Granted by Default Due to Non-Completion of 
Investigation – Section 167(2) 
When the investigation is not completed within 24 hours, the judicial 
magistrate is empowered to authorise the custody of the accused 
under section 167 of the code. 
A person who is detained for committing an offence and is undergoing 
investigation are eligible for bail; 
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 (i) After 90 days when investigation relates to an offence punishable with 
death or imprisonment for not less than ten years 
(ii) After 60 days, if the investigation is related to any other offence 
If the investigating authority fails to file a charge sheet. 
5. Interim Bail 
The bail granted to a person when the main bail application is yet to be 
disposed of and may consume a longer time to decide. It was recently 
granted to comedian Munawar Faruqui as the procedure laid down under law 
for arrest was not followed. 
6. Bail After Conviction – Section 389 
A convicted person can get bail from the appellate court after filing the 
criminal appeal under section 389(1) and (2) of CrPC. 
20.What is charge? State the consequence of alteration of charge? 
Charge 
In simple terms, charge means informing the accused person of the grounds on 
which the accused is charged. A charge is defined under Section 2(b) of the 
Criminal Procedure Code, 1973 which states, the charge includes any head of 
the charge when the charge contains more than one head. The case of V.C 
Shukla v. State (1980) explains the purpose of framing charge is to give 
intimation to the accused, which is drawn up according to the specific language 
of the law, and giving clear and unambiguous or precise notice of the nature of 
the accusation that the accused is called upon to meet in the course of a trial. 
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Form and content of a charge 
Section 211 of Cr.PC constitutes essentials elements of the contents of the 
charge: 
1. The charge form shall state the offence for which the accused is 
charged. 
2. The charge form shall specify the exact offence name for which the 
accused is charged. 
3. In case there is no specific name given under any law for the offence 
which the accused is charged with, then the definition of the offence 
must be clearly stated in the charged form and informed to the 
accused. 
4. The law and provisions of the law to be mentioned in the charge 
form. 
5. The charge shall be written in the language of the court. 
6. The accused shall be informed about his previous allegations which 
would expose him to enhanced punishments if found guilty for the 
offence charged. 
In the case of Court in its motion v Shankroo (1982), the court held that mere 
mentioning of the Section under which the accused is charged, without 
mentioning the substance of the charge amounts to a serious breach of 
procedure. 
In Dal Chand v State (1981), the court held that defect in charge vitiates the 
conviction. 
Alteration of charge and the procedure to follow such alteration 
Section 216 of Cr.PC explains that courts shall have the power to alter or add 
to charge at any time before the judgment is pronounced. 
The trial court or the appellate court may either alter or add to the charge 
provided the only condition is: 
• Accused has not faced charges for a new offence. 
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 • Accused must have been given the opportunity of meeting and 
defending the charge against him. 
After such alteration or any addition made to the charge, the charge shall be 
explained to the accused as to enable him to prepare to meet the fresh 
challenges. 
If the court concludes that the alteration or addition of the charge is likely to 
be prejudiced to the accused or the prosecutor then the court may proceed 
with the original trial or adjourn it. The case shall not move forward unless the 
sanction is obtained in respect of the facts constituting the offence. 
21.Discuss the power of court to release the offenders after admonition and 
on probation of good conduct. 
Admonition 
Section 3 of the Probation of the Offenders Act,1958 deals with the power of 
court to release the offender after admonition. An Admonition, in literal terms, 
means a firm warning or reprimand. Section 3 says how the offender is benefited 
on the basis of admonition after satisfying the following conditions:  
• When any person is found guilty of committing an offence 
under Section 
379 or Section 
380 or Section 
381 or Section 
404 or Section 420 of the Indian Penal Code,1860 or any offence 
punishable with imprisonment for not more than two years, or with 
fine, or with both, under the Indian Penal Code, or any other law 
• An offender should not previously be convicted for the same offence. 
• The Court considers the nature of the offence and the character of the 
offender.  
• The Court may release the offender on probation of good conduct 
applying Section 4 of the Act, instead of sentencing him.and, 
• The Court may release the offender after due admonition, instead of 
sentencing him. 
Case laws 
1. Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC 291 – In 
this case, the appellant was an employee of the Railways at the Paldhi 
Railway Station. He abetted the execution of a charcoal theft crime 
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committed by Bhikan Murad in the case before the Special Judicial 
Magistrate First Class (Railways), Bhusawal, on the charges of charcoal 
stealing. The learned Magistrate acquitted the appellant of that crime, 
and the State Government filed an appeal before the Bombay High 
Court against the acquittal judgment passed by the learned Magistrate. 
He was charged with a fine of Rs. 500 and in default of payment, 
rigorous imprisonment for two months. The subject matter of theft 
was a quantity of coal valued at Rs. 8. The Supreme Court held that in 
case of minor thefts, the High Court should extend the benefit of 
Section 3 or Section 4 of the Probation of Offenders Act,1958 or Section 
360 of the Code of Criminal Procedure,1973 rather than imposing fines. 
2. Basikesan v. The State of Orissa, AIR 1967 Ori 4 – In this case, a 20-year
old was found guilty of an offence under Section 380 of the Indian 
Penal Code,1860. It was held that the youth had committed the offence 
not deliberately and so the case must be applied for Section 3 of the 
Probation Act and be released after admonition.  
3. Ahmed v. The State of Rajasthan, AIR 1967 Raj 190 – In this case, the 
court said that the benefit of the Probation of the Offenders Act does 
not extend to anyone who has indulged in any activity that resulted in 
an explosive situation leading to communal tension.  
Probation on good conduct  
Section 4 of the Probation of the Offenders Act,1958 talks about the release of 
the offender on the basis of good conduct. It is a very important Section of the 
Act. The important points that must be remembered for the application of this 
Section are:  
• Section 4 of the Act is not applicable if the offender is found guilty of 
an offence with death or imprisonment for life. 
• The Court has to consider the circumstances of the case including the 
nature of the offence and the character of the offender. 
• The court may pass a supervision order to release the offender on 
probation of good conduct. The supervisory period is not to be shorter 
than one year. The probation officer must supervise the individual for 
such a span in such a situation. In the supervisory order, the name of 
the probation officer should be listed. 
• The Court can direct the offender to execute a bond, with or without 
sureties, to appear and receive sentence when called upon during such 
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 period which should not exceed a period of three years. The court may 
release the offender on good behaviour. 
•  The Court may put appropriate conditions in the supervision order and 
the court making a supervision order explain to the offender the terms 
and conditions of the order. Such supervision order should forthwith 
be furnished to the offender. 
• Probation officer’s report is not compulsory to enforce this rule, but if 
the information is required on record, the Court shall take into account 
the probation officer’s information before granting a probation order 
for good behaviour. 
Case laws 
1. Smt. Devki v. The State of Haryana, AIR 1979 SC 1948 – In this case, it 
was observed that Section 4 would not be extended to the abominable 
culprit who was found guilty of abducting a teenage girl and forcing her 
to sexual submission with a commercial motive.  
2. Dalbir Singh v. The State of Haryana, AIR 2000 SC 1677 – In this case, 
the court took the opinion that it is appropriate for the defendant to 
be placed on probation for his good conduct, given that the facts of the 
situation are needed to be taken into account. One of the 
circumstances informing the aforementioned opinion which cannot be 
omitted is “the essence of the offence.” Thus, Section 4 can be 
redressed where the court recognizes the circumstances of the 
situation, in particular the “character of the crime,” when the court 
decides whether it is reasonable and necessary for the execution of a 
defined reason that the defendant should be released on the grounds 
of good conduct. 
3. Phul Singh v. the State of Haryana, AIR 1980 SC 249 – In this case, the 
court held that the provision of Section 4 should not be mistaken and 
applied easily in undeserving cases where a person in early twenties 
commits rape. The court, thus, refused the application of probation on 
such heinous nature of crime and convicted the person. 
22.What is arrest? State the circumstances under which a person can be 
arrested without warrant? 
Introduction: 
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We use the term ‘arrest’ quite often in our day to day business. Normally we see 
a person who does or has done something against the law to be arrested. The 
term arrest can be defined as, “a seizure or forcible restraint, an exercise of 
power to deprive a person of his or her liberty”. In the criminal arrest of a person 
is an important tool for bringing an accused before the court and prevent him 
from escaping. 
Thus after an arrest, a person’s liberty is under full control of arrester. But every 
deprivation of liberty or physical restraint should not be interpreted as the 
arrest. Only the deprivation of liberty by a legal authority in a professionally 
competent and skilful manner amounts to arrest. 
The major purpose of arrest is to bring the person before a court and secure 
administration of law. An arrest also serves the purpose of notifying the society 
that a particular individual has committed an act which is against the society and 
act as a remark to deter crime in the future. 
Arrest without a Warrant 
A person can be arrested by police officers or any private person without 
warrant ordered by the court. Particularly the police officers may arrest a person 
without a warrant under certain conditions. The conditions to arrest a person 
without warrant mentioned under Section 41 of the Code of Criminal 
Procedure are as follows. 
• A person who is concerned with any cognizable offences such as 
murder, rape, theft etc. can be arrested without a warrant. Cognizable 
offences are the offence, for which a police officer in accordance with 
the first schedule of CrPC or guided by any other law for the time being 
in force, can arrest without warrant. 
• Cognizable offences are those offences which are very serious in 
nature. Example unnatural offences, rape, kidnapping etc. If any 
cognizable offence has been committed, a police officer can investigate 
without the magistrate’s permission. 
Section 154 of CrPC provides that, “under a cognizable offenses, if the police 
officer receives any information relating to the commission of a cognizable 
offence, if given orally shall be reduced to writing and be read over to informant, 
whether given in writing shall be reduced to writing and shall be signed by the 
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 informant and substance shall be entered in a book to be kept by officer in form 
prescribed by state government”. 
Section 154 provides further that, “if any person aggrieved by a refusal on the 
part of the officer in charge of police station, may send the substance of such 
information by post to Superintendent of Police, who is satisfied that such 
information discloses any commission of cognizable offences, shall either 
investigate himself or direct an investigation to be made any police officer 
subordinate to him”. 
• Who has been in possession of any housebreaking weapon without any 
lawful excuse? 
• Who has been proclaimed as an offender either under CrPC or any 
other order by State government or any law in force? 
• Who obstructs any police officer while performing his duty or who have 
escaped or make attempts to escape from lawful custody. 
• Who has been concerned in any law or against whom a reasonable 
complaint has been made or credible information has been received, 
of his having been involved in an act committed at any place outside 
India, if committed in India would be punishable of an offence and for 
which he is under law relating to extradition or otherwise, liable to be 
apprehended or detained in custody of India. 
• Who is reasonably suspected of being a deserter from any of the 
Armed forces of Union? 
• Who, being released as a convict, commits a breach of any rule 
mentioned under sub-section 5 of section 356 i.e. the state 
government may be notification make rules to carry out the provisions 
of this section relating to the notification of residence or change of or 
absence from, residence by released convicts. 
• For whose arrest any requisition has been received from another police 
officer, provided that the requisition must specify the person to be 
arrested and the reason for which the arrest is to be made and 
therefrom it appears that the person must be lawfully be arrested 
without a warrant. 
23.Write a note on summary trial. 
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In the adversarial legal system, the parties are represented by their advocates 
before an impartial person, who attempts to determine the truth and pass 
judgment accordingly.  
The word ‘trial’ has not been defined in the Code of Criminal Procedure, 1973 
per se. According to the Black’s Law Dictionary, a trial is defined as a judicial 
examination according to the law of the land, over a cause which could be either 
civil or criminal before a court that has jurisdiction. 
A Trial is a procedure where the Court adjudicates after hearing the case from 
both sides. It gives a fair opportunity to examine, re-examine and cross-examine 
the witnesses produced in the court. The judge delivers a judgment on the basis 
of the merits of the case. It is essential that the trial is fair, prudent and without 
any undue influence. 
There are three kinds of trials primarily – warrant, summons and summary. 
Summary Trials are mentioned in Chapter XXI of the Code of Criminal 
Procedure,1973. In this trial, the cases are disposed of speedily as the procedure 
is simplified and the recording of such cases are done summarily.  
In this type of trial, only the offences which fall into the small/petty category are 
tried. Complex cases are reserved for warrant or summons trial. To determine 
whether a case should be tried summarily, the facts stated in the complaint form 
the primary basis. The objective of summary trials is the expeditious disposal of 
cases to lessen the burden on the judiciary. The trial gives a fair opportunity to 
people for procuring justice in less time. 
Powers 
The power to try a case summarily is laid down under Section 260 of the Code 
of Criminal Procedure, 1973. 
The provision bestows power to any Chief Judicial Magistrate, Metropolitan 
Magistrate or Magistrate of the first class empowered by the High Court to try 
the following offences summarily: 
1. Offences which are not punishable with death, imprisonment for life or 
imprisonment for more than two years. 
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 2. The offence of theft under Section 379, 380 or 381 of the Indian Penal 
Code, 1860 if the value of the stolen property is not more than 2000 
rupees. 
3. An offence where a person has received or retained a stolen property 
worth not more than 2000 rupees, under Section 411 of the Indian 
Penal Code, 1860 
4. An offence where a person has assisted in concealing or disposing of 
stolen property, not worth more than 2000 rupees, under Section 
414 of the Indian Penal Code, 1860 
5. Offences covered under Section 454 and Section 456 of the Indian 
Penal Code, 1860 
6. If a person insults with the intention of provoking a breach of peace 
under Section 504 of the Indian Penal Code, 1860 
7. In the case of criminal intimidation punishable with imprisonment up 
to two years or fine or both, under Section 506 of the Indian Penal 
Code, 1860. 
8. The abetment of any of the above-mentioned offences  
9. If an attempt is made to commit any of the aforementioned offences 
and if such an attempt is a punishable offence 
10. If an act is committed which constitutes an offence, for which a 
complaint can be filed under Section 20 of the Cattle Trespass Act, 
1871 
24.Explain constitution and powers child welfare committee. 
Constitution: 
A person appointed to the Committee must have been actively involved in 
child health, education, or welfare activities for at least seven years or be a 
practising professional with a degree in child psychology, psychiatry, law, social 
work, sociology, or human development. This further helps ensure that those 
involved with the care and protection of children are sensitive to the issue and 
the needs of the children and will be competent enough to successfully come 
up with a plan to ensure their physical and mental wellbeing.  
The Committee should meet at least twenty days a month to ensure that the 
transaction rules and procedures are followed at its business sessions. When 
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the Committee pays a visit to an existing child care institution, a Committee 
meeting is held. When the Committee is not in session, and a kid in need of 
protection and care needs to be placed in a Children’s Home or a fit person, he 
must be brought before an individual member of the Committee. If there is a 
disagreement of opinion among the Committee members, the majority’s 
opinion will take precedence. If there is no such majority, the Chairperson’s 
viewpoint will be taken into account. 
Powers of the Child Welfare Committee 
• The Committee has complete responsibility for situations involving 
the care, protection, and treatment of children. 
• The Committee may also hear matters concerning the development, 
rehabilitation, and safety of needy children and providing basic needs 
and security for the children. 
• When a Committee is formed for a specific area, it has the authority 
to solely deal with all procedures filed under the provisions of this Act 
that are relevant to children in need of care and protection. 
• While exercising the powers granted to it by this Act, the Committee 
is prohibited from doing anything that would violate any other 
legislation in effect at the time. 
Functions of the Child Welfare Committee 
• Children who have been neglected or abused must appear before the 
Committee. In turn, the Committee should be informed of the 
children who are being brought to it. 
• To investigate to determine who is qualified to care for children in 
need of care and protection. 
• To direct the placement of a child in a foster care facility. 
• To direct Child Welfare Officers, District Child Protection Units, and 
Non-Governmental Organizations to conduct social investigations and 
report to the Committee. 
• Under this Act, an inquiry into concerns relating to and affecting 
children’s safety and well-being is to be conducted. 
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 • To provide care, protection, restoration, and appropriate 
rehabilitation to children who require care and protection. The child’s 
individualized care plan determines this. It also includes giving 
required instructions to parents, guardians, or persons who are fit 
and children’s homes or fitness facilities. 
• To confirm the parents’ performance of the surrender deed and 
ensure that they are given time to think about their decision and 
rethink to keep the family together. 
• To ensure that all attempts are taken to reunite lost or abandoned 
children with their families in accordance with the Act’s 
requirements. 
• After a thorough investigation, declare children who are orphans, 
abandoned, or surrendered legally free for adoption. 
• Taking suo-moto cognizance of cases and reaching out to minors in 
need of care and protection. 
• To take action against the rehabilitation of children who have been 
sexually assaulted and reported to the Committee, the Special 
Juvenile Police Unit, or the local police as children in need of 
protection and care. 
• To collaborate with other departments concerned with the care and 
protection of children. These agencies include the police, the labour 
department, and others. 
• In a child abuse report, undertake an investigation and make 
recommendations to the police or the District Child Protection Unit. 
Conclusion 
To conclude, it would be a safe bet to say that establishment of bodies like the 
Child Welfare Committee is an important step that ensures the protection of 
vulnerable children from harm, to an extent. Living in an abusive environment 
or even simply an neglectful climate can lead to severe psychological damage 
that can further develop criminalistic tendencies in some cases. Taking 
cognizance of the bad situations children can be caught in and vowing to get 
them the help and care they deserve is the first step to ensuring that the 
children of our society grow up to be adults we all can be proud of.  
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25.Explain the circumstances under which a police officer may arrest a 
person without warrant and state the circumstances in which a private 
person can arrest. 
Refer Q.No.22 
26.Explain investigation, inquiry, trial and inquest. 
Investigation 
Investigation has been defined under Section 2(h) of CrPC. Investigation 
includes all the proceedings under the Code required for the collection of 
evidence. It is conducted by a Police Officer or by any person other than a 
magistrate, who has been authorized by the magistrate on this behalf. 
Steps of Investigation 
• Proceeding to the spot where the offence has been committed. 
• Ascertain the facts and circumstances of the case. 
• Discovery and arresting the suspected offender. 
• Collecting evidence of the offence that may consist of: 
o Examination of various persons (including accused) and 
reduction of his statement into writing, if it is deemed fit by 
the officer. 
o The search and seizure that are considered necessary for 
investigation and to produce before trial. 
Who has the Authority to Investigate? 
The police officer or any other person who has been authorized by a Magistrate 
on his behalf is competent to investigate. 
Commencement of Investigation 
There are two ways to commence the investigation: 
• The police officer in charge has the authority to investigate when the 
FIR is lodged. 
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 • When the complaint has been made to the Magistrate then any person 
who has been authorized by the Magistrate can investigate in this 
regard. 
Malafide Investigation 
If investigating agencies conduct mala fide investigation, then it is open to 
correction by invoking the jurisdiction of the High Court.  
Gurman Singh v. State of Rajasthan, 1968 
In this case, the Investigating Officer and the Station House Officer had received 
information about a murder from an unknown place. It was held that before the 
investigation commences a Magistrate should take cognizance of the offence. 
State v. Pareshwar Ghasi, 1967 
In this case, it was observed by the court that etymologically, the meaning of 
term investigation is that which includes any process involving sifting of 
materials or search of any relevant data for the purpose of ascertaining facts in 
issue in a matter in hand. 
Inquiry 
An inquiry is done either by a Magistrate or it is done by the Court but not by a 
police official. Investigation differs from inquiry.  
According to Section 2(g) of The Code of Civil Procedure, Inquiry includes every 
inquiry except for a trial conducted under this Code, that is done either by a 
Magistrate or by the Court. The inquiry relates to the proceedings that are 
carried out by the Magistrate before a trial is done.  
Inquiry includes all the enquiries that are conducted under this code but it does 
not include the trials that are conducted by a Magistrate. 
Section 159 of CrPC empowers the Magistrate on a receipt of a police report 
under Section 157 of CrPC, to hold a  preliminary enquiry to ascertain whether 
an offence has been committed. If the offence has been committed then, 
whether any person should be put upon trial. 
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Types of Inquiry 
• Judicial Inquiry 
• Non-Judicial Inquiry/ Administrative Inquiry 
• Preliminary Inquiry 
• Local Inquiry 
• Inquiry into an offence 
• Inquiry related to matters other than an offence 
Under Section 159 of CrPC, the Magistrate is empowered to hold a preliminary 
inquiry on receipt of the police report under Section 157 of CrPC, to ascertain 
whether an offence is committed and if an offence has been committed then 
whether any person has to be put upon trial. 
The cases which are triable by the Session Court, the commencement of their 
proceedings take place before a Magistrate. The proceedings can be in the 
nature of an inquiry preparatory to send the accused for trial before the court 
of Session. 
Magistrate also conducts an enquiry in the cases which are triable by himself 
under Section 302 of CrPC. If a complaint is filed before a Magistrate, the 
Magistrate examines the witnesses and the complainant on an oath to find out 
if there is any matter for the investigation that has to be carried out by a criminal 
court. 
If the Magistrate distrusts the statement made by the complainant and the 
witnesses, the Magistrate may dismiss the complaint.  
The result of the investigation or inquiry does not establish sufficient ground to 
proceed with the case. All these proceedings are done in the nature of the 
inquiry. 
Trial  
The Code of Criminal Procedure does not define the term trial. A trial is a judicial 
proceeding that ends in either a conviction or acquittal but does not discharge 
anyone. It is examination and determination by a judicial tribunal over a cause 
which has jurisdiction over it.  
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 The trial begins in a warrant case with the framing of the charge when the 
accused is called to plead thereto.  In a summons case, it is not necessary to 
frame a formal charge, the trial starts as soon as the accused is brought before 
the magistrate and the particulars of the offence are stated to him. The case 
which is exclusively triable by a session court, there the trial begins only after 
committal proceedings done by the Magistrate. Appeal and revision are 
included in the term trial, they are a continuation of the first trial. 
In a criminal trial, the function of the court is to find out whether the person 
who is produced before the court as accused,  is guilty of the offence with which 
he has been charged. To hold that the accused is guilty of the offence with which 
he has been charged, the purpose of the court is to scan the material on record 
to find out whether there is any trustworthy and reliable evidence on the basis 
of which it is possible to find the conviction of the accused. 
There are generally three types of trials: 
• Trial by Court of a session. 
• Trial by a magistrate (can we summon or warranty case). 
• Summary trials. 
Inquest report 
The term ‘inquest’ has not been outrightly defined in the Code. The meaning of 
inquest is to seek legal or judicial inquiry to ascertain the facts. According to 
the Black’s Law Dictionary, the term ‘inquest’ means an inquiry conducted by 
the medical officers or sometimes with the help of a jury into the manner of 
death of a person, who has died under suspicious circumstances or  has died in 
prison. The provisions relating to the inquest report are covered under Chapter 
XII of the Code. 
An inquest report is made primarily to look into the causes of unnatural death. 
In the case of unnatural death, the circumstances have to be examined. The 
State owes a duty to its citizens to ensure their health and life. When a crime is 
committed, it is committed against the State. In the circumstances of unnatural 
death, it is the duty of the State to ascertain the cause of death and accordingly 
take further measures. This is the purpose of an inquest report, to establish facts 
that can be used to apprehend and punish the offender. 
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Relevant provisions under the code 
Under Section 174 of the Code, the police have been empowered to enquire and 
report on cases of unnatural death. The first clause to the provision states that 
when an officer-in-charge of a police station or some police officer who is 
empowered by the State Government receives information that: 
1. A person has committed suicide; 
2. A person has been killed by another; 
3. A person has been killed by an animal; 
4. A person has been killed by machinery; 
5. A person has been killed by an accident; 
6. A person has died under such circumstances which raise a reasonable 
suspicion that some other person has committed an offence. 
 
27.What is taking cognizance of offence? Whether is it obligatory? Discuss 
limitations on the powers of court to take cognizance of offence. 
‘Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking 
‘cognizance of offences’ means taking notice, or becoming aware of the alleged 
commission of an offence. The dictionary meaning of the word ‘cognizance’ is 
‘judicial hearing of a matter’. The judicial officer will have to take cognizance of 
the offence before he could proceed with the conduct of the trial. Taking 
cognizance does not involve any kind of formal action but occurs as soon as a 
magistrate as such applies his mind to the suspected commission of an offence 
for the purpose of legal proceedings. So, taking cognizance is also said to be the 
application of judicial mind. 
It includes the intention of starting a judicial proceeding with respect to an 
offence or taking steps to see whether there is a basis for starting the judicial 
proceeding. It is trite that before taking cognizance that court should satisfy that 
ingredients of the offence charged are there or not. A court can take cognizance 
only once after that it becomes ‘functus officio’. 
Cognizance of offences by Magistrate 
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 In Section 190, Any Magistrate of the first class and the second class may take 
cognizance of any offence- 
1. Upon receiving a complaint of facts related to offences. 
2. Upon police reports of facts. 
3. Upon information received from a person (other than a police officer), 
or upon his own knowledge. 
In Section 190(2), it is given that Second class magistrate can be empowered by 
Chief Judicial Magistrate to take cognizance under Section 190(1). 
Limitations on the power to take cognisance 
Prosecutions for contempt of the lawful authority of public servants 
According to Section 195(1)(a), “Court will not take cognizance to those cases 
which punishable under Section 172 to Section 188 of Indian Penal Code unless 
a written complaint is made by a public servant.” Section 172 to 188 of IPC deals 
with offences related to contempt of public servant. The court will not take 
cognizance in case of an attempt, conspiracy, abetment of offence given in 
Section 172 to 188 of IPC. 
According to Section 195(2), ‘‘Court will not further proceed with the trial when 
the order of withdrawal is given by a superior officer of a public servant (who 
has complained).’’ Provided that if trial in the court has been concluded then no 
such withdrawal shall be ordered. 
Prosecution for offences against public justice 
According to Section 195(1)(b)(i), ‘‘Court will not take cognizance to those cases 
which are offensive under Section 193 to 196, 199, 200, 205 to 211 and 228 of 
Indian Penal Code unless a written complaint is made by that court or by some 
other court to which that Court is subordinate.” Above mentioned sections of 
IPC deals with offences against public justice. The court will not take cognizance 
in case of an attempt, conspiracy, abetment of offences against public justice. 
Prosecution for offences relating to documents given in evidence 
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According to Section 195(1)(b)(ii), ‘‘Court will not take cognizance to those cases 
which offensive under Section 463, or punishable under Section 
471, 475 or 476 of the IPC unless a written complaint is made by that court or 
by some other court to which that Court is subordinate.” Above mentioned 
sections of the IPC deals with offences related to documents given in evidence. 
The court will not take cognizance in case of an attempt, conspiracy, abetment 
of offences relating to documents given in evidence. 
Section 195(3) deals with the meaning of ‘court’ in Section195(1)(b). ‘Court’ 
means a Civil, Revenue or Criminal Court, and included a tribunal constituted by 
or under a Central, Provincial or State Act if that Act has declared as Court for 
the purpose of this section. 
Prosecution for offences against the state 
According to Section 196(1), ‘‘Court will not take cognizance to those cases 
which punishable under Chapter VI (Of Offences against the State) or 
under Section 153A, Section 153B, Section 295A or Section 505 of Indian Penal 
Code except with the consent of the Central Government or of the State 
Government.” 
Above mentioned sections of IPC deal with offences against the state. Chapter 
VI of IPC deals with the offence against the state. Section 153A of IPC deals with 
harmony, 295A deals with the offence of statements which result in 
infringements of religious belief. Section 505 deals with an offence related to 
public mischief. 
Prosecution for the offence of criminal conspiracy 
According to Section 196(2), “Court will not take cognizance to offences of any 
criminal conspiracy under Section 120B of Indian Penal Code (other than a 
criminal conspiracy to commit a cognizable offence punishable with death, 
imprisonment for life or rigorous imprisonment for two a term of two years or 
upwards) unless consent in writing is given by the State Government or the 
District Magistrate to initiation of the proceedings.” 
Where Criminal Conspiracy under Section 195 applies, no such consent shall be 
necessary. 
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 According to Section 196(3), “A preliminary investigation by a police officer (not 
below the rank of inspector) is necessary before giving consent by Central 
Government, State Government or District Magistrate.” 
Prosecution of Judges and Public Servants 
According to Section 197(1), “Court will not take cognizance to offences done by 
Judges, Magistrates or any Public Servants during the course of employment 
unless consent in writing is given by the State Government(when offender is 
under course of employment of state government) or the Central 
Government(when offender is under course of employment of central 
government) to initiation of the proceedings.” In the case of State emergency in 
any state, only Central Government will give consent for such proceedings. 
has 
There is no consent requires for cognizance when Judges, Magistrate or Public 
Servants 
done 
offence 
which is punishable under Section 
161A, 161B, 354A to 354D, 370, 376, 376A, 376B, 376C and 509 of Indian Penal 
Code. 
Prosecution of members of Armed Forces 
According to Section 197(2), “Court will not take cognizance to offences done by 
any member of the Armed Forces of the Union during the course of employment 
unless consent given by the Central Government.” 
According to Section 197(3), “Section 197(2) will also apply to such class or 
category of the members of Forces charged with the maintenance of public 
order.” 
According to Section 197(4), “The Central Government and the State 
Government may determine the person who will prosecution of such Judge, 
Magistrate or public servant.” 
28.Define the term charge. For every distinct offence there is a separate 
charge and separate trial discuss. 
Refer Q.No.06. 
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29.Explain the process to compel the production of things before the criminal 
courts under Cr.P.C. 
Introduction: 
It is necessary to the court for a compulsion to produce the things. It follows 
the principle of natural justice that the accused of any offence should be given 
an equal chance to be heard and to defend himself. The law regarding 
processes to compel the production of documents or things is laid down in 
section 91 to section 105 of the CrPC,1973. The court when thinks fits or is of 
opinion that the production of such a thing is necessary then the court may 
issue summons to produce the same. The police officer or authorized person is 
required to be work efficiently according to the rules and regulations. This is a 
broad topic which includes search warrants, production of summons, seizure, 
the power to impound, etc. 
Brief explanation:  
1. Issuance of Summons: 
i. When the court is of opinion that it is necessary to produce the 
things for the purpose of trial, the inquiry then in such case the 
court may issue a summons for production. 
ii. the person who is required to produce a document or thing under 
this section shall be deemed to have complied with all the 
requirements if he causes such things to be produced instead of 
physically attending it personally to produce the same. 
iii. In case such things are under the possession of another person 
then it requires him to attend and produce things on time and 
place as mentioned in the summons. 
iv. That person is not obliged to attend personally, he may send such 
things or documents through another person. 
2. Letters and telegrams: 
i. The documents or things which are important to produce are 
under the custody of the telegram authority then the court may 
require the postal telegraph authority to produce the things or 
documents. 
ii. In simple terms, it can be invoked when a document or thing is in 
the custody of the postal and telegraph authority. 
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 3. Search warrant: 
i. 
ii. 
iii. 
Search warrants are written authority given to a police officer or 
other person by a competent magistrate or court for the search of 
any place either generally or for specific things or documents or 
for a person wrongfully confined. 
Search warrant may be issue when the court is of opinion that the 
person who has received the summons will not produce the 
documents or things. 
Where the document is not known to the court that the 
possession is with such person. 
4. Search of suspected places: 
i. 
ii. 
iii. 
iv. 
v. 
If the court is of opinion that the place is used for the deposit of 
stolen property then the court may authorize any police officer. 
To enter such place in the same manner as specified in the 
warrant. 
To take the possession of any property found at the suspicious 
place 
To convey the property before the magistrate 
To take into custody such things and carry before the magistrate 
vi. 
Such suspicious or objectionable object includes counterfeit 
currency notes, counterfeit coins, forged documents, false seals, 
obscene objects, obscene object etc. 
5. Declare the publication forfeited and issue the warrant: 
i. 
ii. 
When any matter is published in any document or book whenever 
printed and contain the forfeited matter then any police officer 
seizes such documents by issuing a warrant issued by the 
magistrate. 
State Government by its notification declares the documents or 
things forfeited then only the police officer is empowered to 
search and seizure. 
6. Application to High court to set aside the declaration of forfeiture: 
i. 
When the forfeiture is made in the newspaper, book or any 
document then within the date of publication of such declaration 
in the official gazette then such person apply to the High court to 
set aside the declaration. 
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ii. In case of three or more judges then heard and determined by 
special bench of High Court on the other hand when judges are 
less than three or more judges such special bench shall be 
composed of all the judges. 
iii. If there is a difference of opinion among the judges, the majority 
decision will prevail 
7. Search of persons wrongfully confined 
i. The magistrate is of opinion that any person is confined under 
such circumstances that such act amounts to an offense then the 
magistrate may issue a search warrant. 
ii. Search shall be made in accordance therewith and the person on 
being found shall be instantly taken before the magistrate and 
shall make such order as in the circumstances of the case seems 
proper. 
8. Restoration of abducted females 
When the complaint is made that unlawful detention of woman or female child 
is made for an unlawful reason then the magistrate of First-class may make an 
order for immediate restoration of such woman or female child to their 
parents or guardian. 
9. Permission to allow search at close place 
i. Whenever the inspection is of the closed place then in charge of 
such person on demand of the authorized person and production 
of warrant search will take place. 
ii. In the case of suspected concealing, the search should be made. If 
the person is a woman then the search shall be made by the other 
lady. 
iii. The occupant of such place searched is permitted to attend during 
the search and the list of the copies prepared has to be signed by 
the witness. 
10. Disposal of things found in search 
When the things are found disposed of in the other jurisdiction, then such 
things shall be immediately taken before the court who has issued the warrant. 
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 11. Seize certain property 
i. 
ii. 
The Police officer has power or authority to search any property 
which is suspected to be stolen or something or it may show the 
suspiciousness of an offence. 
In case the police officer is subordinate then a report has to be 
made to the officer by the subordinate officer. 
12. Direction by the magistrate: 
The magistrate has the power to direct a search to be made in his presence but 
for such direction, he is competent to issue a search warrant. 
13. Power to impound the document: 
The meaning of the word impound is to seize. The court if it thinks fit may 
impound the document or things before the courts. 
14. Reciprocal arrangement: 
i. The courts can exercise its power where the court extend by issuing following 
that will be served or will be executed at any place. 
1. S. Kuttan Pillai v. Ramkrishnan [1] 
In this case the constitutional validity of the search warrant was arise. It was 
held by the court that the accused will not be forced or compelled to give the 
evidence against himself. Thus, search warrant is not violative of the provision 
of the constitution. 
2. Kalinga tubes ltd v. D. Suri [2] 
it was held by the court that the search warrant is to be used with proper 
caution and with due care. The police officer has to work effectively according 
to the rules and regulations. 
30.Who are probation officers? Explain the duties of probation officers under 
the probation of offender’s act. 
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Who is a Probation Officer 
A probation official is a court officer who regularly meets people sentenced to 
a supervised probation period. Generally, these people are perpetrators and 
lower-level criminals. The majority of the offenders placed on probation are 
first time offenders. Placing any one on probation is a way for the court to 
prevent offenders from incarceration. Many that are on probation live in our 
neighbourhoods, stay home, are working or participating in an educational 
program, and raise their children. The justice system’s objective is to have a 
person who is put on probation as a responsible member of society while 
retaining contact with his or her family and community support sources. Once 
on probation, a person may be ordered to engage in an evaluation of drug 
abuse or domestic violence to determine if treatment is necessary. Moreover, 
by doing Breathalyzer or urinalysis tests, people may need to assist in tracking 
sobriety. Another typical condition is for an individual to continue his/her 
education and/or work. 
Refer Q.No.14 for duties of probation officer. 
31.Briefly discuss the release of offenders on probation or due to 
admonition? 
Refer Q.No.21. 
32.Explain the law relating to maintenance of wives, children and parents.  
Introduction: 
Section 125 of the code of criminal procedure provides that any person 
having sufficient means to maintain himself cannot refuse the maintenance 
to the wife, children, and parents if they are unable to maintain 
themselves. 
After a party invoked Section 125 of the Code, the court may order the 
respondent, that is the husband, to provide monthly maintenance to his 
wife who is unable to support herself. For the purpose of giving 
maintenance to the wife, the husband has to be sufficient enough to 
maintain his wife after the separation and at the same time, the wife must 
not be doing adultery or living separately with her husband without any 
sufficient reasons. Even if they live separately with mutual consent, then 
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 also the wife will not be entitled to any type of maintenance. Whenever a 
judgment passes in favor of the wife, the court must ensure that the 
husband has sufficient means to provide maintenance. The court is also 
required to make sure that the wife after the separation does not have 
sufficient money to support herself. 
The purpose of Section 125 CrPC was discussed in the case of K. Vimal v. 
K. Veeraswamy 1991 SCC (2) 375, where it was held that Section 125 of the 
Code had been introduced for achieving a social purpose. The purpose of 
this section is the welfare of the wife by providing her with the necessary 
shelter and food following her separation from the husband. It was held in 
this case that if the wife has lived like a wife and the husband had treated 
her like a wife for all the years prior to their separation then the wife 
cannot be denied maintenance by her husband. 
Persons entitled to claim maintenance: The following person is entitled to 
claim maintenance as per section 125(1) of CrPC, under some 
circumstances: 
Wife: If any person as per Section 125(l) (a) of the Code have sufficient 
means but neglects or refuses to maintain his wife, who is not able to 
support herself, a Magistrate of the first class may, upon proof of such 
refusal or neglect, direct such person to give a monthly allowance for his 
wife’s maintenance at such monthly rate the Magistrate deems fit, and to 
pay the same to such person as the Magistrate may direct from time to 
time. Here ‘wife’ includes a woman who has been divorced or has obtained 
a divorce from her husband and has not remarried.  
‘Wife’ for the meaning of Section 125 means a legally married woman. As 
per Section 125(l)(a) of CrPC, a maintenance allowance could not be given 
to every wife who is neglected by her husband or whose husband deny to 
maintain her, Instead, this can only be given to a wife who is unable to 
support herself but not to a wife who is maintaining herself with a certain 
difficulty.  By the phrase ‘unable to maintain herself’, it is not meant that 
she must be completely destitute and should be first on the street, should 
beg and be in worn-out clothes, and then only she will be entitled to file an 
application under Section 125 of the Code. 
Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (2) SCC 556: In this case, it 
is declared that a Muslim husband with sufficient means must provide 
maintenance to his divorced wife who is not able to maintain herself. Such 
a wife is entitled to get the maintenance even if she refuses to live with the 
Muslim husband because he has contracted another marriage within the 
limits of four wives allowed to him by the Quran. 
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The Supreme Court Bench held that a Muslim divorced woman who cannot 
maintain herself is entitled to maintenance from her former husband until 
she remarries. 
They dismissed the plea that maintenance is payable for the iddat period 
only. The judges also rejected the contention that deferred Mahr is a 
payment on the wife’s divorce and thus such payment under the personal 
law excludes the payment of any maintenance by the husband to the wife. 
The Supreme Court held that in case of any conflict between personal law 
and Section 125, then it is clear from the language of Section 125 that it 
overrules the personal law. 
Child: As per Section 125(1)(b) of the Code, if any person who have 
sufficient means but refuses to support his legitimate or illegitimate minor 
child, whether married or not, who is unable to maintain themselves or 
according to Section 125(1)(c) of the Code, his legitimate or illegitimate 
child (not a married daughter) who has reached majority, where such child 
due to any physical or mental abnormality or injury are not able to maintain 
themselves. A magistrate of the First class upon finding such neglect or 
refusal may order such person to grant a monthly allowance for the 
maintenance of such child, at such monthly rate as the magistrate deems 
fit, and to pay the same to such person as the Magistrate may direct from 
time to time.  
Here ‘minor’ means a person who does not attain the age of majority under 
the provisions of the Indian Majority Act, 1875. 
Father or Mother: According to Section 125(l)(d) of the Code, if any person 
who has sufficient means, but neglects or refuses to maintain his father or 
mother, not able to support himself or herself, a Magistrate of the first 
class may upon finding proof of such neglect or refusal may order such 
person to provide a monthly allowance for the maintenance of his parents, 
at such monthly rate the Magistrate deem fit, and to pay the same to such 
person as the Magistrate may direct from time to time. 
The daughter whether she is married or unmarried will also be liable to 
maintain the parents. 
Essential conditions for granting maintenance: 
Sufficient means to maintain: According to Section 125(1) of the CrPC, the 
person from whom maintenance is claimed must have sufficient means to 
maintain the person or persons claiming maintenance. Here, the 
expression ‘means’ does not signify only visible means such as real 
property or definite employment. 
The words ‘sufficient means’ should not be confined to the actual 
pecuniary resources but should have reference to the earning capacity. If 
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 a person is healthy and capable, he must be held to have the means to 
support his wife, children, and parents. The capability of a person to pay 
must be proved to fix the quantum of maintenance. 
Neglect or refusal to maintain: As per Section 125(1) of the Code, the 
person from whom maintenance is claimed must have neglected or refused 
to maintain the person or persons entitled to claim maintenance. Neglect 
means a default or omission in the absence of demand whereas ‘refuse’ 
means a failure to maintain or a denial of obligation to maintain after 
demand. 
Person claiming maintenance must be unable to maintain himself or 
herself: As the object of Section 125 of the Code is mainly to avoid 
vagrancy; the requirement to pay maintenance should be only in respect 
of persons who are unable to maintain themselves. The inability of the wife 
to maintain herself is a condition precedent to the maintainability of her 
application for maintenance. The maintenance has to be decided in light of 
the standard of living of the person concerned. The amount of maintenance 
should be such that the woman should be in a position to maintain herself 
and that it should not be much below the status which she was used to at 
the place of her husband.  
Special requirements where maintenance is claimed by wife: 
The wife must not be living in adultery: As per Section 125(4) of the Code 
of Criminal Procedure, no wife shall be entitled to receive an allowance for 
the maintenance or the interim maintenance and expenses of the 
proceeding, as the case may be, from her husband under Section 125 if she 
is living in adultery. The term ‘living in adultery’ means outright adulterous 
conduct where the wife lives in a quasi-permanent union with the man with 
whom she is committing adultery. 
Wife must not refuse without sufficient reasons to live with her 
husband: According to Section 125(4) of the Code of Criminal Procedure, 
no wife shall be entitled to receive an allowance for the maintenance from 
her husband, if she refuses to live with her husband. A wife must not refuse 
to live with her husband without sufficient reason to get maintenance. 
What could be considered as a sufficient reason for the wife’s refusal to 
live with her husband would depend upon the facts and circumstances in 
each case. As per explanation to Section 125(3) of the Code, if a husband 
has contracted marriage with another woman or keeps a mistress, it shall 
be considered to be a just ground for his wife’s refusal to live with him. 
The wife must not be living separately by mutual consent: As per Section 
125(4) of the Code of Criminal Procedure, no wife shall be entitled to get 
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an allowance for the maintenance from her husband if they are living 
separately by mutual consent. A divorced wife cannot be characterized as 
a wife living separately by mutual consent. A divorced wife is a person who 
lives separately from her former husband by virtue of a change in status 
consequent upon the dissolution of the marriage. 
This article on CrPC section 125. 
33.Write a note on juvenile welfare board. 
Refer Q.No.15. 
34.What do you mean by arrest? Who can arrest? Explain the rights of 
arrested person. 
Arrest means apprehension of a person by legal authority so as to cause 
deprivation of his liberty. Thus, after arrest, a person's liberty is in control of 
the arrester. Arrest is an important tool for bringing an accused before the 
court as well as to prevent a crime or prevent a person suspected of doing 
crime from running away from the law. Cr P C contemplates two types of 
arrests - an arrest that is made for the execution of a warrant issued by a 
magistrate and an arrest that is made without any warrant but in accordance 
with some legal provision that permits arrest. 
 
Section 41 to 44 contain provisions that govern the arrest of a person by police 
and private citizens, while Section 46 describes how an arrest is a made. 
Arrest without warrant 
There are situations when a person may be arrested by a police officer, a 
magistrate or even private citizen without a warrant. 
Arrest by Private person  
Even private persons are empowered to arrest a person for protection of 
peace in certain situations. This is important because police cannot be present 
at every nook and corner and it is up to private citizens to protect the society 
from disruptive elements or criminals. As per section 43(1), any private person 
may arrest or cause to be arrested any person who in his presence commits a 
non-bailable and cognizable offence, or any proclaimed offender, and, without 
unnecessary delay, shall make over or cause to be made over any person so 
arrested to a police officer, or, in the absence of a police officer, take such 
person or cause him to be taken in custody to the nearest police station. Thus, 
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 if a person is drunk and is committing assault on others, he may be rightly 
arrested by any citizen and taken to the nearest police station. 
Arrest by Magistrate 
As per Section 44(1), when any offence is committed in the presence of a 
Magistrate, whether Executive or Judicial, within his local jurisdiction, he may 
himself arrest or order any person to arrest the offender, and may thereupon, 
subject to the provisions herein contained as to bail, commit the offender to 
custody. Further, (2) Any Magistrate, whether Executive or Judicial, may at any 
time arrest or direct the arrest, in his presence, within his local jurisdiction, of 
any person for whose arrest he is competent at the time and in the 
circumstances to issue a warrant. 
Important thing to note here is that magistrates have wider power than private 
citizen. A magistrate can arrest on the ground of any offence and not only on 
cognizable offence. As held in the case of Swami Hariharanand Saraswati vs 
Jailer I/C Dist. Varanasi, AIR 1954, the arrested person must be produced 
before another magistrate within 24 hours, otherwise his detention will be 
illegal.  
Refer Q.No. for Rights of arrested person.Q.No. 04. 
35.Explain the procedure of trail before the court of sessions. 
Refer Q.No.02 
36.Discuss the provisions of Cr.P.C relating to security for keeping peace and 
good behavior. 
Refer Q.No.08 
37.Explain the provisions regarding the transfer of criminal cases as provided 
under the code of criminal procedure. 
The provisions related to the transfer of cases are given under Chapter XXXI, 
from sections 406 to 411 of the Criminal Procedure Code, 1973. 
• Types of Transfer under CrPC 
• Transfer of cases and appeals by the Supreme Court – Section 406 CrPC 
• Transfer of cases and appeals by the High Court – Section 407 CrPC 
• Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC 
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• Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC 
• Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC 
• Withdrawal of case by Executive Magistrates – Section 411 CrPC 
Types of Transfer under CrPC 
1. The power of the Supreme Court to transfer cases from one state to another 
state. 
2. The power of the High Court to transfer cases in the state from one court to 
another court of equal or superior jurisdiction or to itself. 
3. The power of the Session Judge to transfer cases from one court to another 
court in his Sessions Division. 
4. The power of a Sessions Judge to withdraw cases from Additional Sessions 
Judge, Assistant Sessions Judge or Chief Judicial Magistrate. 
5. The power of Chief Judicial Magistrate to withdraw a case from any 
Magistrate subordinate to him. 
6. The power of Executive Magistrates, i.e. District Magistrates and Sub
Divisional Magistrates, to withdraw cases. 
Transfer of cases and appeals by the Supreme Court – Section 406 CrPC 
The power to transfer the cases to Supreme Court is conferred under section 
406 of the Criminal Procedure Code. The section gives the Supreme Court the 
power to transfer cases or/and appeals from one High Court to another High 
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 Court. This power can be exercised by the Supreme Court whenever it seems 
necessary and reasonable for justice. 
However, the Supreme Court can only act under the application of the 
Attorney-General of India or the interested party (complainant, public 
prosecutor, accused, etc.). 
Transfer of cases and appeals by the High Court – Section 407 CrPC 
The power to transfer the cases to the High Court is given under section 407 of 
the Criminal Procedure Code. The High Court can exercise this power under 
three conditions, when it is satisfied that: 
1. A fair and impartial trial cannot be held in any criminal court that is 
subordinate to it. 
2. Certain questions of law of unusual difficulty might arise. 
3. An order is required by any provision of the Code or for the general 
convenience of the parties or the witness involved or for the ends of the 
justice. 
The High Court can exercise this power on the report of the lower court or on 
the application of a party interested. This power can also be exercised on its 
own initiative by the High Court. However, the application for the transfer of a 
case from one criminal court to another criminal court in the same Session 
Division can be laid down before a High Court only if it has been previously 
made to the Sessions Judge and was rejected by him. 
Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC 
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Section 408 of the Criminal Procedure Code provides the power to the Sessions 
Judge to transfer a case from one criminal court to another criminal court in 
his sessions division. Whenever it seems reasonable for the ends of the justice, 
the Sessions Judge can act as provided under this section. 
The Sessions Judge can exercise this power either on the instance of the report 
of the lower court or on the application of the party interested or on its own. 
Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC 
The Sessions Judge also has the power to withdraw a case or appeal which he 
has transferred to any Assistant Sessions Judge or Chief Magistrate 
subordinate to him. The provision related to this is given under section 409 of 
the Criminal Procedure Code. 
However, a Sessions Judge can act accordingly only before the trial of the case 
or hearing of the appeal has begun. There can be no withdrawal of a case once 
the trial or hearing has started in the transferee court. 
Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC 
Provisions related to the withdrawal of cases by Chief Judicial Magistrate is 
contained under section 410 of the Criminal Procedure Code. This section 
grants the power to the Chief Judicial Magistrate to withdraw any case from 
any Magistrate subordinate to him and recall any case he had previously 
transferred to any Magistrate subordinate to him. 
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 The Chief Judicial Magistrate also has the power to inquire or try such a case 
himself. Along with this, he can also refer such a case to any other Magistrate 
who is competent to inquire into and try the case. 
Withdrawal of case by Executive Magistrates – Section 411 CrPC 
The Executive Magistrates have the power to withdraw or recall any case 
under section 411 of the Criminal Procedure Code. The Executive Magistrate 
under this section can withdraw any case which has been commenced before 
the court to any Magistrate that is subordinate to him for the disposal of the 
case. He is also authorized under this section to withdraw or recall any case he 
had previously transferred to any Magistrate subordinate to him as well as to 
dispose of such a case himself or refer it for disposal to any other Magistrate. 
38.Explain the types of appeals in criminal cases. 
The word appeal has not been defined in the Criminal Procedure Code. Neither 
the definition is available in the General Clauses Act. 
Criminal appeal has been discussed in chapter 29 of the Criminal Procedure 
Code under sections 372 to 394. The chapter is not absolute and exhaustive, as 
many provisions related to appeals are provided out of this chapter, for 
instance, sections 86, 250, 351, 449, 454, 458(2). 
An appeal can be defined as a complaint made to a higher court with the intent 
that the order, finding, sentence passed by the lower court is illegal or 
erroneous (wrong, incorrect). 
Kinds of Appeal Under Criminal Procedure Code 
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1. Appeal in Court of Session – Section 373 CrPC 
An appeal may lie to the Court of Session against the order under: 
• Section 117: Where a person has been ordered to give security for 
keeping the peace or for good behaviour. 
• Section 121: Where a person has been aggrieved by any order refusing 
to accept or reject a surety. 
2. Appeal From Convictions – Section 374 CrPC 
1. While exercising extraordinary original criminal jurisdiction, if High Court 
passes an order of conviction, an appeal shall lie to Supreme Court. 
2. If Court of Session or Additional Court of Session passes the order of 
conviction during the trial, an appeal shall lie to High Court. 
3. If Court of Session or Additional Court of Session gives punishment of more 
than seven years, the appeal shall lie to High Court. 
4. Where a person is convicted by Assistant Court of Session, Metropolitan 
Magistrate Judicial Magistrate I, Judicial Magistrate II, an appeal shall lie to 
Court of Session. 
5. A person aggrieved under section 325, 360 of the Criminal Procedure Code 
can appeal to the Court of Session. 
Exception to Section 374 CrPC 
Section 375 and section 376 of the Criminal Procedure Code are exceptions to 
sections 374 of the Criminal Procedure Code, elaborated as follows. 
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 Section 375 CrPC – No Appeal in Certain Cases Where the Accused Pleads Guilty 
If the accused pleads guilty at High Court and the court takes the plea on 
record and convicts the person, then no appeal shall lie. 
Where the accused pleads guilty at a court other than High Court, an appeal 
for the sentence is allowed. 
Appeal on sentence is allowed based on: 
1. Extent. 
2. Legality of the sentence. 
Section 376 CrPC – No Appeal in Case of Petty Cases 
No appeal shall lie in the case of petty cases. Petty cases differ from court to 
court. Following are considered petty cases: 
• 
In case of High Court- Imprisonment up to 6 months, fine of Rs 1000 or 
both. 
• 
• 
• 
• 
In case of Court of Session- Imprisonment up to 3 months, fine of Rs 200 
or both. 
In case of Metropolitan Magistrate- Imprisonment up to 3 months, fine 
of Rs 200 or both. 
In case of Judicial Magistrate I- Fine of Rs 100. 
In case of Magistrate empowered under section 260 of the Criminal 
Procedure Code- Fine up to Rs 200. 
3. State Appeals Under Sections 377 and 378 of CrPC 
Appeals by the State Government: 
• For enhancement of sentence – Section 377 
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• Against the acquittal of accused – Section 378 
Section 377 CrPC – Appeal Against Sentence 
The section empowers the State Government to file an appeal through a public 
prosecutor at the Court of Session or High Court on the grounds of 
insufficiency of the sentence: 
o If an order of sentence is given by Magistrate, then appeal to 
lie to Court of Session. 
o If an order of sentence is given by any other court, then 
appeal to lie to High Court. 
The direction will be given to the public prosecutor by the central government 
if the investigation is done by Delhi Special Police Establishment or any other 
central agency. 
When such appeal or order for enhancement of punishment is filed, such order 
will not be passed until a reasonable opportunity of being heard is given to the 
accused. 
Section 378 CrPC – Appeal in Case of Acquittal 
In this section, District Magistrate is empowered to direct the public 
prosecutor to file an appeal to the Court of Session for the order of acquittal 
done by any Magistrate in a matter of cognizable and non-bailable offence. 
The State is also empowered to direct the public prosecutor to file an appeal 
for the order acquittal done by any court other than High Court for appeal or 
revision. 
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 If the investigation is done by Delhi Special Police Establishment or any central 
agency, the direction to file an appeal will be given by the Central Government. 
It is to be noted that prior permission of the High Court will be taken before 
filing an appeal at the High Court. 
If an order of acquittal is given in a matter of case instituted on complaint, and 
High Court grants special permission to present the appeal, then such appeal 
can be presented by the complaint. 
o If the complainant is a government servant, then the 
application can be moved within six months from the order of 
acquittal. 
o If the complainant is not a government servant, then the 
application can be moved within 60 days from the order of 
acquittal. 
If such appeal is rejected, no appeal from an order of acquittal shall lie. 
4. Appeal Against Conviction by High Court in Certain Cases – Section 379 
CrPC 
If the High Court reversed an order of acquittal of a person and convicted 
him and sentenced him to death, life imprisonment, or imprisonment for a 
period of ten years or more, the accused has the right to make an appeal to 
the Supreme Court. 
5. Special Right of Appeal in Certain Cases – Section 380 CrPC 
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Under this section, an accused has a right of appeal in an unappealable 
sentence if his co-accused has been given an appealable sentence. 
39.Explain the schemes available for rehalbitation and social reintegration of 
children under Juvenile justice ( care and protection of children) act 2000. 
Aftercare care organisations 
These are transitional homes where the child is kept before totally reintegrated 
into society. Aftercare organisations are special homes registered under the 
governmental nodal agency functions for the welfare of delinquent children. 
At the aftercare organisations, the Juveniles were given, 
1. Vocational training 
2. Therapeutic training to improve psychological behaviour 
3. Continuing education 
4. Consensus about social values 
5. Economical ability to support themselves 
6. Activities for physical and mental fitness 
 
The juveniles are taken care of in After Care Organisation which is transitional 
homes after they leave the special homes and children’s home. Juvenile in 
conflict with law and children in need of care and protection, both categories 
are placed in the aftercare organizations. Aftercare organizations enable the 
juveniles to lead an honest and industrious life. After-Care Organisations are set 
to achieve the principal objective of allowing children as well as juveniles to 
adapt to society. At the after-care organizations, the children and juveniles are 
motivated to stay in mainstream society from their past life in the institutional 
homes. 
Aftercare organizations are nothing but a temporary home which is set up for a 
group of youths. At the aftercare organizations, the placed youths are 
encouraged to learn a trade, and they also contribute towards the running of 
the aftercare home. Any voluntary institution or organization designated as the 
after-care organization strives to work towards preparing the children as well as 
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 juveniles to achieve self-reliance and acquire social and life skills to integrate 
them fully in the community. 
Sponsorship 
It is the financial help given for child care organisations, foster families, 
individuals or individual groups to meet the expenses of the juveniles’ 
rehabilitation programs. It may be a government aid or by a non -governmental 
organisation (NGO) or by individuals. 
Foster care 
It is one of the non-institutional care provided for the juveniles. Based on Section 
42 of the Juvenile Justice Act of 2000, the child may be placed with a foster family 
so he/she may be surrounded in a family environment and parental care which 
cannot be possible in normal institutional rehabilitation. The child is provided 
with education as well as family care. The foster family is paid for their service, 
and it is voluntary in nature. 
A child may be placed in foster care if the natural parents are 
• sentenced, 
• suffering from deadly diseases 
• being abroad 
• Incapacitated by other means 
Adoption 
Adoption benefits the orphans, homeless children and destitute youngsters as 
well as childless couples. Adoption makes life meaningful for lone single adults 
too as they gain a parent-child relationship. Adoption empowers a powerful 
relationship between the child and its adopted parents even though they are 
not related. Section 2(2) of the Juvenile Justice Act of 2015 states that adoption 
as the process through which the adopted child is permanently separated from 
his/her biological parents and becomes the lawful child of his/her adoptive 
parents with all the rights, privileges and responsibilities that are attached to a 
biological child. 
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What are the other measures or techniques used in the rehabilitation of 
juveniles? 
There is a huge lack of infrastructure for the rehabilitation of the juveniles like 
the absence of Juvenile Justice Boards, observation homes or special homes at 
many districts. There is also not enough counsellors, psychiatrists, medical 
personnel and trained social workers. The implementation of the Juvenile 
Justice Act of 2015 is lacking implementation at various levels. It is the role of 
the state government to ensure the implementation and proper function. State 
governments need to impart training to the monitoring officers. 
The Juvenile Justice Board and other child care home were established based on 
this act, it also gives emphasis for the following: 
• Providing a reasoned approach for the prevention and remediation of 
juvenile delinquency. This is done while keeping the child’s 
developmental needs towards social maladjustment. 
• Rules and regulations for investigation, prosecution, adjudication and 
disposition, rehabilitation of juvenile justice administration. 
• Provisions for juvenile specific offences and punishments. 
• Conforming the standard Minimum rules for the administration of 
Juvenile Justice of United Nations implemented in the administration 
of the juvenile justice system in India 
To provide proper care, protection and treatment by catering to the juvenile 
delinquents’ developmental needs, and for adopting a child-friendly approach 
in the adjudication and disposition of court proceedings in the best interests of 
children and for their proper rehabilitation the Juvenile Justice Act of 2000 is 
enacted by Government of India. Provisions for institutional and non
institutional measures for rehabilitation are provided in the Juvenile Justice 
(care and protection) Act of 2000. 
40.Write a note on judgement. 
What is a Judgement? 
A judgement is a decision given by a person regarding a particular issue. A 
judgement under the eyes of the law is a decision given by a court of law on a 
suit which comes up to it. The Code of Criminal Procedure in India does not 
define a judgement. Though Chapter 27 of the code deals with the matters 
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 relating to a judgement and its delivery. A judgement can be considered to be 
the final order passed by a criminal court, which may either be pronounced as a 
conviction of the accused if such person is found to be guilty or as an acquittal 
of the accused if such person is found to be innocent. 
Provisions with regard to Judgement under CrPC 
The following are the provisions with regards to a judgement under the Code for 
Civil Procedure: 
Section 353 
This section helps us understand the process of procurement and 
pronouncement of a judgement. It says that the pronouncement of judgement 
in every trial in a criminal court should be done in an open court as soon as a 
trial subject to that court is terminated. Such judgement should be pronounced 
by a presiding officer who is in charge of the criminal court of original 
jurisdiction. Such an officer passing the judgement should sign the transcript and 
every page, as well as the date of the judgement, pronounced should be 
attached to such a document. 
If the accused related to a judgement is under custody, then such  person should 
be brought to the court when the  judgment is being pronounced. If the accused 
is not in custody then his presence shall be demanded by the court, at the time 
of passing the judgment. If there is more than one person then the absence of 
any of them will not have any effect in delaying the judgement. A copy of the 
judgement should be made available to all persons associated with the case.  
The absence of a pleader during the pronouncement of a judgement shall not 
be deemed to be enough reason for causing any delay in a judgement. 
Section 354 
This section tells us about the language which should be used while pronouncing 
a judgement. It basically says that unless anything is expressly mentioned under 
the judgement passed under section 353, the judgement should be made in the 
official language of the respective court.  
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This section also helps us understand the ideal contents of a judgement. It 
basically explains the different instances under which the court passes 
judgement and the reasons which are required to be given by a court, which 
shall be attached to the respective judgements. 
Section 355 
This section provides instructions which are required to be followed by a 
Metropolitan Magistrate while pronouncing a judgement. 
Section 357 
This section talks about the power of the court to demand compensation from 
the accused with regard to the losses incurred by the other party to the suit. 
Such compensation may be for the costs of the proceeding, compensation for 
causing harm, injury or death, etc. There is a particular period of time provided 
for an appeal against such demand of compensation by the court. Once such 
period expires, the accused shall be liable to pay such compensation. 
Section 358 
If a person gets arrested due to another person registering a false complaint 
against such a person with the police. Then the court shall order such a person 
who posted the complaint to pay compensation which shall not exceed one 
thousand rupees, to the person so arrested. Such compensation is required to 
be paid for the lost time and money of such a person so arrested. 
If there is more than one person who has been arrested under such 
circumstances, then compensation of rupees hundred such be paid to each 
person. 
Section 361 
This section tells us that under the following circumstances special reasons 
supporting the judgement should be recorded: 
1. Where an accused is a person under section 360 or under the 
provisions of the Probation of Offenders Act, 1958. 
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 2. When an offender is a person supposed to be considered under 
the Children Act, 1960. 
Section 362 
This section tells us that once a judgement is pronounced, no change shall be 
made by the court or the presiding officer on such judgement. Unless the appeal 
is filed at a higher court. 
Section 363 
This section tells us that a copy of the judgment pronounced by the presiding 
officer of the court shall be given out to the accused, the complainants and all 
such persons associated with the proceeding in reference to which such a 
judgement has been passed. 
Section 364 
This section provides that every judgement pronounced by a court should be 
recorded. In an instance where such judgement is not in the language of the 
court and the accused requires so, then the judgement should be translated into 
the language of the court and stored accordingly. 
Section 365 
This section tells us that in case a judgement is pronounced by a court of session 
or by a Chief Judicial Magistrate, then a copy of such a judgement should be sent 
to the office of the District Magistrate. 
41.Explain the procedures to be followed for the trial warrant cases by 
magistrates. 
Trial of Warrant Cases by Magistrate 
1. Trial of warrant cases by magistrate where case instituted on a police 
report: Sections 238 to 243, 248, 249, 250. 
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2. Trial of warrant cases instituted otherwise than on a police report: Sections 
244-250 
Trial of Warrant Cases by Magistrate Where Cases Instituted On a Police 
Report 
Section 238: Compliance with section 207 
In any warrant case instituted on a police report, when the accused appears or 
is brought before a magistrate for the trial, the magistrate shall satisfy himself 
that he has complied with the provisions of section 207 (supply the copy of 
police report and other related documents to the accused). 
Section 239: When accused shall be discharged 
This section should be read with section 240. It is the duty of the court to 
frame the charges, and therefore the court must consider the matter. This 
section says that the magistrate has to record his reasons for discharging the 
accused. 
State of Himachal Pradesh vs. Krishan Lal, 1987 
In this case, the Hon’ble Supreme Court held that there was sufficient material 
on record, and the judge had found that the prima facie case has been made 
out. But his successor judge came to the conclusion on the same material that 
no charge could be made and hence passed an order of discharge. It was held 
by the Supreme Court that no order of discharge could be passed by the 
successor. 
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 Section 240: Framing of charge 
Section 240 not only authorises the magistrate to consider the police report 
and the document sent with it under section 173 but to examine the accused if 
he thinks fit. 
According to clause 2 of this section, the charge shall then be read and 
explained to the accused, and he shall be asked whether he pleads guilty of the 
offence charged or claim to be tried. 
Section 241: Conviction on plea of guilty 
After framing the charge if the accused pleads guilty, then the magistrate shall 
record the plea and convict him according to his discretion. 
Section 242: Evidence for prosecution 
If the accused does not plead guilty, then the magistrate does not convict him, 
and the magistrate shall fix a date for the examination of witnesses. 
The proviso of this section says that the magistrate will supply in advance the 
statement of witnesses recorded during the investigation by the police. 
According to clause 2, the magistrate may summon to the witnesses to attend 
the court or to produce any document, on the application of the prosecution. 
According to clause 3, the magistrate shall proceed and may permit the cross
examination of any witness. 
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Section 243: Evidence for defence 
The magistrate shall call the accused to enter in his defence and produce 
evidence and will allow for cross-examination. 
Section 248: Acquittal or conviction 
The trial ends either in conviction or acquittal of the accused. 
Section 249: Absence of complainant 
If the complainant is absent on the day fixed for the hearing of the case, the 
magistrate may in his discretion discharge the accused if- 
I. The offence is compoundable. 
II. The offence is non-cognizable. 
III. The proceedings have been instituted on the complaint. 
IV. The charge has not been framed. 
All of the above elements are necessary. 
Under this section, the magistrate has discretion. He may discharge the 
accused or may proceed with the case. It is done by the magistrate before the 
charge has been framed. After the framing of charge, the magistrate cannot 
discharge the accused due to default of appearance by the complainant. 
Death of complainant in trial 
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 Where in the course of the trial for different defamation the complainant dies, 
the magistrate need not discharge the accused but can continue with the trial. 
Note: Where a complaint is dismissed on default, there is no bar for the 
institution of second complaint for the same offence. 
Section 250: Compensation for accused without reasonable cause 
The person liable to pay compensation is a person on whose complaint or 
information the accusation is made. Here, a person includes a juristic person 
also. 
Compensation is awarded to the person who has suffered from the accusation 
and not to his relatives. Before awarding compensation, the magistrate shall 
not only record but also consider any objection which the complainant or 
informant raised against the direction. The provisions are imperative (of vital 
importance) in nature and must be complied with. 
Trial of Warrant Cases Instituted Otherwise Than On a Police Report 
Section 244: Evidence for prosecution 
When a warrant case is instituted otherwise than on a police report, the 
accused appears or is brought before a magistrate; the magistrate shall 
proceed for evidence for the prosecution and summon the witnesses or 
document on the application of the prosecution. 
Section 245: When accused shall be discharged 
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The discharge order can be passed when the magistrate finds that “no case has 
been made out.” 
Section 246: Procedure where accused is not discharged 
If the magistrate is satisfied, then he can frame the charge and proceed 
further. The charge shall be read and explained to the accused, and he shall be 
asked whether he pleads guilty or not or has any defence to make. 
According to clause 3, if the accused pleads guilty, the magistrate shall, 
according to his discretion, convict the accused. If the accused does not plead 
guilty, then the magistrate will move forward. 
Section 247: Evidence for defence 
The accused will be called to enter upon his defence and to produce evidence. 
Conclusion of trial same as the trial which is conducted by the magistrate in 
warrant cases, where case instituted on the police report (section 248 to 250). 
Section 248: Acquittal or conviction 
The trial ends either in conviction or acquittal of the accused. 
Section 249: Absence of complainant 
If the complainant is absent on the day fixed for the hearing of the case, the 
magistrate may in his discretion discharge the accused if- 
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 I. The offence is compoundable. 
II. The offence is non-cognizable. 
III. The proceedings have been instituted on the complaint. 
IV. The charge has not been framed. 
Under this section, the magistrate has discretion. He may discharge the 
accused or may proceed with the case. It is done by the magistrate before the 
charge has been framed. After the framing of charge, the magistrate cannot 
discharge the accused due to default of appearance by the complainant. 
Death of complainant in trial 
Where in the course of the trial for different defamation the complainant dies, 
the magistrate need not discharge the accused but can continue with the trial. 
Note: Where a complaint is dismissed on default, there is no bar for the 
institution of second complaint for the same offence. 
Section 250: Compensation for accused without reasonable cause 
The person liable to pay compensation is a person on whose complaint or 
information the accusation is made. Here, a person includes a juristic person 
also. 
Compensation is awarded to the person who has suffered from the accusation 
and not to his relatives. Before awarding compensation, the magistrate shall 
not only record but also consider any objection which the complainant or 
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informant raised against the direction. The provisions are imperative (of vital 
importance) in nature and must be complied with. 
42.Discuss the procedure to be followed by criminal courts in compelling the 
appearances of persons. 
Ways for processes to compel a person to appear in court they are -  
 
 1) Summons -  
 
 2) Warrant  
 
 3) Warrant in lieu of summons  
 
4) Proclamation of an absconder  
 
5) Attachment of his property and  
 
6) Bond with or without sureties to appear before a court on a certain date.  
1) Summons -  
 
Summons is a document issued by a Court of Justice calling upon the person to 
whom it is directed to attend before a judge or officer of the Court. It also 
means to notify a defendant that an action has been commenced against him 
in which he may file and answer or plead in some other fashion. Summons 
should be clear and specified because it is a milder form of process issued for 
enforcing the appearance of the accused or of witness and for the production 
of a document or thing. According to Section 61 of the code of criminal 
procedure, every summons issued by a court under this Code shall be in 
writing, in duplicate, signed by the presiding officer of such Court, or by such 
other officer as the High Court may, from time to time by rule direct and shall 
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 bear this seal of the Court. According to Section 61 of the Code of Criminal 
Procedure 1973 summons may be sent to - (a) The accused (b) A witness (c) A 
person to show cause against some order, and (d) The person proceeded 
against under section 125 of the Code.  
2) Warrant -  
A warrant is a written order of a Magistrate giving official authority to arrest a 
suspected criminal or accused person. The Code of Criminal Procedure does 
not define the expression warrant of arrest but it is clear form the code that a 
warrant is an order address to a certain person to arrest the accused, to take 
him into custody and bring him before the court issuing the warrant.  
3) Warrant in lieu of summons -  
According to Section 87 of the Code of Criminal Procedure - A Court may, in 
any case in which it is empowered by this Code to issue a summons for the 
appearance of any person, issue, after recording its reasons in writing, a 
warrant for his arrest- (a) if, either before the issue of such summons, or after 
the issue of the same but before the time fixed for his appearance, the Court 
sees reason to believe that he has absconded or will not obey the summons; or 
(b) if at such time he fails to appear and the summons is proved to have been 
duly served in time to admit of his appearing in accordance therewith and no 
reasonable excuse is offered for such failure.  
4) Proclamation of an absconder -  
Section 82 of the Code of Criminal Procedure 1973 provides -  
(1) If any Court has reason to believe (whether after taking evidence or not) 
that any person against whom a warrant has been issued by it has absconded 
or is concealing himself so that such warrant cannot be executed, such Court 
may public a written proclamation requiring him to appear at a specified place 
and at a specified time not less than thirty days from the date of publishing 
such proclamation.  
(2) The proclamation shall be published as follows:- (i) (a) it shall be publicly 
read in some conspicuous place of the town or village in which such person 
ordinarily resides;  
(b) it shall be affixed to some conspicuous part of the house or homestead in 
which such person ordinarily resides or to some conspicuous place of such 
town or village;  
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(c) a copy thereof shall be affixed to some conspicuous part of the Court
house;  
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be 
published in a daily newspaper circulating in the place in which such person 
ordinarily resides.  
 (3) A statement in writing by the Court issuing the proclamation to the effect 
that the proclamation was duly published on a specified day, in the manner 
specified in clause (I) of sub-section (2), shall be conclusive evidence that the 
requirements of this section have been complied with, and that the 
proclamation was published on such day.  
(4) Where a proclamation published under sub-section (1) is in respect of a 
person accused of an offence punishable under section 302, 304, 364, 367, 
382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of 
the Indian Penal Code (45 of 1860), and such person fails to appear at the 
specified place and time required by the proclamation, the Court may, after 
making such inquiry as it thinks fit, pronounce him a proclaimed offender and 
make a declaration to that effect. (5) The provisions of sub-sections (2) and (3) 
shall apply to a declaration made by the Court under sub-section (4) as they 
apply to the proclamation published under sub-section (1).  
5) Attachment of his property of person absconding -  
 
Section 83 of the code of criminal procedure provides that -  
 (1) The Court issuing a proclamation under section 82 may, for reasons to be 
recorded in writing, at any time after the issue of the proclamation, order the 
attachment of any property, movable or immovable, or both, belonging to the 
proclaimed person: Provided that where at the time of the issue of the 
proclamation the Court is satisfied, by affidavit or otherwise that the person in 
relation to whom the proclamation is to be issued, -  
(a) is about to dispose of the whole or any part of his property, or  
 (b) is about to remove the whole or any part of his property from the local 
jurisdiction of the Court, it may order the attachment simultaneously with the 
issue of the proclamation.  
 (2) Such order shall authorize the attachment of any property belonging to 
such person within the district in which it is made, and it shall authorize the 
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 attachment of any property belonging to such person without such district 
when endorsed by the District Magistrate within whose district such property 
is situated.  
(3) If the property ordered to be attached is a debt or other movable property, 
the attachment under this section shall be made-  
(a) by seizure; or  
(b) by the appointment of a receiver; or  
(c) by an order in writing prohibiting the delivery of such property to the 
proclaimed person or to anyone on his behalf; on  
(d) by all or any two of such methods, as the Court thinks fit.  
(4) If the property ordered to be attached is immovable, the attachment under 
this section shall, in the case of land paying revenue to the State Government, 
be made through the Collector of the district in which the land is situated, and 
in all other cases-  
(a) by taking possession; or  
(b) by the appointment of a receiver; or  
(c) by an order in writing prohibiting the payment of rent on delivery of 
property to the proclaimed person or to anyone on his behalf; or  
(d) by all or any two of such methods, as the Court thinks fit.  
(5) If the property ordered to be attached consists of live-stock or is of a 
perishable nature, the Court may, if it thinks it expedient, order immediate sale 
thereof, and in such case, the proceeds of the sale shall abide the order of the 
Court.  
The powers, duties, and liabilities of a receiver appointed under this section 
shall be the same as those of a receiver appointed under the Code of Civil 
Procedure, 1908(5 of 1908).  
6) Bond with or without sureties to appear before a court on a certain date - 
Section 88 of the Code of Criminal Procedure deals with the power to take 
Bond for appearance. It provides that when any person for whose appearance 
or arrest the officer presiding in any Court is empowered to issue a summons 
or warrant, is present in such Court, such officer may require such person to 
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execute a bond, with or without sureties, for his appearance in such Court, or 
any other Court to which the case may be transferred for trial.  
Section 88 of the Code is only applicable to persons who are present in court 
but not the person at houses to compel them to execute bonds for appearance 
in court with or without securities where an accused is already in custody, 
Section 88 has no application.  
43.Explain the provisions of Cr.P.C relating to reference and revision. 
Reference and revision under CrPC have been discussed in Chapter XXX from 
sections 395 to 405. Section 395 and section 396 of the Criminal Procedure 
Code deal with reference. And sections 397 to 405 discuss revision. 
Reference – Meaning under CrPC 
There is no statutory definition of reference provided in the Criminal 
Procedure Code. Reference is a matter between two courts where the lower 
court seeks the opinion of the High Court regarding an act, ordinance or 
regulation. 
Grounds for Reference under CrPC 
Before sending a case for reference to the High Court, the lower court shall 
satisfy itself that: 
1. The case pending before it involves the question as to the validity of 
an Act, ordinance or regulation or any provision contained in any Act, 
ordinance or regulation. 
2. The determination of such a question is necessary for the disposal of 
the case. 
3. The lower court is of the opinion that such Act, ordinance, regulation 
or provision is invalid or inoperative by the High Court or Supreme 
Court. 
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 Then the lower court shall state its opinion and reason for the same and refer 
the same to High Court for its decision. 
Residuary Provision 
Section 395(2) of the Criminal Procedure Code states that the Court of Session 
or Metropolitan Magistrate may refer for the decision of High Court on any 
question of law arising in a case pending before it to which provision of section 
395(1) of the Criminal Procedure Code does not apply. 
Section 395(1) of the Criminal Procedure Code requires every subordinate 
court to refer the question as to validity to the High Court. Section 395(2) of 
the Criminal Procedure Code provides discretion only to a Court of Session or a 
Metropolitan Magistrate to refer for the decision of the High Court for any 
question that arose in the hearing of the case before such court or magistrate. 
In Emperor vs Maula Fuzla Karim, the court held that reference under section 
395(2) of the Criminal Procedure Code could be made only on a question of 
law, not on a question of fact. 
Procedure for Disposal of the Case 
Where a question has been referred to High Court, the High Court shall pass 
order thereon. 
The copies of such order shall be then sent to the lower court by whom 
reference was made. 
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Such lower court shall then dispose of the case in the light of the reference 
order given by the High Court. 
According to section 395(3) of the Criminal Procedure Code, when the case is 
pending for reference in the High Court, the court may either commit the 
accused to jail or release him on bail. 
According to section 396(2) of the Criminal Procedure Code, the High Court 
may direct by whom the cost of reference will be paid. 
REVISION 
The word “revision” has not been defined in CrPC, however, as per Section 397 
of CrPC, the High Court or any Sessions Judge have been empowered to call for 
and examine the records of any proceeding satisfy oneself: 
1. as to the correctness, legality, or propriety of any finding, sentence or 
order, whether recorded or passed, and 
2. as to the regularity of any proceedings of an inferior court. 
Moreover, they have the powers to direct the execution of any sentence or an 
order to be suspended. Not just this, but to even direct to release the accused 
on bail or on his own bond if the accused is in confinement. They may even order 
an inquiry subject to certain limitations. It is clearly evident that the appellant 
courts have been granted such powers so as to obviate any failure of justice. 
The Honourable Supreme Court of India, in the context of this provision, held in 
the case of Amit Kapoor vs Ramesh Chander & Anr that “the revisional 
jurisdiction can be invoked where the decisions under challenge are grossly 
erroneous, there is no compliance with the provisions of law, the finding 
recorded is based on no evidence, material evidence is ignored or judicial 
discretion is exercised arbitrarily or perversely.” The same Court, further 
explaining this provision, held in the case of State Of Rajasthan vs Fatehkaran 
Mehdu that “the object of this provision is to set right a patent defect or an error 
of jurisdiction or law or the perversity which has crept in the proceeding.” 
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 The High Court has the power to take up a revision petition on its own motion 
i.e. suo moto or on the petition by an aggrieved party or any other party. The 
Allahabad High Court held in the case of Faruk @ Gaffar vs State Of U.P. that 
“whenever the matter is brought to the notice of the Court and the Court is 
satisfied that in the facts and circumstances of the case, a case is made out for 
exercising the revisional powers suo motu, it can always do so in the interest of 
justice.” 
There are certain statutory limitations that have been imposed on the High 
Court for exercising its revisional powers as per Section 401 of CrPC, however 
the only statutory requirement to exercise this power is that the records of the 
proceedings are presented before it, after which it is solely the discretion of the 
Court: 
1. An accused is to be given due opportunity to hear him and on order 
cannot be passed unless this is followed. 
2. In instances where a person has forwarded a revisional application 
assuming that an appeal did not lie in such a case, the High Court has 
to treat such application as an appeal in the interests of justice. 
3. An application of revision cannot be proceeded with if it has been filed 
by a party where the party could have appealed but did not go for it. 
The High Court, as well as the Sessions Court, may call for record of any 
proceeding of any inferior criminal Court situated within its jurisdiction for the 
purpose of satisfying itself as to the correctness, legality of propriety of any 
finding, sentence, etc. Thus, the Sessions Judge could examine the question in 
relation to the inadequacy of sentence in view of the powers conferred on him 
by Section 397(1) of CrPC.  
44.Discuss the provisions juvenile justice ( care and protection of children) 
act, 2000 in respect of the establishment and maintenance of observation 
home and special home. 
Observation Homes 
Section 8 of the Juvenile Justice Act of 2000 provides that the state government 
may establish and operate observation houses in each district or group of 
districts. A minor is temporarily received in these homes. For the duration of any 
investigation into them under the Juvenile Justice (Care and Protection of 
Children) Act 2000, minors are detained in observation houses. Minors are kept 
for a few weeks in the observation houses for the social study of minors. 
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The minor’s story is prepared by the probation officer during his brief stay at the 
observer’s home. The competent authority then decides, depending on the 
case, to keep them in the institution or to entrust them to their parents. During 
the stay in the establishment, medical and psychiatric services were also 
provided, as well as basic equipment such as food, clothing and accommodation 
for minors. To keep the mind and body healthy, young people should water the 
plants, help in the kitchen and clean the premises of the shelter. 
Special Homes 
Section 9 of the Juvenile Justice Act of 2000, states the state government may 
establish and maintain special homes in each district or group of districts. When 
the offence committed by a minor is proven and condemned by the competent 
authority, it is placed in the special home established by the state governments. 
In the special home, minors are treated for a long time or until their age ceases. 
The ultimate goal of the rehabilitation of juveniles in the homes under 
the Juvenile Justice (Protection and Protection of Children) Act of 2000 has 
therefore been implemented to ensure that all necessary efforts are made to 
change the of juveniles. minors of evil to good. Special shelters for minors pay 
more attention to the education and vocational training of minors. Minors 
receive food, clothing, shelter, medical and psychiatric services, and counselling. 
45.Write a note on Anticipatory bail and admonition. 
Section 438 of the Code of Criminal Procedure, 1973 deals with the provisions 
regarding the Anticipatory Bail. The words “anticipatory bail” have not been 
defined in the code. The expression “anticipatory bail” is a misnomer and the 
order becomes operative only on arrest. 
Section 438 of the Code reads as under:- 
“Direction for grant of bail to person apprehending arrest” 
Where any person has reason to believe that he may be arrested on 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 that in the event of such 
arrest he shall be released on bail; and that Court may, after taking into 
consideration, inter-alia, the following factors, namely- 
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 • The nature and gravity of the accusation; 
• The antecedents of the applicant including the fact as to whether he 
has previously undergone imprisonment on conviction by a Court in 
respect of any cognizable offence; 
• The possibility of the applicant to flee from justice; and. 
• Where the accusation has been made with the object of injuring or 
humiliating the applicant by having him so arrested, Either reject the 
application forthwith or issue an interim order for the grant of 
anticipatory bail. 
Admonition: 
Legal provisions regarding power of Court to release certain offenders after 
admonition under Section 3 of Probation of Offenders Act, 1958. 
Section 3 of the Probation of Offenders Act, 1958 provides that when any 
person is found guilty of having committed an offence punishable under 
Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of the 
Indian Penal Code, 1860, or any offence punishable with imprisonment for not 
more than two years, or with fine, or with both, under the Indian Penal Code 
or any other law, and no previous conviction is proved against him and the 
Court by which the person is found guilty is of opinion that, having regard to 
the circumstances of the case including the nature of the offence and the 
character of the offender, it is expedient so to do, then, notwithstanding 
anything contained in any other law for the time being in force, the Court may, 
instead of sentencing him to any punishment or releasing him on probation of 
good conduct under Section 4 release him after due admonition. As per 
Explanation under this Section, previous conviction against a person shall 
include any previous order made against him under this Section or Section 4. 
BY 
ANIL KUMAR K T LLB COACH 
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