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CRIMINAL PROCEDURE CODE

 PAPER-II: SYLLABUS
CRIMINAL PROCEDURE CODE, LAW OF JUVENILE JUSTICE AND PROBATION OF OFFENDERS

Unit-I:
The Code of Criminal Procedure, 1973: The rationale of Criminal Procedure — The importance of
fair trial — Constitutional Perspectives: Articles 14, 20 & 21 — The organization of Police,
Prosecutor and Defence Counsel — Pre-trial Process -Arrest — Distinction between “cognizable”
and “non-cognizable” offences — Steps to ensure presence of accused at trial -- Warrant and
Summons cases — Arrest with and without Warrant – impact of S. 41A - The absconder status.

Unit-II:
Rights of arrested persons under Cr.P.C. and Article 22 (2) of the Constitution of India. - Search and
Seizure — Search with and without warrant — Police search during investigation — General
Principles of Search — Seizure — Constitutional aspects of validity of Search and Seizure
proceedings - Trial Process: Commencement of Proceedings — Dismissal of Complaint — Bail, Bail
able and Non-boilable Offences — Cancellation of Bails — Anticipatory Bail — General principles
concerning Bail Bond.

Unit-III:
Preliminary pleas to bar trial — Jurisdiction — Time Limitations — Pleas of Autrefois Acquit and
Autrefois Convict — Fair Trial — Concept of fair trial — Presumption of innocence — Venue of trial
—Jurisdiction of Criminal Courts — Rights of accused -- Constitutional Interpretation of Article 21
as a right to speedy trial — Charge — Form and content of Charge — Trial before a Court of
Session: Procedural steps and substantive rights.

Unit-IV:
Compounding of offences – Plea Bargaining - Judgment: Form and content -- Summary trial —
Post-conviction orders in lieu of punishment — Modes of providing judgment copy — appeals,
review and revisions – Role of Victim in Criminal process – compensation to crime victim.

Unit-V:
Probation and Parole: Authority granting Parole — Supervision — Conditional release --
suspension of sentence — Procedure under Probation of Offenders Act, 1958 -- Salient features of
the Act. Juvenile Justice System -- Juvenile Justice (Care and Protection of Children) Act --
Procedure under Juvenile Justice…Act — Treatment and Rehabilitation of Juveniles —— Protection
of Juvenile Offenders - Legislative and Judicial Role.

Suggested Readings:
1. Kelkar R.V.: Criminal Procedure, Eastern Book Co., Lucknow. 2. Ratanlal and Dhirajlal: The Code
of Criminal Procedure, Wadhwa & Co., 3. Padala Rama Reddi: The Code of Criminal Procedure,
1973, Asia Law House, Hyderabad. 4. S.N. Misra: The Code of Criminal Procedure, Central Law
Agency. 5. M.P. Tandon: Criminal Procedure Code, Allahabad Law Agency.  6. Shoorvir Tyagi: The
Code of Criminal Procedure, Allahabad Law Agency.

ANSWERS TO IMPORTANT QUESTIONS AND CASES

1. Police.
Answer:  The main functionaries exercising powers and discharging duties under the Code of
Criminal Procedure are as follows:
1. Police,
2. Prosecutors,
3. Defence Counsel,
4. Magistrates and Judges, and
5. Prison Authorities and correctional services personnel.
The Police:  Police persons and officers are appointed by the State Government.  The police
department is administered under the Police Act, 1861, or the State Police Act of concerned State. 
The head or in-charge of police force in a State is the Inspector-General of Police of that State.   In
Districts, the District Superintendent of Police administers the police force under the general
control and direction of the District Magistrate who is usually the Collector of the District.
Officer-in-charge of a police station is defined in Section 2(o) of Cr.P.C. to mean ‘officer-in-charge
of a police station.
Duties of the Police: The Code of Criminal Procedure specifies duties –
1. To make arrest (Section 41-60),
2. Search (Section 165),
3. Seize certain property (Section 102) and
4. Prevent cognizable offences (Sections 149 to 153).

Powers of the Police:  

Section 107, Code of Criminal Procedure
(1) When an 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 the peace or disturb the public tranquility and is of opinion that there is
sufficient ground for proceeding, he may, in the manner hereinafter provided, 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.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the
place where the breach of the peace or disturbance is apprehended is within his local jurisdiction
or there is within such jurisdiction a person who is likely to commit a breach of the peace or
disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
In Madhu Limaye and Anr. v. SDM Monghyr and Ors. 1971, Supreme Court has explained the
terms public tranquility and public order so that there are no grounds for confusion; the court held
that public tranquility and public order partially overlap each other. While a person playing loud
music may disturb public tranquility but not the order. The expression public order although
includes tranquility, it also presupposes the absence of insurrection, riot or crimes of violence.
Section 151, Code of Criminal Procedure
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without
orders from a Magistrate and without a warrant, the person so designing, if it appears to such
officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding
twenty-four hours from the time of his arrest unless his further detention is required or authorized
under any other provisions of this Code or of any other law for the time being in force.
     Section 151 empowers the police to arrest a person, without a warrant, whom they believe,
may commit a cognizable offence.
Medha Patkar v. State (2007): In this case, certain landowners of Madhya Pradesh and other
persons affected by Sardar Sarovar Project gathered on the road, shouting slogans, demanding
land for land and other rehabilitation measures. They raised no apprehension of committing a
cognizable offence or disturbing public order or tranquility. Despite that, the police beat up the
protestors along with women and children and arrested all of them under Section 151 of the Code
of Criminal Procedure and were summoned by the Magistrate under Section 107. It was held that
sending them to jail on the failure of furnishing personal bond was a violation of Article 21 of the
Constitution of India.

2. Define trial and explain trial before a Session Court (procedure to be followed).
Answer:  The term ‘trial’ basically means the Court’s decision or a judicial judgement by the Court
so as to decide the person’s guilt or innocence. A trial is of a very crucial importance in a criminal
case. Section 190 of CrPC states those requirements that need to be accomplished before
proceedings can be started by the Magistrate; this statement basically means the power of the
Magistrate to take knowledge of a case. Section 204 of CrPC basically provides Magistrate with the
sole power of either to take the case into the consideration or to reject the case on some grounds.
This section also determines the stage whether a case can enter the stage of trial or not.

Trial before a Court of Session under Code of Criminal Procedure 1973

District court referred to as sessions court when it exercises its jurisdiction on criminal matters
under Code of Criminal Procedure 1973. As per Section 9 of Code of Criminal Procedure, 1973, the
State government establishes court for every session division. The court presided over by a Judge,
appointed by the High Court of that particular state. The High Court may also appoint Additional
Sessions Judges and Assistant Sessions Judges in this court. In India, the Sessions Court has
responsibility for adjudicating matters related to criminal cases.

The court takes the responsible for cases relating to murders, theft, dacoity, pick-pocketing and
other such cases. Trial is an important process to determine whether the accused is guilty of an
offence. Basing on the seriousness of the offence, criminal cases are categorized under two heads
viz:
 Summons cases; and
 Warrant cases.
Among warrant cases, the cases which are more serious in nature are triable by the Court of
Session, while less serious cases are triable by the Courts of Magistrate. A Court of Session cannot
take cognizance of any offence, though it is triable by it. A competent Magistrate takes cognizance
of any offence and commits the case for trial by a Court of Session. Trial of Criminal cases may be
explained with reference to the following heads:
1. Trial (of Warrant-Cases) before a Court of Session.
2. Trial of Warrant-Cases by Magistrates.
3. Trial of Summons-Cases by Magistrates.
4. Summary Trials.

Trial before a Court of Session:

The code lays down the procedure for trial before a court of session as follows:
1. Parties (Section 225): In a trial before a court of session, the prosecution shall be
conducted by a public prosecutor. The accused has a right to engage a counsel of his
choice. If he cannot afford to engage the defence counsel, the court engages at the state
expenses. Before commencing the trial, the accused is supplied with the copies of
documents like police report, F.I.R etc.
2. Opening the case (Section 226):  The public prosecutor opens the case by describing
accusations against the accused. He states briefly by what evidence, he proposes to prove
the guilt. The prosecutor duty is not to secure a conviction but simply to lay the facts of
the case before the tribunal, which is to judge.
3. Discharge of the accused (Section 227): After hearing from both the parties if the court
considers that there is no sufficient ground to proceed against the accused, discharges him
and records the reason for doing so. There is no scope for examination of any witness but
there is scope for both sides to argue their case in favour of framing charge or discharge.
4. Framing of charge (Section 228): After hearing from both the parties if the court presumes
that the accused might have committed the offences:
i) It frames a charge in writing, if the offence is exclusively triable by the Court of Session.
ii) If the offence is not triable exclusively by the session court, it frames charge and transfers the
case to the Chief Judicial Magistrate. It was held in Kanti Bhadra Shah & anr v. State of West
Bengal while exercising power under Section 228 CrPC, the Judge is not required to record his
reasons for framing the charges against the accused.
     While framing charges, only the prima facie case has to be seen. At this stage, the Judge is not
required to record a detailed order necessary to see whether the case is beyond reasonable doubt
as held by the Supreme Court in Bhawna Bai v. Ghanshyam & Ors.
     In Rukmini Narvekar v. Vijaya Satardekar it was ruled by the Court that the accused cannot
produce any evidence at the stage of framing of charge and only those materials can be taken into
consideration which is specified in Section 227 at the time of framing charges.
5. Explaining the charge and enquiry about plea (Section 228(2)): The contents of the charge
have to be explained to the accused as to enable him to plead guilty of the offence or
claim to be tried. In Banwari v. State of UP, the Court held that default in reading out or
explaining the charge to the accused would not vitiate the trial unless it has been shown
that non-compliance with Section 228 has resulted in prejudice to the accused. 
5. Conviction on plea of guilty (Section 229): If the accused pleads guilty, the judge shall
record the plea and may in his discretion convict him thereon. It was held in Queen
Empress v. Bhadu that the plea of guilty must be in unambiguous terms otherwise such a
plea is considered as equivalent to a plea of not guilty. Section 229 states that if an
accused pleads guilty then the Judge shall convict him as per his discretion and shall record
the same. The Court cannot convict an accused on the basis of the plea of guilty where the
offence is of a nature in which the punishment is death or imprisonment for life. In
Hasaruddin Mohommad v. Emperor, the Court held that it will be reluctant for the Court
to convict a person accused of an offence in which the punishment is death or life
imprisonment on the basis of his plea of guilty. The right of appeal of the accused is
curtailed by Section 375 If the accused is convicted on the basis of his plea of guilty.

7. Date for prosecution evidence (Section 230): If the accused refuses to plead or does not
plead or claims to be tried or is not convicted under Section 229, the judge shall fix a date
for the examination of witness or may order for compelling appearance of any witness or
production of a thing/document.
7. Evidence for prosecution (Section 231):
It consists of two points:
i) On the date so fixed as above, the judge takes all such evidence in support of the prosecution.
ii) The judge may in his discretion, permits the cross examination of any witness to be deferred
until any other witness have been examined or recall any witness for further cross examination.
     In Ram Prasad v. State Of U.P, The Supreme Court was held that, if the court finds that the
prosecution had not examined witness for reasons not tenable or proper, the Court would be
justified in drawing an inference adverse to the prosecution.
The Court observed in State of Kerala v. Rasheed that a balance must be struck between the rights
of the accused and the prerogative of the prosecution to lead the evidence while deciding an
application under Section 231(2). The following factors must be considered:
1. The possibility of undue influence,
2. Threats,
3. That non-deferral would enable subsequent witnesses giving evidence on similar fact to tailor
their testimony to circumvent the defence strategy,
4. Loss of memory of the witness whose examination-in-chief has been completed.

9. Arguments of the prosecution (Sec. 314(2)): The prosecution after the close of witnesses
submits a memorandum of his oral arguments. A copy of the same is supplied to the
opposite party.
 9. Examination of the accused: It is to be made without administering oath. It is to give an
opportunity to him to explain the circumstances alleged against him by prosecution.
9. Acquittal (Sec. 232): After hearing from both the parties if the judge considers that the
accused has not committed the offence, record an order acquitting the accused.
9. Entering upon defence (Sec. 233): If the accused is not acquitted, he shall be called upon to
enter on his defence. The court may summon or examine at any stage any person as court
witness.
9. Arguments (Sec. 234): After recording defence, the prosecutor sums up his case and the
accused or his pleader shall be entitled to reply. The prosecutor may be allowed to make
his submission in case any law point is raised by the defence.
9. Judgment of acquittal or conviction (Sec. 235): After hearing arguments from both the
sides, the court delivers judgment of acquittal or conviction. On this point, the Apex Court
in Santa Singh v. State of Punjab held that the Judge should first pass a sentence of
conviction or acquittal. If the accused is convicted he shall be heard on the question of
sentence and only then the Court shall proceed to pass a sentence against him.
     In Bacchan Singh v. State of Punjab, it was ruled by the Court that this Section provides for a
bifurcated trial and specifically gives to the accused person a right of pre-sentence hearing which
may not be strictly relevant to or connected with the particular crime under inquiry but may have
a bearing on the choice of the sentence.
15. Previous Conviction (Section 236): In a case where a previous conviction is charged under
the provisions of sub (7) of Sec. 211, and the accused does not admit that he has been
previously convicted as alleged in the charge, the judge may take evidence in respect of
the alleged previously conviction and shall record a finding there on:
Provided that no such charge shall be read out by the judge not shall the accused be asked to
plead thereto nor shall the previous conviction be referred to by the prosecution or in any
evidence adduced by it unless and until the accused has been convicted under Sec. 299 or Sec. 235.
16. Procedure in cases instituted under Sec. 199(2) (Sec. 237):
i) A Court of Session taking cognizance of an offence under sub sec. (2) of sec 199 shall try the case
in accordance with the procedure for the trial of warrant cases instituted otherwise than on a
police report before a court of magistrate.
ii) Every trial under this section shall be held in camera if either party thereto so desires or if the
court thinks fit so to do.
iii) If, in any such case, the court discharges or acquits all or any of the accused and is of the
opinion that there was no reasonable cause for making the accusation against them or any of
them, it may try its order of discharge or acquittal, directs the person against whom the offence
was alleged to have been committed to show cause why he should not pay compensation to such
accused or to each or any of such accused, when there are more than one.
iv) The court shall record and consider any cause which may be shown by the person so directed
and if it is satisfied that there was no reasonable cause for making the accusation, it may make an
order that compensation to such amount not exceeding Rs.1000 it may determine, be paid by such
person to the accused or to each or any of them.
v) Compensation awarded under sub sec. (4) shall be recovered as if it were a fine imposed by a
magistrate.
vi) No person directed to pay compensation under sub sec (4) shall be exempted from any civil or
criminal liability in respect of the compliant made under this section.
vii) The person who has been ordered under sub sec. (4) to pay compensation may appeal to the
High Court.
viii) When an order for payment of compensation to an accused person is made, the compensation
shall not be paid to him before the period allowed for the presentation of the appeal has elapsed,
or if an appeal is presented, before the appeal has been decided.
3. Explain the law relating to Warrant Cases and Summons Cases.
Answer:  
There are two categories in which the criminal cases can be classified on the provisions laid down
in the code:-
 Summon Case:- Definition of summon case is given in 2(x)means, Summon case means a
case relating to an offence not being a warrant case.
 Warrant Case: Means a case relating to an offence punishable by death, imprisonment for
life or imprisonment for a term exceeding two years.
The criteria of summons case and warrant case determine the duration of punishment in any
offence is punishable with fine of Rs. 50/- then such matter is summon case, a case of Public
Prosecutor v. Hindustan Motors, Andhra Pradesh-1970.

The issue of summon or warrant in any case does not change the nature of the case, supposing
warrant is issued in a summon case it does not make the case a warrant case, in case of
Padamnath v. Ahmad Dobi-1970.

Procedure of trial of Warrant Case:- CrPC lays down the procedure for a warrant case as under:-
A. Cases must be instituted upon police report:- Section 238 of 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 :-

1. Copy of the police report and other documents to be provided to the accused on the
institution of any warrant case when the accused appears or brought before a magistrate
at the commencement of the trial.
2. Discharge of accused on groundless charges: – On receiving the police report & other
documents and providing of the accused the magistrate shall consider each report. He
shall be provided a reasonable opportunity of hearing to accused and prosecution (it is
commonly called charge argument); the magistrate shall examine the accused if necessary.
If the magistrate finds that the charge against the accused is groundless he shall discharge
the accused under Section 239. He will also check the prima facie of the case. Case of State
v. Sitaram Dayaram-1959.
3. The framing of charge:-If the magistrate is of the opinion that there is a ground for
presuming that the accused has committed an offence and is competent to try such
offence which can adequately punish the accused in his opinion. Then the charge shall be
framed against the accused in writing and trial will start. Case of Col.S.Kashyap v. State of
Raj. 1971.
4. Conviction of plea of guilty:-if the accused pleads guilty the magistrate shall record the
plea and may in his discretion convict him.
5. Evidence for the prosecution: – If the accused refuses to plead guilty and claims to be
tried, the magistrate shall fix a date for the examination of the witnesses, u/s 242, and
case State v/s Suwa-1962.
6. Evidence for defence:- u/s 243 on completion of prosecution witnesses, defence witnesses
produces by the accused, the expenses on compelling the attendance of the witnesses
shall be borne by the accused.

B. Cases instituted otherwise than upon police report:- The procedure of trial for summons cases is
less brief in nature.

1. There is no need of framing of formal charge in summons cases.

2. Accused can be convicted or acquitted.
 3. Summons case cannot be reopened after completed once.
4. The complainant can withdraw his complaint in a summon case.  Its effect would be the
acquittal of accused.
5. In summon cases summons are generally issued to the accused.
6. Accused is not required to be heard on the question of sentence in summon case.
7. In summon cases there is no need for arguments generally before substance prosecution.
8. In summon case if the accused pleads guilty the Magistrate shall record the plea and may
convict him on that basis under Section 252.
9. In summons case if the magistrate does not convict the accused on his plea of guilty he
shall proceed to hear the prosecution and take all evidence. He will also hear the accused
and take all evidence produced by the accused under Section 254(1).
10. u/s 257, on the satisfaction of the magistrate he may permit the complainant to withdraw
his complain thereupon the accused shall be acquitted.
11. In a summon case no provisions authorizing the magistrate to permit the cross-
examination of any prosecution witnesses to be deferred or recall of any witness for
further examination.
12. In summon case when summon has been issued to the complainant and he fails to appear
on fix date the accused may acquit unless for some reasons he thinks to adjourn the
hearing of the case to some other day u/s 257.
4. Define and Differentiate between cognizable and non-cognizable offences with suitable
examples.
Answer:  
Cognizable Offence
“Cognizable offence” means an offence for which and “cognizable case” means a case in which, a
police officer may, in accordance with the First Schedule or under any other law for the time being
in force, arrests without warrant. The Code of Criminal Procedure has no guidelines to determine a
particular offence is cognizable or non-cognizable. However, the Code also contains the Schedule I
which refers to all the offences under the Indian Penal Code and puts them into cognizable and
non-cognizable categories. Cognizable are serious offences. The seriousness of the offence leads
for maximum punishment. The First Schedule contains offences under the laws other than the
Indian Penal Code which are punishable with imprisonment for three years or more. They are
punishable with less than three years or with fine only.
They are usually offenses which are serious in nature. Examples of offences are:
1. Waging or attempting to wage war, or abetting the waging of war against the government
of India,
2. Murder,
3. Rape,
4. Dowry Death,
5. Kidnapping,
6. Theft,
7. Criminal Breach of Trust,
8. Unnatural Offenses.
Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the
Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence.
Key Elements:
1. Cognizable offences are those where a police officer can arrest without warrant.
2. And such cases, after arrest has been made, the accused will be produced before a
magistrate, and he may require the police officer to investigate the matter.
3. After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the
magistrate can order for arrest.
 4. During the pendency of trial, bail application can be moved before the concerned
magistrate.
5. Cognizable offences are both bailable, and non-bailable.
Non-Cognizable Offence
“Non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in
which, a police officer has no authority to arrest without warrant. Such offences are minimal
offences where the injury done to the society is comparatively small. The aggrieved party
expected to file a complaint before criminal proceedings starts. The non-cognizable offences
contain more private wrong. Therefore, initiative is taken by citizen to prosecute the offender and
also collect the evidence. A police officer cannot arrest without a warrant and such an officer has
neither the duty nor the power to investigate into such offences without the authority given by a
Judicial Magistrate.
Examples of Non-Cognizable offenses. These offences are not much serious in nature.
1. Assault,
2. Cheating,
3. Forgery, and
4. Defamation
Key Elements:
1. Non cognizable offences are those, where a police officer cannot arrest without a warrant.
2. In such offences for arrest, all the steps have to be followed like
 Filing of complaint/F.I.R.
 Investigation
 Charge sheet,
 Charge sheet to be filed in court
 Trial
 Final order of arrest if case has been made out.
Differences between Cognizable and non-cognizable offence
1. The offence in which the police suo motu takes cognizance of crime and also does not
need approval of court, known as a cognizable offence. While, in non-cognizable, police
has no authority to arrest a person for crime on its own, without prior approval of court.
2. In cognizable, the police can arrest a person without any warrant. While, in case of non-
cognizable offence, a warrant must needed for arrest of person.
3. In cognizable, court’s order is not required to start an investigation. Conversely, in the
non-cognizable offence, first of all, court’s order should be obtained for undertaking an
investigation.
4. Cognizable are heinous crimes, whereas non-cognizable offences are not so serious.
5. Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the
contrary, non-cognizable offences include offences like forgery, cheating, assault,
defamation and so forth.
6. For a cognizable, one can file FIR or make a complaint to the magistrate. Unlike, in case of
non-cognizable offence one can only make a complaint to the magistrate.

Cognizable Non-Cognizable

It is the offence in which a police officer can It is the offence in which a police officer cannot
arrest the convict without the warrant. arrest a person without the warrant.

The police can start a preliminary The police officer cannot start the investigation
investigation without the permission of the
 court or without registering the FIR. without the permission of the court.

These are heinous crimes like murder, rape, These crimes are not so serious like forgery,
dowry death etc. cheating, defamation etc.

The victim can file an FIR or make a The victim can only make a complaint to the
complaint to the magistrate. magistrate.

It is defined in the Section 2(c) of the Criminal It is defined in Section 2(I) of Criminal
Procedure Code, 1973. Procedure Code 1973.

The police officer is not bound to register the

The police officer is bound to register the FIR
FIR or cannot register the FIR without prior
even without the permission of Magistrate.
permission of the magistrate.

It is a non-bailable offence. It is a bailable offence.

5. Seizure.
Answer: The act of seizing is well known as a seizure. It is an action coupled with force in which an
object or person is suddenly taken over, grabbed, removed, or overwhelmed.
     Search and seizure is also an essential stage in the process of effective investigation. There are
two methods in which police can affect search and seizure. One under a warrant which is issued
under any of the provisions of Sections 93, 94, 95, and 97 and the other is without a warrant under
any of the provisions of Sections 103, 165 and 166 of CrPC. the basic provisions as to search and
seizure are laid down in Section 100 of CrPC. The procedure set out in the section is generally
followed in offenses committed under the Indian Penal Code as well as in special and local laws
with a little variance. Thus, in all situations of search and seizure, the investigating police should
follow the procedures laid down under Sections 100 and 165 of CrPC. Section 102 provide the
power of police officers to seize certain property.
     The police may have to affect search and seizure in one or more places. One at the scene of the
crime and the other at places where the persons involved in crime are hiding and places where the
incriminating articles to crime are kept or concealed.
CrPC Chapter VII Section 102:  Power of police officer to seize certain property:
1. Any police officer may seize any property which may be alleged or suspected to have been
stolen, or which may be found under circumstances which create suspicion of the
Commission of any offence.
2. Such police officer, if subordinate to the officer in charge of a police station, shall forthwith
report the seizure to that officer.
3. Every police officer acting under Sub-Section (1) shall forthwith report the seizure to the
Magistrate having jurisdiction and where the property seized is such that it cannot be,
conveniently transported to the Court or where there is difficulty in securing proper
accommodation for the custody of such property, or where the continued retention of the
property in police custody may not be considered necessary for the purpose of
investigation, he may give custody thereof to any person on his executing a bond
undertaking to produce the property before the Court as and when required and to give
effect to the further orders of the Court as to the disposal of the same.
Provided that where the property seized under Sub-Section (1) is subject to speedy and natural
decay and if the person entitled to the possession of such property is unknown or absent and the
value of such property is less than five hundred rupees, it may forthwith be sold by auction under
the orders of the Superintendent of Police and the provisions of Sections 457 and 458 shall, as
nearly as may be practicable, apply to the net proceeds of such sale.
     In Suresh Nanda vs. C.B.I., it has been observed that police may be vested with power of
making seizure of passport in terms of Section 102(1) of the Code, but is devoid of power to
impound the same, as the power to impound passport in terms of Section 10(3) of the Passport
Act, 1967, is vested with the Passport Authority. 

6. Charge Sheet.
Answer:  On the completion of Investigation, the police are required to follow certain procedures
as laid down in Section 169 of CrPC till Section 173 of CrPC. Submission of the police report within
a kind of “charge-sheet” or “challan” is the end-result of such investigation by police. Section 169
accords with the cases of lack of evidence. Section 170 with the cases where the accused is
shipped up for the trial and Section 173 provides for general instructions for both the section 169
and 170. The expression “final Report” is not used in the CrPC, but the report submitted by the
police officer is called the “final report”. 
     The investigation consists of several stages which ultimately ends in the creation of an opinion
by the police, on the material or evidence covered and collected. Then a case is formed to place
the accused for trial before the Magistrate and submission of a final report under Section 169 or a
charge-sheet under Section 170, is dependent on the nature of the opinion which is formed by the
police. The creation of the said opinion by the police is the final step in the investigation and this
final step is to be taken by the police and by no other authority.
Police report / Charge-sheet: Section 2(r) of CrPC talks about the expression ‘police report’,
according to which a report is forwarded by a police officer to a Magistrate under Section 173(2).
The report should be in the manner that is prescribed by the State Government as per the
particulars mentioned in clause (a) to (g) of sub-section (2) of Section 173. The police report
submitted under this section is called the End Report. If this report constitutes an attempt of a
crime by an accused person, that report is commonly called the “charge-sheet” or the “challan”. 

 The charge sheet made by the Police correlates and mentions the complaint of that private
individual on which the criminal proceedings have taken place. Submission of the Charge
sheet by the police officer reflects that the initial investigation and preparation regarding
the same case are done and now Magistrate can take offence committed under his
consideration as stated in Rama Shankar v. State [AIR 1956 All 525].
 The Magistrate cannot interfere in any of his judicial capacity and as a court until he
receives the final report by the police officer as per Section 173. Also, there can be no
occasion for the Magistrate to make any judicial order about the police investigation as
stated in M.L. Sethi v. R.P. Kapur [AIR 1967 SC 528].
Supplementary Report on further investigation
The submission of the report by the police officer shall not prevent further investigation in respect
of an offence when some additional evidence is obtained.
     Section 173 says nothing as far as the investigation is concerned in respect to the offence that
took place, the police officer needs to submit all the extra evidence obtained after the submission
of the report if they manage to obtain any irrespective of the old evidence that already exists
should be passed on to the Magistrate.
Particulars of the report:  As soon as the investigation is completed in respect to the case, the
police officer needs to submit the final report made to the authorised Magistrate who can take
action on the case further. A report in the form prescribed under Section 173(2)(i) by the State
Government, stating:

1. The names of the parties

2. The nature of the information
3. The names of the persons who appear to be familiar with the circumstances of the case
4. Whether any offence appears to have been committed and if so, then by whom
5. Whether the accused been arrested
6. Whether the accused has been released on his bond and if so, then whether with or
without sureties
7. Whether he has been put in custody under Section 170.
Submission of this police report is a part of the investigation.
In Abhinandan Jha v Dinesh Mishra (AIR 1968 SC 117): It has been opined that the Magistrate is
not entitled to order an investigation by a senior police officer in charge of the police station.
     In this case, the court observed that the creation of the opinion by the police officer by whom
or under whom the investigation took place, is the final step in the investigation and that final
step is to be taken by the police and not by any other authority. Thus, there is no power expressly
or impliedly given under the provisions to a magistrate to call upon the police to submit a charge-
sheet. When the police officer has sent a report under Section 169 that there is no case can be
made from the following report to send the accused for trial, in that case the charges are to be
made by the Magistrate to keep in mind the report submitted by the police as per Section 228 and
Section 240 of CrPC.

7. Define Arrest and Rights of arrested person.

Answer:  Introduction
The code has not defined the term arrest. The term arrest means apprehension of a person by
legal authority so as to cause deprivation of liberty.
     As per Legal Dictionary by Farlex, Arrest means a seizure or forcible restraint; an exercise of the
power to deprive a person of his or her liberty; the taking or keeping of a person in custody by
legal authority, especially, in response to a criminal charge.
Definition:  In R.R. Chari v. State of Uttar Pradesh, the apex court defined arrest as the act of being
taken into custody to be formally charged with a crime. The court observed that in a
Constitutional sense, it means the seizure of a person (body of a person).

     In State of Punjab v. Ajaib Singh, the court observed that arrest is the physical restraint put
upon an abducted person in the process of recovering and taking that person into legal custody
with or without any allegation or accusation of any actual or suspected commission of the offence
Elements
The elements necessary to constitute arrest were summarised by the Madras High Court in Roshan
Beevi v. Joint Secy. to the Govt. of Tamil Nadu. The vital elements required to institute arrest are:
1. There must be an intent to arrest under legal authority,
2. There must be seizure or detention of the person,
3. The person must be in the lawful custody of the arresting person and
4. The act of arrest must include the actual confining of the person and not mere oral
declaration of arrest.
Types of arrest
1. arrest made in pursuance of a warrant issued by a magistrate
2. arrest made without such a warrant
When Police may arrest without a warrant?
Section 41 is the main section providing for situations when Police may arrest without warrant.
It lays down following grounds when a police officer can arrest without a warrant
1. Who has been concerned in any cognizable offence such as murder, rape, kidnapping,
theft, etc. or
2. Who has in possession, without, lawful excuse, of any house breaking weapon or
3. Who has been proclaimed as an offender either under CrPC or by order of the State Govt.
or
4. Who is in possession of any stolen property or
5. Who obstructs a police officer while in the execution of his duty or who has escaped, or
attempts to escape, from lawful custody or
6. Who is reasonably suspected of being a deserter from any of the Armed forces of the
Union or
7. Who has been concerned in any law relating to extradition or
8. Who, being a released convict commits a breach of any rule made under sub-section (5) of
Section 356 CrPC or
9. For whose arrest any requisition has been received from another police officer specifying
the person to be arrested and the offence and other cause for which the arrest is to be
made.
Rights of an arrested person
The benefit of the presumption of innocence of the accused till the time he is actually found guilty
at the ending of a trial substantiated with evidence, is one of the basic tenets of our legal system.
It is a characteristic of our democratic society that even the rights of the accused are deemed to be
sacrosanct, and even though he is charged with an offence however that does not render him as a
non-person. Our statute is quite careful towards anyone’s personal liberty and hence doesn’t
permit the detention of any person without proper legal sanction.
Available rights: There are two types of rights available to the arrested:
 Rights at the time of arrest
 Rights at the time of trial
1. Right to be informed of the grounds for arrest {Section 50(1) of the Cr.P.C and Article
20(1)},
2. Right to bail (Section 50(2) of the CrPC),
3. Right to be produced before Magistrate within 24 hours (Section 56),
4. Right of not being detained for more than 24 hours without judicial scrutiny (Section 57),
5. Examination of arrested person by medical officer (Section 54),
6. Right to consult a legal practitioner (Section 303 of the CrPC),
7. Right of an arrested indigent person to free legal aid and to be informed about it (Sec 304
of CrPC),
8. Arresting a woman: According to National Human Rights Commission guidelines on arrest,
As far as practicable, women police officers should be associated where women are arrested
and arrest of women between sunset and sunrise should be avoided.
9. According to Section 53(2) of Code of Criminal Procedure, 1973, and 10 Basic Standards for
Law Enforcement Officials Proposed by Amnesty International, Medical examination of
women should be carried only under the supervision of female medical practitioners.
10. Right to silence:  The right to silence has its origin from common law principles. So in
general sense the courts or tribunals should not conclude that the person is guilty of any
conduct merely because he was not responding to questions which were raised by the police
or by the court.
     Article 20(3) of Constitution of India guarantees every person the right against self-
incrimination, and it has been stated under this article that no person, who has been
accused of an offence, shall be compelled to act as a witness against himself. This same
rule has been reiterated by a decision of Supreme Court in the case of Nandini Sathpathy
 v. P.L.Dani and it was held by the court in this case that no one can forcible extract any
statement from the accused and no matter what, the accused has the sole right of being
silent during the course of investigation and interrogation.
11. It was held by the Supreme Court in the year 2010 that narco-analysis, brain mapping and
lie detector test are in violation of Article 20(3) of the Constitution of India and that by
administration of these tests, forcible intrusion into a person’s mind is being conducted which
further nullifies the validity and legitimacy of this right.
11. Right to know the grounds,
      Rights at trial:
13. Right to a fair trial (Article 14),
13. Right to a speedy trial:  Regardless of this right not being mentioned in the constitution,
the SC in the Hussainara Khatoon case has made it mandatory that the investigation in the
trial must be conducted as expeditiously as possible.
13. Right to Consult a Legal Practitioner:  It is the right of every arrested person to consult a
legal practitioner of his own choice. This has also been enshrined as a fundamental right in
Article 22(1) of the Constitution of India, which is undeniable in all cases. Section 50(3) of the
Code also states that the person against whom proceedings are initiated has a right to be
defended by a pleader of his choice. This right begins as soon as the person is arrested.
13. Right of Free Legal Aid:  The Supreme Court in the case of in Khatri v. the State of Bihar
held that the state is under a constitutional obligation as is implicit in article 21 of the
constitution as well to provide free legal aid to an indigent accused person.

8. Define and Differentiate between Complaint and First Information Report.

Answer:  Complaint:  
Reporting the commission of a crime is the foremost step in setting the criminal law proceedings in
motion. The general public has an impression that the process of reporting an offence and setting
the law in motion is Kafkaesque (complex). Though it is true that the statutory provisions on
reporting crimes are filled with jargons, the procedure, in essence, is direct and straightforward.
The fundamental question that arises on the subject of reporting crimes is who can report about
the commission of a crime and to whom? As per the procedural laws in India, it is not necessary
that only the person who is victimized by the crime needs to report the same. Any person can pass
on the information to the law enforcement agency. 
     With respect to the question “to whom”, the information can be given both to the police as
well as the jurisdictional Judicial Magistrate. A person who wishes to report the commission of an
offence has two options, either to give information to the police or to file a complaint to the
magistrate. While the former method proceeds with an investigation by police and trial thereof,
the latter involves prosecution by private persons.

Difference between Complaint and Information

Information - As per Section 154 CrPC, any information regarding commission of a cognizable
offence can be reported to the Police by a witness or victim or a person who has knowledge about
the act. The said information will be recorded as FIR. 
Complaint - Whereas, as per Section 2(d) of CrPC, a complaint is an allegation made to the
Magistrate in writing or verbal form which mentioned about the offence committed by a person
whether known or unknown and does not include a police report.  
Difference
Though in common parlance, verbal information given to a police officer is named as “complaint”,
as per CrPC, it will still be treated as information and not a complaint.
First Information Report:
The basic purpose of filing a FIR is to set criminal law into motion and not to state all the minute
details therein. A First Information Report is the initial step in a criminal case recorded by the
police and contains the basic knowledge of the crime committed, place of commission, time of
commission, who was the victim, etc. The definition for the First Information Report has been
provided in the Code of Criminal Procedure, 1973 by the virtue of Sec. 154, which lays down that:
     “Every information relating to the commission of a cognizable offence, if given orally to an
officer in charge of a police station, shall be reduced to writing by him or under his direction, and
be read Over to the informant; and every such information, whether given in writing or reduced to
writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State Government may prescribe
in this behalf”.
     The Hon’ble Supreme Court of India, while delivering its judgment in the matter of T.T.Antony
vs. State of Kerala & Ors., laid down certain important points regarding Sec. 154 of the Cr.P.C:
“ Information given under sub-section (1) of Section 154 of Cr.P.C., is commonly known as the First
Information Report (FIR), though this term is not used in the Code….And as it’s nick name
suggests, it is the earliest and the first information of a cognizable offence recorded by an officer in
charge of a police station”.
Who Can Lodge an FIR?
FIRs can be registered by a victim, a witness or someone else with knowledge of the crime. As per
the laws laid down u/s 154 of the Cr.P.C, the complainant can give information about the offence
either in written or orally. In regard to who can file an FIR, the Apex Court of India has observed
that;
     “Section 154 does not require that the Report must be given by a person who has personal
knowledge of the incident reported. The section speaks of information relating to the commission
of a cognizable offence given to an officer in charge of a police station”
     The police are obliged to read the FIR back to the complainant in case it is conversed to them
orally to prevent the possibility of any differences in the oral and the written versions. Further it is
the duty of the complainant to report to the police station in person in case he had given the
information on a telephone.
Providing a Copy of FIR to the Complainant and to the Accused:
Under Indian criminal law, the informant, as seen earlier, is entitled to get a copy of the first
information report lodged by him at the police station free of cost. It is a necessary document in a
criminal case and can majorly support the case of the informant or the victim. However, the
accused person is also entitled to get a copy of the first information report. Sec. 207 of the Code of
Criminal Procedure, 1973 entitles the accused to get the copy of the first information report the
investigation has been completed by the police in the said case, and the charge sheet has been
filed in the Court. The provision states that the Magistrate, in such circumstances, must furnish to
the accused a copy of the FIR free of cost.

Difference between FIR & Complaint:

Crime is a wrong against the society at large. It creates an alarming situation in the society.
Therefore, any person can come up with a complaint or information before the concerned
authority. The motive of both the things is to attract the attention of the authorities and to punish
the offender. Informing of a commission of crime is one of the important processes in Criminal
Justice System.
Basis of FIR Complaint
Difference

Definition FIR is not defined in the code. Complaint is defined u/s 2 (d), which means any
 However, it can be said to be allegation made orally or in writing to a
information given to the police magistrate, with a view to his taking action under
first in point of time relating to a the code, that some person whether known or
cognizable offence. unknown has committed an offence. It, does not
include a police report
Who may First information report may be Whereas, Complaint can be filed by any person
Apply? lodged by any person such as the subject to certain exceptions.
aggrieved party or an eye
witness
Whom to First information report is made Complaint is made to a magistrate
Apply? to the competent police officer

Nature of First Information Report must A complaint may relate to a cognizable or non-
Offence relate to a cognizable offence on cognizable offence.
the face of it.

Investigation When a FIR is lodged, a policer Whereas, when complaint is filed no investigation
officer starts with investigating is done by the police officer until directed by the
the matter. competent authority.

Cognizance At the first instance no A Magistrate takes cognizance on the complaint

cognizance is taken by the made to him at the very first stage.
Magistrate until particular FIR is
reported to him.
Format There is prescribed format by No prescribed format is given for filing a
law for FIR complaint. But some essential ingredients are to
be satisfied.

9. Define Charge and what the exceptions of charge are?

Answer:  Definition of Charge:
Charge defined under section 2(b) of The Code of Criminal Procedure (in short CrPC) includes any
head of charge when the charge contains more heads than one. Charge simply means accusation.
A charge is a formal recognition of concrete accusation by magistrate or a court based upon a
complaint or information against the accused.
     The Court held that the purpose of framing of charge is to give intimation to the accused of
clear, unambiguous and precise notice of the nature of accusation that the accused is called upon
to meet in the course of trail. (V C Shukla Vs State 1979 AIR 962) A charge may be defined as
precise formula of a specific accusation made against a person of an offence alleged to have been
committed by him. (Biricch Bhuian Vs State of Bihar AIR 1963 AIR 1120).

Content of Charge (Section 211 CrPC)

1. It must state the offence with which the accused is charged.
2. If the law creates the specific name of the offence, the offence must describe in the charge
by that name only,
3. If does not give any specific name, the definition of the offence must be state.
 4. The law and Section of the law against which the offence is said to have been committed
must be mentioned in charge.
5. The charge must be written in the language of the court.
6. Particulars as to time, place and person:  As per Section 212(1) of the CrPC, the charge shall
contain such particulars as to the time and place of the alleged offence, and the person (if
any) against whom, or the thing (if any) 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 exceptions to Section 218 

Exception 1 
Three offences which are of the same kind, committed within a year may be charged together:
This section has been provided to avoid multiplicity of the proceedings when the offences are of
the same kind. It contains two circumstances: 
1. According to Section 219(1), if a person has been accused of three offences of the same
kind then the person can be tried for all the offences together if they have been
committed within a span of twelve months from the first to the last offence. 
2. Section 219(2) talks about the offences which are of the same kind, also punishable with
the same quantum of punishment. 
Exception 2 
Offences which are committed in the course of the same transaction and tried together. It consists
of the following: 
1. If a person has committed a series of acts, which are so intrinsically connected together
that they form a single transaction, such series of offences shall be charged and tried
together. The word ‘transaction’ has not been defined under the Code
2. In case of offences of Criminal breach of trust or dishonest misappropriation of property
and their companion offences of falsification of accounts. Many a time, the offences of
criminal breach of trust or dishonest misappropriation of property are committed along
with the offence such as falsification of accounts etc., the latter offence committed in
order to fulfil the objective of the former offence. In such cases, Section 220(2) enables the
Courts to try such offences together. 
3. If a single act falls under within different and separate definitions of offences, such
different offences shall be tried together as mentioned under Section 220(3).  For e.g.: If a
person X, wrongfully strikes a person Y with a cane, then X can either be charged with and
tried separately of offences under Sections 352 and Sections 323 of the Indian Penal Code
or may be tried and convicted together. 
4.  If the acts which form an offence also constitute different offences when separately taken
and tried or taken in groups, such offences shall be tried to be one in a single trial.   For
e.g.: If A commits the offence of robbery on B, and while doing so he voluntarily causes
hurt to B, then A may be separately charged with, and convicted of the offences
mentioned under Sections 323, 392 and 394 of the Indian Penal Code. 
Exception 3 
Section 221 provides for the cases wherein there is some doubt related to the circumstances and
incidents which took place during the commission of the offence. According to this section, if the
accused has committed a series of acts which lead to confusion regarding the facts should be
proved, the accused might be charged with any or all of such offences or charged for alternative
offences. In such cases, the accused is charged for one offence and during the stage of evidence, if
it is proved that he has committed a different offence, he may be convicted for the same even
though he was not charged with the same. 
Exception 4 
Section 223 talks about the class of persons who can be tried jointly. This section permits a joint
trial of several persons under the specified circumstances as there exists some nexus among the
various offences committed. The various classes shall not be treated as mutually exclusive and
could be combined together if necessary. According to this section, the following classes of
persons may be tried and charged together: 
1. The accused persons who have committed the same offence in the course of the same
transaction.
2. The persons who have committed a particular offence and those who have abetted the
commission. 
3. The persons who are covered under the ambit of Section 219.
4. The persons who in the same course of the transaction have committed different offences.
5. The persons who have committed offences such as theft, extortion, cheating, or criminal
misappropriation of the property along with the persons, who have received, retained,
assisted in the disposal or concealment of property, possession of which is illegal and has
been alleged to be illegal. 
6. The persons who have been accused of commission of offences under Section 411 and
section 414 of the Indian Penal Code or under those sections in respect of stolen property,
possession of which has already been transferred by another offence.
7. The persons who have been accused of any offence under Chapter XII of the Indian Penal
Code related to the counterfeit coins.
The accused persons, whose cases have not been covered under any of the classes of Section 223,
cannot himself claim a joint trial. The proviso to this Section puts a check on the discretionary
power of the court. 
     The rules contained from Section 218 to Section 223 have been made for the benefit of the
accused. It is not required to treat the various classes of sections as mutually exclusive. The Courts
have been given the authority to combine the provisions of more than two clauses. The joint trial
of several persons partly by applying one clause and by partly applying another clause has also
been authorised.

10. Define Juvenile and describe salient features of the Juvenile Justice Act, 2000.
Answer:  Juvenile can be defined as a child who has not attained a certain age at which he, like an
adult person under the law of the land, can be held liable for his criminal acts. The juvenile is a
child who is alleged to have committed /violated some law which declares the act or omission on
the part of the child as an offence. Juvenile and minor in legal terms are used in different context.
Juvenile is used when reference is made to a young criminal offenders and minor relates to legal
capacity or majority. The concept of the juvenile varies from State to State for convenience. In
India, until passing of Children Act, 1960 there was no uniformity regarding age limitation of
juvenile delinquent.
     Juvenile Justice Act, 1986 defined a juvenile or child to be a person who in case of a boy has not
completed age of 16 years and in case of a girl 18 years of age. The JJA Act, 1986 was repealed by
2000 Act and the distinction with regard to age between male and female juveniles has been done
away with by the Government of India in performance of its obligation to the international
obligations. Now age of juvenile in conflict with law for male and female has been fixed at 18
years. A juvenile in conflict with law under the JJ (C & P) Act, 2000 is a juvenile who is alleged to
have committed an offence and has not completed 18 years of age as on the date of commission
of such offence. Recently under the new Juvenile justice act, 2015 In case of a heinous offence
alleged to have been committed by a child, who has completed or is above the age of sixteen
years, the Juvenile Justice Board shall conduct a preliminary assessment with regard to his mental
and physical capacity to commit such offence, ability to understand the consequences of the
offence and the circumstances in which he allegedly committed the offence.
Salient features of JJA:
1. The Juvenile Justice Act was brought into place to deal with two kinds of juveniles or
children. (a) child in conflict with the law and (b) child in need of care and protection. As I
 mentioned before, a juvenile or a child is a person who is below the age of 18. The age was
brought up to 18 years from the previous 16 years by the amendment of the Act in the
year 2000.
2. Child in conflict with the law as the name suggests is a child who has allegedly committed
an offence whereas a child in need of care and protection is a child who has been
abandoned or is destitute.
3. The Act provides for rules and regulations to be followed and institutions to be instituted
to try and hear cases of children in conflict with the law.
4. a. The Act known as ‘The Reformatory Act’ deals with two categories of children, namely
children in need of care and protection and children in conflict with the law.
b. The competent authority to deal with children in need of care and protection is the
Child Welfare Committee (CWC) which constitutes a Chairperson and four other members,
one of whom at least should be a woman. Chapter IV of this Module would focus in detail
about Children in need of care and protection and the functioning of the CWC in
rehabilitation and disposition of cases
c. Juvenile Justice Board (JJB) is the competent authority to deal with children in conflict
with law which comprises of three members. The Chairperson of the Board should be a
First Class Judicial Magistrate and two honorary social workers out of whom at least one
should be a woman. Special provisions for children in conflict with law and the
responsibilities of the Board are discussed in detail in Chapter III of this Module.
      5. The Act provides for the establishment of various kinds of Institutions such as
          - Children’s Home for the reception of child in need of care and protection.
          - Special Homes for the reception of child in conflict with law
           - Observation Homes which are meant for the temporary reception of children during the
pendency of any inquiry.
         - After-care Organizations which are meant for the purpose of taking care of children after
they have been discharged from Children’s Home or Special Homes.
      6.  A few sections in the Act (Sec 23 – 26) are focused on the offences committed by anyone
against a child such as assault, causing mental or physical suffering and employment of a child
which are considered as non bailable offences.

11. Plea Bargaining.

Answer:  The famous saying “Justice delayed is justice denied” holds utmost significance when the
concept of Plea bargaining is discussed. The number of cases pending in the courts is shocking but
at the same time, it has been normalized by people. These astonishing figures are no more
astonishing because people have started accepting this as their fate. The concept of plea
bargaining was not there in criminal law since its inception. Considering this scenario, Indian Legal
scholars and Jurists incorporated this concept in Indian Criminal Law. As the term itself suggests
that it is an agreement between accused and the prosecutor. Many countries have accepted this
concept in their Criminal Justice System (CJS).

Meaning of Plea Bargaining:

Plea bargaining is a pretrial negotiation between the accused and the prosecution where the
accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a
bargain where a defendant pleads guilty to a lesser charge and the prosecutors in return drop
more serious charges. It is not available for all types of crime e.g. a person cannot claim plea
bargaining after committing heinous crimes or for the crimes which are punishable with death or
life imprisonment.
History of Plea Bargaining:  In the Jury System, the need for plea bargaining was not felt because
there was no legal representation. Later on, in 1960 legal representation was allowed and the
need for Plea Bargaining was felt. Although the trace of the origin of the concept of Plea
Bargaining is in American legal history, this concept has been used since the 19th century. Judges
used this bargaining to encourage confessions.

Plea Bargaining in India

Plea Bargaining is not an indigenous concept of Indian legal system. It is a part of the recent
development of Indian Criminal Justice System (ICJS). It was inculcated in Indian Criminal Justice
System after considering the burden of long-standing cases on the Judiciary.

Criminal Procedure Code and Plea Bargaining

Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea
Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005. It allows plea bargaining
for cases:
1. Where the maximum punishment is imprisonment for 7 years;
2. Where the offenses don’t affect the socio-economic condition of the country;
3. When the offenses are not committed against a woman or a child below 14 are excluded.

Some of the major drawbacks of the concept of plea bargaining as is recognized in India are as
under:
A) Involving the police in plea bargaining process would invite coercion.
B) By involving the court in plea bargaining process, the court’s impartiality is impugned.
C) Involving the victim in plea bargaining process would invite corruption.
D) If the plead guilty application of the accused in rejected then the accused would face great
hardship to prove himself innocent.

Therefore to ensure fair justice, plea bargaining must encompass the following minimum
requirements:
A) The hearing must take place in court
B) The court must satisfy itself that the accused is pleading guilty knowingly and voluntarily.
C) Any court order rejecting a plea bargaining application must be kept confidential to prevent
prejudice to the accused.

Types of Plea Bargaining: Plea Bargaining is generally of three types namely:-

1. Sentence bargaining;
2. Charge bargaining;
3. Fact bargaining.

S.
Concept Type Meaning
No.
Plea In this type of bargaining the main motive is to get a lesser
Bargaining Sentence sentence. In Sentence bargaining, the defendant agrees to
1.
bargaining plead guilty to the stated charge and in return, he bargains for
a lighter sentence.
2. Charge This kind of plea bargaining happens for getting less severe
bargaining charges. This the most common form of plea bargaining in
criminal cases. Here the defendant agrees to plead guilty to a
lesser charge in consideration of dismissing greater charges.
E.g. Pleading for manslaughter for dropping the charges of
murder.
 This is generally not used in courts because it is alleged to be
Fact against Criminal Justice System. It occurs when a defendant
3.
bargaining agrees to stipulate to certain facts in order to prevent other
facts from being introduced into evidence.

12. Review.
Answer:  
     The processes involved in the criminal justice system can have a drastic impact on the lives of
people involved in it, especially the rights which are guaranteed to people under the constitution
of India like Right to Life and Personal Liberty. It is a well-known saying that “to err is human” and
judiciary being one of the institutions created by humans is prone to committing errors. Therefore,
in order to prevent the miscarriage of justice which defeats the very purpose of the judicial system
the need for the creation of some system to be created to ensure that justice is fairly delivered is
imperative and where there is a miscarriage of justice, some rectifying mechanism should come
into play. Keeping in view this need in order to prevent the fallibility of the judicial system the
Code of Criminal Procedure, 1973 has devised various provisions. Section 372 to Section 394 of the
Code of Criminal Procedure deals with the provisions related to appeals.
     However, in exceptional cases no right to appeal lies with the person. In order to prevent the
situation in which the aggrieved party does not remain remedy less, The legislators have
incorporated the concept of review under the Code of Criminal Procedure, which is called
“Revision” which has been provided under the Code to uphold the ultimate goal of the entire
judicial system which is deliverance of justice. Section 397 to Section 405 of the Code include the
provisions with respect to the revisionary jurisdiction granted to the higher courts and the
procedure by which the higher courts exercise this jurisdiction guaranteed to it. The powers
granted to the high courts are very wide in nature and are completely discretionary in nature.
     In practicality, the provision of an appeal is a legal right conferred to the parties, revisionary
power conferred to the criminal courts is completely discretionary in nature and therefore no
party can claim it as a matter of right. In criminal cases, at least one appeal is granted to an
accused by the legislature, whereas there is no such right in instances of revision. The courts have
time and again discussed the difference between appeal and revision.
     In Hari Shankar vs Rao Ghari Chowdhury, the Supreme Court held that there is a difference
between appeal and revision. The right of appeal also consists of right of rehearing as well unless
the statute conferring the right of appeal limits the rehearing in some way. The power to hear a
revision is generally given to a superior Court so that it may satisfy itself that a particular case has
been decided according to law.

13. Define and differentiate between probation and parole.

Answer:  Probation:
     The object of Criminal Law is more inclined towards the reformation of the offender than to
punish him. Instead of keeping an accused with hardened criminals in a prison, the court can order
personal freedom on promise of good behaviour and can also order a period of supervision over
an offender. This is the concept behind ˜probation. Black’s law dictionary defines ˜probation as
˜allowing a person convicted of some minor offence (particularly juvenile offenders) to go at large,
under a suspension of sentence, during good behaviour, and generally under the supervision or
guardianship of a probation officer.
     The Act is based on a reformative approach which has come over the years from the Doctrine of
Deterrence.  It is believed that imprisonment decreases the capacity of an offender to readjust to
the normal society after the release and association with professional delinquents often has
undesired effects on him and his life thereafter. Probation is a socialized penal device which has
come up as the result of modification, over a period of time, of the doctrine of deterrence into the
principle of reformation; a development that paved the way to the introduction of clinical
approach and the principle of individualization in the handling of offenders.  The Probation of
Offender Act, 1958 saves minor offenders from becoming regular criminals. This is done by
providing them with a chance to reform themselves rather than getting into prison. The probation
officer amicably reaches to the needs and difficulties of the accused and tries to solve the problem.
This is done for the person convicted of minor crimes.
     Thus, instead of keeping the accused with hardened criminals in jail, the court may order
personal freedom on the basis of good behaviour. The court can also grant a supervision period for
the accused. The main aim behind the Probation of Offender Act, 1958 is to give an opportunity to
offenders to reform themselves rather than turning into hardened criminals. Section 562 of the
Code of Criminal Procedure, 1898 (after amendment it stands as Section 360 of the Code of
Criminal Procedure, 1973) provides that any person not below twenty-one years of age who may
have not been convicted for an offence for imprisonment up to seven years or not convicted to
death or imprisonment of life can be released on the basis of probation for good conduct.
Following are the merits or advantages of probation:-
1. It is most useful in the case of juvenile delinquents.
2. It gives hope for the rehabilitation of the offender who has not committed the offence.
3. Probation is a way of sending good idea in the mind of offenders.
4. It is helpful for both hard-core and youthful offenders.
5. It helps in reducing the crowding in the jails.
Statutory provisions under the Act
     The provision is broadly classified into procedural and substantive general laws dealing with
probation of the offenders. The first provision to deal with probation was in Section 562 of the
Code of Criminal Procedure, 1898. After the amendment in 1973, the probation was dealt with in
Section 360 of the Code of Criminal Procedure. This Section says that if:
1. Any person who is not below twenty-one years and is convicted of a crime for which the
punishment is imprisonment for seven years or is convicted for an offence punishable with
fine.
2. Or any person who is below twenty-one years or if any women convicted of an offence not
punishable with imprisonment of life or death and no previous conviction is proved
against the offender.
3. And appears before the court, regardless of the circumstances in which he has committed
the offence, the court might release the offender on the promise of good conduct.
     The court might release him on entering the bond for good conduct and peace instead of
punishing the offender with imprisonment. In the case of Jugal Kishore Prasad vs The State of
Bihar, the Supreme Court stated that the aim of the law is to deter the juvenile offenders from
turning into obdurate criminals as a result of their interaction with seasoned mature-age criminals
in case the juvenile offenders are sentenced to incarceration in jail. It is observed that the Act is in
accordance with the present trend of penology, which says that effect should be made with
accordance to change and remould the offender and not to retribute justice. Modern criminal
jurisprudence recognises that no one is born criminal. A good number of crimes are a result of a
socio-economic environment.

MEANING OF PAROLE
Parole is the release of a prisoner, either temporarily for a special purpose or completely before
the expiry of a sentence, on the promise of good behaviour; such a promise is known as a word of
honour provided in the parole order. The word parole is derived from the French 'je donne ma
parole 'I give my word.' i.e. the word of honour. This word was used by the prisoners of war for
their release by giving promise to the captor.

Therefore, in simple words, Parole is the pre-mature conditional temporary release of a prisoner
on the terms of abiding by the conditions along with the observance of certain restrictions to avail
the privilege of returning back to the society and socialize with family and friends keeping in mind
correctional theory and preparing to return back to his social life. It is mere suspension of the
sentence for time-being keeping the quantum of sentence intact. If the paroled prisoners violate
the conditions on which they are released, they may be returned back to the prison.
The temporary or permanent release of a prisoner before the expiry of a sentence, on the promise
of good behaviour is called parole. Parole is the release of a prisoner to supervision in the
community after he/she has completed a part of his/her sentence in an institution.

The Object of the Parole - There are three main objects of Parole -
(1) To enable the inmate to maintain continuity with his family life and deal with family matters;
(2) To save the inmates from the evil effects of continuous prison life;
(3) To enable the inmate to retain self-confidence and active interest in life.
(4) To enable the prisoner to develop constructive hope and active interest in life.
(5) It eradicates over burden of the jails.
(6) It is also economical to the state; the cost of expenditure of parolee also decreases.
In India, Indian Laws provide Parole only in cases of serious offenders who are committed to long
term sentences.
     Furlough is for breaking the monotony of imprisonment and is granted as a good conduct
remission. Furlough is a brief release from the prison; it is conditional and is given in case of a
long-term imprisonment. The period of sentence spent on furlough by the prisoners need not be
undergone by the prisoner as is done in parole. 
Following are the different types of Parole:
a) Regular Parole: All prisoners eligible for furlough shall be eligible for regular parole for the
following stated reasons:
1. Delivery of child by wife (except high security risk prisoners)
2. Serious illness of father/mother/spouse/ son/daughter
3. In case of natural calamities such as flood, house collapse, earthquake, fire etc.
4. To pursue the filing of special leave petition before supreme court against a judgment
delivered by High Court convicting or upholding the conviction, as the case may be.
b) Emergency Parole or Custody parole
All convicted persons except foreigners and those serving death sentences may be eligible for
emergency parole for 14 days for reasons like death of grandfather or grandmother/
father/mother/spouse/son/ daughter/ brother/sister and marriage of son/ daughter/
brother/sister, provided that no extension can be granted to emergency parole. Emergency parole
is granted by Superintendent of police for the reasons of death of parental grandfather or
grandmother/ father/ mother/spouse/son/ daughter/ brother/ sister and by concerned Dy. I.G.
for the reason of marriage of son/daughter/brother/ sister and the authority approving
emergency parole shall decide whether to grant parole under police escort or with a condition to
report daily to the local police station depending upon the crime committed by the prisoner and
his conduct during his stay. The expenses of police escort will be borne by the prisoner himself
prior to his release on parole.
DIFFERENCES BETWEEN PAROLE ND PROBATION:

     The term probation and parole are the two substitutes to the imprisonment, where the
behavior of the wrongdoer is administered according to the law. Probation can be said as a
penalty levied by the court in which the criminal lawbreaker is not imprisoned but permitted to
continue to stay in the community, on the promise of good conduct, subject to the administration
of the probation officer. In difference, parole is one in which the prisoner is unconfined from the
prison either momentarily or permanently, earlier the end of the judgment, subject to good
conduct.
 1. Probation refers to the judgment given to the convicts, in which the convicts continue out
of jail, under the direction of a probation officer, and follows the directions set forth in the
judgment by the court of law. Parole means the former period release of the prisoner, on
the condition that the prisoner shall be under the control of the respective authority and
imprisonment, will be continued upon the non-adherence of conditions stated.
2. Probation is approved by the judge as an alternative of the detention, whereas parole is
nothing but an arrangement of restrictive release from the jail.
3. The pronouncement of probation of a suspect(s) is given by the court. Contrasting, the
parole board gives the pronouncement about the parole of an inmate.
4. The probation is approved to the suspect before imprisonment that is despite directly
sending the suspect to the prison; they are given an opportunity to rehabilitate
themselves, through this procedure. On the other end, parole is permitted later after
wrongdoer has finished a specified period of their judgment term in jail.
5. Probation is granted to those people who have no previous criminal record so far and also
for the criminalities that do not involve viciousness. As in contradiction, parole is
permitted to those offenders who are previously in prison, and also presented to grave
offenders, who pursue virtuous behaviour, during the period of their verdict.
6. A person who has approved probation, reports to the probation officer, though, the
default in reporting to the respective authority may lead to resentencing to prison, for a
specific time. On the other hand, the criminal under parole has to report to the parole
officer, but in case if the suspect fails in reporting without rational reason, the criminal is
sent back to the prison on the grounds of the original judgment.
7. Historical Evolution:- The system of probation owes its origin to John Augustus of Boston
(U.S.A.) around 1841 whereas the system of parole came into existence much later
somewhere around 1900.
8. Substitute for Punishment:- Probation is granted as a substitute of the punishment. But
parole is granted after completing a part of sentence.

14. Juvenile Home/Observation home.

Answer:  
Provisions for the observation home are made under section 47 of the Juvenile Justice (care &
protection of children) Act, 2015. The observation home means such a home where a child alleged
to conflict with the law, is kept temporarily during the pendency inquiry. The observation homes
shall be established by the state government in every district or a group of districts, either by itself
or through voluntary or non- governmental organizations.
The state government may register a registered institution as an observation home that is fit for
the temporary reception of the child. Registration of such an institution will be compulsory.
(Rajendra Prasad vs Union of India, A.I.R. 2016 N.O.C. 182 Kerala).
Section 47 under JJ Act 2015, - Observation Home
1. The State Government shall establish and maintain in every district or a group of districts,
either by itself or through voluntary or non-governmental organisations, observation
homes, which shall be registered under section 41 of this Act, for temporary reception,
care and rehabilitation of any child alleged to conflict with the law, during the pendency of
any inquiry under this Act.
2. Where the State Government believes that any registered institution other than a home
established or maintained under sub-section (1), is fit for the temporary reception of such
child alleged to conflict with the law during the pendency of any inquiry under this Act, it
may register such institution as an observation home for this Act.
 3. The State Government may, by rules made under this Act, provide for the management
and monitoring of observation homes, including the standards and various types of
services to be provided by them for rehabilitation and social integration of a child alleged
to conflict with the law and the circumstances under which, and how, the registration of
an observation home may be granted or withdrawn.
4. Every child alleged to conflict with the law who is not placed under the charge of parent or
guardian and is sent to an observation home shall be segregated according to the child’s
age and gender, after giving due consideration to physical and mental status of the child
and degree of the offence committed.
     But after the Nirbhaya rape case, where one of the accused was a juvenile, a few months
shorter than 18 years of age, sentenced to 3 years in reformative home, which was not adequate
with the heinous crime done. This shocked the public over the Act, and debated for reduction of
the juvenility age from 18 to 16. So the legislature came with The Juvenile Justice (Care and
Protection) Act, 2015, which included that any child between the ages of 13 to 18 if committed any
heinous crime, will be tried as an adult. Also the recent Act have categorized the offences, petty
offences (crime for which maximum punishment is up to 3 years), Serious offence (crime for which
punishment is between 3 to 7 years), Heinous offence (crime for which punishment is 7 years or
more). And different procedures have been provided for categorization of such offences.
In Satbir Singh & others v. State of Haryana, [AIR 2005 SC 3549] SC reiterated that for determining
whether accused is juvenile or not, the date of birth in school records shall be taken into
consideration by JJB.

15. Who is eligible for probation?

A. ‘X’ killed his wife by giving poison.  He committed the crime or first time.  Can he be released on
probation? (Jan-2019).
B. Rajesh possessed unlicensed gun was arrested by police, he belongs to a respected family.  His
crime was proved and he requested for probation.  Whether probation can be granted to Rajesh
or not?  (May-2019).

Issue:
Case A:  Is ‘X’ eligible for probation?  No, he is not eligible as per Section 360 of CrPC and 302 of
IPC.
Case B:  Is Rajesh eligible for Probation? No, he is not eligible as per THE ARMS ACT, 1959
Section 22 [(1A), Whoever acquires, has in his possession or carries any prohibited arms or
prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a
term which shall not be less than five years, but which may extend to ten years and shall also be
liable to fine.
Rule:
*For defining Probation refer question number 12.
The probation was dealt with in Section 360 of the Code of Criminal Procedure. This Section says
that if:
1. Any person who is not below twenty-one years and is convicted of a crime for which the
punishment is imprisonment for seven years or is convicted for an offence punishable with fine.
2. Or any person who is below twenty-one years or if any women convicted of an offence not
punishable with imprisonment of life or death and no previous conviction is proved against the
offender.
3. And appears before the court, regardless of the circumstances in which he has committed
the offence, the court might release the offender on the promise of good conduct.
     The court might release him on entering the bond for good conduct and peace instead of
punishing the offender with imprisonment. In the case of Jugal Kishore Prasad vs The State of
Bihar, the Supreme Court stated that the aim of the law is to deter the juvenile offenders from
turning into obdurate criminals as a result of their interaction with seasoned mature-age criminals
in case the juvenile offenders are sentenced to incarceration in jail. It is observed that the Act is in
accordance with the present trend of penology, which says that effect should be made with
accordance to change and remould the offender and not to retribute justice. Modern criminal
jurisprudence recognises that no one is born criminal. A good number of crimes are a result of a
socio-economic environment.

Application:
For application of this section it is necessary that the offender must not have been convicted
previously so as to bring him in the category of the first offender. On fulfilment of the above
conditions if the court by which the offender is convicted considers it expedient that the offender
should be released on probation of good conduct, it may, instead of sentencing him at once to any
punishment, order him to be released on bond with or without sureties. The offender may be
required to furnish a bond to appear and receive sentence whenever called upon during such
period not exceeding three years as the court may direct. The offender shall be directed by the
court to keep the peace and be of good behaviour if he is released on probation under this section.
No offender can, as of right, on fulfilling the conditions laid down in this section, claim to be
released on probation of good conduct. It is a discretionary power given under this section to the
court. The discretion has to be exercised by the court keeping in view not only that it is the first
conviction of the accused but the circumstances in which the crime was committed, the age,
character and antecedents of the offender.
Conclusion:
Case A: In this case ‘X’ is not eligible for probation.
Case B: In the given case the convict Rajesh is not eligible for probation.

16. Arresting a Judge.

A. A judge was involved in a corruption case, it was confirmed by the preliminary enquiry and he
was arrested by the police.  Whether, police have powers to arrest the judge.  If not, how to arrest
the judge? Which court is having the power to arrest him?  What will be the punishment?  (Jan-
2020).
B. A judge is involved in a murder case.  Is a police officer has power to arrest?  Discuss. (Jan-2019
& May-2016).

Issue:
Can the police arrest a Judge?  Yes, they can arrest, but has to follow some rules.

Rule:
Chapter V of Criminal Procedure Code, 1973 deals with ''Arrest of persons''. To know about
guidelines to be followed before arrest, it is essential to refer the ruling Joginder Kumar vs State of
Utter Pradesh. To know more as to guidelines during arrest, it is necessary to refer the decision
D.K.Basu vs State of West Bengal. Further, to know about guidelines after arrest, it is essential to
refer the ruling Sunil Batra vs Delhi Administration, Prem Shankar Shukla vs Delhi Administration
and D.K.Basu's case. A fortiori, it is also necessary to see Article 20(3) of Indian Constitution, the
provisions of Criminal Procedure Code, 1973 relating to arrest.
     The Following guidelines are laid down by the Hon'ble Supreme Court in its judgment in Delhi
Judicial Service Association, Tis Hazari Court, Delhi vs State of Gujarat and others.
     In this ruling, the Apex Court held that in view of' the paramount necessity of preserving the
independence of judiciary and at the same time ensuring that infractions of law are' properly
investigated the following guidelines are to be followed:
(a) If a judicial officer is to be arrested for some offence, it should be done under intimation to the
District Judge or the High Court as the case may be.
(b) If facts and circumstances necessitate the immediate arrest of a judicial officer of the
subordinate judiciary, a technical or formal arrest may be affected.
(c) The fact of such arrest should be immediately communicated to the District and Sessions Judge
of the concerned District and the Chief Justice of the High Court.
(d) The Judicial Officer so arrested shall not be taken to a police station, without the prior order or
directions of the District & Sessions Judge of the concerned District, if available.
(e) Immediate facilities shall be provided to the Judicial Officer for communication with his family
members, legal advisors and Judicial Officers, including the District & Sessions Judge.
(f) No statement of a Judicial Officer who is under arrest be recorded nor any panchnama be
drawn up nor any medical test be conducted except in the presence of the Legal Advisor of the
Judicial Officer concerned or another Judicial Officer of equal or higher rank, if available.
(g) There should be no handcuffing of a Judicial Officer. If, however, violent resistance to arrest is
offered or there is imminent need to effect physical arrest in order to avert danger to life and limb,
the person resisting arrest may be over-powered and handcuffed. In such case, immediate report
shall be made to the District & Sessions Judge concerned and also to the Chief Justice of the High
Court. But the burden would be on the Police to establish the necessity for effecting physical
arrest and handcuffing the Judicial Officer and if it be established that the physical arrest and
hand-cuffing of the Judicial Officer was unjustified, the Police Officers causing or responsible for
such arrest and handcuffing would be guilty of misconduct and would also be personally liable for
compensation and/or damages as may be summarily determined by the High Court. It was further
held that these guidelines are not exhaustive but are the minimum safeguards to be observed in
case of arrest of a Judicial Officer. These should be implemented by the State Governments as well
as by the High Courts. No judicial officer should visit a Police Station on his own except in
connection with his official and judicial duties and functions, and this also with prior intimation to
the District and Sessions Judge.

Application:
Delhi judicial services association v. the State of Gujarat  
Facts of the case
In this case, the Chief Judicial Magistrate at Nadiad found no cooperation with the police in
delivering the summons or producing offenders and thus delaying the trials. The Chief Judicial
Magistrate wrote a letter to the DSP (District Superintendent of Police) and DGP (Director General
of Police) stating the same, however, no action was taken. The Police Inspector of Nadiad had
withdrawn the constables from the C.J.M Court after this incident and the C.J.M. directed the
police to file a criminal case against persons who were delaying the investigation, however, again
no action was taken. The Police Inspector complained about the C.J.M. to the Registrar of the High
Court through DSP (District Superintendent of Police). The C.J.M. was further called to the Police
Station to check documents, however, the C.J.M. was forced to drink liquor and pictures were
clicked in that state. Further, the Police arrested, assaulted and handcuffed the judicial officer. The
case went to the Supreme Court and the issues were raised regarding the arrest made by the
Police Inspector.  

Judgment: The Supreme Court held that the arrest made by the Police Officer, in this case, was
violative of Article 136 of the Indian Constitution. This judgment is a landmark judgment and in
this case, the court provided with guidelines to arrest a judicial officer.

Conclusion:
In the given case the police can arrest a magistrate but they should follow the rules laid down by
Supreme Court in the case of Delhi Judicial Service Association, Tis Hazari Court, Delhi vs State of
Gujarat and others which are mentioned above.
17. Prosecution of children. 
A. Two boys aged 4 year and 5 years had broken open the locks of two shops for the purpose of
committing theft, while returning back they injured a person who died after one week.  Whether
both are punishable or not?  If so what is the punishment for both. (Jan-2020).
B.  X and Y both 14 years and Z aged about 19 years tried under Section 302 of IPC for murder of
constable.  They were tried by the session court and were acquitted.  Is the trail proper?  (Jan-
2019).
C. A boy of 17 years of age, as on the date of commission of offence, escaped from detection. 
Later he was caught by the police and produced before the Magistrate for trial.  At the time of trial
his age was 21 years.  He was tried and convicted by the Criminal Court.  Is it legal?  Examine.  (Jan-
2018).
D.  A boy aged 16 years 6 months was involved in a kidnapping and murder of a woman.  Whether
the boy in punishable or not, if so by which court and what will be the punishment?  (May-2016). 

Issue:  
 A child who has not completed age of 18 is called as juvenile and only Juvenile Justice
Board is the competent authority to deal such cases of juvenile.
 In case of a heinous offence alleged to have been committed by a child who has completed
or above the age of sixteen years should be prosecuted under the IPC and CrPC and not
considered as a juvenile.
Whether the accused is a juvenile or not?  Answer: we should answer as per the above age limits.

Rule:
Juvenile Justice Act, 1986 defined a juvenile or child to be a person who in case of a boy has not
completed age of 16 years and in case of a girl 18 years of age. The JJA Act, 1986 was repealed by
2000 Act and the distinction with regard to age between male and female juveniles has been done
away with by the Government of India in performance of its obligation to the international
obligations. Now age of juvenile in conflict with law for male and female has been fixed at 18
years. A juvenile in conflict with law under the JJ (C & P) Act, 2000 is a juvenile who is alleged to
have committed an offence and has not completed 18 years of age as on the date of commission
of such offence. Recently under the new Juvenile justice act, 2015 In case of a heinous offence
alleged to have been committed by a child, who has completed or is above the age of sixteen
years, the Juvenile Justice Board shall conduct a preliminary assessment with regard to his mental
and physical capacity to commit such offence, ability to understand the consequences of the
offence and the circumstances in which he allegedly committed the offence.
Salient features of JJA:
1. The Juvenile Justice Act was brought into place to deal with two kinds of juveniles or
children. (a) child in conflict with the law and (b) child in need of care and protection. As I
mentioned before, a juvenile or a child is a person who is below the age of 18. The age was
brought up to 18 years from the previous 16 years by the amendment of the Act in the year 2000.
2. Child in conflict with the law as the name suggests is a child who has allegedly committed
an offence whereas a child in need of care and protection is a child who has been abandoned or is
destitute.
3. The Act provides for rules and regulations to be followed and institutions to be instituted
to try and hear cases of children in conflict with the law.
4. a. The Act known as ‘The Reformatory Act’ deals with two categories of children, namely
children in need of care and protection and children in conflict with the law.
b. The competent authority to deal with children in need of care and protection is the Child
Welfare Committee (CWC) which constitutes a Chairperson and four other members, one of whom
at least should be a woman. Chapter IV of this Module would focus in detail about Children in
need of care and protection and the functioning of the CWC in rehabilitation and disposition of
cases
c. Juvenile Justice Board (JJB) is the competent authority to deal with children in conflict with law
which comprises of three members. The Chairperson of the Board should be a First Class Judicial
Magistrate and two honorary social workers out of whom at least one should be a woman. Special
provisions for children in conflict with law and the responsibilities of the Board are discussed in
detail in Chapter III of this Module.
      5. The Act provides for the establishment of various kinds of Institutions such as
          - Children’s Home for the reception of child in need of care and protection.
          - Special Homes for the reception of child in conflict with law
           - Observation Homes which are meant for the temporary reception of children during the
pendency of any inquiry.
         - After-care Organizations which are meant for the purpose of taking care of children after
they have been discharged from Children’s Home or Special Homes.

Application:
The Nirbhaya Case - Led to the change in the Juvenile Justice Act
On 16th December, 2012, a brutal case of gang rape & murder shook the nation. A 23-year-old girl
was assaulted and raped in a bus. The criminals then threw her lifeless body onto the road. 
     There were 6 people involved, 5 adults and a juvenile, aged 17. The adults were sentenced to 10
years in prison, while one of them was found dead in his jail cell during the course of the trial. The
juvenile was sent to correctional facility for 3 years.
     But brutal acts in this case had shocked people beyond belief. There were protests to try him as
an adult. This subsequently led to the replacement of our Juvenile Justice Act, 2000. The age bar to
be tried as an adult was lowered from 18 to 16 years.

Conclusion:
Case A:
Case B:  In this case ‘Z’ is aged 19 years and tried under Section 302 of IPC by the Sessions Court is
correct and X and Y both aged 14 years should be tried by Juvenile Justice Board.
Case C: For the purpose of ascertaining whether the accused is a juvenile or not, we should
consider the age at the time of commission of the offence, he was 17 years old at that time and JJB
is the competent authority.
Case D:  As per the Juvenile Justice Act the age should be below 18 years to be tried under this Act,
this case is a fit case to be tried by JJB,  

18. Jurisdiction of Courts:

A. There was a conspiracy between four persons to commit robbery.  One was in Delhi, one
in Hyderabad, one in Madras and the other in Utter Pradesh.  All the four sent their
representatives to commit robbery in a jewel shop.  All the four successfully completed
their job.  Now which court is having jurisdiction to frame a charge against all the culprits.
(May-2019)
B. A group of persons with malicious intention kidnapped a girl in Warangal and brought to
Hyderabad and further they committed rape followed by murder.  State which court is
having jurisdiction to try the case and what will be the punishment?  (May-2019).
C. X and Y committed murder of their own daughter for loving a boy who was not equal to
their status.  They misled the court and police by concealing facts.  What court has
jurisdiction?  (Jan-2015).
D. In a case of defamation of high dignitary which court shall have the power to try and what
will be the punishment?  (Jan-2015).
Issue:
Case A: Which court is having the jurisdiction?  The court where the robbery has taken place is
having the jurisdiction.
Case B: This case should be tried in Warangal Session Court.
Case C: This case pertains to murder and Session Court is competent to try this case.
Case D:

Rule:
Section 177 in The Code of Criminal Procedure, 1973: Ordinary place of inquiry and trial. Every
offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was
committed.
Sentences which can be passed by the various courts
1. Sentences passed by the High Courts and Sessions Judges (Section 28):
 Any sentence which is authorised by law can be passed by the High Court.
 A Sessions or Additional Sessions Judge can pass any sentence authorised by law. But,
while passing death sentence prior confirmation from High Court is required. 
 An Assistant Sessions Judge has the authority to pass any sentence of imprisonment for
more than 10 years other than a death sentence or life imprisonment  
2. Sentences passed by the Magistrates (Section 29) –
 The Court of Chief Judicial Magistrate can pass any sentence of imprisonment for more
than seven years but not a death sentence or life imprisonment.
 The Judicial Magistrate of first class can pass a sentence of imprisonment for a term, less
than three years, or a fine less than ten thousand rupees or both.
 The Judicial Magistrate of second class may pass a sentence of imprisonment for a term,
less than one year, or a fine less than five thousand rupees.
 The Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial
Magistrate and of MM, in addition to the powers of the Magistrate of first class.

Application:

Whenever an offence is committed, the first question which arises is that in whose jurisdiction the
offence would fall. The jurisdictional issue is the most important issue which needs to be resolved
so that the proceedings can begin without any hindrance. Sections 177-189 deals with the concept
of jurisdiction. Under normal circumstances, the case shall be inquired and tried by a court under
whose jurisdiction the offence has been committed.
Conclusion:
Case A: As per the above stated points this case should be tried in the limits where the robbery
has taken place.
Case B:  In this case the kidnaping has taken place in Warangal hence the case should be tried in
Warangal Session Court.
Case C: The Session Court is competent to try this case.
Case D:
Section 500 in The Indian Penal Code:  Punishment for defamation.—whoever defames another
shall be punished with simple imprisonment for a term which may extend to two years, or with
fine, or with both.

19. Double Jeopardy.

A. ‘A’ is charged before the session court and convicted of the culpable homicide of ‘B’.  ‘A’
again was tried on the same facts for the murder of ‘B’. Justify.  (Jan-2019).
B. ‘A’ was prosecuted for committing theft and acquitted by the court.  Again he is
prosecuted for the same offence on the ground that some new evidence has been
discovered later.  Is it legal?  Examine?  (Jan -2018).
Issue:
Case A:  Can ‘A’ be tried again for the same crime?  No, he was convicted for the same crime and
again he can’t be tried for second time.
Case B:  Can ‘A’ be tried again with the help of new evidence?  Yes, he can.

Rule:
1. Article 20(2) of the Indian Constitution:  No person shall be prosecuted and punished for
the same offence more than once.
2. 300 of the Code of Criminal Procedure, Person once convicted or acquitted not to be tried
for same offence.
(1) A person who has once been tried by a Court of competent jurisdiction for an offence
and convicted or acquitted of such offence shall, while such conviction or acquittal remains
in force, not be liable to be tried again for the same offence, nor on the same facts for any
other offence for which a different charge from the one made against him might have
been made under sub- section (1) of section 221, or for which he might have been
convicted under sub- section (2) thereof.

Application:
A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20
(2) of the Constitution of India, which states "No person shall be prosecuted and punished for the
same offence more than once". This provision enshrines the concept of autrefois convict, that no
one convicted of an offence can be tried or punished a second time. However, it does not extend
to autrefo is acquit, and so if a person is acquitted of a crime he can be retried. In India, protection
against autrefois acquitis a statutory right, not a fundamental one. Such protection is provided by
provisions of the Code of Criminal Procedure rather than by the Constitution.
A person who has once been tried by a Court of competent jurisdiction for an offence and
convicted or acquitted of such offence shall, while such conviction or acquittal remains in force,
not be liable to be tried again for the same offence, nor on the same facts for any other offence for
which a different charge from the one made against him might have been made under sub-section
(1) of section 221, or for which he might have been convicted under sub-section (2) thereof.
     Recently Supreme Court of India in Kolla Veera Raghav Rao case has affirmed that Section
300(1) CrPC is wider in its scope than Article 20(2) of the Constitution. While Article 20(2) of the
Constitution only says that “no person shall be prosecuted and punished for the same offence
more than once”, Section 300(1) Cr.P.C states that no one can be tried and convicted for the same
offence or even for a different offence but on the same facts.
     That means he can be tried twice if new evidence can be brought to bear during a retrial at a
district court. Thus one can be tried twice for the same alleged crime.
Monica Bedi v State of Andhra Pradesh
In this case the Apex Court ruled that a passport enrolled on fictitious name amounted to a double
jeopardy as a Portuguese court too had earlier convicted her for owning forged passport.

Conclusion:
Case A:  In the given case ‘A’ can’t be tried for the second time.
Case B:  In the given case, ‘A’ can be tried because previously he was acquitted in the same case
but with the surface of new evidence second trial is possible. 

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