What is Bailable offence?

Ans: As per S.2(a) Bailable offence: means an offence which is shown as bailable in the First schedule, or which is made bailable by any other law for the time being in force; and non-bailable offence‖ means any other offence.

What is Cognizable offence?

Ans: As per S.2(c) Cognizable offence: means an offence for which, and cognizable case means a case in which a police officer may, in accordance with the First schedule or under any other law for the time being in force, arrest without warrant.

What is Non cognizable offence?

Ans: As per S.2 (l)Non cognizable offence means an offence for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant.

What is Inquiry?

Ans: As per S.2(g)Inquiry means every inquiry, other than a trial, conducted under this code Magistrate or court.

What is Investigation?

Ans: As per S.2 (h)Investigation: includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person authorized by a Magistrate on this behalf.

What is Complaint?

Ans: As per S.2 (d)Complaint: means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this code that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation: — A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.

What is Offence?

Ans: As per S.2 (n) Offence: means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespassers Act, 1871.

What is Summons case?

Ans: As per S.2 (w)Summons case means a case relating to an offence and not being a warrant case.

What is Warrant case?

Ans: As per S.2 (x)Warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years

What is arrest? Why arrest? Who can arrest?

Ans: Arrest means apprehension of a person by legal authority resulting in deprivation of his liberty. One of the essential features of fair trial requires that the trial proceedings are conducted in the presence of the accused and that he is given a fair chance of defend himself. After the trial is over and if the accused is found guilty, he must be available in person to receive the punishment. For this purpose the presence of the accused is necessary during the trial. A police, private persons and magistrates can arrest.

When a person can be arrested?

Ans: Arrest of person may be necessary in certain circumstances:- a) So as to secure the attendance of the accused at the trial          b) As a preventive measure       c) So as to obtain correct name and address of the accused d) For taking a person escaped from the lawful custody      e)So as to remove obstruction to police in the execution of their duties.

Explain different kinds of arrest?

Ans: Cr.P.C provides four types of arrests:

(1) Arrest with warrant                 (2) Arrest without warrant

(3) Arrest by private persons        (4) Arrest by Magistrate.

Arrest with warrant: A warrant for arrest may be issued by a Magistrate after taking cognizance of any offence. This offence may be a cognizable offence or non-cognizable offence. Generally if the case is warrant case, a warrant of the arrest of the accused is issued. If the case in which the Magistrate has taken cognizance is a summons case, a summons shall be issued to the accused person. But the Magistrate has got the discretion to deviate from this general rule if the circumstances so demand in any particular cases. If the Magistrate has reason to believe that the accused has absconded or would not obey the summons, he may issue an Arrest warrant.

Arrest without warrant: S: 41 provides When a police may arrest without warrant:-

1. Any police officer may, without an order from a Magistrate and without a warrant, arrest any person:

(a)Who has been concerned in any cognisable offence, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) Who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or who has been proclaimed as an offendor either under this code or by order of the State Govt; or

(c) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

• Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
• who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India, which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or who, being a released convict, commits a breach of any rule, made under s.s (5) of section 356; or
• for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there form that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories or persons specified in section 109 or section110. 42 says a police officer may also arrest any person concerning in a non-cognizable offence, if he doesn‘t furnish his address. But once, satisfied with identity & address he shall release.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      When can a private person arrest without warrant?

Ans: As per S.43 any private person can arrest without warrant, if any person who commits a non-bailable and cognisable offence in his presence or a proclaimed offender. It is the duty of such private person to produce that person without unnecessary delay before the nearest police station. The police officer, when the arrested is produced before him shall re arrest him.

Write about s.41A?

Ans: S.41-A the police officer shall in all cases when the arrest of a person is not required under the provisions of s.41 (1), issue a notice directing the person against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence to appear before him at such other place as may be specified in the notice.

• Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
• Where such person compiles and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded the police officer is of the opinion that he ought to arrested.
• Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice.

What are the objects of police control rooms?

Ans: As per S.41C the state government shall establish police control room at every district. It shall display on the notice board of the control room, the names and addresses of the person arrested and the name and designation of the police officers who made the arrests. The control room at the police headquarters at the state level shall collect from time to time, details about the person arrested, nature of the offence with which they are charged and maintain a data base for the information of the general public.

How arrest is made?

Ans: S.46 says Arrest is made by police or any other person by touching or confining the body unless already submits to him. Police may use necessary force if arrest is resisted. But this doesn‘t give a right to any person to cause the death of any person who is not accused of an offence with death or imprisonment of life. A person arrested by the police shall not be subjected to more restraint the unnecessary to prevent his escape. Woman shall not be arrested before or after sunset.

 When can a Magistrate arrest?

Ans: Any Judicial or executive magistrate may arrest any person: 1) when offence is committed in his presence within his local jurisdiction or 2) may arrest any person to whom he is competent to issue warrant, in his local jurisdiction. In these two cases he can also direct any person to arrest.

How a search can be made in a closed place for arrest of a person?

Ans: As per S.41 a police officer may enter any closed place even by using violence if necessary by breaking open the doors and windows by arresting person obstructing him from discharging duties, and search the place to arrest any person required. Similarly, he can also use violence while coming out from the closed place after search.

What are the duties of a police officer while making arrest?

Ans: 1) Article 22 of constitution and S.50 of Cr.P.C says person arrested must be informed as the grounds of his arrest and also to his relatives and friends.

2) Accused shall also be informed his right to release on bail (S.50(2)).

3) Accused must be produced before nearest magistrate without any delay (A.22, Secs 56, 57) as accused can‘t be detained for more than 24 hrs without judicial scrutiny.

4) He must be allowed to consult a legal practitioner of his choice (A.22 (1) and Secs.303)

• Female suspects should be guarded by women constable Interrogation of female suspects should be in the presence of female police officers.
• The arrested person shall be informed his right to consult advocate of his choice
• Person arrested has a right to be examined by a Medical practitioner (S.54)
• Right of the accused person to get free legal aid & must informed about the same (A.21, S.304)
• Police officers arresting person shall have name plates on their uniform or possess identity cards
• Police when they arrest should prepare memo card of arrest and get it attested by a member of the family of any respectable person of the locality at the time of arrest. The memo should be counter signed by the arrestee. Entries of arrest must be made in the case dairy.
• Copies of all documents relating to arrest must be sent to magistrate along with remand report.

Under what circumstances police can register FIR?

Ans: Police shall register FIR in the following circumstances:

1. If someone gives information about commission of cognizable offense.
2. If someone gives information in non-cognizable offences – but court endorses for registration (S.155(2))
3. If the court endorses a case (S.156(3))
4. A cognizable case by Police on their own (S.157)

 How information of commission of cognizable offence is registered by the police? Is there any remedy to the person aggrieved by the refusal on the part of the police to record the information?

Any Person aware of the commission of the cognizable offence may give its information to the SHO of PS. It must be recorded as per S.154 Cr.P.C. (1). It can be oral or writing signed by informant.  It must be entered in a book is called station diary or general diary. A copy of the same shall be given forthwith, free of cost, to the informant. The substance of the information shall then be entered by the police officer in a book to be kept by such officer in the form prescribed by the state government. This book is called as station diary or general diary.  If police refuses to register FIR, Aggrieved can send it to SP of the District or can file Private complaint before Magistrate. S.P can appoint an officer either to investigate the case himself or appoint any officer for investigation. Such officer shall have all the powers of an office-in-charge of the police station in relation to that offence.

The evidentiary value of the FIR is greater than that of any other statement recorded by the police during the course of investigation. FIR is a report to the commission of an offence given to the police. It can be registered by the police suo-moto. FIR is not a substantive piece of evidence, but it can be used to corroborate the informant U/S 157 or contradict U/S 145 of the IEA 1872, if the informant is called as a witness at the time of the trial. If the FIR is of a confessional in nature it cannot be proved against the accused/informant in view of S.25 of the IEA. However, accused confession is relevant u/S.21 or 8 of the IEA.

Is it mandatory that information must be given to jurisdictional police?

Ans: No, an information may be given to the nearest police station whether having jurisdiction or not and that police should register the case and transfer the case to the police station having jurisdiction.

What is the procedure when a non-cognizable offense is reported to police?

Ans: As per S.155 say when any person gives information relating to the commission of a non-cognisable offence, the police officer has to enter the substance of such information in a book prescribed for this purpose then refer the informant to the Magistrate. If the magistrate directs the police officer to conduct the investigation into that non-cognisable offence, than that officer conducts investigation. Otherwise the officer has no duty to conduct investigation. While conducting investigation the police officer can exercise all the powers available to him except the power of arrest. If the case relates two or more offences of which at least one is cognisable, the case shall be deemed to be a cognisable case, notwithstanding that the other offences are non-cognisable

What is the procedure when a cognisable offense is endorsed by the court?

Ans: As per S.156 when a cognisable case is presented directly in a court and it is endorsed by court to police, the station house officer should register the case and investigate in the same way as if the offence is reported to him directly.

 What is the procedure when trifling cases are reported?

Ans: As per S.157 police officer after registration of FIR shall proceed for investigation but he need not proceed so in the following cases: 1.If the offence is not of serious nature and the offender is known 2.He need not investigate trifling cases or unidentifiable cases.

What is Investigation? Does it differ from Inquiry?

Investigation, according to Cr.P.C is to be conducted always by a police or other authorized person (other than a Magistrate). It includes all the proceedings under the code for the collection of evidence (S.2(4)). Broadly speaking the investigation of an offence consists of:-

Proceeding to the place of offence:

Ascertainment of the facts and circumstances of the case;

Discovery and arrest of the suspected offender;

Collection of evidence relating to the commission of the offence which may consist of – (a) the examination of various persons (including the accused) and the reduction of their statements into writing if the police officer making the investigation thinks fit; (b) the search of places or seizure of things considered necessary for the investigation of trial;

Formation of the opinion as to whether on the materials collected there is a case to place the accused before a magistrate for trial, and if so, taking necessary steps for the same by filing a charge sheet u/s 174 Cr.P.C, 1973.

What is an Inquiry?

Ans: Inquiry: An inquiry according to Cr.P.C,1973 means every inquiry which is conducted by a magistrate or court and which is not a trial(S.2(g)). In common parlance investigation and inquiry are used as synonymous or interchangeable terms. But the Cr.P.C uses them differently and with specific distinct connotations. Where a Magistrate or court conducts an inquiry for deciding as to guilt or innocence of any person accused of any offence, such an inquiry is not just an inquiry but it is termed as a trial. But where the inquiry relates to a matter other than the determination of guilt or innocence in respect of any alleged offence such an inquiry is not trial but a mere inquiry. Example: inquiry for determining the liability to pay maintenance to the wife, children or parent u/s.125.

Explain the method of recording statements of witnesses during Investigation?

Ans: Examination of witnesses by the police is regulated by S.161 Cr.P.C while the use of such statements is regulated by S.162 Cr.P.C. Any police officer making an investigation may require by an order in writing the attendance of any person residing in his station limits or in the limits of the adjoining station for examination. And such person shall be bound to answer all questions truly. Any disobedience of such a direction is an offence punishable u/s 174 IPC. However, non-attendance is no disobedience when the order is not in writing. A boy under the age of 15 years or any women can be examined only at place where he or she resides. (Proviso to section 160(1) cr.p.c). The statements of the witnesses examine by the police shall be recorded in part II of the case dairy. A police officer is not bound to reduce in writing the statements of each and every witness examined by him. He is vested with discretion in the matter. It is however necessary to records the statements of all material witnesses. The statements of witnesses shall be recorded separately. They shall be reduced into writing by the police officer himself. They shall be recorded in the first person and the language in which they are made. The Investigation officer can note down points and elaborate afterwards. In such a case jottings also should be supplied to the accused. The statement shall not be signed by the witnesses. S 162 Cr.P.C. Sub section 3 of s.162 Cr.P.C r/w sub section (4) of 173 Cr.P,C indicates that separate statements of all persons whom the prosecution proposes to examine as it witnesses should be recorded and copies thereof must be furnished to the accused before the commencement of the inquiry or trial. All these mandatory provisions, though non compliance does not vitiate the proceedings or trial, but raise the question is one of prejudice. If the prejudice is caused to the accused he is entitled for benefit of doubt. The accused shall invariably be examined soon after his arrest. This statement shall be recorded in part of the case dairy but not in part II. It need not also be in the first person. It need not also be the language in which it is made.

What is the value of 161 Cr.P.C statements?

Ans: The statements recorded u/s 161 Cr.P.C can be used to contradict the witnesses(s 145 IEA). A prosecution requires the permission of the court to contradict a witness while the defense counsel does not require such permission. A person can be contradicted only when he is called as a prosecution witnesses. He cannot be so contradicted when he is called as a defense witness or as a court witness. If a statement of a witness has been recorded by police u/s 161 Cr.P.C. that statement can be used for corroboration or contradiction in a subsequent case, provided the latter offence did not exist at the time of recording the statement in the previous case. The statements recorded u/s 161 Cr.P.C cannot be used for corroboration. The statements recording during the course of investigation alone hit by S.162 Cr.P.C, 1973 and not S.32 (1) and 27 of the IEA872.

How confessional statements are recorded by a Magistrate?

Ans: 1. Confessional statement made to magistrate is totally admissible and it is treated as substantive piece of evidence. Confession means admission of guilt.

2. Confession statement must be recorded in accordance with procedure prescribed the under s.164 Cr.P.C and Rule 32 of Criminal rules of Practice. The record is admissible in evidence even though the magistrate making record is not called as a witness to formally prove its contents during the trial of the accused person.

3. The following preliminary steps and precautions have to be observed by the magistrate in recording confession of an accused.

4. Before recording a confession, the magistrate is required to explain to the person making the confession that: (i) that he is not bound to make a confession (ii) if he does so it might be used against him 164(2). The Magistrate is under a duty to see that the above mentioned warning is brought to home to the mind of the person making the confession. It is also necessary that the magistrate should disclose his identity to such person so as to assure him that he is no longer in the hands of police. The Magistrate should not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

5. After warning the person making a confession the magistrate should give him adequate time to think and reflect, so that the mind of the accused is completely freed from any possible police influence. Normally such person if coming from police custody, is sent to judicial custody, is sent to judicial custody at least for a day before his confession is recorded.

6. Every inquiry must be made from the accused as to the custody from which he was produced and as to the custody to which he was to be consigned and the treatment he had been receiving in such custody in order to ensure that there is no scope of any sort of extraneous influence proceeding from a source interested in the prosecution still lurking in the mind of the accused person. If marks of injuries are found on he should be asked how he received them.

7. If the accused is handcuffed, the magistrate should order to remove handcuffs, and the police and other persons who are likely to have any influence over the accused should be ordered out of court in order to create a free atmosphere.

8. The accused should be assured, by the magistrate about protection from any sort of apprehended torture or pressure from such extraneous agents as the police or the like in case he declines to make a confession.

9. If at a time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession the Magistrate is not authorize the detention of such person in police custody s.164(3).

10. Even in a case of confession is made and recorded, the accused person as a matter of rule, should be sent to judicial lock up and on account be returned to police custody.

11. The accused should particularly be asked the reason why he is going to make statements which would surely go against his self interest in course to trial and he should further be told, in order to remove any lurking suspicion in his mind, then even if he continuous subsequently to repeat the confession it will still be evidence against him.

12. The Magistrate recording the confession must apply his judicial mind to the task of ascertaining that the statement the accused is going to make is of his own accord and not on account of any influence on him.

13. The Magistrate must put questions to the accused in order to ascertain the voluntary of the confession and the record of the confession must show that the questions where so asked to ascertain voluntariness.

14. The confession is to be recorded in the manner provided by S.281 Cr.P.C. for the recording of the examination of an accused person.

The whole of the confession, including every question put to the accused and every answer given by him shall be recorded in full. The record, shall, if practicable be in the language in which the accused gave the confession or that is not practicable in the language of the court. The record shall be shown or read over to the accused or if he does not understand the language in which it is written, shall be interpreted to him in a language in which he understands and he shall be at liberty to explain or add to his answers. The confession so recorded shall be signed by the accused person making it.

Under what circumstances, police can conduct search without warrant?

Ans: S.165 Cr.P.C deals with Search without warrant. During investigation, if there is no time to obtain a search warrant and immediate search of a place is necessary for the purpose of investigation, investigating police officer can conduct a search without warrant (s.165). The following provisions have been made to restrain the police power:

1. The power to search without a warrant can be exercised only by a police officer in charge of a police station or any other officer authorized to investigate into any offence and in fact making such an investigation.

2. Such a police officer may, however, instead of conducting the search himself require a subordinate officer to conduct the search under certain circumstances; and there upon the subordinate officer shall have the authority to conduct the search.

3. The search is not to be a general search but must be one for particular things, documents or specified materials necessary for the purpose of investigation.

4. The place of search must be within the limits of the police station of which the officer-in-charge or which he is attached.

5. The police officer making the search must have reasonable grounds to believe that:- (i) any specific thing necessary for the purpose of investigation may be found in the place, and (ii) such thing, in his opinion , cannot otherwise be obtained without undue delay i.e., in his opinion it would be too late before a search warrant is obtained from a magistrate.

6. A police officer before proceeding to search place must record the grounds of his belief as to the necessity of such a search and must also specify in such a record the things for which the search is to be conducted.

7. The copies of record made prior to the search are required to be sent forthwith to the nearest magistrate. This would ensure that these records are not conveniently fabricated later. The magistrate is also required to furnish, free of cost, to the occupier of the place searched, a copy of the entire record so received by him from the police. The copy would facilitate the proof any illegality or impropriety, if any, in the search.

8. The police officer, as far as possible, is to conduct search in person. If he is unable to do so and there is no other person competent to make the search present at the time, then, he can authorize any subordinate officer to make the search.
9. The police officer giving such authority must record his reasons for doing so; the authority must be in writing and it should, as far as possible, specify the place to be searched and the thing for which search is to be made. In addition to the above, the provisions as to search warrants and the general provisions as to searches shall, apply to the search made by a police officer without warrant. If the place is to be searched is beyond the limits of the Police station, such a search can be arranged through the concerned SHO, or in case of urgency, by the police officer himself. But in either case the rules mentioned above have to be followed mutatis mutnadis.

What is the procedure, police can adopt, if the investigation is not completed within 24hrs?

Remand: 1. A person arrested has to be produced before the nearest judicial magistrate within 24 hours of his arrest. This period of 24hrs is exclusive of the time of journey from the place of arrest to the court of the Magistrate (S.57).

2. As a result, it is not possible to complete investigation as such to meet this end investigating officer resort to S.167 of Cr.P.C. Thus, these provisions are intended to operate at a stage where a person is arrested and either an investigation was started or is yet to start and is not likely to be completed within 24 hours.
3. The remand report shall be accompanied by a copy of the case diary (part-I). The Magistrate before whom he is produced may authorized his detention for a term not exceeding 15 days. If the said Magistrate has no jurisdiction to try or commit the accused to custody, and considers further detention unnecessary, he may order the accused too be forwarded to the Magistrate having Jurisdiction.
4. The Magistrate is prohibited from detaining a person in police custody beyond the period of 15 days. Police custody may be at the request of the police or otherwise. It is not at the request of the police, it amounts to detention by the magistrate. If the Magistrate is of the opinion that adequate grounds exist for detention more than 15 days, he can so detain a person for a period not exceeding 90 days where the investigation relates to an offence punishable with death or imprisonment for life or for a period not less than ten years and for a period not exceeding 60 days where the investigation relates to any other offence. In calculating the period of 60 or 90 days, the date of arrest shall be excluded.

                                                                                                                                                                                                            What is police diary?

Ans: According to S.172 (1) every Investigating Officer is required to enter day by day his proceedings of the investigations in a Diary. Such a diary shall set forth the time at which the officer, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

Any criminal Court ask the police officer‘s diary of a case under inquiry or trial in such court, and may use such diary, not as evidence in the case, but to aid it in such inquiry or trial. S.172 (3) imposes a restriction on the use of case diary by the accused person. It says: -Neither the accused nor his agents shall be entitled to for such diaries nor he or they shall be entitled to see them merely because they are referred to by the court. However, the accused person is allowed to use the case diary for Cross-examination of the police officer who made it under two circumstances: If the police officer, while giving evidence refreshes his memory to the case diary (S.159 IEA) the accused is entitled to see the relevant entries in the diary and may use them for cross-examining the police officer provided u/s 161 IEA. If the court uses the case diary for the purpose of contradicting such police officer in accordance with the provisions of S.145IEA, then the accused can have the right to inspect the relevant portions of the diary.

It may be noted that even in the above two circumstances the accused is not allowed the wholesome inspection of the entire case diary. If the case diary is not maintained as required by S.172, that in it may not vitiate the trial; but it would expose the evidence of the Investigating officer to adverse criticism, and might diminish the values of his evidence.

Value: The entries in police diary are neither substantive nor corroborative and they can’t be used by or against any witness except investigating officer for limited purpose provided in the S.172. A judge can’t make use of the case diaries in his judgement and in seeking confirmation of his opinion on the question of appreciation of evidence from statements in the diary.

Explain about Inquest?

Ans: Inquest: Provisions relating to inquests are contained in sections 174 to 176 of the Cr.P.C. In case of murder, death, under suspicious circumstances suicide, sudden, unnatural or accidental deaths, the police are required to held inquest. Inquest can be held by an officer-in-charge of a police station or some other police officer specially empowered in that behalf. Inquest report prepared u/s 174 Cr.P.C should contain the details found on the body and at the scene of offence. The witnesses examined at inquest are bound to answer truly all questions other than those the answers to which have tendency to expose a criminal charge or to penalty or forfeiture. Inquest report is an important document in ascertaining the cause of death and the circumstances under which it took place. Inquest report is not substantive evidence .It can be used for corroboration u/s 157 or for refreshing memory u/s 159 and for contradiction u/s 145 IEA.

Under section 174 police have duty to inquire and report the suicides and killing of one person by another person, killing of a person by an animal and unnatural deaths etc. Under section 175 police have got the power to summon any person acquainted with facts and circumstances of the case. Under section 176 the Magistrate has got the power to conduct an inquiry or inquest into the death of a person in police custody.

Write a short note on Charge-Sheet?

Ans: Charge-sheet: S.173 of Cr.P.C talks about Charge-sheet or challan.

1. After the completion of investigation, the investigation officer has to submit a report to the Magistrate. This report is called as Charge-sheet or challan. This report is to be sent in the form prescribed by the Government.
2. This report must contain the following information:

(i) Name of the parties (ii) Nature of the information

(iii) Names of the persons acquainted with the facts and circumstances of the case

(iv) Whether any offence appears to have been committed or not, if so by whom

(v) Whether the accused has been arrested or not

(vi) Whether he has been released on bond, if so with sureties or without sureties

(viii) Whether he has been forwarded in custody or not.

3. When this report is sent through a superior police officer, this superior police officer can order further investigation into the case if he considers the information not sufficient to prove the guilt of the accused.
4. The investigating officer submitting the report has to communicate to the person who has given First Information about the action taken by him.
5. When the report is relating to an offence where sufficient evidence is available to prove the guilt of the accused, the police officer should forward along with the report to Magistrate all the document s on which prosecution proposes to rely and the statements of witnesses recorded u/s 161 whom the prosecution wants to examine as its witnesses.

If the police officer thinks that any part of the statement should not be disclosed to the accused, he can request the Magistrate to exclude that part of the statement from the copies given to the accused. If it is convenient to the police officer he shall furnish the copies u/s 173 (5) to the accused. If the magistrate, before whom the charge sheet, is filed, thinks that the conclusions of the police are incorrect, he can further investigation. Even after submitting the charge-sheet, if the investigating officer comes to know about the existence of additional evidence, he can submit a supplementary report or challan.

What is meant by continuing offence?

Ans: This term is appeared in S.178 Cr.P.C. If an act is committed which constitutes an offence and if that act continues from day to day and a fresh offence is committed by the accused so along as that act committed. Normally an offence is committed only once. But there are offences which can be committed day to day. Those offences are only called as continuing offences. Ex: A Conspiracy is a continuing offense. Each case is dependent on its own facts.

What is the general rule regarding place of Trial?

Ans: Trial in nearby court is more conducive to the sense of social security. Therefore, for the purpose of determining the venue or the place of trial, the basic general rule is: “Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed” (S.177). The subsequent sections 178-184 provide for alternative venues for inquiry and trial under certain circumstances and in respect of certain kinds of offences. The arrangement is intended essentially to minimise the inconvenience that might be caused by the strict adherence to the basic rule contained in the above S.177. The same rules apply for investigation of cases by police officers.

Is there any time limitation or other limitations for taking cognisance of offense by court?

Ans: Yes, however, it applies to offences which are less three years punishment only. A magistrate can take cognisance of an offence only within the time limits prescribed by law for this purpose (467-473). Preliminary objections can be taken at beginning of trial, soon after charge is framed or offence when explained to him. The following objections can be taken:

1. First plea can be question of jurisdiction;
2. Magistrate has no power to try
3. When the accused person is suffering from certain disabilities;
4. When the case is barred by limitation of time. This rule applies only to less serious offences which are punishable with imprisonment up to three years. S.468 provides a basic rule of limitation that except as otherwise provides elsewhere in the code no court after the expiry of the period of limitation shall take cognisance and offence punishable with fine only or with imprisonment up to three years. For the purpose of above rule, the period of limitation is provided in S.468 (2).

S.468 provides a basic rule of limitation:

One year – Imprisonment exceeds one year

Three years – Imprisonment exceeding one year but not exceeding three years

What is the procedure for prosecuting a public servant in discharge of his official duties?

Prosecution of Judges and Public Servants: According to Section 197 (1) Cr.P.C 1973, no court shall take cognizance of any offence alleged to have been committed by a person who is or was judge or Magistrate or a public servant, except with the previous sanction of the appropriate state or central government. In order to attract this restrictive rule, the provision requires that:-

The judge, magistrate or the public servant is or was one not removable from his office save by or with the sanction of the appropriate government. The alleged offence must have been committed by him while acting or purporting to act in the discharge of his official duty.

What is the restriction for taking cognizance for offenses against marriage?

Ans: For offences relating to marriage as provided under Chapter 20 of the Cr.P.C complaint must be made person who is aggrieved by the offence. If aggrieved is minor complaint must be made by the guardian or parent.

What is the restriction to prosecute a husband or relative of husband under S.498A IPC?

Ans: For offences u/s.498A IPC unless filed by police or when on complaint by the aggrieved or her parents or other relatives by blood.

What is the restriction to prosecute for offense of contempt of lawful authority or public servants and against public justice or relation to documents given by evidence?

Ans: (1)No court shall take cognizance of certain offences i.e 172 to 188 IPC except on complaint in writing of the public servant or his superior whose authority is defined.

(2)No court shall take cognizance of certain offences i.e 193 to 196, 199, 200, 205 -211, 218, 228 IPC except on complaint in writing of the public servant or his superior whose authority is defined.

The purpose of S.195 is to bar private prosecutions where the course of justice is sought to be prevented, leaving it to the court itself to uphold its dignity and prestige offence relating to forgery. S.340 lays down the procedure, the court concerned should adopt when any such offence appears to have been committed.

When Magistrate is said to take Cognisance of offence? What are the options left with Magistrate when he receives a complaint? What is the procedure in case of complaint made by public servant or court?

Ans: A Magistrate is said to take cognizance of any offence U/S 190 (1) (a), Cr.P.C when he not only applies his mind to the contents of the petition but must have done so for the purpose of proceeding in a particular way as indicated in the subsequent provisions U/S 200 and thereafter sending it for inquiry and report under S.202. When the Magistrate applies his mind not for these subsequent sections but for some other purpose, e.g., ordering investigation under S.156 (3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence.‖

The taking cognizance merely means judicial application of the mind of the magistrate to the facts mentioned in the complaint with a view to taking further action Thus the Sec190 contemplates is that the Magistrate takes cognizance once he makes himself fully conscious and aware of the allegations made in the complaint and decides to examine or test the validity of the said allegations.

If the Magistrate chooses to take cognizance he can adopt any of the following alternatives:

• He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straight away issue process to the accused before he does so he must comply with the requirements of S.200 and record the evidence of the complainant or his witnesses.
• The Magistrate can postpone the issue of process and direct an inquiry by himself

(c) The Magistrate can postpone the issue of process and direct an inquiry by any other person or an investigation by the police.

In case the Magistrate after considering the statement of the complainant and the witnesses or as a result of the investigation and the enquiry ordered is not satisfied that there are no sufficient grounds for proceeding he can dismiss the complaint.

Where a magistrate orders investigation by the police before taking cognizance u/s 156(3) of the code and receives report and discharge the accused or straight way issue process against the accused or apply his mind to the complaint filed before him and take action under S190 as described above.

Procedure in case of Public Servant: According to provisio of S.200 (2) Cr.P.C the magistrate need not examine the complaint and witness in the following cases:-

If a public servant acting or purporting to act in the discharge of his official duties or court has made the complaint.

What is the procedure if the Magistrate doesn’t have the jurisdiction to try the case? What is the procedure if the case is to be tried by court of sessions?

Ans: Procedure if the Magistrate is not competent to take cognisance of offence, he shall:-if the complaint is in writing, return it for presentation to the proper court with an endorsement to that effect;

1. ii)if the complaint is not in writing, direct the complaint to the proper court.

Procedure if the case is to be tried by court of sessions: According to S.209 if the case is exclusively tribal by the court of session, Magistrate shall commit the case to the court of session after complying with the provisions of S.207 and 208, the case to the court of session, and subject to the provisions relating to bail, remand the accused to custody until such commitment has been made. It should also send the record of the case and the documents and articles, if any, which are to be produced in evidence. Notify the Public Prosecutor of the commencement of the case of the Court of Session.

Under the above provision the magistrate is only to examine the police report and other documents referred to in the section and find out whether the facts stated in the report make out an offence tribal exclusively by Court of Session. Once that conclusion is reached Magistrate has to com it the case to Court of Session.

What is Charge? Who frames Charge?

Charge included more heads than one. Charge serves the purpose of notice or intimation to the accused person about the accusation he is called upon to face. Court frames charge. Charge shall be framed as S.211 Cr.P.C & 212.

Section 211 talks about form and contents of charge:

1. It must state the offence with which accused is charged.

2.Name of the offence committed in IPC or in any other Act.

3. Name of the offence or definition in case of no name to it.
4. Section of law with which he was charged.

5.It shall be in writing in the language of the court.

6. Details of previous conviction, if any, if the accused is liable to enhanced punishment, of a different kind, for a subsequent offence

7.Time and place of the alleged offence and the person against whom the alleged offence is committed. In case of a thing in respect of thing alleged offence is committed (s.212 (1)).   

8. In criminal breach of trust, dishonest misappropriation details of gross sum.

Whether at one trial several charges can be tried?

Ans: There shall be separate charge for every distinct offence. However S.218, 219, 220, are exceptions. However, If accused make a request in writing stating that all or any of charged made against him may be tried together they can tried jointly:  Provided if court is of opinion that such person is not likely to be prejudiced  thereby (S.218 Cr.P.C).

Whether three offences of same kind can be tried together at one single trial?

Ans: Yes as per S.219 three offences of same kind committed within a year may be charged together and tried at one trial.  For the purpose of this section:

ExP-I Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the IPC or of any special or local law.

Ex.P-II An offence punishable under section 379 of the IPC shall be deemed to be an offence of the same kind as an offence punishable under section 380 IPC

If in one transaction several offences are committed whether all the charge and tried together at one trial? Or Write a note on S.220 (1) Cr.P.C?

Ans: Yes as per S.220 (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.  As per S.220(2) an who committed offence of falsification of accounts, for the purpose of committing Criminal breach of trust or dishonest misappropriation can be charged and tried at one trial.  As per S.220(3) If the acts alleged against accused constitute an offence falling within two or more separate definitions of penal law he can be charged with all those offences and tried together at one trial.

Whether accused can be convicted for an offence for which he is not charged?

Ans: Person shall not be convicted for an offence, for which he is not charged with. However, S.221 and 222 are exceptions to this rule.

What is S.221 Cr.P.C?

Ans: If it is doubtful which of several offences the facts which can be proved will constitute offence, the accused may be charged with having committed all or any of such offences (221(a)). If in such a case the accused is charged with one offence, and it appears in evidence he committed a different offence for which he might have been charged under the provision of S.S (1), he may be convicted of the offence which he is shown to have been committed, although he was not charges with it (221(b)).

Ex: 379 is charge.  Evidence disclosed S.411 IPC.   He can be convicted.

What is 222 Cr.P.C?

Ans: There are three clauses under this section. They are: i) Though accused charge with several particulars, but few particulars only proved and they disclose an offence, not charged,  ii) Charged Major offence bur evidence proved  minor offence  iii) Attempt to commit offence

What is 222 (1) Cr.P.C?

Ans: A person charged with several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, he may be convicted though he was not charged with it (222(1)). Example: A is charged u/s 407 of the IPC, with a Criminal breach of Trust in respect of property entrusted to him as a carrier. It appears that he did not commit criminal breach of trust u/s 406 IPC in respect of that property, but that it was not entrusted to him as a carrier. He may be convicted of CBT. 394 = 392 +323 394: Robbery causing hurt  392: Robbery    323: Hurt

What is 222(2)?

Ans: A person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it (222(2). Example: A is charged u/s 324 of the IPC, with causing grievous hurt. It was proved that he committed offence u/s 323 simple hurt.  Ex: 324 is charge.

Charge: 324 IPC, Evidence: 323 IPC.   He can be convicted u/S.323 IPC

What is 222 (3) Cr.P.C?

Ans: When a erson is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged (222(3)).Charge: 324 IPC,

Evidence: 324 r/w 511 IPC.   He can be convicted.

GENERAL PROVISIONS OF INQUIRE AND TRIALS :              

Write about Doctrine of Double Jeopardy or Autrefois convict or Autrefois acquits?

Ans: S.330 No man shall be punished twice for the same offence.    

Conditions for its application: Thus person once convicted by court of competent jurisdiction can’t be tried again (A.20 COI).

1. a) The first court must be Competent court.
2. b) If accused is charged with different offence based on same set of facts, the second trial is barred. However, by obtaining consent of State government accused can be tried for the second offence. But accused is supposed to be charged under S. S.221 (1) or (2) Cr.P.C, even on consent of state accused can’t be tried again.
3. c) This rule has no application if accused charged with one offence but his acts resulted to a different offence and the consequences had not happened or were not known to the court at the time when he was convicted.
4. d) A Person discharged u/S.258 Cr.P.C shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first mentioned Court is subordinate.

What is the procedure to be followed in case accused is a company? 

Ans: As per S.11 IPC accused can be artificial person or body of persons.  Hence, accused must be examined under S.239 or 313 Cr.P.C as the case may be and for such purpose S.305 devised. It says in case corporation is an accused, it can appoint a representative for the purpose of the inquiry or trial. This appointment need not be under the seal of the corporation.  Anything that has to be done i.e, examination, stating or explaining can be made to such accused. However, if such representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply.

Who is an approver? In which cases approver technique can be used?

Ans: An approver is an accomplice who has tendered pardon with a view to securing his evidence against the remaining accused. Hence, he is exempted from criminal liability.  The law relating to approvers is contained in S.306, 307, 308 of Cr.P.C. The pardon can be rendered before any magistrate or sessions at any stage of trial but before pronouncement of judgment.  Offences exclusively triable by court of sessions or an offence punishable with more than seven years imprisonment.   IF the approver failed to comply with conditions of pardon, he can be tried for the said offence, but he shall not be tried jointly with any of the other accused. He can be prosecuted for giving false evidence with the sanction of the High Court (S.380).

Can a judge or Magistrate make a local inspection?

Ans: Yes, as per S.310 A court is competent to make local inspection after giving due notice to the parties and a record of relevant facts observed becomes a part of record for appreciation of evidence.

Whether court can summon a witness and examine him?

Ans: As per S.311 any court at any stage of inquiry, trial or other proceeding, summon any person, as a witness or examine any person in attendance or recall or re-examine any witness already examined, if such evidence is necessary for the just decision of the case.

Whether any person can be directed to give his specimen signatures?

Ans: As per S.311A Cr.P.C magistrate can direct any person to give his specimen signature or hand writings if is arrested with respect to that offence.

What is S.313 Cr.P.C?

Ans: This examination shall be conducted soon after the completion of Prosecution evidence provided there is incriminating evidence against the accused. No oath shall be taken. This kind of examination can be conducted at any time. However, it is mandatory upon completion of prosecution evidence.

Whether accused is a competent witness?

Ans: Yes as per S.315 Cr.P.C accused is a competent defence witness if there is a request in writing by the accused.

Whether court can proceed against any person if there is evidence during the trail suggesting he has committed the offence?

Ans: Yes, as s.319 in the course of an inquiry or trial of an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

Write on Compounding of offences?

Ans: S.320 of the code permits parties to compromise certain offences. For some offences it is with the permission of the court and some others without the permission of the court.  Compounding amounts to acquittal. S.320 (1) lists out offences which can be compounded without the permission of the court and S.320 (2) Contain offense which can be compounded only with the permission of the court.

During the course of inquiry or trial magistrate has come to know that he has no Jurisdiction to try that case. What he can do?

Ans: As per S.322 case shall be sent to Chief judicial magistrate.

During the course of inquiry or trial magistrate has come to know that case shall be exclusively triable by Court of Session? What he can do?

Ans: As per S.323 he shall commit the case to court of Session (209 Cr.P.C)

If the accused is liable for enhanced punishment in but he can’t inflict the same, what he can do? 

Ans: As per S.324 case shall be sent Chief judicial magistrate having jurisdiction.  This kind of scenario arises in cases of offences against coinage, stamp-law or property i.e, offences punishable under Chapter XII (Of offences relating to coin and Government stamps) or Chapter XVII (Property offences) of the Indian Penal Code. Under these offences accused on subsequent offence is liable for life imprisonment.

When the Magistrate can’t pass sentence sufficient severely?

Ans: As per S.325 case shall be sent Chief judicial magistrate having jurisdiction.

Ex: 494 IPC is triable by magistrate but punishment is less than 07 years.

What is Bail? List of different Kinds of Bails?

Ans: Setting a person at liberty by obtaining security.  Security can be demanded by way of bond with or without sureties. Bailable offence (S.436), Non-Bailable offence (437)  Bail by high court or Court of Session (439), Anticipatory Bail,Interim Anticipatory Bail

Write a note on Bailable offense?

Ans: S: 436 of Cr.P.C talks about Bailable offence: S: 436 says:

Person arrested in a bailable offence is entitled to bail as matter of right. It can be granted by either police or Court.  Person arrested on a bailable offence shall be informed of his right to be released on bail. Accused has the right to be released on bail if investigation is not completed within prescribed days i.e., 90 days or 60 days as the case may be. (i)  The day on which custody was granted couldn’t be excluded it must be included. 

(ii) Detention u/s 57 Cr.P.C is excluded

(iii) When there are no reasonable grounds for believing the accused guilty of a non-bailable offence but there is sufficient grounds for further inquiry, S.437 (2) Cr.P.C says that accused shall be released on bail u/S.436 Cr.P.C. In bailable offence if accused failed to furnish security, he would be continued to be in detention. If such period exceeds 07 days, he can be declared as indigent person and can be released on personal bond.

Write a note on S.436A?

Ans: If any under trial prisoner is in detention for ½ of the longest period of the imprisonment alleged for that offence he shall be released on personal bond without or with sureties. However, if prosecutor objects and court by recording reasons in writing can continue the detention even after the lapse of half of the imprisonment period provided for that offence. It must also be mentioned that in no case a person can be detained for more than maximum period of imprisonment provided for that offence.

Write a note on issues relating to Non-Bailable offense?

Ans: It is Generally dealt by JMFC. In non-bailable cases grant of bail is at the discretion of court. The magistrate shall not grant bail in the following cases:

If it appears that accused is committed an offence punishable with death or imprisonment for life.  2) If the accused is brought before him in a cognizable offence and previously convicted of an offence punishable with death or imprisonment for life or 07 years imprisonment.  3) If the accused is previously convicted in two or more offences which are cognizable in nature and which are punishable with imprisonment for 03 year and which is not less than 07 years imprisonment. However, the above rules not applicable in case persons under the age of 16 years or sick & infirm persons. Such person may be released on bail even if the offence charged is punishable with death or imprisonment for life.  The discretion exercised by the court is guided by law.  Similarly, a person u/S437 (2) can also be released on bail upon special reasons recorded in writing.

As per 437 Mere pendency of TIP would not bar court to grant bail in non-bailable offence, if accused is entitled to bail otherwise.

As per 437 Cr.P.C prosecutor shall be given notice with respect to an offence punishable with imprisonment more than 07 years.  As per S.437 Cr.p.C in the course of proceedings, the magistrate is of the opinion that the accused didn’t commit offence, which is non-bailable in nature, he can be granted with bail.

Write a note on Anticipatory Bail?

Ans: It talks about anticipatory bail provided following conditions exist:

Person must have a reason to believe that he may be arrested on accusation of having committed a non-bailable offence. Thus, there is no need of registration of FIR for A.bail. However, petitioner must be apply for this bail only if it is non-bailable offence. This bail can be filed before high court or courts of session. This is a concurrent jurisdiction. Issues to be considered while granting Anticipatory bail:  a) nature of accusation b) Antecedents of the accused which includes previous conviction in a cognizable case. c) Possibility of applicant flees from justice.

Write a note on Interim Anticipatory Bail?

Ans:  (S.438 (1A): Granting bail pending anticipatory bail application is called Interim Anticipatory Bail. If court grants A.bail it shall give notice to Prosecutor and SP (Police). It can also direct the accused to appear before court.

 Write a note on Plea Bargaining?

Ans: Plea Bargaining– means concession given to convict with respect to sentence upon admission of guilt. Section 265-A TO 265-L have been added in the CR.P.C so as to apply the plea bargaining. Plea-bargaining is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to the court approval. Therefore, it can be said that plea-bargaining refers to pre-trial negotiations between the defendant through his/her counsel and the prosecution during which the accused agrees to plead guilty in exchange for lesser punishment.

The salient features of plea-bargaining:1) It is applicable only in respect of those offences for which punishment of imprisonment is up to a period of 7 years. 

2) It does not apply where such offence affects the socio- economic condition of the country or has been committed against a woman or a child below the age of 14 years.  

3) The application should be filed by the accused voluntarily.

4) An accused must file an application for Plea-bargaining in the court in which such offence is pending for trial. 

5) The accused and prosecution both are given time to work out a mutually satisfactory disposition of the case, which may include giving compensation to the victim by the accused and other legal expenses incurred during pendency of the case.

6) Where a satisfactory disposition of the case has been worked out, the Court shall dispose of the case by sentencing the accused to one-fourth of the punishment provided or extendable, as the case may be for such offence.

7) The statement or facts stated by an accused in an application for plea-bargaining shall not be used for any other purpose other than for plea-bargaining.

8) The judgment delivered by the Court in the case of plea-bargaining shall be final and no appeal shall lie in any court against such judgment.

9) Three essentials work at the time of filing an application of plea-bargaining:

a) Accused‘s voluntariness to plead guilty.

b) The statements or facts stated by an accused in the application for plea-bargaining should not be used for any other purpose except plea-bargaining.

c) It is a contractual agreement between the prosecution and the defendant regarding the disposition of criminal charge. However, it is not enforceable until a judge approves it.

75.Inherent powers: The power of court to do anything to meet the ends of justice in the absence of express provision of law is called inherent powers. This power can be expressed only the H.Court under 482 Cr.P.C.

What is 428 Cr.P.C?

Ans: Set-off of remand period with respect to punishment awarded in the event of imprisonment awarded as a part of sentence.

Proceedings under Section 125 of the Cr.P.C.1973 are in the nature of claim of a civil right of a wife, children and parents upon on any person having sufficient means to maintain-Comment?

Ans: Sections 125 to 128 of Cr.P.C.1973 provide for speedy, effective relief and rather inexpensive remedy against persons who neglect or refuse to maintain their dependent wives, children and parents. Thus purpose of these provisions is not to determine criminal liability but to inquiring about civil right and to ensure their effective enforcement. This section is really intended for ensuring some supply of food, clothing and shelter to the deserted wives, neglected children and parents

The party under obligation is called as respondent but not accused. The case does not deal with an offence and the application for maintenance is not a complaint within the meaning of S.2 (d) of the code. The proceedings don’t end in either acquittal or conviction. The object of the provisions is not punishing him for past neglect, or neglect amounts to an offence. .

The provisions U/S 125 to 128 pertaining to the right of maintenance have the trappings of civil proceedings and projection of input to recover maintenance apparently of civil nature are transplanted in the Cr.P.Cc for proving speedy and imminent relief and immediate sustenance of life to the handicapped segment of the society. With the above it is clear that a proceeding U/S 125 CrP.c 1973 are in nature of the claim of a civil right of wife, children and parents.

What are the conditions to grant maintenance by the Court U/S.125 Cr.P.C.?

Ans: IF the dependent is unable to maintain herself or himself JMFC class upon proof of such neglect or refusal pass an order for payment of maintenance. Dependent means wife, parent or child.

 Salient features of s.125 Cr.P.C:-

1. It provides speedy effective and inexperience remedy order may be issued against person who refuses to maintain his dependent.
2. This provision applies to person belonging to all religion.
3. JMFC order is not final for more maintenance parties can agitate before civil court.
4. Marriage must be valid one.
5. Children includes both legitimate and illegitimate.
6. Presumption of marriage can be raised in favour of wife u/s 50 of IEA.
7. Wife may be minor or major such allowance shall be payable from the date of the order, if so ordered from the date of application for maintenance.

8.If any person ordered, fails without sufficient cause to comply with the order  any such Magistrate, may, for every order, issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such person accordingly u/s 125(3).

9. Time limitation is one year.

10.In section 125(4) disqualifications from entitling maintenance are provided, they are as follows: (a) if she is living in adultery (b) without sufficient reason refuses to live with him or (c) living separately under mutual consent between husband and wife (d) when she is remarried.

11. Territorial jurisdiction for filing application U/S 125Cr.P.C proceedings may be taken against any person in any district: (a) where he is or (b) where he or his wife resides or (c) where he resided with his wife or as the case may be, the mother of the illegitimate child.
12. Evidence must be recorded in presence of respondent or his advocate. It must be recorded as summons case.
13. When there is wilful avoiding of summons, court can declare such person as exparty and proceed. 14. Exparty order can be setaside only on showing good ground within 90 days.
14. Court can order for costs also.
15. Court can issue warrant of imprisonment on failure to pay maintenance.
16. The person claiming maintenance must be unable to maintain him or herself.
17. Enquiry U/S 125-128 is not a trial. It can’t be considered as acquittal or conviction.
18. Whole marriage is void in view of S.5 and 11 of Hindu Marriage Act, 1955 is not entitle to relief U/S125.

20.Kuldeep Kour v/s Surinder singh: Sending defaulting husband to jail is only a mode or method of recovery and not a substitute for recovery of the maintenance allowance. Husband is not absolved from his liability to maintenance, the amount is still recoverable.

Write a note on Return of Property for Interim Custody?

Ans: S.451 & 457 of Cr.P.C are the relevant provisions which deal with return of property for interim custody. S.451Cr.P.C deals with order for custody and disposal of property pending trial in certain cases. S.457 Cr.P.C of speaks about procedure to be followed by police upon seizure of property. Another distinction between both these sections is like this: Under 457 1) Property has been seized by police officer. 2) Seizure is reported to the Magistrate. 3) The property so seized is not produced before the court during inquiry or trial and whereas u/S.451 there is no deposit of property before court.

A plain reading of these two sections indicates that powers u/s.451, 457 Cr.P.C shall be exercised expeditiously and judiciously. If the property is not returned to its original owner the value of the property gets diminished and it’s a clog on property. Therefore, it is held that if there is a proper panchanama before handing over the property to its original owner towards interim custody, it can be used in evidence instead of its production of property during the trial. One important judgment pertaining to this issue which is delivered by Apex court in Sunder bha Ambalal Desi Vs. Gujarat 2003(1) ALD (CRL) 8 SC. Following are guide lines laid down: (a) Preparation of detailed panchanama of articles seized (b) taking photographs of such articles and a bond that such articles would be produced at the time of trial and (c) Taking proper security.

S.452 gives jurisdiction to court to order for disposal only at the conclusion of trial.

Is it legally correct to make conviction on the basis of sole testimony of one eye witnesses (i.e.,PW2)? If yes, what is the necessity of many eye witnesses, complainant, inquest Panch, Scene of offence panch, confession and recovery Panch, Medical officer and investigating officer?

Ans: Yes, legally it is not wrong to convict the accused provided his evidence is relevant and admissible.  However, as matter of prudence and safety it is improper to make conviction on such basis. The reason is: the consequence of proof of guilt is taking away the liberty of individual. To put it straight, individual life can’t be put to danger solely on the basis of sole testimony of one individual despite it being relevant and admissible, as the consequences on the society would be far reaching and dangerous. It is a serious halt on the freedom of liberty, creativity and entrepreneurship of the individual and consequently on the growth and development of the society.  Therefore, there is an increasing emphasis on the high level proof to act upon the evidence and thereby hold any person guilty of offence. Therefore to satisfy the high degree of proof, it is necessary on part of the Investigation officer to meticulously collect every piece of available evidence by putting best possible efforts.

Further, the proof required under Criminal law is beyond reasonable doubt and any amount of doubt created by the accused would entitle him to benefit of doubt. So all this makes job of prosecution as a tough and arduous task. Furthermore, in criminal cases generally there would be no documentary evidence and it is the oral evidence that play a lead role in determining the guilt. Hence, I.O besides recording statements of witness conducts scene of offense Panchanama, confession and recovery Panchnama, wound certificate etc. For this purpose Cr.P.C soon after registration of FIR Clothes the police with all powers of Investigation as mentioned under S.154 to 176 Cr.P.C so as to collect the evidence and finally to file the charge-sheet. In the course of investigation I.O can record the statements of the persons who could give some details relating to the offense. Further, he can conduct scene observation report, send the injured to medical aid and obtain report from medical officer, record confession and recovery statement. Finally, file charge-sheet. I.O conducting the investigation should know the values of various kinds of evidence, he collects. Generally, those facts deposed before the court carries substantive value except Dying declaration. All other statements made prior to evidence before the court can have either corroboration or contradiction value only. In other words, FIR, S.164 Cr.P.C, wound certificate, Scene observation, confession and recovery carry only either corroborative or contradictory value only. Just because they carry either corroborative or contradictory vlaue only, IO can’t take them lightly. If IO don’t undertake these exercises, the evidence of those witness will be treated as improvements and can’t be acted upon safely. The meaning of substantive value is that evidence upon which court can act upon for determining right or liability.

Complainant: Two basic things expected from Person who is close to the deceased would be first, search for body and second, reporting matter to police at the earliest point of time to see that person responsible for offence is get punished. As result, FIR occupies prominent place in criminal trial as it is the document which set criminal in motion. Hence, FIR has corroborative and contradictory value, if such person come and deposes the same. For this reason if a person report the death of close relative despite knowing it 10 0r 20 years, later even though it’s being true it is not safe to act upon.

Eye witness: S.134 says evidence must be weighed but not counted as such one solid eye witness evidence to convict the accused, however, when there are several available person choosing one and neglecting remaining is seen a fishy action. Hence, to show consistency, coherence, no discrepancies in prosecution version and to give weight to prosecution story as many witness will be examined to support prosecution version.

161 Cr.P.C Statements: In all the criminal cases police record the statements of witness, though they don’t have either substantive or corroborative value. Because any witness who speak before the court but whose statement is not recorded by police hardly carries any value as such his evidence before the court is treated as omission. This makes I.O to record the 161 Cr.P.C statements of witness ensuring that all the important details which that particular witness is examined by him with respect to the offence under investigation so as to see there would be no material omission or contradictions.

Inquest: It tells apparent cause of death. The person who died unnaturally will have multiple injuries or unusual symptoms over the dead body of the deceased.   This is readily available evidence as such not conducting inquest raises doubt about the prosecution for not securing such important evidence. Even the evidence of PME or injury certificate issued by doctor will have great significance as it suggest real cause of death and which can be easily secured.

PME or Wound report: The wound certificate will be issued by competent Medical officer. It spells about name of person examined, time and date of examination, nature and kind of injury. It shall also specify the time when injury must have occurred and weapon with which it is caused. Its value is corroboration or contradiction. It has no substantive value.

Scene of offence or Crime detail form Panch: It is but natural that the place where offence is committed will be in a very unusual one and it obviously contains certain marks suggesting occurrence of offence. Therefore, it is but natural to expect to collect such evidence in a document form with the aid of independent and respectable local persons. Hence, Inquest and CDF has corroborative and contradictory value if person comes depose the same. For this reason absence of CDF or inquest report is looked with grave suspicion. In fact this is another important action police undertake soon after investigation is take upon i.e., visiting scene and drawing the rough sketch and conduct scene observation panchnamma in the presence of independent local inhabitants. The object behind this activity is to show the court that there occurred an offense at a particular place (mode and manner).

Confession and recovery Panch: S.27 permits discovery of physical material consequent to the statement of accused would be admissible, therefore, whenever physical object connect to offence is discovered consequent to accused statement it occupies prominent place in the evidence. It has corroborative and contradictory value. In India in 99% cases police use this section.

Investigation officer: Examination of I.O is not necessary as he is not manner connected to the case except being collection of evidence. However, when there is a material contradiction in the prosecution it is always necessary to get them clarified with the aid of IO who recorded the statements; otherwise such contradictions have no value.

Charge-sheet: It carries no value. It is the case summary setting out the details about how report has come and it time and date. Consequent to it actions undertake by the IO in the course of investigation. It also set out the detailed description of witness examined by him and property seized.