CrPC notes 1

7/25/2019 CrPC notes 1

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UNIT- I`

1. Various powers of Courts. What are the modes of conferring and withdrawals of powers?INT!"UCTI!N#-Chapter III of the code deals with Powers of Courts to take cognizance of

the offences. For this purpose the offences are divided into two groups, i) Offences under IPC

and ii) offences under any other law. The courts y which these offences are triale are specifiedelow!"

Courts $% which offences are tria$le#- #s per provisions laid down in section &'the courts y

which offences are triale!"

$. a) #ny offence under IPC"%& 'ay e tried y (igh Court. ) *ession Court. c) #ny

other court y which such offence is shown in the first schedule to e triale.+. #ny offence under any other law, when any Court is 'entioned in this ehalf in such law, e

tried y! i) (igh Court. ii) #ny other court y which such offence is shown in the first schedule.

(ection &)# *urisdiction in the case of *u+eniles ! #ny offence not punishale with death or

i'prison'ent for life who at the date when he appears or is rought efore court under the age of

$ years 'ay e tried y the court of C- or any other court which specially e'powered.(entences which ,igh Courts and (ession *udges ma% pass! " #s per provision laid down

in (ect. &of the code that!" /i) (igh Court 'ay pass any sentence authorized y law. /ii)

*ession -udge or #0- 'ay pass any sentence authorized y law ut any sentence of death passed

y such 1udges shall e su1ect to confir'ation y the (igh Court.

(entences which agistrates ma% pass!" (ec.&/of Code, The court of C*'ay pass any

sentence authorized y law e2cept sentence of death or of i'prison'ent for life or i'prison'ent

for a ter' e2ceeding 3 years.Thecourt of agistrate of Ist.Class'ay pass a sentence of i'prison'ent for a ter' not

e2ceeding three years or of fine not e2ceeding 4s.$5, 555.

Thecourt of &ndClass agistrate'ay pass an i'prison'ent for a ter' not e2ceeding One year

or of fine not e2ceeding 4s.&5556" or of oth.

(entence of Imprisonment in default of fine!"The court of agistrate 'ay award such ter' of

i'prison'ent in default of pay'ent of fine as authorized y law under sec.0of the code, not

e2ceeding one fourth of the ter' of i'prison'ent and also not e2cess of the powers of

the agistrate u2s &/.(entence in cases of con+iction of se+eral offences!" Under (ection 01 of code, when a person

is convicted at one trial of two or 'ore offences the court 'ay su1ect to the provisions of

section )1 of I3Csentence hi' for such offences to the se+eralpunish'ents prescried therefore

which such court is co'petent to inflict and pass such order and 'ay direct unless the court

directs that such punish'ents shall run concurrently, provided that!


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1. In no case shall such person e sentenced to i'prison'ent for a longer period than fourteen

years. &. The aggregate punish'ent shall not e2ceed twice the a'ount of punish'ent which the

court is co'petent to inflict for a single offence. 0. For the purpose of appeal y a convicted

person the aggregate of constructive sentences passed against hi' shall e dee'ed to e a single

sentence.

!"4 !5 C!N54IN6 3!W4(#-1.In conferring powers under this code the (igh

Court or the *tate 7overn'ent as the case 'ay e y order e'power person especially y na'e

or in virtue their offices or classes of officials generally y their official titles.

+. 8very such order shall take effect from the date on which it is communicated to the person

e'powered.

WIT,"7W78 !5 3!W4(#-(ection 09of the code descried that The (igh Court or the

*tate 7overn'ent as the case 'ay e 'ay withdraw all or any of the powers conferred y it

under this code on any person or y any officer suordinate to it.&. #ny powers conferred y the C- or the 0istrict agistrate 'ay e withdrawn y the

respective 'agistrate y who' such powers were conferred.

3owers of :udges ; agistrates e


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) (is legiti'ate or illegiti'ate 'inor child, whether 'arried or not, unale to 'aintain herself.

c) (is legiti'ate or illegiti'ate child /not eing a 'arried daughter)

9ho has attained 'a1ority, where such child is y reason of herself.d) (is father or 'other, unale to 'aintain hi'self or herself. ohtas (ingh V2s. (mt.

emendri-&.

ight of aintenance of Illegitimate Child#-*ec. $+& /$) /) and /c) of the code provides the

right of 'aintenance to illegiti'ate son fro' his father if!"

a) (e is unale to 'aintain hi'self or is a 'inor.) If 'a1or then is unale to 'aintain hi' due to physical or 'ental anor'ality

in1ury.(mt.amuna$ai7nantraoV2s7nantrao(hi+ram-1/.

3arent@s right of aintenance#- *ec. $+& /$) /d) of the code provide parents the right of

'aintenance fro' their son, provided that!"

a) They are unale to 'aintain the'selves, and

) *on has the sufficient 'eans to 'aintain.

"r. (mt. Vi:a% anohar7r$atVsAashiraoa:aram(awai-1/).(ection 1&=B9of the code provides that wife shall not e ale to take 'aintenance fro' his

husand in following situations!"a) 9hen she lives in adultery.

) 9hen she refuses to live with husand without any sufficient reason.

c) 9hen they live separately y 'utual consent. "e+ Nara%an ,alderV2s (mt.

7nushree,alder"+55:. 9ife can clai' 'aintenance when she lives separately fro' husand

with sufficient reasons. T.C ChaDoVs7nnamma-1//9.Following are considered sufficient reasons for living separately!"

a) 9hen husand has contracted 'arriage with another wo'en.

) 9hen husand keeps concuine and ehaves with cruelty.c) 9hen the husand is unale to have se2ual intercourse due to i'potency.

7mount of aintenance#-The a'ount of 'aintenance has not een fi2ed under (ec.1&=of the

code. 8arlier, this a'ount of 4s. &556" 'a2i'u' for every person, ut y the Cri'inal Procedure

Code /#'end'ent) #ct, +55$, the 'a2i'u' li'it has een aolished. =ow this a'ount depends

upon the discretion of the 'agistrate.

agistrate can order for the a'ount of 'aintenance which it considers sufficient. 7enerally the

a'ount is fi2ed considering the position of parties, necessities, inco'e of the husand etc. The

a'ount of 'aintenance could e altered under (ec. 1&)when there is change in the

circu'stances. This a'ount can e increased or decreased.

When shall $e the aintenance paid#-(ec.1&= B&of the code provides that the a'ount of

'aintenance shall e paid!"Fro' the date of order, or fro' the date of application.

7pplication for aintenance!"(ec.1&'of the code provides that proceeding under 1&='ay e

taken against any person in any district!" a)9here he is or where he or his wife resides. ) 9here


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he last resided with his wife, or as the case 'ay e, with the 'other of the illegiti'ate child.

Case AumudumV2sDanappam-1///.ConseEuences of Non-Compliance of !rder#-(ec.1&= B0of the code provides that if any

person fails to co'ply with the order without sufficient cause, then the 'agistrate 'ay, for every

reach of the order, issued a warrant for levying the a'ount and after the e2ecution of the

warrant 'ay sentence such person for the whole or any part of each 'onth3: takes a step in this direction. Provision related to peace and good ehavioris following.1. (ecurit% for Deeping peace on Con+iction#- (ec.1'provides for security for keeping peace

on conviction. #ccording to it"when a court of session or court of first class 'agistrate convicts

any person for any of the following offences or of aetting such offence and is of the opinion that

it is necessary to take security fro' such person for keeping peace, then the court 'ay order hi'

to e2ecute a ond, with or without sureties< for keeping the peace for such period not e2ceeding

three years!"

a #ny offence which consists of assault or using cri'inal force ore co''itting

'ischief. F#ny offence of cri'inal inti'idation.c#ny other offence which caused, or was

intended or known to e likely to cause, a reach or peace. Inder (ingh Vs,ar$ans (ingh-

1/==.

&. (ecurit% for Deeping peace in !ther Cases#- (ec. 1)of the code lays down the provision

for de'and of security for keeping peace in certain 'atters. #ccording to it! " a# reach of

peace. $) 0istur the pulic tran?uility. c) #ny wrongful act that 'ay proaly occasion a

reach of peace or distur the pulic tran?uility. Then he 'ay ordered that he shall e2ecute a

ond with or without sureties for keeping peace for such period not e2ceeding one

year. Bamnara%an (ingh V2s (tate of Fihar-1/)&.

0. (ecurit% for good $eha+ior from persons disseminating (editious atters#-(ec 1lays

down provision for taking security fro' person disse'inating seditious 'atters.

a#ny 'atter the pulication of which is punishale under section $+%"# or *ec $&:# or *ec

$&: or *ec +> or the Indian Penal Code /%& of $@5). $) #ny 'atter concerning a 1udge


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acting or purporting to act in the discharge of his official duties which a'ounts to cri'inal

inti'idation or defa'ation under the Indian Penal Code /%& of $@5). Then such 'agistrate 'ay

de'and such person to e2ecute a ond, with or without sureties or sec $$5 then the

'agistrate shall order hi' e2plaining the following points i) with the intention to re?uire hi' to

show cause why he should not e2ecute a ond for keeping peace or good ehavior Fanarsi V2s

Neelam-1/'/.

a. If such person is not present in the court, then he shall e issued a su''on and if such person

is in custody than a warrant directing the officer in whose custody he is to ring hi' efore the

court shall e issued/*ec $$:). $.8very su''ons or warrant shall e acco'panied y the copy

of order /*ec $$%. c. If upon such in?uiry, it is proved that it is necessary for keeping peace and

'aintaining good ehaviour that such the 'agistrate shall re?uire such ond /(ec 11)).(ere it is

i'portant that the ordered ond and a'ount of ond should e 1ustifiale. It should not e so

'uch that the related person cannot e2ecute a ond of such a'ount. Bohammed 1. The ond

to e e2ecuted y any person shall ind hi' to keep the peace or 'aintain good ehaviour, and if

such person co''its later any offence or atte'pts to co''it or its aet'ent then it shall e

considered the reach of ond /*ec. $+5)&. The period of ond shall co''ence on the date of


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such order. If such person is undergoing i'prison'ent then such period shall co''ence on

e2piration of such sentence./*ec $$>).,ere> it is important that!" a) # 'agistrate 'ay refuse any surety on the ground that it is unfit

ut efore doing so an in?uiry shall e conducted /*ec $+$) $If any person fails to give security

then such person shall e send to the prison /*ec $++).9 "efine the term 7rrest. When a 3olice !fficer can arrest a person without a warrant

or without the order of the agistrate? What the rights of an arrested person?

Introduction#- 7enerally, a person is arrested y the order of the 'agistrate or y a warrant. #

police officer cannot arrest a person aritrarily or without the order of 'agistrate or without

warrant. ut this rule has few e2ceptions to it which 'eans that under certain circu'stances a

person can e arrested without the order of the 'agistrate or without warrant.

7rrest without warrant#- (ec. 91 ofthe Cri'inal Procedure Code $>3: provides that a police

officer can arrest a person without the orders or warrant of the 'agistrate in following situations!/$) 9hen any person has een concerned in any cognizale offence or against who' a reasonale

co'plaint has een 'ade or credile infor'ation has een received or a reasonale suspicion

e2ists. Of his having een so concerned.

/+) 9hen any person has in his possession without lawful e2cuse any i'ple'ent of house"

reaking.

/:) 9hen any person in whose possession anything is found which 'ay reasonaly e suspected to

e stolen property and who 'ay reasonaly e suspected of having co''itted an offence with

reference to such things.

/%) 9hen any person ostructs a police officer while in the e2ecution of his duty, or who has

escaped, or atte'pts to escape fro' lawful custody.

/&) 9hen any person is reasonaly suspected of eing a deserter fro' any of the ar'ed forces of

the union./) 9hen any person eing a released convict, co''its a reach of any rule 'ade under su"

section /&) of section :&A

/3) 9hen for any persons arrest any re?uisition, whether written or oral, has een received fro'

another police officer, provided that the re?uisition specifics the person to e arrested.

Thus, in this way a police officer under sec %$/$) can arrest any person without the order or

warrant of a 'agistrate.

7rrest of (uspected or ,a$itual !ffenders#-(ec 91B&provides that a police officer can also

arrest any person without the order or warrant fro' 'agistrate!"a) 9ho elongs to the category of suspected offenders under sec $5> of the Code.


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) 9ho elongs to the category of (aitual offenders under sec $$5 of the Code. 7rrest on

efusal to gi+e Name and esidence#- (ec 9&B1of the code provide that a police officer can

also arrest any person without the order or warrant fro' 'agistrate.

0) The person who gives a na'e or residence which such officer has reason to elieve to e false

residence of such person have een ascertained, then he shall e released on a ond with or

without sureties. "e+Dinandan V2s 4mperor-1/91.

7rrest to pre+ent a cogniGa$le offence#-#nother situation of a police officer arresting any

person without the order or warrant fro' 'agistrate has een provided in sec $&$ of the code. #

police officer knowing of a design to co''it any cognizale offence 'ay arrest, without orders

fro' the agistrate and without a warrant, the person so designing, if it appears to such officer

that the co''ission of the offence cannot e otherwise prevented. Thus sec $&$/$) provides a

police officer the powers to arrest a person without the order fro' the 'agistrate or without a

warrant, when generally a person cannot e arrested without the order of 'agistrate and without

warrant. B7.A 6opalanV2s (tate-1/'&.

I6,T( !5 T,4 74(T4" 34(!N!" *ec. %$0 of the code!" $.9hen any person is

arrested and interrogated y Police he shall e entitled to 'eet an advocate of his choice during

interrogation though not throughout interrogation. +. #rrestee has the right to no'inate his

relative or any friend for giving infor'ation to hi' aout his arrest.

UNIT H II

=. When ma% a criminal complaint $e filed $efore the agistrate? "iscuss the power of

agistrate to decide criminal complaint.

INT!"UCTI!N# (ec. & sa%s, that the preli'inary procedure which a agistrate shall

follow on receiving a co'plaint. It is oligatory to e2a'ine the co'plainant and the witnesses

and a su''ary dis'issal without the' is not legal. The sustance of such e2a'ination shall e

reduced to writing and shall e signed y the co'plainant and the witnesses and also y the

agistrate. If a pulic servant acting or purporting to act in the discharge of his official duties or

a court has 'ade the co'plaint or the 'agistrate 'akes over the case for in?uiry or trial to

another agistrate under sec.1/&.


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$. 3rocedure $% agistrate not competent to taDe cogniGance of the case# If a co'plaint 'ade

to a agistrate who is not co'petent to take cognizance of the offence he shall return it for

presentation to the proper court with an endorse'ent to that effect or where the co'plaint is not

in writing then he will direct the co'plainant to the proper court as provided in sec.&1of

Cr.P.C.Case of a:ender (ingh +2s (tate of Fihar> 1//.

+. To 3ostponement of issue of 3rocess#" (ec.&&of the code provided that where it appears to

the 'agistrate that the offence co'plained is triale e2clusively y the court of *essions or

where the co'plaint has not een 'ade y a court unless the co'plainant and the witnesses

present have een e2a'ined on oath under sec.+55. If an investigation is 'ade y a person not

eing a Police officer he shall have for that investigation all the powers conferred y this code on

an officer in charge of a police station e2cept the power o arrest without warrant. *ec. has

provided to ascertain the following! i) to ascertainthe facts constituting the offence.ii) To pre+entause of process resulting in wastage of ti'e of the court and harass'ent to the

accused.iii) To help the 'agistrate to 1udge if there is sufficient ground for calling the investigation and

for proceeding with the case. Case! Falra: Ahanna +2s otiram-1/)1.0. "ismissal of Complaint#- # agistrate 'ay dis'iss a co'plaint if after considering the

state'ent on oath of the co'plainant and of the witnesses and the result of in?uiry or

investigation under sec.&&.ut where there is sufficient ground for preceding the agistrate

cannot dis'iss the co'plaint under sec.+5: of the code. If he finds that no offence has een

co''itted, if he distrusts the state'ent or if he distrusts the co'plainant 'ay direct for further

in?uiry. In such cases he 'ay refuse to issue process. Case *ula Chandra v6s #dula"$>+.

These are the provisions under sec.&0 of Cr.3.C.9. No sufficient ground for proceeding#-9hen on the asis of evidence adduced no pri'a facie

case is reasonale 'ade out against the accused there is no sufficient ground for proceeding. It

would e 1ust wasting of ti'e to proceed further in the case. The co'plaint could e dis'issed as

held in thecase of "a$endra Nath +2s (tate of W.F1/)&.

=. ecording of easons #-#n order of dis'issal of a co'plaint under this section is no ar to the

entertain'ent of a second co'plaint on the sa'e facts ut it will e entertained only in

e2ceptional circu'stances which provide that the previous order was passed on an inco'plete

record or 'isunderstanding of the nature of the co'plaint.

'. "ismissal of complaint in default#-If the dis'issal of the co'plaint was not on 'erit ut on

default or the co'plainant to e present. Then there is no ar in the co'plainant 'oving to the


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agistrate again with a second co'plaint. ut if the dis'issal of the co'plaint was on 'erits

then the position could e different. In such cases the contention cannot e countenanced that

the co'plainant lacked ona fides as he suppressed the fact of dis'issal of the first co'plaint.

'. What do %ou mean $% 5I? In what circumstances a agistrate can maDe an order for

in+estigation of an offence? ! What are the ingredient of 5I? What are the effects of

dela% in filing 5I?

INT!"CTI!N#-First infor'ation report and investigation plays an i'portant role in

ad'inistering of cri'inal 1ustice. It is e2pected that it should e recorded with ut'ost care and

caution. It should e recorded without any delay so that dout does not arise. FI4 B

Investigation deter'ines that a pri'a facie case e2ist against the accused or not *ections $&% of

Cr.P.C."$>3: descried in detail aout FI4.

4((4NTI78( !5 5.I..#lthough the definition of FI4 is no given in the Cr.P.C. however it 'ay e as follows!"

i) It is infor'ation which is given to the Police Officer In" charge of the Police station. ut it is

not necessary to give always to Officer"in"charge.. 3. Aapoor +2s (r.3artap (ingh Aairon>

1/'1.

ii) Infor'ation 'ust relate to a cognizale offence.

iii) It is infor'ation first in point of ti'e.


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iv) It is on the asis of this infor'ation that investigation into the offence co''ences.

v) The FI4 could e in any type i.e. written or oral. It can also e given on telephone. (unil +2s

(tate of 3> 1//).

!F*4CT !5 5.I..#- The first and 'ain o1ect is to co'plain of any offence to a Police Officer

so that cri'inal law could e applied.,asi$ +2s state of Fihar> 1/)&.C!3!N4NT 37T !5 5.I..#-7enerally it is essential that a detailed e2planation of the

happening should e given in FI4. ut the prosecution cannot e dis'issed 'erely on the asis

that FI4 does not contains the co'plete e2planation of happening as in a case of Na+ratan

ahanto +2s (tate of Fihar-1/. Only gist of the happening in factual position needs to e

'entioned.4NTI4( IN T,4 5I 46I(T4!" #s soon as the Officer"in"charge receives infor'ation of

co''ission of a cognizale offence entry to this effect 'ust B i''ediately e 'ade in the

4egister concerned without delay.(tate of ,ar%ana +2s Choudhar% Fha:an 8al> 1//&. If anyinfor'ation isgi+en orall%, it should e recorded and then to read and otained the signature of

the person giving infor'ation. #s descried in a case of (tate of 7.3 +2s 3. amulu> 1//0that

FI4 cannot $e refused to $e recordedon the ground that the offence was co''itted not within

the 1urisdiction. There should e no dela%in registering FI4. 0elay causes douts. 6nash

Fhawan 3ated +2s (tate of aharashtra> 1/)/.

CICU(T7NC4( W,4N 76I(T7T4 !"4(5! INV4(TI67TI!N! "

Investigation egins with the FI4. If the FI4 is regarding any non"cognizale offence then such

infor'ation shall e recorded in the concern register and the person who is giving the

infor'ation will e referred to the agistrate. eaning therey that the investigation cannot e

done without the order of the agistrate. (ection 1==of the Code of cri'inal procedure

provides that!"

$. =o Police Officer shall investigate a =on"cognizale case without the order of the agistrate

having power to try such case or co''it the case for trial.

+. #ny Police officer receiving such order 'ay e2ercise the sa'e powers in respect of the

investigation /e2cept the power to arrest without warrant) as an OfficerDin"charge of a police

station 'ay e2ercise in cognizale case.

:. 9here a case relates to two or 'ore offences of which at least one is cognizale, the sa'e shall

e dee'ed to e a cognizale case, notwithstanding that the other offences are non"cognizale.


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%. #n investigation in a non"cognizale offence 'ade under the order of agistrate is treated as in

investigation under chapter"EII and the report will e su'itted to the agistrate under section

$3:/+).

In cases of cognizale Offences, there is no need of the orders of the agistrate to egin

the investigation. (owever it has also een 'ade clear y the *upre'e Court a new provision

under the code under section $&&/%) which incorporates a view of *upre'e Court that where a

case relates to two or 'ore offences of which at least one is cognizale the case shall e dee'ed

to e a cognizale case, in"spite of the fact that other offences are non"cognizale, where there

are oth cognizale and non"cognizale offences 'i2ed together the Police Officer can

investigate even if there is single cognizale offence.

3. "iscuss the pro+isions relating to Information to the police and their powers to

in+estigate.

INT!"UCTI!N! " (ection 1=9 speaks of infor'ation relating to the co''ission of a

cognizale offence given to an officer"in"charge of a Police *tation. This section has a three"fold

o1ect that to infor' the 0istrict agistrate and *updtt. Of Police who are responsile for

'aintaining peace and safety of the 0istrict. It is also pertinent to rought it in the notice of

1udicial officers efore who' the case is ulti'ately tried. #nd the 'ost i'portant to safeguard

the accused against suse?uent variations or additions.1. IN5!7TI!N IN C!NI7F4 C7(4(!" 8very infor'ation relating to the co''ission of a

cognizale offence if given orally to an officer"in"charge of a Police *tation, shall e reduced to

writing y hi' or under his direction and e read over to the infor'ant. 8very such infor'ation,

whether given in writing or reduced to writing as aforesaid, shall e signed y the person giving

it. The officers receiving 'ake the entries of the sustance thereof in the prescried 4egister

availale with hi'.

&. Cop% of the Informationas recorded shall e given forthwith free of cost to the infor'ant.


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0. efusal to record the information!" If any officer"in"charge of police station refuses to record

the infor'ation the infor'ant 'ay send to sustance of such infor'ation to the *updtt. Of Police

concern who further on his satisfaction will investigate the case hi'self or direct to his

suordinate.

9. The information gi+en to 3olice !ffice and reduced to writing as re?uired under the section is

called 5I. 9hen any infor'ation discosing cognizale offence is laid efore the Officer I6c of

a Police *tation, he has no option ut to register the case of that ase as held in *tate of (aryana

v6s Ch.ha1an ;al"$>>+.In a case of 6urpreet (ingh +2s (tate of 3un:a$-&'#- It was held

that 'erely non"disclosure of the na'es of witnesses in the daily diary as well as 'ortuary

register cannot affect the prosecution of case.

Case (tate of 7.3. +2s V.V. 3anduranga ao-&/# It was held that state'ent given on

telephone is to e treated as FI4 ecause cryptic telephonic 'essage of cognizale offence

received y Police would not constitute FI4. The 'ere fact that the telephonic 'essage was first

in point of ti'e does not y itself clothe it with character of FI4.=. Where 5I is lodged and what !$:ect!" 7enerally the infor'ation aout the offence

co''itted is given to the Police *tation of the place concern, ut it does not 'ean that it cannot

e lodged elsewhere. In a case of 3unati au$e +2s (tate of 7.3.-1//0# The police constale

refused to record the co'palaint on the ground that the said police station had no territorial

1urisdiction over the place of cri'e. #ny lack of territorial 1urisdiction could not have prevented

the constale fro' recording infor'ation aout the cognizale offence and forwarding the sa'e

to concern police station.'. The o$:ect of 5I# the 'ain o1ect of the FI4 is to co'plain of any of the offence to a Police

officer so that cri'inal law could e applied. 9here the FI4 was found o have een written after

the in?uest report was prepared the court held that it has lost its authenticity in the case ofFalaDa

(ingh +2s (tate of 3un:a$-1/)=.). I3!T7NC4 !5 5I#" On consideration its i'portant fro' every angle it is noticed that

FI4 is a very i'portant fro' the occurrence of an offence. It should e given i''ediately after

the offence is co''itted. The delay in giving infor'ation is viewed with grave suspicion as held

in the case of odi+alappa -1/''. There is no need to give the na'es of witnesses or other

'inute detail.. "ut% to register 5I#" In a case of 4a1ender *ingh atoch v6s Chandigarh #d'inistration B

Others"+55@, that although the officer"in"charge of Police station is legally ound to register a

FI4 in ter' of sec.$&%. It was also held in 7leEue 3adamsee and !thers +2s Union of India-


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&)#- that in case of inaction of police officials in registering FI4 person aggrieved can adopt

'odalities contained in sec.1/ read with & Cr.3.Cy laying co'plaint efore the 'agistrate

concern to take cognizance of offence.

/. "ela% in filing 5I#" 0elay in giving FI4 can e condoned if there is satisfactory e2planation

as held in 7pren :ospeh +2s (tate of Aerla-1/)0.9hether the delay is so long as to throw a cloud of suspicion on deeds of the

prosecution case 'ust e depend upon a variety of actors, Case am *og +2s (tate of U3-

1/)9.

1. "ela% in lodging 5I in rape cases!" In (tate !f ,imachal 3radesh +2s (hreeDant (heDari-

&9#That 'ere delay in lodging FI4 does not anyway render prosecution version rittle.11. 3owers to in+estigate#-Under section1=' the police is e'powered to investigate into a

cognizale offence without order of a agistrate or without a for'al first infor'ation report. If

the police do not investigate the agistrate can order for the investigation as in case of

7$h%anand *ha +2s "inesh Chandra-1/'. (ec. 1='B&) provides that no proceeding of a Police

Officer in any such case shall at any stage e called in ?uestion on the ground that the case was

one which such officer was not e'powered under this sec. to investigate, case ,ari (ingh +2s

(tate of U3-&'.(ec.1='B0#ny 'agistrate is e'powered under sec.$>5 'ay order such an

investigation , case Fateshwar (ingh +2s (tate of Fihar-1//&.

. Frief the *urisdiction of criminal Courts in inEuiries ;Trials. ! J4+er% offence shall

ordinaril% $e inEuired and tried $% court within the local limits of whose :urisdiction It was

committed.K 4


14/49

partly in another. 9here an offence is continuing one and continues to e co''itted in 'ore

local areas than one. Then it 'ay e in?uired or tried y a court having 1urisdiction over any of

such local areas. (tate of .3. +2s A.3.6hi%ara-1/=).

&. !ffence tria$le where act is done#- #n act is an offence y reason of anything which has een

done and of a conse?uence which has ensued the offence 'ay e in?uired into or tried y a court

within whose local 1urisdiction such thing has een done or such conse?uence has ensued

undersec. 1)/. Case 8al chand +2s (tate -1/'1is suitale e2a'ple a gang was created for

dacoity in a district ut was co''itted in another district, it was decided that the case can e

tried y the court of any of the two districts.:. 3lace of trial act is offence $% reason of relation to other offence#-9hen an act is an offence

y reason of its to any other act which is also an offence or which would e an offence if the

door were capale of co''itting an offence the offence which is done first 'ay e in?uired into

or tried y a court within whose local 1urisdiction either act was done, under sec.1. unna

8al +2s (tate of a:asthan-1/'9! co''itting theft and receiving stolen property, such 'atter

can e tried y a court of any of the two places.

9. 3lace of trial in case of certain offences#-#ny offence of eing a thug or 'urder co''itted y

a thug of dacoity, of dacoity with 'urder of elonging to a gang of dacoits or of escaping fro'

custody 'ay e in?uired into or tried y a Court within whose local 1urisdiction the offence was

co''itted or the accused person is found. Under sec.11.*aswant (ingh +2s 4mperor> 1/1, in

a 'atter of aduction of 'arried wo'an for the purpose of unlawful intercourse, it can e tried

that court within whose local 1urisdiction the wo'an was detained.=. !ffences committed $% 8etters etc#- #ny offence which includes cheating 'ay if the

deception is practiced y 'eans of letters o teleco''unication 'essage e in?uired into or tried

y any court within whose local 1urisdiction such letters or 'essages were sent or were received

and 'ay offence of cheating and dishonesty including delivery of property 'ay e in?uired into

or tried y a court within whose local 1urisdiction the property was delivered y the person

deceived or was received y the accused person under sec.1&. TeDumalla uneiah +2s

C.F.7mmanamma> 1//1! it was a case of iga'y the court held the co'plainant could e

entertained y the court having territorial 1urisdiction over that place.

'. !ffence committed on :ourne% or +o%age#-9hen an offence is co''itted while the person y

or against who' or the thing in respect of which the offence is co''itted is in the course of

perfor'ing a 1ourney or voyage the offence 'ay e in?uired into or tried y a court through or


15/49

into whose local 1urisdiction that person or thing passed in the course of that 1ourney or

voyage, u2sec.10.). 3lace of trial for offences tria$le together#- (ec.19 sa%s> where the offence co''itted y

any person are such that he 'ay e charged with and tried at one trial for each such offence y

virtue of the provisions of seec.+$> or sec.++5 or sec.++$. The offence or offences co''itted y

several persons are such that they 'ay e charged with and tried together y virtue of the

provision of sec.++:.Case!3ursottam "almi%a +2s (tate of W.F.-1/'1.@. !ffences Committed !utside India#- 9hen offences is co''itted outside India y a citizen of

India, whether on the high seas or elsewhere or y a person not eing such citizen on any ship or

aircraft registered in India, he 'ay e dealt with in respect of such offence as if it had een

co''itted at any place in India at which he 'ay e found.

/. "iscuss the pro+isions as to maintenance of 3u$ic order tranEuilit% in the case of 3u$lic

nuisances.

INT!"UCTI!N! " The cases of pulic nuisance which sec.100of Cr. P. Code deals only for

the pulic cases not in the nuisance of private cases. These cases are referred to Civil Courts.

The proceeding under section $:: should e taken when in case of e'ergency where pulic shall

e put to great inconvenience and shall suffer an irreparale in1ury. It can also e taken where the

ostruction or nuisance has een in e2istence for a long period. (ec. 100e'powers a agistrate

to take action where there has een invasion of pulic rights. (e cannot proceed when e2istence

of pulic right is denied.1. (cope of (ection 100!" The unlawful ostruction or nuisance to any way river or channel

lawfully used y the pulic or to pulic place. The conduct of any trade or occupation or the

keeping of any goods or 'erchandise in1urious to the health or physical co'fort of the


16/49

co''unity. # uilding, tent or a structure or tree as is likely to fall and cause in1ury to persons.

Gnfenced tank, well near a pulic way or place and a dangerous ani'al re?uiring destruction.In (hri am +2s (tate of U.3.-1//&! agistrate passed the order to re'ove the construction on

pulic path. The opposite party denied the e2istence of pulic path itself. It was held that failure

on the part of agistrate to record whether such denial was correct or not would 'ake the order

of re'oval illegal.

In Aachrulal Fhagirath 7garwal +2s (tate of aharashtra-&9 ! The allegation was that red

chilies were stored in godown in residential locality and loading unloading thereof was causing

physical disco'fort and in1ury to the health of people in the locality. The su divisional

'agistrate upon considering evidence of residents in locality ca'e to conclusion that people in

general suffered. It was held that *0 should conduct in?uiry on the asis of reliale evidence

and take action accordingly.

In unicipal Council atlam +2s Vardhichand and others-1/! *upre'e Court e2a'ined

the scope of section $:: and held that where there e2isted a pulic nuisance in a locality due to

open drains, heaps of dirt, pits and pulic e2cretions y hu'an for want of lavatories and

conse?uential reeding of 'os?uitoes. The court further held that the Cr.P.C operates against

statutory odies and other regardless.

&. (er+ice or Notification of order!" The order should e served to the person for who' it is

'ade in the 'anner provided for the service of a su''ons. If such order cannot e served it

shall e notified y procla'ation pulished in such 'anner as the *tate 7overn'ent 'ay y

rules direct and a copy of the sa'e e stuck up at such place or places as 'ay e fittest for

conveying the infor'ation to such person under section 109of the this code.

0. 3erson to whom order is addressed to o$e% or showcause! " U2(-10=, on asis of

instructions given in the order the person who' the order is given shall perfor' within the ti'e

and in the 'anners specified in the order. CaseNagar:una 3aper ills 8td. +2s (.". ; .".

!fficer-1/) it was held that the water act has not taken away the power of *.0..

under section 100and he can pass order under sect.10'to close a factory causing pollution when

appreciation certificate is not produced.9. ConseEunces of his failing to do so!" Provisions have een 'ade insec.10'that if such

person does not perfor' such act or appear and show cause, he shall e liale to the penalty

prescried in that ehalf in sec. $@@ of the IPC and order shall e 'ade asolute.

=. 3roceedure where e


17/49

channel or place, the agistrate shall on the appearance efore hi' of the person against who'

the order was 'ade. # case of (antosh Aumar sharma+2s oti lal ahawar-1//0, it was held

that it is asolutely clear that the 82ecutive agistrate efore taking recourse to the proceedings

laid down under sec.10).

'. 3rocedure where he appears to show-cause#- U2s 10 , the 'agistrate is ound to take

evidence as in a su''on case. If on taking evidence the 'agistrate is satisified that it is

reasonale and proper he can 'ake the conditional order asolute otherwise further proceedings

'ay e stopped.

). 3ower of magistrate to direct local in+estigation and e


18/49

to defend several unconnected charges or distinct offences lu'ped together in one charge or in

separate charges. 9e will read the rules relating to 1oinder of charges descried in different part

of this section. There is no e2ception to the rule that there should e separate charge for each

offence. The detail study of this section is as under!"

"45INITI!N#" For every distinct offence of which any person is accused there shall e a

separate charge and every charge shall e tried separately. 9here the accused person y an

application in writing, so desires and the agistrate is of opinion that such person is not likely to

e pre1udiced therey, agistrate 'ay try together all or any nu'er of the charges fa'ed

against such person.1. 4ffect of Contra+ention of (ec.&1!" The effect of the contravention of the provisions of this

sec. has een considered y the *upre'e Court in following nu'er of cases!" (ushil Aumar

+2s *o% (hanDar-1/)1! It was held that charges under %5@ and %33# of IPC could e tried

together. In this case several persons accused on several ite's of e'ezzle'ent were tried

1ointly. There was no failure of 1ustice in conse?uence of the 1oinder of charges had occurred. In

V.N. A7"7 +2s "48,I UNICI378IT-1/)0! It was held, Hthat the provisions of sec.

&1 to &&9would indicate that separate charge and separate trial for such distinct offence is the

nor'al rule and 1oint trial is an e2ception when the accused have co''itted separate offence.

&. 5ailure to 4


19/49

1/0=>with the sa'e it was necessary to ascertain whether they are so connected together as to

constitute a whole which can properly e descried as a transaction.=. Where it is dou$tful what offence has $een committed ! " (ec.&&1provides for the cases

where it is doutful what offence has een co''itted. It applies to the cases in which the facts

are not doutful ut the application of law to the facts is dou$tfulas held in a case of 7$dul

,amid -1/0=. This sec. applies where the dout is aout the nature of the offence and not aout

the facts as held in case *atinder Aumar +2s (tate of "elhi-1//&.'. When the offence pro+ed included in offence charged# - (ec.&&&considered the conviction of

'inor offence included in the offence charged in either of two cases, where the offence charged

consists of several particulars and co'ination is proved ut the re'aining particulars are not

proved as held in aung Fa +2s the Aing-1/0. #nd where the facts are proved which reduce

the offence charged to a 'inor offence as held in case of, 4mperor +2s7$dul Waha$-1/9=.

). What persons ma% $e charged :ointl%#- Gnder sec.++: 1oint trail of several persons is

per'issile and applies only to trials and not to in?uires. # 1oint trial of several persons under

this section is not vitiated 'erely y the facts that at the end of the trial the facts found happen to

e different fro' those on the asis of which the charges were originally fra'ed as held in case

ofTriloDchand +2s e


20/49

'atter does not co'e directly for trial efore the Court of *essions. *uch 'atter is co''itted for

trial to Court of *ession. #ny 'atter is co''itted to Court of *ession when it has the e2clusive

1urisdiction to try such offence.

1. C!N"UCTI!N !5 TI78!" In every trial efore a Court of *ession, the

prosecution shall e conducted y a Pulic Prosecutor as laid down insec.&&=of the code.&. !34NIN6 T,4 C7(4 5! 3!(4CUTI!N!" 9hen the accused appears or

rought y efore the Court in pursuance of a co''it'ent of the case under section +5> the

prosecutor shall open his case y descriing the charge rought against the accused and stating

y what evidence he purposes to prove the guilt of the accused under sec. &&' of Cr. 3. C.case

of ,uDam (ingh +2s (tate of a:asthan-&1.

0. "I(C,764# - If upon the consideration of the record of the case and the

docu'ents su'itted therewith and after hearing the su'ission of the accused and the

prosecution in this ehalf, the -udge considers that there is not sufficient ground for proceeding

against the accused he shall discharge the accused and record his reasons for doing so. #s held in

caseof T.V.(harma +2s .eeriah-1/. It is called charge argu'entsA court has to consider the

co'plete case carefully efore giving order to discharge (tate of *;A +2s omeshchandra-

1//). These are the provisions of sec.&&).

9. 5raming of charge# - 9hile fra'ing charges court shall only see that there is a pri'a

facie case against accused or not. #t this 1uncture there is no need for praising witnesses as held

in case of (tate of .3. +2s (.F. *ohri-&. 9here the 1udge fra'es any charge, the charge

shall e read and e2plained to the accused and accused shall e asked whether he pleads guilty of

the offence charged or clai's to e tried as provided in section && of Cr. 3.C.

=. Con+iction on 3lea of 6uilt%! " If the accused pleads guilty the 1udge shall record the

plea and 'ay in his discretion convict hi' thereon. The plea of guilty only a'ounts to an

ad'ission that the accused co''itted the acts alleged against hi'. It was held in case of T%ron

NaGarath +2s (tate of aharashtra-1//. This is 'ore so in case persons tried 1ointly when

so'e plead guilty and the others clai' to e tried, case of Fantra Aun:ana-1/'. These are

provisions availale in sec. &&/ of Cr.3.C.'. "ate for 3rosecution 4+idence#- If the accused refuses to plead or does not plead or

clai's to e tried or is not convicted under sec.&&/, the -udge shall fi2 a date for the e2a'ination

of witnesses and 'ay on the application of the prosecution issue any process for co'pelling the

attendance of any witness or the production of any docu'ent or other thing. Case uDipad

andal +2s 7$dul *a$$ar-1/)0> it is the duty of court to take all necessary steps to co'pel the


21/49

attendance of witnesses. The accused cannot e ac?uitted on the ground of failure of the

witnesses to appear efore the court, under sec. &0.). 4+idence for 3rosecution#" On the date fi2ed, the 1udge shall proceed to take all such

evidence as 'ay e produced in support of the prosecutionsec.&01. when any witness appears

efore the court there shall e no delay as possile in his e2a'ination ut if any delay happens

in the e2a'ination of any witness the 'erely on this ground the prosecution 'atter cannot e

suspended case of Funt% urf 6uddu +2s (tate of .3-&9.. 7cEuittal# - If after taking the evidence for the prosecution e2a'ining the accused

and hearing the prosecution and he defence on the point the -udge considers that there is no

evidence that the accused co''itted the offence the 1udge shall record an order of ac?uittal

undersec. &0&. The accused can either e convicted or ac?uittal ut not discharged.

/. 4ntering Upon "efence #" 9here th accused is not ac?uitted under sec.+:+ he shall

e called upon to enter on his defence and adduce any evidence he 'ay have in support thereof.

It the accused puts in any written state'ent the 1udge shall file it with the record. If the accuse

applies for the issue of any process for co'pelling the attendance of any witness or production of

any docu'ent or thing the 1udge shall issue such person unless he considers such application for

the purpose of ve2ation or delay or for defeating the ends of 1ustice. Case (tate of 3 +2s Fadri

ada+-&'.These are the provisions in sec.+::.1. 7rguments#" 9hen the e2a'ination of witnesses for the defence is co'plete the

prosecutor shall su' up his case and accused shall e entitled to reply. 0uring his process where

any point of law is raised y the accused the prosecutions 'azy with the per'ission of 1udge

'ake his su'issions with regard to such point of law under sec. &09. It is called argu'ents.

11. *udgment!"#fter hearing oth the parties the 1udge shall give a 1udg'ent in the case

under sec.&0=.Case!7lluddin ian (harif ian +2s (tate of Fihar-1//.

1&. 3re+ious Con+iction# - If the accused is charge of previous conviction and the accused

does not ad'it that then 1udge 'ay take evidence in respect of the alleged previous conviction

and record a finding thereon undersec. &0'.

10. 3rocedure in cases instituted under (ec. 1//#-(ec.&0) of the code provides the

procedure for trial of such 'atters which have een instituted under sec.$>> /+). (ec.1//

B&provides for prosecution of defa'ation 'atters. If any 'atters of defa'ation is alleged to

have een co''itted against the President of India, Jice"President, 7overnor of *tate,

#d'inistrator of GT, inister of Gnion or *tate or #ny other Pulic servant. If during trial court

finds scope of ac?uittal he 'ay pass such orders.


22/49

1&. 5or e+er% distinct offence of which an% person is accused there shall $e a separate

charge and e+er% such charge shall $e tried separatel%. 4


23/49

4ffect of 4rrors# - (ection &1=of the code says that there should e no error in stating either the

offence or the particulars re?uired to e stated in the charge, there should also e no o'ission to

state the offence or those particulars which at any stage of the case as 'aterial unless the accused

was in fact 'isled y such error or o'ission which 'ay results the failure of 1ustice. Then such

charge shall e considered faulty and the trial on the asis of such charge shall also e faulty.

Court a% alter the charge! Gnder sec.&1', any court 'ay alter or add to any charge at any

ti'e efore the 1udg'ent is pronounced.ecall of Witnesses when charge altered!" under section &1), whenever the charge is altered or

added to y the Court after the co''ence'ent of the trial the prosecutor and the accused shall

e allowed to recall or re"su''oned and e2a'ine the alteration and addition any witness who

'ay have een e2a'ined.

(eparate charges for distinct offence! " The o1ect of sec.+$@ is to ensure a fair trial and to see

that the accused is not ewildered y having een asked to defend several unconnected charges

or distinct offences lu'ped together in one charge, case of 7fta$ 7hmad Ahan +2s (tate of

,%dra$ad-1/=9.

(ame offences of same Dind within one %ear ma% $e charged together ! "sec. &1/provides that

offences punishale under sec.0)/ and 0 I3Cshall e dee'ed to e offences of the sa'e

kind. Cri'inal reach of trust and falsification of accounts, when the offence is co''itted y a

single accused and is not applicale where several persons are tried 1ointly.Trial for than one offence#- (ec.&&provides If in one series of acts so connected together as

to for' the sa'e transaction, 'ore offences than one are co''itted y the sa'e person, he 'ay

e charged with, and tried at one trial for every such offence. Case *tate of iahar v6s *i'ran1it

*ingh"$>@3.

5raming of charge where it is dou$tful what offence has $een committed !" sec.&&1of the

code provides for the fra'ing of charge in those 'atters where there is dout of what offence has

een co''itted. In such 'atters, charge shall e fra'ed as follows!"#ll offences co''itted as a result of the nature of #ct.

#ll or any of such offences charged in the alternative with having co''itted so'e one of the

said offences. 6o+erdhan +2s Aanilal-1/=0.When offence pro+ed included in offences charged!" 9hen a person is charged with an

offence consisting of several particulars or an offence and facts are proved which reduce it to a

'inor will e convicted of the 'inor, case of (tate of aharashtra +2s a:endra *awanmal

6andhi-1//)> (angaro$ina (reenu +2s (tate of 7.3.-1//). These are the provisions of *ec.+++

of the code.


24/49

Withdrawal of remaining charges on con+iction on one of se+eral charges#- (ec.&&9of the

code says that when a charge containing 'ore heads than one is fra'ed against he sa'e person

and when a conviction has een had one or 'ore of the' the applicant or prosecution with the

consent of court withdraw the re'aining charges or court of its own accord 'ay stay the in?uiry

or trial.

10. "ifference $etween procedure of trial for warrant case and (ummon Case?

INT!"UCTI!N# - Police report is defined in this Code and according to these provisions

KPolice report 'eans a report forwarded y a police officer to a agistrate under sec. $3: of the

code. 9hen in any warrant case instituted on a police report the accused appears or is rought

efore a agistrate at the co''ence'ent of trial. agistrate shall satisfy hi'self that he has

co'plied with provision of the code.

There are two categories in which the cri'inal cases can e classified on the provisions laid

down in the code!"

i) (ummon Case!" 0efinition of su''on case is given in (ec.&B 7ndhra3radesh-1/).

The issue of su''on or warrant in any case does not change the nature of the case, supposing

warrant is issued in a su''on case is does not 'ake the case a warrant case, in case of

Pada'nath v6s #h'ad 0oi"$>35.

7. 3rocedure of trial of Warrant Case!" lays down the procedure for a warrant case!"

i Cases must $e instituted upon police report!"(ec.&0of the code lays down the procedure

of trial of warrant cases instituted upon police report and according to it procedure of trial is as

under !"

a) Copy of the police report and other docu'ent to e provided to the accused on institution of any

warrant case when the accused appears or rought efore a 'agistrate at co''ence'ent of the

trial.) "ischarge of accused on groundless charges! " On receiving the police report B other

docu'ents and providing of the accused the 'agistrate shall consider the each report. (e shall

provide reasonale opportunity of hearing to accused and prosecution /it is co''only called


25/49

charge argu'ent)A the 'agistrate shall e2a'ine the accused if necessary. If the 'agistrate finds

that the charge against the accused is groundless he shall discharge the accused under sec.&0/.

(e will also check the pri'a facie of the case. Case of (tate +2s (itaram "a%aram-1/=/.

c) 5raming of charge!"If the 'agistrate is of the opinion that there is a ground for presu'ing that

the accused has co''itted an offence and is co'petent to try such offence which can ade?uately

punish the accused in his opinion. Then the charge shall e fra'ed against the accused in writing

and trial will start. Case of Col.(.Aash%ap +2s (tate of a:.-1/)1.d) Con+iction of plea of guilt%!"if the accused pleads guilty the 'agistrate shall record the plea

and 'ay in his discretion convict hi'.

e) 4+idence for prosecution! " If the accused refuses to plead guilty and clai's to e tried, the

'agistrate shall fi2 a date for the e2a'ination of the witnesses, u6s +%+, and case (tate +2s

(uwa-1/'&.

f) 4+idence for defence!" u2s &90on co'pletion of prosecution witnesses, defence witnessesproduces y the accused, the e2penses on co'pelling the attendance of the witnesses shall e

orne y the accused.

F. Cases instituted otherwise than upon police report! " The procedure of trial forsummons

casesis less rief in nature.ii There is no need of fra'ing of for'al charge in su''ons cases.

iii #ccused can e convicted or ac?uitted.

i+ *u''ons case cannot e reopened after co'pleted once.+ Co'plainant can withdraw his co'plaint in su''ons case. Its effect would e ac?uittal of

accused.

+i In su''on cases su''ons are generally issued to the accused.+ii #ccused is not re?uired to e heard on the ?uestion of sentence in su''on case.

+iii In su''on cases there is no need of argu'ents generally efore sustance prosecution.

i


26/49

19. "iscuss in $rief the general pro+isions as to inEuiries and trails under the Criminal

3rocedure Code-1/)0.

INT!"UCTI!N# -# agistrate within whose local 1urisdiction the offence is co''itted is

co'petent to take cognizance and to try the case. # agistrate has no 1urisdiction to take

cognizance of a case which has wholly een co''itted outside his 1urisdictional li'its. The

1urisdiction of the 'agistrate does not co'e to an end y transfer of the locality, where the cri'e

was co''itted to another district. The followings provisions are laid down in the code!"

1. !rdinar% place of inEuir% and trial! " 8very offence shall ordinarily e in?uired into and tried

y a court within whose local 1urisdiction it was co''itted. 9ord ordinarily 'eans e2cept in the

cases provided hereinafter to the contrary. Gnder sec. 1))of the code. Case of amnara%an

Dapur-1/0' and Nurumal +2s (tate of Fom$a%-1/'.

&. 3lace of inEuir% or trial# - 9here an offence is co''itted partly in one local area and partly in

another or is a continuing one and continues to e co''itted in 'ore local areas than one and

where it consists of several acts done in different local areas court having 1urisdiction over any of

such local areas, under sec.1)of the code. Case ,ira8al +2s 4mperor-1/9'.

0. !ffence tria$le where act is done or conseEuence ensues#-9hen any act is an offence y

reason of anything which has een done and of conse?uence which has ensued the offence 'ay

e in?uired into or tried y a Court within whose local 1urisdiction such thing has een done or

such conse?uence has ensued under sec.1)/of the code. (tate +2s "hula:i Fa+a:i-1/'0.

9. 3lace of trial where act is an offence $% reason of relation to other offence#-9hen an act is

an offence y reason of its relation to any other act which is also an offence or which would e

an offence it the doer were capale of co''itting an offence the first 'entioned offence 'ay e

in?uired into or tried y a court within whose local 1urisdiction either act was done,

under sec.1of the code.

=. 3lace of trial in case of certain offences# -9here it is difficult for the co'plainant to find out

as to where the 'isappropriation actually occurred 1urisdiction lies at the place where the

property had to e delivered. *ec.%$5 of IPC gives a wide 'eaning to stolen property. These are

the provisions ofsec.11of the code. Case of 4mperor +2s 8a


27/49

'. !ffences committed $% letters etc.#- (ec.1& of the code sa%s that> #ny offence which

includes cheating 'ay if the deception is practiced y 'eans of letters or teleco''unication

'essage e in?uired into or tried y any court within whose local 1urisdiction. Case Fhola nath

+2s (tate-1/&.

). !ffence committed on :ourne% or +o%age# (ec. 10provides that the e2pression 1ourney B

voyage under this section does not include a voyage on the high seas or in a foreign territory of

India. Case of Lueen +2s 3iran-1)9.. 3lace of trial for offences tria$le together# - There are provisions in thesection 19of the

code that where an offence is co''itted in pursuance of conspiracy, the court having 1urisdiction

to try that offence 'ay try the offence of conspiracy even if it was co''itted outside its

1urisdiction. Case ;.N.uDer:ee +2s (tate of adras-1/'1.

/. 3ower to order cases to $e tried in different sessions di+isions# -=otwithstanding anything

contained in the preceding provisions, the state govern'ent 'ay direct that any cases co''itted

for trial in any district 'ay e tried in any session division, under sec.1=. Case of (updt. !f

3olice +2s 5eroGuddin Fasheeruddin-1//0.

$5.,igh Court to decide in case of dou$t> where inEuir% or trial shall taDe place#-

(ec.1'provides that where two or 'ore courts have taken cognizance of the sa'e offence and a

?uestion arises as to which of the' ought to in?uire into or try that offence this will e decided

y the (igh Court.$$.3ower to issue summons or warrant for offence committed $e%ond local

:urisdiction #- 9hen a 'agistrate of first class sees reason to elieve that any person within his

local 1urisdiction has co''itted outside 1urisdiction an offence which cannot under the

provisions of sections or any other law for the ti'e eing in force e in?uired into or tried within

his local 1urisdiction and co'pel the person to appear efore hi' or send hi' to the agistrate

under whose 1urisdiction the offence is co''itted> under sec.1).

$+.!ffence committed outside India#- (ection l of the code says that when an offence is

co''itted outside India y a citizen of India whether on the high seas or elsewhere and also y a

person not eing such citizen on any ship or aircraft registered in India. (e 'ay e dealt with in

respect of such offence as if it had een co''itted at any place within India at which he 'ay e

found. Case of 4mperor +2s aganlal-1&.

$:.eceipt of e+idence relating to offences committed#-(ec. 1/of the code says that, when an

offence alleged to have een co''itted in a territory outside India is eing in?uired into or tried

under the provision of sec. 1, the court holding such in?uire or trial in any case in which such


28/49

court 'ight issue a co''ission for taking evidence as to the 'atters to which such depositions

or e2hiits relate.

G=IT" IJ

1= What do %ou mean $% *udgment? What are the contents of :udgment? "iscuss the

powers of ,igh court to confirm death sentence?

INT!U"CTI!N! " #fter hearing oth the parties the -udge give a 1udg'ent in the case. The

1udge'ent in every trial in any cri'inal court of its own 1urisdiction shall e pronounced in the

open court y the presiding officer i''ediately after the ter'ination of the trial or at so'e

suse?uent ti'e of which notice shall e given to the parties or their pleaders.1. (ection 0=0 of the cr. procedure code-1/)0 pro+ides#-The 1udg'ent in every trial in any

cri'inal court in its own 1urisdiction shall e pronounced in open court y the presiding officer

i''ediately after the ter'ination of the trial or at so'e suse?uent ti'e of which notice shall e

given to the parties or their pleaders. Case 7nthon% +2s (tate-1//0. It was also held in a case

of elchuri anohar +2s (tate of 7.3-&=, that electronic 'edia cannot provide any guiding

factors.

&. 8anguage and contents of *udgment# - That every 1udg'ent shall e written in the language

of the Court. It 'ay also contain the point or points for deter'ination, the decision thereon and

the reasons for the decision, as provided in sec. 0=9of the code. Case of am Fali +2s (tate of

U.3. -&9. The language and the contents of the 1udg'ent 'ust self"contained and 'ust also

show that the court has applied its 'ind to the facts and the evidence, as held in case

of Niran:an V2s (tate -1/). 5ailure to signingof 1udg'ent at the ti'e of pronouncing it is

only a procedural irregularity curale as per instructions provided in the code.

0. *udgment of etropolitan agistrate#" That instead of recording a 1udg'ent in the 'anner

provided a 'etropolitan 'agistrate shall record the serial nu'er of the case, the date of

co''ission of the offence along"with the na'e of the co'plainant. The na'e of the accused

person his parentage and residence 'entioning the plea and e2a'ination of accused. The date of

final order 'ay also e recorded as provisions laid down in sec.0==.


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9. !rder for notif%ing address of pre+iousl% con+icted offender! " (ec. 0='of the code

provides that, when any having een convicted y a court in India of an offence punishale. If

such conviction is set aside on appeal or otherwise such order shall eco'e void. *tate 7ovt.,

can 'ake rules to carry out the provisions relating to the notification of residence.

=. !rder to pa% compensation!"The ?uantu' of co'pensation is to e deter'ined y taking

into consideration the nature of the cri'e, in1ury suffered and the capacity of the convict to pay

in case of anish *alan +2s (tate of AarnatDa-&). These are the provisions of thesection

0=).

'. (cheme for compensation to +ictim#-In every state with the coordination with the central

7ovt., shall prepare a sche'e for providing funds for the purpose of co'pensation to the victi'

or his dependents who have suffered loss or in1ury as a result of the cri'e and who re?uire

rehailitation under sec.0=)7.

). Compensation to persons groundlessl% arrested#"(ec. 0=provides that whenever any

person causes a police officer to arrest another person if it appears to the agistrate y who' the

case is heard that there was no sufficient ground of causing such arrest. The agistrate 'ay

award such co'pensation not e2ceeding $5556" rupees as held in case of 3armod Aumar +2s

6oleDha1/'.

. !rder to pa% costs in non-cogniGa$le cases# - (ec.0=/ says that whenever any co'plaint of a

non"cognizale offence is 'ade to a court, the court if it convicts the accused can order to pay

the penalty along"with cost incurred y the co'plainant and in case of default of pay'ent the

accused can sentence si'ple i'prison'ent for a period not e2ceeding :5 days./. !rder to release on pro$ation of good conduct after admonition#-(ec.0' says that this

section is a piece of eneficent legislation. It applies only to first offenders. It enales the court

under certain circu'stances to release the accused who has een convicted on proation of good

conduct as in a case of Ved 3arDash +2s (tate of ,ar%ana-1/1.

1. (pecial reasons to $e recorded in certain cases# - 9here in any case the court could have

dealt with an accused person under the provisions of offenders #ct a youthful offender 'ay tried

y any other law for the ti'e eing in force for the treat'ent training or rehailitation of

youthful offenders as held in case ofNanna +2s (tate of a:asthan-1//> under sec. 0'1.

11. Court not to alter *udgment#- 7ccording to section 0'& of the code that any other law for

the ti'e eing in force no court when it has signed its 1udg'ent or final order disposing of a case

shall alter or review the sa'e e2cept to correct a clerical or arith'etical error> case of Naresh ;

others +2s (tate of U.3.-1/1.


30/49

1&. Cop% of the :udgment to $e gi+en to the accused and other persons# - (ection 0'0 says

that a copy of the 1udg'ent shall i''ediately after the pronounce'ent of the 1udg'ent e given

to hi' free of cost, as held in case of8adli 3arsad utsi-1/0&.

10. *udgment when to $e translated# - (ec.0'9provides that the original 1udg'ent shall e

filed with the record of proceedings and where the original is recorded in different language fro'

that of court and so re?uires it 'ay e translated in to the language of the Court.

19. Court of (ession to send cop% of finding and sentence to "istrict agistrate# - In the

case tried y the court of session or a C- the court or such 'agistrate as the case 'ay e shall

forward a copy of its or his finding and sentence if any to the 0istrict agistrate as said in sec.

0'= of the code.

19 (u$mission of death sentences for confirmation#-(ec.0''9hen a Court of *ession passes a

sentence of death the proceedings shall e su'itted to (6C, it cannot e e2ecuted unless it is

confir'ed y (6C. (ec.0)1procedure laid down that the Proper officer without delay after the

order of confir'ation or other order has een 'ade y (6C send a copy of the order under seal of

(6C duly attested to *.Court

1' 4


31/49

appeal against the sentence on the ground of its inade?uacy to Court of *ession if the sentence is

passed y the agistrate or to the (6C if the sentence is passed y any other Court. 9hen an

appeal is filed against the sentence on the ground of its inade?uacy court shall not enhance the

sentence e2cept after giving to the accused a reasonale opportunity of sowing cause against

such enhance'ent. Case ofNadir Ahan +2s (tate-1/)'.

9. 7ppeal in case of 7cEuittal!" In an appeal against ac?uittal undersec.0)the (6C has full

power to review at large the evidence on which the ac?uittal is ased and to reach the conclusion

that the order of ac?uittal should e reversed as held in case of ohandas +2s (tate of 3-

1/)0, ut e2ercising his power the (6C should give proper weight and consideration to the view

of the trial 1udge as to the crediility of witnesses, presu'ption of innocence in favour of the

accused. #nd a right of the accused to the enefit of any dout. It was also held in (tate of U.3.

+2s 6am$ir (ingh-&=case of appeal against ac?uittal if on sa'e evidence two views arepossile, the one in favour of accused 'ust e preferred."uring the hearing of appealfro' the order of ac?uittal it should e taken into consideration

that there is no 'iscarriage of 1ustice, case 7llahraDha A. ansuri +2s (tate of 6u:rat-&&.

The order of acEuittal cannot $e dismissed 'erely on the ground that a second approach could

have een applied in the case and it 'eans that the accused could have een convicted on

considering another view a case of Chandra (ingh +2s (tate of 6u:rat-&&.=. 7ppeal against con+iction $% ,2C in certain cases #-9here an (6C has on appeal reversed an

order of 'anifest on record of ac?uittal of an accused person and convicted hi' and sentenced

hi' to death or to i'prison'ent for life or to i'prison'ent for a ter' of ten years or 'ore, he

'ay appeal to the *upre'e Court under sec. 0)/.

. (pecial right of appeal in certain cases#- In (hingara (ingh +2s (tate of ,ar%ana-

&9> when 'ore persons than one are convicted in one trial and an appealale 1udg'ent or

order has een passed in respect of any of such persons, under section 0.

3. 7ppeal to court of session how heard#- #ppeal to the court of session shall e heard y the

sessions 1udges or y #*- u6s :@$.

@. 3etition of appeal#-8very appeal shall e 'ade in the for' of a petition in writing presented y

the appellant or his pleader u6s :@+.

0IFF848=C8 8T988= #PP8#; B 48JI*IO=

#PP8#;

$. #ny person convicted on a trail held y (6C

'ay appeal to *6C.

48JI*IO=

$. The correctness, legality or proprietary of any

finding sentence or order of any lower court.

+. The regularity of any proceedings of such court.


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+. #ny person convicted on a trial y a *ession

1udge or on a trial held y any other court for

'ore than 3 years 'ay appeal to the (igh Court:. #ny person convicted on a trial held y

'etropolitan agistrate or agistrate Ist. Class

'ay appeal to *ession -udge.

%. If the appellant is in 1ail he present his petition

of appeal through Officer I6c 1ail.&. Pending an appeal y accused person the

appellate court shall suspend the e2ecution of

order of sentence B if he is in confine'ent he e

released on ail.

:. The powers of revision cannot e used through

interlocutory orders.

%. 0uring the hearing of 4evision argue of the

person applying for revision should e

considered seriously even though it they are too

rief. Case Pal 7eorge v6s state"5+.

1)# What is $ail? (tate the pro+isions of Fail under Cr.3.C. Can a person get order to $e

released on Fail without :udicial or 3olice custod%? efer case law.INT!"UCTI!N#-It is travesty of 1ustice that 'any poor accused i.e. Klittle Indians< are forced

into long cellular servitude for little offences ecause the ail procedure is eyond their 'eagre

'eans and trails don


33/49

i Faila$le offences# -ailale offences are of general nature and in these offences it is right

of accused to e released on ail.(ec.90'of Cr.P.C. pertains to ailale offences.ii ii Non-ailale offences! " These offences are of severe nature and ail cannot e clai'ed as

right in the'. In such cases ail depends upon the discretion of the court. *ec. %:3 relates to

=on"ailale offences.$. 6rant of Fail in Non-$aila$le offences#" (ec. 90)provides that when any person accused of

or suspected of co''ission of any non ailale offence is arrested or detained without warrant

y an Officer I6C of a Police station or appears or is rought efore a court other than the (igh

Court or court of *ession he 'ay e released on ail. Thussection 90)e'powered a agistrate

to take ail in non ailale offences. The provision of this 'akes it clear that ail in non ailale

offences depends upon the discretion of the court.

i When $ail shall $e granted#" sec.90) B1lays down two situation in which ail shall not e

granted y 'agistrate!$) reasonale grounds for elieving that he has een guilty of offence

punishale with death or i'prison'ent for life. +. 9hen offence is cognizale and he had een

convicted with death, i'prison'ent for life or i'prison'ent for 3 years or 'ore or he has een

convicted on two or 'ore occasion.ii There are e


34/49

9here any person has reason to elieve that he 'ay e arrested on accusation of having

co''itted a non"ailale offence he 'ay apply to the (igh Court or the Court of *ession for a

direction under sec. 90that in the event of such arrest he shall e released on ail.

MIt was held in 7dri "haram dass +2s (tate of W.F-&=A it was held that it is e2ercised in case

of an anticipated accusation of non"ailale offence. The o1ect of this section is that the 'o'ent

a person is arrested if he has already otained an order fro' (igh court of Court of *ession he

shall e released i''ediately on ail without eing sent to 1ail.MIt was also held in Vaman Narain 6hi%a +2s (tate of a:asthan-&/ , direction u2s 90that

the applicant shall e released on ail whenever arrested for whichever offence whatsoever such

a lanket order should not e passed.

It was further oserved that direction under sec.%:@ is to e issued at pre"arrest stage, with so'e

conditions!"

i) That the person shall 'ake hi'self availale for interrogation y a Police officer as and whenre?uired. ii) The person shall not directly or indirectly 'ake any induce'ent, threat or pro'ise to

any person ac?uainted with the facts of the case. iii) That the person shall not leave India without

the previous per'ission of the court. iv) If such person is thereafter arrested without warrant y

Police on such accusation and is prepared either at the ti'e of arrest or at any ti'e while in the

custody of police station to give ail, he shall e released on ail.

1#-"iscuss the pro+isions relating to re+ision to criminal cases. Can ,igh Court e


35/49

angal 3rasad and another-&> it was held that trial court is not found to e passed without

considering relevant evidence or y considering irrelevant evidence.In a case ofFadri 8al +2s (tate of .P."1//! The powers under this section are undoutedly

wide and the *ession -udge can take up the 'atter suo 'otu, it 'ust e seen that the cri'inal law

is not used as an instru'ent of private vengeance.Auldeep (ingh +2s (tate of .3.-1//! It was held that the order fra'ing charge could not e

lightly interfered with in revision.In +inod Dumar +2s ohawati"1//# That the court of *ession has si'ilar powers as of (igh

Court in revision and as the (igh Court is authorized to take additional evidence in revision.

In6ram (a$ha 8aDhanpur +2s am "e+"1//0!" It was held that the co'plainant 'ay or 'ay

not have a legal right of eing heard ut the rule of prudence and natural 1ustice re?uires that the

aggrieved party 'ust e afforded an opportunity of hearing.In a case of aha+ir singh +2s 4mperor-1/99#The regularity of any proceedings of such

inferior court where the finding sentence or order is illegal or i'proper and where the

proceedings are irregular.Case of T.F.,ariparsad +2s (tate-1/)), it was held that the powers of revision cannot e used

through interlocutory orders passed in any appeal in?uiry, trial or other proceedings under sec.

0/)B&.

In a case of 3aul 6eorge +2s (tate-&&, it was held that during the hearing of 4evision argue

the person applying for revision should e considered seriously even though if they are too rief.+. !rder of InEuir%!" *ec. :>@ of the code provides powers of issuing order of in?uiry to

(igh Court or court of *ession. #ccordingly on e2a'ining any record under sec.0/)or otherwise

the (igh Court or *ession -udge 'ay direct C- y hi'self or y any of agistrate suordinate

to hi' to 'ake in?uiry of any co'plaint which has een dis'issed under sec.+5: or the case of

any person accused of an offence who has een discharged.

0. 3owers of e+ision of Court of (ession ! " *ec.:>> provides powers of revision to court of

session in the case of any proceeding the record of which has een called for y hi'self. The

session 1udge 'ay e2ercise all or any of the powers which 'ay he e2ercised y the (igh Court.

9here an application for revision is 'ade y or on ehalf of any person efore the session

1udge the decision of the session 1udge shall e final and no further proceedings y way of

revision a the instance of such person shall e entertained y the (igh Court or any other court.

These powers of revision have een provided to the #ddl. *ession -udge under sec.%55.9. 3owers of e+ision of ,igh Court# - *ec.%5$ of the code provides powers of revision to

(igh Court that in case of any proceeding the record of which has een called y itself or which

otherwise co'es to its knowledge, the (igh Court 'ay e2ercise any of the powers conferred on a


36/49

court of appeal y sec. :@, :@>, :>5 and :>$ or on court of session y sec. :53. Thus during

revision (igh Court shall e ale to e2ercise all powers which an appellate court can do. In case

of Ji'al *ingh v6s hu'an *ingh"$>>@! *upre'e Court restricted the area of revision generally

the order of ac?uittal is not interfered. Powers of revision can e e2ercised in following

situations!"i9here severe illegality has occurred y trial court.

ii) 9here the order of trial court has failed to provide 1ustice.

iii) 9here the trial court has tried a case which fall eyond its 1urisdiction.iv) 9here the trial court has stopped taking evidence unlawfully.

(ere it is pertinent to 'ention that any party has applied for revision elieving that no appeal lies

there ut an appeal lies there then the court shall consider such application for appeal in the

interest of 1ustice u6s %5$/+). The order of ac?uittal cannot e reversed into an order of

conviction in revision as held in case of (ingher (ingh +2s (tate of ,ar%ana-&9> u2s 91B0.=. 3ower of ,igh Court to withdraw or transfer re+ision cases#-whenever one or 'ore

persons convicted at the sa'e trial 'akes an application to (igh Court for revision. The (igh

Court shall direct that the applications for revision 'ade to it e transferred to the *ession -udge

who will deal with the sa'e as if it were an application 'ade efore hi', under sec. %5+ of this

code.'.Cop% of the order to $e send to lowercourt!" (ec. 9=of the code provides that where any

case is revised y (igh Court or court of session, it or he shall in the 'anner provided

y sec.0, certify its decision or order to the court of y which the finding, sentence or order

revised was recorded or passed and the court to which decision or order is so certified shall

thereupon 'ake such orders as are confir'ale to the decision so certified and if necessary

record shall e a'ended in accordance there with.

1/."iscuss the pro+isions of *udgment. Can court alter its own *udgment?

INT!"UCTI!N# -It 'ust contain the 1udg'ent co'es out fro' every trial in any cri'inal

court of its original 1urisdiction which is to e pronounced in open court y the presiding officer

i''ediately after the ter'ination of the trial. -udg'ent can e delivered in whole or the

operative part of the 1udg'ent and e2plaining the sustance of the 1udg'ent in a language which

is understood y the accused. The provisions however are as under!"1. Contents of *udgement#- (ection 0=0 of cr.P.C"$>3: provides that the 1udge'ent in every trial

in any cri'inal shall e pronounced in the open court y the presiding officer 1ust after the

co'pletion of the trail or at so'e suse?uent ti'e which notice shall e given to the parties or


37/49

their advocates. It can e delivered as a whole of the 1udge'ent or can y reading out the of

1udge'ent. If 'ay also e yreading the operative part of the 1udge'ent in such language which

easily e understood y the accused or his advocate.

a8ach and every page of 1udg'ent when it is 'ade should e singed, 'entioning the date of

delivery of the 1udg'ent in open court.$=o 1udg'ent which is delivered y any cri'inal court shall e dee'ed to e invalid y reason

only of the asence of any party or his advocate on the day or place notified for the delivery of

the 1udg'ent.

c #s soon as the 1udg'ent is pronounced a copy of the sa'e i''ediately e 'ade availale for

the perusal of the parties free of cost.dIf the accused is in the custody he shall e rought up to hear the 1udg'ent pronounced. #nd if

the accused is not in custody he shall e re?uired y the court to attend to hear the 1udge'ent

pronounced.e9here there are 'ore accused than one and one or 'ore of the' do not attend the court on

date on which the 1udge'ent is pronounced. Presiding officer to avoid delay in the disposal of

the case pronounce the 1udge'ent even their asence.

+.8anguage ; contents of *udgement#" #ccording to sec.:&% the 1udge'ent should e written

in language of court which contains points for deter'ination, the decision thereon and the

reasons for the decision. If it e a 1udge'ent of ac?uittal, shall state the offence of which accused

is ac?uittal and direct that he e set at lierty. (ec.0=9B0when all the 'urderers are to e

sentenced with death sentence will eco'e a dead law as held in a case ofuniappan +2s (tate

of Tami Nadu-1/1.

: !rder for notif%ing address of pre+iousl% con+icted offender! " 9hen any person having

een convicted y a court in India of an offence punishale which relates to cri'inal inti'idation

with i'prison'ent for a ter' of three years or upwards is again convicted of any offence

punishale Court 'ay order that his residence and any change of such residence after release e

notified. *uch rules 'ay provide for punish'ent for the reach thereof, under sec.:&.

9.!rder to pa% compensation! " 9hen a court i'poses a sentence of fine or a sentence

including sentence of death of which fine for's a part the court 'ay at the ti'e of passing

1udge'ent the whole or any part of fine recovered to e applied. In the pay'ent to any person of

co'pensation for any loss or in1ury caused y the offence when co'pensation is in the opinion

of the court recoverale y such person in a civil court. #t the ti'e of awarding co'pensation in

any civil suit relating to the sa'e 'atter the court shall take into account any su' paid or

recovered ass co'pensation on the provisions laid down in this sec.0=), in case of angilal +2s


38/49

(tate of 3-&9. In (u$e singh +2s (tate of ,ar%ana-&'> is a fit case to award

co'pensation.=. (pecial easons to $e recorded in certain cases#- 7s per pro+isions laid down in sec.0'1

of cr.3.C.>where in any case the court could have deal with an accused person

under sec.0'under the provisions of proation of offenders #ct or a young offender under

children act or any other law for the ti'e eing in force for the treat'ent, training or

rehailitation of young offenders has not done so. It 'ust e recorded in 1udge'ent giving

special reasons for having not done so, as held in a case of (tate of ,imachal 3redesh +2s 8at

(ingh-1//.

'. Court not to alter :udgement#- Provisions lays in thesec. 0'& or y any other law for the

ti'e eing in force, no court when it has signed the 1udge'ent or final order disposing of a case

shall alter or review the sa'e e2cept to correct clerical or arith'etical error. In case of Naresh ;

others +2s (tate of U.3.-1/1.

). Cop% of the *udgement to $e gi+en to the accused ; other persons#-9hen the accused is

sentenced to i'prison'ent a copy of the 1udge'ent shall i''ediately after the pronounce'ent

of the 1udge'ent e given to hi' free of cost. In case of 8adli 3rasad utshi +2s (tate of

7llah$ad-1/01, it was held that even pulic has a right to otain a copy of the 1udge'ent of any

cri'inal court. This has een provided in sec. 0'0 of Cr.3.C.-1/)0.. *udgement when to $e translated# -#s per instructions u2s 0'9it is said that the original

1udge'ent shall e filed with the record of the proceedings and where the original is recorded in

a language different fro' that of the court and the accused so re?uires a translation thereof into

the language of the court shall e added to such record.

/. Court of (ession to send cop% of finding and sentence to "istrict agistrate#- The cases

tried y the court of *ession or a C- the court or such agistrate shall forward a copy of its or

his finding and sentence if any to the 0istrict agistrate within whose local 1urisdiction the trial

was held as provided insec. 0'= of Cr.3.C.-1/)0.

7nal%se the pro+isions of grant of 7nticipator% $ail. Can anticipator% $ail $e allowed in

urder case? If so when?

INT!"UCTI!N# - #nticipatory ail has an i'portant place in the series of ail. Its 'ain

o1ect is to protect the innocent persons fro' arrest undersec. 90of the cri'inal procedure

code"$>3: lays down the provisions regarding grant of anticipatory ail.


39/49

L What is 7nticipator% Fail#" In"spite of the fact that the Cr.P.C., has not defined #nticipatory

ail ut it 'eans that when a person has a reason to elieve that he 'ay e arrested on

accusation of having co''itted a non"ailale offence, he 'ay apply to (igh Court or to the

court of *ession that in the event of such arrest he shall e released on ail at that ti'e it is

anticipatory ail. It is also called #pprehension ail on the asis of provisions laid down in sec.

90 of cr.3.C.

L !$:ect of the 7nticipator% Fail!" The o1ect of #nticipatory ail is to protect a person fro'

arrest. # person against who' a warrant of arrest has een issued shall first e arrested kept in

custody for few days and then released on ail, it 'eans where there is no purpose for the arrest

he shall not e arrested.

L When anticipator% Fail would $e 7ccepted!" *ection %:@/$) says that, Hwhen any person has

reason to elieve that he 'ay e arrested on an accusation of having co''itted a non"ailale

offence, he 'ay apply to the (igh Court or court of *ession for a direction under this sec.%:@/$)

and court if thinks it fit, can direct that in event of such arrest he shall e released on ail. Case

of 6ur$aDsh (ingh +2s (tate of 3un:a$-1/> he was not granted anticipatory ail 'erely on

fear of arrest. In a similar caseof 7shoD Dumar +2s (tate of a:asthan-1/, that anticipatory

ail should not accepted until there is a definite fear of arrest and such fact has co'e efore the

court.It is pertinent to mention here that reason to $elie+e does not mean mere fear> i .e. 'ere

Kfear< is not sufficient cause. 7rounds on which elief is ased 'ust e capale of eing

e2a'ined.L Who shall accept the 7nticipator% Fail!" *ec. %:@ /$) that the following authorities 'ay

accept the anticipator ail application!i. (igh Court ii. Court of *ession

That any accused of an offence and in custody e released on ail on acceptance of ail

application in the aove said courts u6s %:> of Cr.P.C.L Conditions of 6rant 7nticipator% Fail#-Court can i'pose reasonale conditions for grant of

anticipatory ail. Those conditions have een 'entioned in section %:@/+). 9hen the (igh

Court or Court of *ession 'ake a direction with so'e conditions in the light of the facts of the

particular case as it 'ay think fit for ail!"

a.That the person shall not leave India without previous per'ission of the court.$. That person directly or indirectly 'ake an induce'ent threat or pro'ise to any person

ac?uainted with the facts of the case so as to dissuade hi' fro' disclosing such facts to the court

or to any police Officer.


40/49

c.That the person sh

CrPC notes 1

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