Law of Crimes II (Criminal Procedure Code)

1. Discuss the classification and powers of the various criminal courts

under the Criminal procedure Code, 1973.
Ans:

The Judiciary is well established with quite a lengthy and complex hierarchy
of courts. The judicial system has been established in such a way so that it
caters the need of each and every person of the country. The Judicial system
in India is in the form of a pyramid, with the Supreme Court being at the top
of the hierarchy.
Following the classification of the various criminal courts under the
Criminal Procedure Code, 1973.

1. The Sessions Judge– Section 9 of the CrPc talks about the establishment of
the Sessions Court. The State Government establishes the Sessions Court
which has to be presided by a Judge appointed by the High Court. The High
Court appoints Additional as well as Assistant Sessions Judges. The Court of
Sessions ordinarily sits at such place or places as ordered by the High Court.
But in any particular case, if the Court of Session is of the opinion that it will
have to cater to the convenience of the parties and witnesses, it shall preside its
sittings at any other place, after the consent of the prosecution and the
accused. According to section 10 of the CrPC, the assistant sessions judges are
answerable to the sessions judge.
2. The Additional/ Assistant Sessions Judge- These are appointed by the High
Court of a particular state. They are responsible for cases relating to murders,
theft, dacoity, pick-pocketing and other such cases in case of absence of the
Sessions Judge.
3. The Judicial Magistrate– In every district, which is not a metropolitan area,
there shall be as many as Judicial Magistrates of first class and of second class.
The presiding officers shall be appointed by the High Courts. Every Judicial
Magistrate shall be subordinate to the Sessions Judge.
4. Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial
Magistrate of the first class shall be appointed as the Chief Judicial Magistrate.
Only the Judicial Magistrate of First Class may be designated as Additional
Chief Judicial Magistrate.
5. Metropolitan Magistrate- They are established in Metropolitan areas. The
High Courts have the power to appoint the presiding officers. The Metropolitan
Magistrate shall be appointed as the Chief Metropolitan Magistrate. The
Metropolitan Magistrate shall work under the instructions of the Sessions
Judge.
6. Executive Magistrate- According to section 20 in every district and in every
metropolitan area, an Executive Magistrate shall be appointed by the State
Government and one of them becomes District Magistrate.
Power Of The Court To Pass Sentences:
The power of the various subordinate courts is mentioned from section 26-35,
under the Code of Criminal Procedure
1. Sentences which High Courts and Sessions Judges may pass:
According to section 28, A High Court may pass any sentence authorised by
law. A Sessions Judge or Additional Sessions Judge may pass any sentence
authorised by law; but any sentence of death passed by any such Judge
shall be subject to confirmation by the High Court. An Assistant Sessions
Judge may pass any sentence authorised by law except a sentence of death
or of imprisonment for life or of imprisonment for a term exceeding ten
years. Thus, section 26 enumerates the types of Courts in which different
offences can be tried and then under section 28, it spells out the limits of
sentences which such Courts are authorised to pass.
2. Sentences which Magistrates may pass:
Section 29 lays down the quantum of sentence which different categories of
Magistrates are empowered to impose. The powers of individual categories of
Magistrates to pass the sentence are as under:
 The Court of a Chief Judicial Magistrate may pass any sentence authorised
by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years.
 The Court of a Magistrate of the first class may pass a sentence of
imprisonment for a term not exceeding three years, or of fine not exceeding
five thousand rupees, or of both.
 The Court of a Magistrate of the second class may pass a sentence of
imprisonment for a term not exceeding one year, or of fine not exceeding one
thousand rupees, or of both.
 The Court of a Chief Metropolitan Magistrate shall have the powers of the
Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate,
the powers of the Court of a Magistrate of the first class.
3. Sentence of imprisonment in default of fine:
When a fine is imposed on an accused and it is not paid, the law provides
that he can be imprisoned for a term in addition to a substantive
imprisonment awarded to him, if any. Section 30 defines the limits of
Magistrates powers to award imprisonment in default of payment of fine.

It provides that the Court of a Magistrate may award such term of

imprisonment in default of payment of fine as is authorised by law: Provided
that the term:
 Is not in excess of the powers of the Magistrate under section 29;
 Shall not, where imprisonment has been awarded as part of the
substantive sentence, exceed one- fourth of the term of imprisonment
which the Magistrate is competent to inflict as punishment for the
offence otherwise than as imprisonment in default of payment of the
fine.

4. Sentences in cases of conviction of several offences at one trial:

Section 31 relates to the quantum of punishment which the Court is
 authorised to impose where the accused is convicted of two or more offences
at one trial.
 When a person is convicted at one trial of two or more offences, the
Court may, subject to the provisions of section 71 of the Indian Penal
Code (45 of 1860 ), sentence him for such offences, to the several
punishments prescribed therefor which such Court is competent to
inflict; such punishments when consisting of imprisonment to
commence the one after the expiration of the other in such order as the
Court may direct, unless the Court directs that such punishments shall
run concurrently.
 In the case of consecutive sentences, it shall not be necessary for the
Court by reason only of the aggregate punishment for the several
offences being in excess of the punishment which it is competent to
inflict on conviction of a single offence, to send the offender for trial
before a higher Court: Provided that-

 In no case shall such person be sentenced to imprisonment for

longer period than fourteen years;

 The aggregate punishment shall not exceed twice the amount of

punishment which the Court is competent to inflict for a single
offence.

 For the purpose of appeal by a convicted person, the aggregate of the

consecutive sentences passed against him under this section shall be
deemed to be a single sentence.
Conclusion:
The hierarchy of the Courts has been developed in such a manner that it becomes
easy for everyone who is living in this country to knock the doors of the courts
whenever a dispute arises. It provides a platform for the citizens for appealing to
higher courts, in case they feel that justice has been denied to them by the lower
courts.

2. State the circumstances when police can arrest a person without

warrant. How arrest is made? What are the statutory duties of a police
officer to perform after arrest? Discuss the rights of an arrested person
under the Criminal procedure Code. 1973

Ans:
Section 41 enumerates the different categories of cases in which an officer of the
Police Department may arrest an individual without an order from a Magistrate
and a warrant.
The circumstances when police can arrest a person without warrant are
following:
1. A person who has been concerned with and in any cognizable offence or against
whom a reasonable complaint has been filed, or credible information has been
received, or a reasonable suspicion surrounds the person, of his having been so
concerned.
2. A person who has an item in his possession without any lawful excuse, the
burden of proving which excuse shall lie on such a person, any implement of
housebreaking.
3. A person who has been proclaimed as an offender either under the Code or by
order of the State Government.
4. A person who is in possession of anything that may reasonably be suspected to
be stolen property and a person who may be reasonably be suspected of having
committed an offence with a reference of such a thing.
5. A person who obstructs the functioning of a police officer while in the execution
of his duty, or who have escaped, or attempts to escape, from lawful custody.
6. An individual who is reasonably suspected of being a deserter from any of the
Armed Forces of the Union.
7. A person who has been involved in, or against whom a reasonable complaint
has been made, or credible information has been obtained, or a reasonable
suspicion exists, of his having been involved in, any act committed at any country
or a place out of India which, if done in India, would have been considered and
punishable as an offence, and for which he is, under any law concerned to
extradition, or otherwise, liable to be apprehended or detained in custody in India.
8. A person who was a released convict and commits a breach of any rule, relating
to the notification of the residence or change of or absence from the place of
residence.
9. A person for whose arrest any requisition, regardless of being written or oral,
has been received from another officer, provided that the order specifies the
individual to be arrested and the crime or other causes for which the detainment
is to be done, and it appears therefrom that the individual might lawfully be
arrested without a warrant by the officer who issued the requisition

How arrest in made

According to Section 46 of CRPC states “how arrest made”, that is following:
1. Section 46(1) provides that in an action of arrest the police officer or the
person making the arrest shall actually touch or confine the body of the
person arrested. In the case of women, her submission to the custody of an
oral intimation of arrest shall be presumed and unless the police officer is
female, she shall not be touched by the police officer at the time of time. But
in exceptional situations, contrary to what is mentioned can be done.
2. According to Section 46(2), the police are authorised to use reasonable
amount or means of force to effect the arrest in cases where the person being
arrested forcibly resists or attempts to evade arrest.
3. Section 46(3) does not give the right to cause the death of the person who is
not accused of an offence. The punishment in such cases is death or
imprisonment for life.
4. Section 46(4) says that except in certain conditions a woman cannot be
arrested after sunset and before sunrise and where such exceptional
 conditions exist, the woman police officer by making a written report can
obtain the prior permission of the Judicial Magistrate with the local
jurisdiction to make an arrest.

5. Explain the provisions regarding asking security for good behaviour

from a convicted person by the Court. Describe the procedure for asking
security of good behaviour. [10]
6. Discuss the provision of maintenance of wives; children and parents
under section 125 of the Criminal Procedure Code with decided Case Laws.
How the order of maintenance will be enforced? Examine with suitable case
reference
7. Explain the term „Charge‟. What are the contents of „Charge‟? [10]
When Court may alter Charge? Write a note on joinder of charge. Distinguish
between charge and charge-sheet.
8. Discuss, in details, the provisions for Trail before the Court of Session.
9. When and how apprehended danger and nuisance maybe prevented by
magistrate? What procedure is to be followed under such circumstances?
10. When an Appeal will be filed by the State Govt against sentence?
Discuss with decided cases.
11. Discuss the provision of Appeal against acquittal. [8] [2023] [2022]
[2019]
12. Define Bail. Can Bail be granted in cognizable offence? If yes, give
reasons. Distinguish between Bail and Anticipatory Bail. [8] [2023] [2022]
[2019]
13. Discuss the provisions for grant of bail in the cases of non-bailable
offences with decided case laws. What is Anticipatory Bail? [2021] [2019]
14. Discuss the provisions of „Revision‟ and „Reference‟ under the CrPC,
1973