7.DISCUSS THE CONSTITUTION AND POWERS OF JUVENILE JUSTICE BOARD?

SYNOPSIS:
INTRODUCTION
MEANING OF JUVENILE
MEANING OF JUVENILE IN CONFLICT WITH LAW
JUVENILE JUSTICE BOARD
POWERS OF THE JUVENILE JUSTICE BOARD
CONCLUSION

INTRODUCTION: The Act has been enacted with a view to introduce a uniform
law relating to Juvenile justice for due protection an care of children and juvenile
adolescents who commit an offence. It also sets out standard norms for the
investigation and trial of juvenile offenders and to establish liaison with the
institutions associated with the welfare of juveniles also enacted in the Juvenile
Justice(Care and Protection of Children Amendment Act 2000 which is in
accordance with Standard Rules laid down by the United Nations for juveniles in
conflict with law.

MEANING OF JUVENILE: means a person, who has not completed eighteenth

year of age according to the Juvenile Justice(Care and Protection of Children
Amendment Act 2000 Earlier Act of 1986 a Juvenile meant a male juvenile who
had not attained the age of 16 years, and a female juvenile who had not attained
the age of 18years.

MEANING OF JUVENILE IN CONFLICT WITH LAW: means a juvenile who is alleged

to have committed an offence and has not completed eighteenth years of age as
on the date of commission of such offence.

POWERS OF THE JUVENILE JUSTICE BOARD:

Constitution: The Juvenile Justice Board has been constituted for the inquiry and
hearing in the case of juvenile who is in conflict with law. It also lays down the
qualifications for the appointments of the members of the board and conditions
for removal.
  The state Government within a period of one year from the date of
commencement of the Juvenile Justice(Care and Protection of Children
Amendment Act 2006 has by official Gazette, to constitute for every district
one or more Juvenile Justice Boards (JJB) for exercising the powers and
discharging the duties conferred or imposed on such Boards in relation to
juveniles in conflict with law.
 The Board shall consist of Metropolitan Magistrate or a judicial Magistrate
of the First Class, as the case may be, and two social workers of whom at
one shall be a woman, forming a bench and every bench shall have the
powers conferred by the Code of Criminal procedure code.
 No Magistrate shall be appointed as a member of the Board unless he has
special knowledge or training in child psychology or child welfare and social
worker shall be appointed as a member of the Board unless he has been
actively involved in health, education or welfare activities pertaining to
children for at least seven years.
 The term of office of the members of the Board and the manner in which
such member may resign shall be such as may be prescribed.
 The appointment of any member of the Board may be terminated after
holding an inquiry, by the State Government, if
 He has found guilty of misuse of power vested under this Act.
 He has been convicted of an offence involving moral turpitude,
an such conviction has been reversed or he has not been
granted full pardon in respect of such offence .
 He fails to attend the proceedings of the Board for consecutive
three months without any valid reasons or he fails to attend
less than three-forth of the sittings in a year.

Procedure in relation to Board:

 The Board shall meet at such times and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be
prescribed.
  A child in conflict with law may be produced before an individual member
of the Board , when the Board is not sitting.
 A Board may act notwithstanding the absence of any member of the Board
and no order made by the Board shall be invalid by reason only of the
absence of any member during any stage of proceedings:

Provided that there shall be at least two members including the principal
Magistrate present at the time of final disposal of the case

 In the event of any difference of opinion among the members of the Board
in the interim or final disposition, the opinion of the majority shall prevail,
but where there is no such majority, the opinion of the principal Magistrate
shall prevail.

Powers of Juvenile Justice Board:-

 Where a Board has been constituted for any district such board shall not
withstanding anything contained in any other law for the time being in
force but save as otherwise expressly provided in this Act, have power to
deal exclusively with all the proceedings under this Act relating to juvenile
in conflict with law.
 The powers conferred on the Board by or under this Act may also be
exercised by the High Court and the Court of Session, when the
proceedings comes before them in appeal, revision or otherwise.

CONCLUSION:
The juvenile justice Board has got many more powers vested in it like making
inquiry in relation to the juvenile and also pass orders regarding the juvenile
and further has power to ensure then good behavior of the juvenile.

SHORT NOTES ON BAIL OF JUVENILE:

  Section 15(1), if a juvenile is arrested or detained or appears or is brought
before a Board, he shall be released on bail, in other words, he has the right
to Bail. The Bail shall be granted to him not withstanding anything
contained in Cr.P.C. or any other law for the time being force.
 He shall be released on bail with or without surety or he may be placed
under the supervision of a Probation Officer or under the care of any fit
institution or person.
 Condition for not granting Bail to juvenile:
 The only limitation on his release is that by the release if he is likely to
come into association with any known criminal or expose him to moral,
physical or psychological danger or release would defeat the ends of
justice, the bail shall not be granted.
 Refusal of bail on the only ground of prima facie case against the juvenile is
no ground for rejection of bail. The prosecution opposing the bail must
show the grounds which exists in Section 12.
 If an earlier bail petition of the juvenile is rejected treating him to be major,
the moment he is declared juvenile, his prayer for bail will be considered.
 If the officer-in-charge of a Police Station on the arrest of such person does
not release him on bail, he shall cause him to be kept only in an
Observation Home till he is brought before the Board.
 If such person is not released on bail, he shall not be sent to jail. He shall be
sent to an Observation Home or a place of safety during the pendency of
inquiry for such period as specified in the order.

DISCUSS THE POWERS OF THE COURTS TO RELEASE OFFENDERS AFTER

ADMONITION AND ON PROBATION OF GOOD CONDUCT.

SYNOPSIS:
INTRODUCTION
MEANING OF ADMONITION
POWERS OF THE COURT TO RELEASE OF OFFENDERS AFTER ADMONITION
PROBATION OF OFFENDERS ACT AND APPLICABILITY
RELEASE OF OFFENDES UNDER PROBATION OF GOOD CONDUCT
CONCLUSION.

INTRODUCTION:

The word ‘probation’ has its origin in Latin word ‘probate’ which means to prove
or to test. In this system the offender has to prove worthy of not being punished
by his conduct. This concept has developed gradually. Probation is a condition
release of the offender of maintaining good behavior during the period of
probation. The probation can be applied to all kinds of offences yet it is generally
applied to offences which are not grave in nature and to only persons who are
under the age of 21 years of age. But however with amendment of section 562 of
Cr.P.C. by putting the words in all suitable cases as the objective of this act is
reformative and the criminals need reformation than the punishment which is the
main philosophy of this law.

MEANING OF ADMONITION:

Admonition by a judge means a reprieve and, a censure or a re-proof warning

the accused being let-off that in case of repetition he will be punished severely
in accordance with law.

POWERS OF THE COURT TO RELASE THE OFFENDERS AFTER ADMONITION:

According to Section 3 of the Probation of offenders Act, 1956:

1. Any person is found guilty of having committed:

(i) Any offence punishable under section 379 or Section 380 or 381 or 404
or 420 of IPC.
(ii) Any offence punishable with imprisonment for not more than two years,
or with fine, or with both under the IPC or any other law.
(iii) No previous conviction proved against him.
(iv) The court finding guilty is of opinion that having regard to the
circumstances of the case including the nature of the offence and the
character of the offence, it is expedient so to do.
PROBATION OF OFFENDERS ACT AND ITS APPLICABILITY:

By virtue of Section 4 of the Probation of offenders Act the act applies to such
offences where the Trial court convicted the offender but instead of
sentencing him ordered to be released on probation. The Act provides a
chance to the offender for his reformation.

POWERS OF COURT TO RELEASE CERTAIN OFFENDERS ON PROBATION OF

GOOD CONDUCT:

 When any person is found guilty of having committed an offence not

punishable with death or imprisonment for life and the court by which
the person is found guilty is of the opinion that, having regard to the
circumstances of the case including the nature of the offence and the
character of the offender, it is expedient to release him on probation of
good conduct after entering into a bond with or without sureties, to
appear and receive sentence when called upon during such period, not
exceeding 3 years, as court may direct and in the meantime to keep the
peace and be of good behavior.
 The court shall release such offender unless it has not satisfied by the
offender or his surety and enters into a bond.
 Before making an order, the court shall take into consideration the
report of the probation officer concerned in relation to the case.
 When an order is made, the court may, if it is of the opinion that in the
interest of the offender and of the public it is expedient so to do, in
addition pass a supervision order directing that the offender shall
remain under the supervision of the probation officer named in the
order during such period, not being less than one year. The supervision
order may impose such conditions as it deems necessary for the due
supervision of the offender.
 The court making a supervision order shall require the offender, before
he is released, to enter into a bond, with or without sureties, to observe
the conditions specified in such order and such additional conditions
with respect to residence, absentation from intoxicants or any other
 natter as the court may have regard to the particular circumstances for
preventing a repetition of the offence.
 The court making the supervision order shall explain to the offender the
terms and conditions of the order and shall forthwith furnish one copy
of the supervision order to each of the offenders, the sureties, if any,
and the probation officers concerned.

CONCLUSION:

Under section 3 and 4 of the Act the court shall call for a report from the
probation officer and consider the report if any and other information
available to it relating to the character and mental conditions of the
offender before releasing him.

SHORT NOTES ON PROBATION OFFICER:

A Probation Officer under this Act shall be:

 A person appointed to be a probation officer by the state

government for recognized as such by the State Government or
 A person provided for this purpose by a society recognized in this
behalf by the state Government
 In any exceptional case, any other person who, in the opinion of the
court, is fit to act as probation officer in the special circumstances of
the case.
 A District Magistrate of the district in which the offender for the time
being resides may at any time, appoint any probation officer in place
of the person named in the supervision order.

Duties of the Probation officer:

A probation officer shall subject to such condition and restrictions, as

may be prescribed:-
  Inquire, in accordance with any directions of the court, into the
circumstances or home surroundings of any person accused of an
offence with a view to assist the court in determining the most
suitable method of dealing with him and submit reports to the
court.
 Supervise probationers and other persons place under his
supervision and where necessary, endeavor to find then suitable
employment.
 To advise and assist offenders in the payment of compensation or
costs ordered by the court.
 To advise and assist, in such cases and in such manner as may be
prescribed, persons who have been released under Section 4
 Perform such other duties as may be prescribed.

WHAT IS ARREST? STATE THE CIRCUMSTANCES UNDER WHICH A PERSON CAN

BE ARRESTED WITHOUT WARRANT.

SYNOPSIS:
INTRODUCTION
MEANING
TYPES OF ARREST
ARESST WITHOUT WARRANT
CONCLUSION

INTRODUCTION:

Arrest is a very important process in the code as it ensures the presence of the
accused at the trial. Section 41 to 60 of the CRPC lays down the provisions relating
to Arrest of Persons. This section empowers a police officer to arrest a person and
not a private person.

MEANING:

“Every compulsion or physical restraint is not arrest but when the restraint is total
and deprivation of liberty is complete, that would amount to arrest”. The
expression “Arrest” literally means “Deprivation of personal liberty by legal
authority. An arrest implies the actual seizure or touching of the person with a
view to keep him in detention.

TYPES OF ARREST:

1. Arrest with warrant

2. Arrest without warrant
1. ARREST WITH WARRANT : means which may be issued by a Magistrate
after taking cognizance of the offence whether cognizable or non-
cognizable . If the offence is cognizable, the police can arrest without
warrant. The purpose of warrant is to cause the accused to appear before
the court. The Magistrate issues warrant, when he has reason to believe
that the accused has absconded or would not obey the summons.
Cognizance of any offence can be taken by a magistrate not only upon a
police report but also upon receiving complaint or upon information
received from any person other than a police officer or upon the knowledge
of the magistrate himself. In such cases or where the cognizance has been
taken on a police report in respect of a non-cognizable offence, the
magistrate may issue a warrant of arrest in accordance with the above
mentioned rules.
2. ARREST WITHOUT WARRANT: Generally a person shall be arrested with a
warrant. However, a person may be arrested without warrant because of
the serious nature of circumstance and to enable the police to discharge
their duties effectively powers of arrest without warrant are mainly
conferred on the police. Arrest without warrant can be made under the
following circumstances:
a. Arrest without warrant by police (section 41,42 and 55)
b. Arrest by private person (Section 43)
c. Arrest by a Magistrate (Section 44)
a. Arrest without warrant by police (section 41,42 and 55):- Section 41
contains the circumstances under which the police may arrest
without warrant. Section 42 empowers the police to arrest a person
accused of committing a non-cognizable offence, who refused to
 reveal his/her name and residence. Section 55 lays down the
procedure to be followed by a police officer, who deputes another
officer subordinate to him to arrest a person without warrant.
Powers of police to arrest a person without warrant under the
following circumstance:
1. If a person is actually concerned or reasonably suspected to be
concerned in a cognizable offence.
2. If he has committed or suspected to have committed an act
outside India and the act is punishable under IPC.
3. Against a requisition from another police officer competent to
arrest him without warrant.
4. Any person, who is deserter from any of the Armed forces of the
Union.
5. Any person who is in possession without lawful excuse of any
implemented of House breaking.
6. Any person found in possession of any property suspected to be
stolen.
7. Any person obstructing a police officer in the discharge of his
duties.
8. Any person who has escaped from lawful custody.
9. If a person, in the presence of police officer is accused of
committing a non-cognizable offence and refuses to give his name
and address.
10.When a police officer requires any officer subordinate to him to
arrest without warrant any person shall give such order in writing.
b. Arrest by private person (Section 43):
Every person has a duty to inform the police or the nearest
Magistrate, the commission of an offence. He can also arrest if the
offender and handover him to the police.
According to Section 43(1) of the Code, a private person may arrest
or cause to be arrested any person-
1. If he commits a non-bailable and cognizable offence : or
2. If he is a proclaimed offender.
 But he shall without any delay make over such person to a police
officer or nearest police station. The police officer may then
rearrest the person so handed over to him.
c. Arrest by Magistrate: Section 44:
Any Magistrate, whether judicial or executive may arrest a person
within his jurisdiction:
1. Any person who commits an offence in his local jurisdiction and
his presence; or
2. Any person, for whose arrest, he is competent to issue a warrant.
A magistrate arresting a person under section 44(1) of the Code
should not try the case himself. The person so arrest by the
Magistrate shall be produced within 24 hours before another
Magistrate otherwise the arrest becomes illegal.

PROBLEM

A police officer has no definite knowledge or definite information that a person

‘A’ is in possession of an implement of house breaking. Police officer arrests ‘A’. is
‘A’’s arrest illegal? If yea, has ‘A’ a right of private defense against it, even though
an implement of house breaking may actually be found on searching after the
arrest? Answer with reasons.

ANSWER: under Section 41(1) (b) of Cr.P.C. any police officer may without an
order from a Magistrate and without a warrant, arrest any person who has in his
possession without lawful excuse, the burden of proving which shall be on such
person, any implement of house breaking. In Ramyan Rai V. Emperor, it was held
that the police officer should have definite knowledge or information of the
possession of implement of house breaking. Therefore, the arrest of ‘A’ by the
police officer is not legal although after arrest ‘A’ was found to be in possession of
implement of house breaking on search. Under section 99 of I.P.C. there is no
right of private defense against an act which does not reasonable cause the
apprehension of death or of grievous hurt, if done or attempted to done, by the
direction may not be strictly justifiable in law. In Abdul Hakims’s case it was held
that in absence of such knowledge or information, the arrest is illegal and the
person who is arrested has right of private defense even though after arrest, the
implement of house breaking is found on search. Since by the act of police officer
effecting the arrest, there was no reasonable apprehension of death or grievous
hurt, right of private defense could not be exercised against him.

CONCLUSION: After the amendment of the Act in 2008 the arrest on the ground
of a person being in possession of, without lawful excuse the implement of House
breaking , does not exist then the arrest becomes illegal even if there is definite
knowledge or information of a person being in possession of implements of house
breaking.

PROBLEM:

A was arrested in the morning of 27.8.1991 and produced before the Magistrate
on 29.8.1991. First information Report revealed that the delay in producing the
accused before the Magistrate was cause because the police officials were
required to go to other place in connection with communal riot. They also
tendered unconditional apology for the delay. Discuss the legality of detention or
custody beyond twenty four hours.

ANSWER: This problem is based on Section 57 of Cr.P.C.

No police officer shall detain in custody a person arrested without warrant for
longer period than under all the circumstances of the case is reasonable, and such
period shall not, in the absence of a special order of a Magistrate under Section
167, exceed 24 hours exclusive of the time necessary for the journey from the
place of arrest to the Magistrate’s court.

Article 22 of the constitution of India which is a provision of Fundamental Right

gives a similar protection to the person arrested and detained by the police.

These provisions enable the magistrate to keep check over the police
investigation and to come down heavily upon the policed in case of disobedience
of these provisions. The provision for production before the magistrate within 24
hours of arrest excluding the time necessary for journey has been made in Cr.P.C.
and Constitution for guaranteeing personal liberty not to be jeopardized. The
failure to observe this provision by the police does not render the custody illegal
so as to entitle the accused to be released.

The facts of the aforesaid problem are similar to the facts of Kultej Singh V. Circle
Inspector in which the apology by the police officials was unconditionally
accepted.

UNIT-II

2(a) WHAT IS BAIL? EXPLAIN THE PROCEDURE REGARDING THE GRANTING OF

BAIL IN CASES OF BAILABLE AND NONBAILABLE OFFENCES.

SYNOPSIS;
INTRODUCTION
MEANING OF BAIL
TYPES OF BAIL
PROCEDURE FOR GRANTING BAIL IN BAILABLE OFFENCES
PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES
CONCLUSION

INTRODUCTION:

One important purpose of arrest is to secure the presence of the accused person
at the time of his enquiry or trial and to ensure that he is available to receive the
sentence on conviction. If the purpose can be achieved without forcing detention
on the accused during inquiry or trial, it would be an ideal blending of two
apparently conflicting claims, namely freedom of the individual and the interest of
justice. It is presumed under law that the accused is innocent till the guilt is prove
beyond reasonable doubt so he should not be subjected to the psychological and
physical deprivations of jail life. The release on bail is crucial to the accused as the
consequences of pre-trial detention are grave.

Therefore the law of bails attempts to devise such a system and to operate it is in
such manner as to enable it to release on bail the maximum number of accused
persons without seriously endangering the objectives of arrest and trial.
MEANING OF BAIL:

There is no definite definition of bail in the Code, although the terms bailable
offences and non-bailable offences have been defined. According to Law Lexicon
Bail has been defined as a security for the appearance of the accused on giving
which he is released pending trial or investigation.

In other words, bail is to procure the release of a person from legal custody, by
undertaking that he shall appear at the time and place designated and submit
himself to the jurisdiction and judgment of the court. In fact when a person is
granted bail, he is deemed to be under the custody of the court.

TYPES OF BAIL:

There are three types of Bails. They are as follows:

1. Bail in Bailable Offences (Section 436)

2. Bail in Non Bailable Offences (Section-437)
3. Anticipatory Bail (Section-438)

CIRCUMSTANCES FOR GRANTING BAIL IN BAILABLE OFFENCES:

Bail in bailable offences is mandatory until and unless the arrestee has not
complied with formalities of the bail.

1. where the arrestee is not accused of no-bailable offence:

 It covers to all cases of persons accused of bail offences.
 Where a person has failed to comply with conditions of the bail as regards
the time and place of attendance, the court may refuse to release him on
bail.
 Where a person has been released on bail by the police should seek fresh
bail from the court.
2. Where the investigation is not completed within the time prescribed:-
 A person arrested without a warrant cannot be detained by the
police for more than 24 hours
  If the police officers consider it necessary for detaining such person
for a longer period for the purpose of investigation it can be done so
only on special orders from the magistrate under section 167.
 90 days where the investigation relates to an offence punishable with
death, imprisonment for life or imprisonment for term not less than
ten years and
 Sixty days where the investigation relates to any offence
 On the expiry of such periods as state above the accused person shall
be released on bail if he is prepared to and does furnish bail
3. Where no reasonable grounds exist for believing the accused guilt of non-
bailable offence.
4. Where trial before magistrate not concluded within 60 days
5. Where no reasonable grounds exist for believing the accused guilty after
conclusion of trial before judgment.

PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES:

Granting of bail in non-bailable offences is the discretion of the court and it not
mandatory.

1. The discretion has to be exercised according to the following rules and

principles as laid down by the Code and judicial decisions. Some of
circumstances to be followed are as follows:
 The enormity of charge,
 The nature of accusation,
 The severity of the punishment which the conviction will entail,
 The nature of the evidence in support of the accusation,
 The nature and gravity of the circumstances in which the offence is
committed,
 The position and status of the accused with reference to the victim and the
witnesses,
 The danger of witnesses being tampered with,
  The likelihood of accused fleeing from justice,
 Probability of the accused committing more offences,
 The protracted nature of the trial,
 The opportunity to the applicant for preparation of his defense and access
to his counsel,
 The health, Age and sex of the accused person, etc.,
2. No bail in case of offence punishable with death or imprisonment for life.
3. Bail with conditions.
 In order to ensure that such person shall attend in accordance with
the conditions of the bond executed.
 In order to ensure that such person shall not commit an offence
similar to the offence of which he is accused of or the commission of
which he is suspected, and
 That such person shall not directly or indirectly make any
inducement, threat or promise to any person aquatinted with the
facts to the court or to any police officer or tamper with the
evidence.
4. Powers of the High court or court of session in granting bail.

2(b). WHAT IS CHARGE? EXPLAIN THE FORM AND CONTENTS OF CHARGE.

SYNOPSIS:
INTRODUCTION
MEANING
CONTENTS OF CHARGE
CONCLUSION

INTRODUCTION:

The farming of charge is a vital and important part of a trial. A charge is the first
notice to the prisoner of matter whereof he is accused and which must convey to
him the sufficient clearness and certainty what the prosecution intends to prove
against him and of which he would have to clear himself. The charge gives the
accused the basic idea if the case which he is to face. It is a basic principle of law
that before summoning a person to face a charge and more particularly when a
charge sheet is actually framed, the court concerned must be equipped with at at
least prima facie material to show that the person who is sought to be charged is
guilty of the offence alleged against him.

MEANING:

The term charge is defined in section 2(b) of this code. According to this section a
charge is the precise formulation of the specific accusation made against a person
who is entitled to know its nature at the earliest stage. It consists of a notification
to the accused of the offence which he is alleged to have committed and which he
is required to plead the charge must state the offence with which the accused is
charged. It is formulated generally after the inquiry into the case is over. It must
be specific and precise. In a summary trial or summons case trial framing of
formal charges is not necessary, but in a warrant case formal framing of the
charge is necessary.

CONTENTS OF CHARGE:

1. Charge must be framed: the framing of a charge is a vital and important

part of a trial. The omission to frame a charge is a serious defect which
should be guarded against as in some cases it may be so serious that by
itself it would vitiate the trial, prejudice to the accused being taken for
granted. The charge must be properly framed.
2. Material to e considered for framing the charge: At the time of the framing
of the charge, the court must determine whether the material on record, if
unrebutted, is such that on the basis of it conviction is reasonably possible.
3. Name of the accused in charge: The correct name of the accused should be
given in charge. But if there is no dispute about the identity of the accused,
the mistake of name would not affect the merit of the case.
4. Charge should state the offence: charge should mention the offence which
he is alleged to have been committed by the accused and it shall be stated
as follows:
 a. The name of the offence: if the law which creates the offence gives a
specific name, the offence may be described by that name e.g., theft,
hurt, etc. offence of abetment may be charged by the name without
giving any particular form or manner.
b. Definition of offence: if the law which creates the offence does not give
it any specific name, so much of the definition of the offence must be
stated in the charge as may be enough to make the accused understand
the case which he has to meet.
c. Law and Section: the section and Act have to be mentioned in the
charge e.g., Section 379 of IPC. But if the facts are clearly stated non-
mention of section is immaterial.

5. Charge of previous conviction: If a person is to be punished with enhanced

or with different punishment for subsequent offence due to his previous
conviction the charge should state the fact, the place and date of the
previous conviction. If the particulars are not given, the appellant court
cannot take into consideration the previous conviction in awarding the
sentence.
6. Charges for previous and subsequent offence at the same time: The
accused is to charged with previous conviction at the same time when he is
charged with the subsequent offence. If he is found guilty of that offence
he will be tried on the charge of the previous conviction by reason of which
he would be liable to enhance punishment.
7. Basis of charge: A charge is to be framed on the basis of the allegations in
the complaint, the statements of the witnesses. It is not to be governed by
the section given to the complaint, if the facts proved make out an offence,
the charge has to be framed. The offence and the section given in the
complaint will not be a guiding factor.
8. Presumption from charge: The fact that a charge is made amounts to a
statement that every legal conditions required by the law to constitute the
offence charged was fulfilled in that particular case. This does not mean
that the offence is proved. It means that there is prima facie case.
9. Language of the charge: The charge shall be written in the language of the
court.
10.Particulars as to time, place and person: The charge shall contain such
particulars as to the time and place of the alleged offence, and the person
against whom, or the thing in respect of which, it was committed as are
reasonably sufficient to give the accused notice of the matter with which he
is charged. The charge should also describe the movable property in
respect of which the offence alleged to have been committed, and the
dates between which the offence alleged to have been committed, without
specifying particular items or exact dates and the charge so framed shall be
deemed to be a charge of one offence within the meaning of Section 219.

CONCLUSION: at any time the courts can alter the charges, with draw the
charges and even have a joint trial of the persons accused of same offence
committed in course of the same transaction.

SHORT NOTES:
PROCEDURE FOR COMPELLING THE APPEARANCE OF A PERSON: Section
61

There are three kinds of process to compel appearance of a person in

Court:

1. Summons
2. Warrant of arrest
3. Proclamation and attachment
1. Summons:
 Summons is a milder form of process issued for enforcing the
appearance of the accused or of witnesses and for production
of a document or thing.
 It should be clear and specified.
 It must clearly bear the seal of the court and show the name
and address of the person summoned, the place at which, the
 date and time when the person summoned is required to
appear before the court
 It should could the place, time and nature of the offence
committed.
 The summons can be served by a police officer, any other
officer, personally, or by post or substituted service.
2. Warrant of arrest:
 Warrant is an order addressed to a person concerned directing
him to arrest the accused and to produce him before the
court.
 The form of warrant shall be in writing, signed by the
presiding officer and shall bear the seal of the court.
 Warrant shall be valid till executed or cancelled.
 It must indicate clear name and address of the accused.
 It must state the offence with which the accused is charged.
 It should indicate the date of issue.
 The issuing court may in its discretion endorse the number of
sureties or the amount and the time to attend the court could
be stated.
 Warrant may be directed to any person i.e., police officer,
accused, witnesses, etc.,
3. Proclamation and attachment:
 If any court has reason to believe that any person against
whom an warrant has been issued by it has absconded or is
concealing himself so that such warrant cannot be executed,
such court may publish, a written proclamation requiring him
to appear at a specified place and at a specified time not less
than 30 days from the date of publication of such
proclamation.
 The proclamation shall be published publicly read in some
conspicuous place of the town or village where the person
ordinarily resides or affixed in some conspicuous part of the
house where he resides or affixed in some conspicuous part of
 the court house or the court even publish in a daily newspaper
circulating in the place where he resides.
 Where at the time of issue of the proclamation, the court is
satisfied by an affidavit or otherwise that person about whom
the proclamation is to be issued is about to dispose of the
whole or any part of his property or is about to remove whole
or any part of his property from the local jurisdiction of the
court, it may order the attachment of the property
simultaneously with the issue of proclamation.

3.(a)DISCUSS THE PROVISIONS OF Cr.P.C. RELATING TO SECURITY FOR KEEPING

PEACE AND GOOD BEHAVIOUR.

SYNOPSIS:
INTODUCTION
SECURITY FOR KEEPING THE PEACE ON CONVICTION SECTION 106
SECURITY FOR KEEPING THE PEACE IN OTHER CASES SECTION 107
SECURITY FOR GOOD BEHAVIOUR FROM PERSONS DISSEMINATING SEDITTIOUS MATTERS SECTION 108
SECURITY FOR GOOD BEHAVIOUR FROM SUSPECTED PERSONS SECTION 109
SECURITY FOR GOOD BEHAVIOUR FROM HABITUAL OFFENDERS SECTION 110
CONCLUSION

INTODUCTION:

The purpose of an order for security is not to punish but to prevent future
commission of offences. There is n o question of bail to the person proceeding
against under this chapter because bail is only for continued appearance of a
person and not to prevent him from committing certain offences.

SECURITY FOR KEEPING THE PEACE ON CONVICTION SECTION 106.

This section comes into operation when a person is convicted of an offence. It
applies when by reason of the conviction of a person, his past conduct leads to an
apprehension for the future. This section makes provision for ordering a person
to execute a bond with or without sureties for keeping the peace.

 The offences under sub-section 2 are-

  Offences punishable under chapter VIII of the IPC. The offences under
section 153A, 153B, Section 154 are not included.
 Any offence consisting of or including assault or using criminal force or
mischief.
 An offence of criminal intimidation
 Any other offence which caused or was i8ntened or known to be likely to
cause a breach of peace.
 When an accused has been acquitted or when he has been convicted but
the order for security has not been passed, the appellate court while
convicting the accused acquitted or confirming the conviction may pass an
order under this section.
 It must be remembered that a court can order under section 106 to furnish
only bond to keeping the peace. It cannot order to furnish security for good
behavior.
 The period for the bond is three years but it may be less and it depends
upon the discretion of the court to fix the period.

SECURITY FOR KEEPING THE PEACE IN OTHER CASES SECTION 107:

 When the Executive Magistrate receives information that any person is

likely to commit a breach of the peace or disturb the public tranquility or to
do any wrongful act that may probably occasion a breach of peace or
disturb the public tranquility or to do any wrongful act that may probably
occasion a breach of the peace or disturb the public tranquility and is of the
opinion that there is sufficient ground for proceeding he may, in the
manner herein after require such person to show cause why he should not
be ordered to execute a bond with or without sureties for keeping the
peace for such period, not exceeding one year, as the Magistrate thinks fit.
 Proceedings under this section shalol taken before the Executive
Magistrate.

SECURITY FOR GOOD BEHAVIOUR FROM PERSONS DISSEMINATING SEDITTIOUS

MATTERS SECTION 108:
  When the executive magistrate receives information that there is within his
local jurisdiction any person who with or without such jurisdiction:
 (i) either orally or in writing or in any other manner, intentionally
disseminates or attempts or abets the dissemination of:
 Any matter the publication of which is punishable under Section 124A or
Section 153A or Section 153B or Section 295 A of IPC or
 Any matter concerning a judge acting or purporting to act in the discharge
of his official duties which amounts to criminal intimidation or defamation
under the IPC.
 (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys,
sell, let to hire, distributes, publicly exhibits, or in any other manner puts
into circulation any obscene matter such as is referred to in Section 292 of
IPC.
 No proceedings shall be taken under this section against the editor,
proprietor, printer, or publisher of any publication registered under and in
conformity with, the rules laid down in the Press and Registration of Books
Act with reference to any matter contained in such publication except by
the order or under the authority of the State government or some officer
empowered by the State Government.

SECURITY FOR GOOD BEHAVIOUR FROM SUSPECTED PERSONS SECTION 109

This Section seeks to check and control the persons who are likely to commits
offences. The conditions precedent for the application of this section, namely

 That the person concerned must be taking precaution to conceal his

presence and
 That there is reason to believe that such person is taking precaution to
conceal his presence with a view to committing a cognizable offence.
Proceedings under this section cannot be initiated unless both these
conditions are present.
The Magistrate is expected to make use of them sparingly with utmost care and caution. It is for this
reason that discretion is given to the Executive Magistrate who can accept a bond without sureties.
SECURITY FOR GOOD BEHAVIOUR FROM HABITUAL OFFENDERS SECTION 110

 The main object of this section is to protect the public against hardened
and habitual criminals. experience has shown that persons who indulge in
offences of anti-social nature such as drug trafficking, food adulteration,
smuggling, hoarding, profiteering, etc deserve greater vigil and control than
those committing offences like theft, perjury, etc. these offences have,
therefore to be controlled by bounding over the offenders who commit
such offences. Theses offences are mentioned in Section 110.
 The information received by the Magistrate making an order under section
110 should not be vague and it must indicate that the person to be bound
over is really a habitual offender or a dangerous or desperate criminal.
Mere use of a bad name to a person in the police report will not be a
sufficient ground to proceed against him under this section.

3.(b) EXPLAIN THE MANNER IN WHICH A JUDGEMENT IS TO BE DELIVERED AND

WHAT A JUDGEMENT SHOULD CONTAIN.

SYNOPSIS:
INTRODUCTION AND MEANING
METROPOLITIAN MAGISTRATES JUDGEMENT SECTION 355
POST CONVICTION ORDERS
COSTS AND COMPENSTATIONS
CONTENT AND LANGUAGE SECTION 354

INTRODUCTION AND MEANING:

Sections 353 and 365 of the Cr.P.C. lays down the provisions relating to judgment.
In every criminal trial, when the court finds the accused guilty, it has to punish the
accused in accordance with law after hearing him and if the accused is not found
guilty then acquit him. Judgment is the final reasoned decision or sentence of
court in a legal proceeding. The judgment in every trial in any Criminal court of
original jurisdiction shall be pronounced in open court by the presiding officer
immediately after the termination of the trial or at some subsequent time of
which notice shall be given to the parties or their pleaders. It is a fundamental
rule of criminal jurisprudence that the judge or Magistrate, who hears the
evidence should write the judgment. It should contain the points of
determination, decision and the reasons for the decision. It shall be dated and
signed by the presiding officer in open court.

CONTENT AND LANGUAGE: SECTION 354

1. Every judgment shall be written in the language of the court. The state
Government determines the language of the court.
2. Every judgment shall contain the points for determination, the decision
thereon and the reasons for the decision.
3. Every judgment shall specify the offence if any of which and the section of
the IPC or other law under which, the accused is convicted and the
punishment to which he is sentenced.
4. If the judgment is one of acquittal, it shall state the offence of which the
accused is acquitted and direct that he be set at liberty.

METROPOLITIAN MAGISTRATES JUDGEMENT SECTION 355:

According to Section 355 the judgment given by a Metropolitan Magistrate shall

be in an abridge form giving the following particulars only:

 The serial number of the case;

 The date of the commission of the offence;
 The name of the complainant if any;
 The name of the accused person, and his parentage and residence;
 The offence complained of or proved;
 The pleas of the accused and his examination (if any);
 The final order;
 The date of such order; in all cases in which an appeal lies from the final
order either under section 373 or under sub-section (3) of section 374, a
brief statement of reasons for the decision.

POST CONVICTION ORDERS:

If the accused is charged for the conviction of the offence he normally passes the
appropriate punishment. The Act provides for different types of orders according
to the circumstances of the case.

 Release on Probation for good behavior: if at the time of conviction, the

court should take into consideration the circumstances in which the offence
is committed. The court should take regard to the age, character or
antecedents of the offender, and the circumstances in which the offence
was committed, if the court convicting the accused person considers it
expedient to release the offender in probation of good conduct, it may
direct:
 If the convicted person is below 21 years and the offence is not punishable
with death or imprisonment;
 If the convicted person is not under 21 years and the offence is punishable
with less than 7 years imprisonment and if the conviction is for the first
offence he may be ordered to be released on bail with or without sureties,
for keeping peace and good behavior
 Such release is permissible if there is no previous conviction proved against
the offender.
 When the person convicted is a woman of any age, or any male person
under 21 years of age and the offence is not punishable with death or
imprisonment;
 Section 360 will not affect the provisions of the probation of offenders Act
1958 and he may be released on admonition which is wider than section
360 of Cr.P.C.
 Young offenders: According to section 6 of the Probation of Offenders Act,
if the offender is below 21 years and the offence is not punishable with
death or imprisonment, unless satisfied it would be desirable to release him
on admonition or on probation for good behavior and if sentences him to
imprisonment he must record reasons.
 Death Sentence: Even in capital offences, the policy of law is to avoid the
debatable death penalty, but when it is awarded it shall be done by giving
 special reasons. If death sentences are passed by a session court, it is
subject to confirmation from the High court.
 Sentence of imprisonment: the statute generally prescribes the maximum
punishment awardable for an offence and the court is given a liberal way to
fix the sentence for imprisonment subject to the maximum and its powers.
The powers so exercised by the courts depend on various factors like the
magnitude of the offence, motive, age character, circumstances, etc. if
person is awarded several punishments the court shall state whether they
run concurrently or consecutively.
 Sentence of fine: when fine is imposed, the court has also to state the
imprisonment in default of payment of fine subject to the limits prescribed
by law.
 Costs and Compensation:
 The court imposing a fine independently or as a part of a sentence passed
on conviction may order the whole or any part of the fine to be applied.
 In defraying expenses property incurred in the prosecution.
 In payment of compensation or any loss or injury caused by the offence to
any person, when compensation is recoverable by filing a civil suit.
 When death of another person is caused or is abetted in paying
compensation under the Fatal Accidents Act.
 In payment of compensation to a bona fide purchaser of stolen property or
property obtained by cheating.
 Even if fine is not imposed as a sentence on conviction, the court may order
the accused to pay compensation to a person who has suffered loss or
injury by the act of the accused for which he is convicted. At the time of
granting compensation in a subsequent civil suit, this amount paid has to be
taken into account.
 The compensation is not payable is not payable before the appeal time
expired or if an appeal is filed until disposal of the appeal.
 Compensation for frivolous arrest:
 When a person caused a police officer to arrest a person and the
magistrate thinks that it is caused without sufficient cause may award
compensation not exceeding Rs.100/-. If more persons than one are
arrested the Magistrate may grant such amount to each one of them. If it is
not paid he may be detained in prison for up to 30 days.

SHORT NOTES:
MAINTENANCE OF WIFE: SECTION 125-128
These sections are very wide when compared to Maintenance section
under Hindu Adoptions and Maintenance Act, 1956. These sections provide
for speedy, effective and inexpensive and remedy against persons who
neglects or refuse to maintain their dependant wives, children and parents.
These provisions are in a way, aimed at preventing starvation and vagrancy
leading to the commission of crime and are expected to be applicable to
persons irrespective of the religions to which they belong or to the personal
laws applicable to them.

According to section 125(1) the persons entitle to claim maintenance under

the circumstances are as follows:
1. Wife:-
 The legally wedded wife who is unable to maintain herself, is
entitled to claim maintenance.
 She may of any age minor or major.
 The extended definition of wife includes a divorced wife.
 This provision was extended in the decision of Shah Bano Begum
case which in turn resulted in the divorced Muslim wife’s claim
and are now governed by Sec125-128 of CrPC by virtue of this
decision.
 In case of a divorced wife, the divorce may be at any time before
1 April, 1974 could claim maintenance, provided the other
necessary conditions are satisfied.
 The legality of the marriage would be governed by the personal
laws applicable to the parties.
 Where the wife lives in adultery or is living separated with her
husband by mutual consent, she will not be entitled to
maintenance from her husband
  If the wife is qualified to get maintenance, education of the wife
cannot act as a disqualification so far as her right to obtain
maintenance is concerned.
 Section 125 is not being in the nature of criminal proceedings and
hence not a complaint the person is not an accused person. This
section relates as a summary remedy and has not to do with
conjugal rights either.

EXPALIN THE PROVISIONS REGARDING THE TRANSFER OF CRIMINAL CASES AS

PROVIDED UNDER THE CODE OF CRIMINAL PROCEDURE.

SYNOPSIS:
INTRODUCTION
POWER OF THE SUPREME COURT TO TRANSFER CASES AND APPEALS.
POWER OF THE HIGH COURT TO TRANSFER CASES AND APPEALS.
POWER OF THE SESSIONS JUDGE TO TRANSFER CASES AND APPEALS.
CONCLUSION.

INTRODUCTION:

Sections 406 to 416 of the code deal with the transfer of criminal cases. In the
interests of the accused and to ensure fair trial, the code confers on the accused a
right to have his case transferred, when he is doubtful of fair trial by a particular
judge. Independence of courts and impartiality in handling cases are the two
attributes of criminal justice administration in order to ensure fair and impartial
trial.

POWER OF THE SUPREME COURT TO TRANSFER CASES AND APPEALS: (SECTION

406)

 supreme court has been vested with wide discretionary powers to transfer
a case or appeal from one high court to another or from a Criminal
subordinate to one High court to another criminal court of equal or
superior courts.
 Such transfer from the supreme court may be made by the on the
application from the Attorney-General of India or Advocate Geneeral of the
 state or party interested which includes the complainant, the public
prosecutor, accused and even the person who loge the FIR.
 The Supreme Court shall exercise the power to transfer a case if the party
interested shows that there are circumstances indicating reasonable
apprehensions that fair justice may not be possible in a court dealing with a
case or appeal.
 The Supreme Court can order transfer even without the request of the
party if it is convicted that such a step is necessary in the interest of justice.
 If the Supreme Court feels that there is something more substantial, more
compelling, more imperiling from the point of view of public justice is
necessary for directing a transfer.
 Where an application for transfer has been dismissed, and if found to be
frivolous or vexatious, the Supreme Court may order the applicant to pay
appropriate compensation not exceeding Rs.1,000/- to any person
opposing the transfer application.

POWER OF THE HIGH COURT TO TRANSFER CASES AND APPEALS: SECTION

407:
 This section empowers a High Court to transfer a case suo motto or when
the lower court applies for it or a party so applies to any other court of
equal or superior jurisdiction within the state on ay one or more o the
following grounds.
1. When fair and impartial inquiry or trial does not seem possible.
2. Possibility of unusual difficulty on a question of law arising in the case is
likely.
3. When the transfer is necessary under ay provision of the code of criminal
procedure.
4. For general convinced of the parties or witnesses.
5. When transfer is deemed necessary to meet the ends of justice.
 Where the parties want a transfer of their case to any other court under
this section their application must e accompanied by an affidavit and the
public prosecutor should have notice of such transfer at least 24 hours in
 advance. The High court may also order the applicant to execute a bond for
the costs of the opposite party.
 The proceedings if already initiated by the subordinate court when the
application for transfer of case is made by a party, need not be stayed at
that stage unless the high court orders them to be stayed.
 The High court while exercising the jurisdiction under this section, may pass
any of the following orders regarding the transfer of cases-
 That any case or appeal to be inquired into or tried by a court which is
otherwise competent though not empowered under Section 177 to 185 of
the code.
 That any case or appeal be transferred to another court or the proceedings
be stayed.
 That the case be committed to a court of Session; or
 That any case or appeal be transferred to High court itself.

POWER OF THE SESSIONS JUDGE TO TRANSFER CASES AND APPEALS; SECTION

108:
 Like the High court under section 107, the court of Session may also
exercise the power of transfer cases under this section either suo motto or
on the report of the Lower Court or an application of a party concerned
when it deems it expedient to do so in the interest of justice and fair play.
However the power under this section should be judicially and carefully
exercised by the session courts.
 The provisions contained in sub-sections 3to7 and 9 of Section 407shall be
applicable to applications for transfer of cases made to the court of Session
with the only difference that the maximum co0mpensation awarded for
frivolous or vexatious applicants for transfer will not exceed Rs.250/-
instead of Rs.1,000/-.
 Under this section, a Session Judge cannot transfer a case which is before a
Sub-Divisional Executive magistrate or pass any interim order in this regard.
Such power has been vested in the District magistrate under Section 411 of
the Code.
EXPLAIN THE PROVISIONS RELATING TO THE COMPOUNDING OF OFFENCES

SYNOPSIS:
INTRODUCTION
PROVISIONS RELATED TO COMPOUNDING OF OFFENCES.
CONCLUSION.

INTRODUCTION:

A crime is essentially a public wrong I,e., an offence against the society or

community as a whole. Therefore a compromise between the accused and the
individual victim should not be enough to absolve the accused from criminal
responsibility. However, where the offences are essentially of a private nature
and relatively not quite serious, the Code considers it expedient to recognize
some of them as compoundable offences only with the permission of the court
and some others as Non-compoundable offences which cannot be compounded
even with the permission of the court.
According to Section 320 of Criminal Procedure code the offences which may be
compoundable are under;
1. Compoundable without the permission of the court S.320(1)
2. Compoundable only with the permission of the court S.320(2)
3. The others as non-compoundable offences.

PROVISIONS RELATED TO COMPOUNDING OF OFFENCES: SECTION 320:

1. When any offence is compoundable under the above provision, the

abetment of such offence pr an attempt commit such offence is also
compoundable in like manner.
2. When the person who would otherwise be competent to compound an
offence as mentioned in the tables given in Section 320(1) and Section
320(2) is under the age of 18 years or is an idiot or lunatic, any person
competent to contract on his behalf may, with the permission of the court,
compound such offence.
 3. When the person who would otherwise be competent to compound an
offence is dead, the legal representative of such person may, with the
consent of the court, compound such offence.
4. When an accused has been committed for trial or when his appeal against
his conviction is pending in an appellate court, the compounding of the
offence can be made only with the permission of the court to which the
case is committed or the appellate court, as the case may be.
5. The court of revision may, in exercise of its revisional powers, allow any
person to compound an offence, if such person is under the above said
rules competent to compound such offence.
6. No offence shall be compounded if the accused is, by reason of a previous
conviction, liable either to enhance punishment or to a punishment of a
different kind for such offence.
CONCLUSION:

The composition of the offence according to the above rules shall have the
effect of an acquittal of the accused with whom the offence has been
compounded. One a petition of a real and genuine compromise is filed,
composition is complete and effective, and will have the effect of acquittal
though no specific order of acquittal is passed on the petition by the court.
The compromise petition on its being filed in court cannot be withdrawn. A
case may be compounded at any time before the sentence is pronounced.
It is to be borne in mind while granting permission to compound an offence
the court should act judicially and should exercise sound and reasonable
discretion.

WRITE A SHORT NOTE ON WITHDRAWAL OF CASES BY JUDICIAL MAGISTRATES

AND EXECUTIVE MAGISTRATES.

Withdrawal of cases by Judicial Magistrate: Section 410:

Section 410 discuss about the withdrawal of cases by Judicial Magistrate. Under
this section the Chief Judicial Magistrate may withdraw any case from or re-call
any case which he has made over to ay Sub-ordinate Magistrate for the effective
exercise of power under this section, it would be expedient that the proceedings
before the court where the case is pending should be stayed in appropriate cases.

Withdrawal of cases by Executive Magistrate: Section 411:

This section empowers a District Magistrate or Sub-Divisional Magistrate to make

over or withdraw cases which have been started before him to any sub-ordinate
Executive magistrate. Where a case is pending before Sub-Divisional Magistrate,
an application for transfer of proceedings cannot be entertained by the Session
Judge. The Session Judge is also not authorized to pass any interim order staying
the proceedings as only the District Magistrate has been conferred such powers
under section 411 of the code.

An Executive Magistrate making an order or withdrawal cases or making over of a

case has to record reasons for his order as required by section 412 of the code.

Not recording of the reason is only a irregularity and is not a sufficient ground for
setting aside the order passed, unless it causes prejudice to the opposite party.

SHORT NOTES:

EXECUTION OF DEATH SENTENCE:

Section 413 deals with case when death sentence was awarded by the Session
court. This provision lays down the procedure to be followed when death
sentence is passed by the High court in exercise of its appellant or revision
jurisdiction. The execution is not possible without the confirmation by the High
court.

The High Court on such a reference by Session Court may either confirm the
sentence or pass another sentence which it deems proper. It may even annul the
conviction and order the Session Court to initiate a new trial on the same or
amended charge or acquit the accused.
It is only after the confirmation from the court the Court of Session shall issue a
warrant in the prescribed form to the officer of jail for the execution of the
sentence.

Where there is a legal possibility of the offender appealing to the Supreme Court
against the sentence of death, the appeal should not be rendered infructuous by
prompt execution of the sentence. Appeals to the Supreme Court in such cases
are possible under Art 134(1) Or on certificate of fitness granted by the High Court
under Art 132 of Art 134(1)(c) or after obtaining special leave from the Supreme
Court under Article 136 of the Constititution.

Once the Supreme Court entertains an appeal or grants special leave, it would
order the stay of execution poof the sentence during the pendency o the appeal
proceedings before it.

In case of a pregnant woman, if she is sentenced to death, the High court shall
order the execution of the sentence to be postponed and may in its discretion
commute the sentence to imprisonment for life.

When a sentence of death is passed on an escaped convict who is undergoing any

sentence when he escaped, such death sentence shall take effect immediately.

NAME: ARATHY.K.B.

QUALIFICATION: LL.B., LL.M., M.A. (POLITICAL SCIENCE)

EXPERIENCE: 9 YEARS OF TEACHING EXPERIENCE IN
DIFFERENT LAW COLLEGES

2YEARS OF PRACTICE AT LAW IN ALL FIELDS

LL.M DISSERTATION PROBLEMS OF UNDERTRIALS WITH SPECIAL

REFERNECE TO WOMEN IN BANGALORE
PRISION.

ARTICLES PUBLISHED A PERSPECTIVE – TO CHANGE THE INDIAN

JAIL REFORMS TOWARDS UNDERTRIALS.