18LLB104 - CRPC Synopsis

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TUPAKULA NIKHIL

18LLB104
DSNLU 2023.
SYNOPSIS
TITLE OF THE PROJECT:
SECTION 222 AND ITS OUTCOME IN TRIAL PROCEDURE.
INTRODUCTION
In general, the rule is that an accused shall be apprised the charges for which he’s tried. The
penumbra of the chapter titled as “CHARGES” is to make sure that accused is given the notice
of offences for which he’s tried. But under Section 222 of Criminal Procedure Code, 1973
contrary exists. It states that if a person is charged for a major offence and later on, if some of
the elements of it constitute a minor offence, then he can be convicted.
RESEARCH QUESTIONS
1. Whether there exist any changes in the Section 222 of new code in relation to Section
238 of the old code i.e. the Code of Criminal Procedure Code, 1898?
2. Whether the word “minor offence” or cognate offence can be merely judged on the
basis of lesser punishment?
3. Whether a trial gets vitiated due to mere technical irregularities?
4. Whether accused can claim benefit on mere non-compliance of procedure required
under Section 222 of CRPC, 1973?
LITERATURE REVIEW:
BOOKS:

1. SARKAR, THE CODE OF CRIMINAL PROCEDURE (12TH ED., 2013)


This book elucidates the concept of Section 222, Criminal Procedure Code, 1973 in a lucid
way. The nuances of the section have been explained. The jurisprudence of this section has
also been mentioned in the book
2. R AND D, THE CODE OF CRIMINAL PROCEDURE (21TH ED., 2017)
This book was taken reference in relation to Section 222 of Criminal Procedure Code, 1973.
The concept of cognate offences has been explained in this book. The meaning of minor
offences has also been mentioned.
3. BLACK’S LAW DICTIONARY

This book will be referred in relation to the definition of certain words like Cognate offences,
Minor offences and prejudice.

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TUPAKULA NIKHIL
18LLB104
DSNLU 2023.
RESEARCH METHODOLOGY:

Nature of the study: DOCTRINAL (Analytical study, critical study


descriptive study.)
Sources of study:
Primary sources: Criminal Procedure Code, 1973, Code of Civil Procedure, 1898, Indian
Penal code, 1860 and Judgements of various High Courts and Supreme Courts .
Secondary sources: Sarkar, Criminal Procedure code, Ratanlal and Dhirajlal, Criminal
Procedure Code and R.V. Kelkar, Criminal Procedure Code: Mode of citation: Blue book 19th
edition

SCOPE OF THE STUDY


The scope of this study is curtailed to Acts and procedural laws in the country of India.
SIGNIFICANCE OF THE STUDY
The significance of this study is to initially fathom the jurisprudence of Section 222 of Criminal
Procedure code by comparing it with the concerned section of the old law. Later on, we shall
understand the definitions and meaning of minor and cognate offences. The Section will be
elucidated in a lucid way. Finally, in conclusion, we shall fathom as to whether mere
irregularity of proceedings will vitiate the trial.
CHAPERISATION (TENTATIVE):
1. INTRODUCTION
2. SECTION 222, CRPC 1973 IN RELATION TO THAT OF OLD CODE
2.1.OLD CODE
2.2.NEW CODE
2.3.CHANGES
3. SECTION 222 CRPC, 1973
3.1. MINOR OFFENCE
3.2.COGNATE OFFENCE
3.3.LIST OF COGNATE OFFENCES.
4. SECTION 222(1) CRPC, 1973
5. SECTION 222(2) CRPC, 1973
5.1.PREJUDICE TO ACCUSED
6. SECTION 222(3, 4) CRPC, 1973
7. CONCLUSION
8. BIBLIOGRAPHY

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TUPAKULA NIKHIL
18LLB104
DSNLU 2023.

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