Unit 4: Code of Criminal Procedure

Constitution of criminal courts and functionaries under the code; Arrest: meaning and
purpose; Arrest with/without a warrant; Search and seizure: with/without a warrant and
general provisions; First responding officer. and procedure after the recording of First
Information Report (F.I.R); Bail; Anticipatory bail; Charge: framing of charge, form
and content of charge; Trials: before a court of session, of warrant cases, of summons
cases; Summary trials; Judgment; Appeal; Reference; Revision and transfer of cases;
Chemical examiner’s report.
 ARREST OF A PERSON
Arrest of a person is described in chapter V of Cr.P.C
Arrest can be made with warrant in a non-cognizable offence and without
warrant for cognizable offences.
There are four components involved:
• A seizure or touching of a person's body.
•Followed by words such as you are under arrest
•The person's submission to the compulsion.
•The police informing the person of the true grounds for his arrest.
 CrPC Sec 41
The police officer can arrest a person without warrant in the following
cases:
o When the person has done a crime in the presence of a police
officer
o When a reasonable suspicion regarding the commission of an
offence is there.
o When a person possess something which he has stolen
o Who obstruct a police officer from doing his duty and so on
 Cognizable offences
Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach
of Trust, Unnatural Offences.

Non-Cognizable offences
Forgery, cheating, defamation, public disturbance, etc.
 PROCEDURE FOR ARREST
The police officer making the arrest should have an accurate,
visible, and clear identification of his name

A memorandum of arrest should be prepared.

This include
 Attestation by one witness, who can be a family member or any
other respectable member of the locality
 Counter-signature of the arrested person

If such memorandum is not attested, the arrested person need to be told. He has the right
to inform a relative or friend about his arrest
 In making arrest, the police officer shall actually touch or confine the body of the
person to be arrested
 For the above, if a women need to be arrested, it should be done by a female officer. If
it is not done by a female officer, the officer making the arrest should not touch the
women for making her arrest.
 If the person to be arrested resists the arrest, or attempt to evade, such police officer
may use all means to arrest the person.
 The officer in any ways cannot cause death of a person, If the person to be arrested
has not done an offence punishable with death or imprisonment of death.
 A women should not be arrested after sunset and before sunrise, except in some
exceptional condition. In such exceptional condition, the arrest should be made by a
female officer with prior permission from the judicial magistrate of first class.
RIGHT OF AN ARRESTED PERSON
When any person is arrested and interrogated by the police, he has the right
to meet an advocate oh his choice during interrogation, but not throughout
the interrogation.

This provision is explained under section 41-D of Cr.P.C

 SEARCH AND SEIZURE
The term ‘search' means an action taken by the government to go through or look after or
examine a place, person, object, area, etc. in order to find any concealed evidence or for the
purpose of finding evidence of the crime. The search of a person or place should be carried out
under the valid authority of law and there should be a nexus between the crime and search, it
cannot be a random search.

A search warrant is a written authority, which is issued by a judge or magistrate to a police officer
or any authorized person to conduct a search of a person, place and vehicle, etc. The police officers
are cautioned to use search warrant with little care and not abuse their power. Section 165 of CrPC
provides the circumstances and the way in which a search is carried out by a police officer
The legal authority can procure evidences for the purpose of investigation, inquiry or trial

Sections 93, 94, 95 and 97: Search with warrant

Section 103, 165 and 166: Search without warrant
Section 100- General Provision

Section 93: If the court believe that a person will not produce a particular document
upon a summons issued, the court can entitle an officer to direct a search by issuing a
search warrant.
 SEARCH WARRANT
A written authority given to a police officer or any other authority by a magistrate or court for
conducting the search of a place.
Search warrant can be issued to conduct a general search of a place or for specific items or
documents or even for persons who have been wrongfully detained.
The magistrate needs to record a proper reason for the issuing of a search warrant.
When is search warrant issued?
As per section 93 and 94, warrant is issued for search in the following situations:
1. The person who has been summoned will not produce a document or thing
2. The court does not know whether a person possess a document
3. If any information is there stating that a particular property that is to be deposited in the court,
or stolen is in any premises
 SEARCH WITHOUT WARRANT

1. Magistrate in his presence can direct a search- Section 103

2. Search by police officer during investigation Sec 165
3. Power to conduct search in the limits of another police station
4. Search for false weights and measures
 SEIZURE (SEC 102)

• Taking physical possession (taking physical possession of movable property)

• A police officer during the investigation of any offence, searches a place for any specific thing has
the power to seize them if it is recovered in the search
• Any property that is stolen or suspect to be stolen, and properties that has direct link to the crime
committed can be seized.
 Seizure
The act of seizing is known as a seizure, an action done with force in order to grab or
remove an object or person. Search and seizure is also an important stage in the process of
investigation.

There are 2 methods by which police can effect search and seizure:
1. By issuing the warrant, which is dealt under sections 93,94,95, and 97 of CrPC.
2. Without a warrant, which is dealt under sections 103,165 and 166 of CrPC.

The basic provisions as to search and seizure are laid in section 100 of CrPC
GENERAL PROVISIONS FOR SEARCH
SECTION 100 CrPC
First responder- the officer who responds first to the scene- has the responsibility to protect the public
and the crime scene and control the crime scene and control the changes made to the crime scene to the best of
their ability. It is usually a call to the emergency services that triggers the investigation of a potential crime.
That is why the first person on the scene, known as the first responder, is usually a police, fire, or medical
officer.
His or her priority is always the safety of those who are at the scene, but the responder also has to be aware
of the importance of preserving evidence that may be relevant to any crime that has been committed. After
all, he or she is the only person to see the location in its original state. The actions and observations of first
responders can therefore be crucial in terms of gathering and preservation of evidence that may eventually be
presented in court. On arrival at the scene, the first responder will carry out an initial assessment of whether
a crime has actually been committed. If there is an obvious victim, the first priority has to be to offer first
aid and any other assistance. In the case of a serious crime, the first responder will call for help so that the
tasks of dealing with those present and preserving evidence can be delegated.
Responsibilities of First Responder
 Assist the victim.
 Search for and arrest the suspect if still on the scene.
 Detain all witnesses because they possess valuable information
about the crime scene.
 Keep witnesses separated to preserve their objectivity.
 Protect the crime scene. Begin by using barrier tape, official
vehicles , or other means to secure the scene.
 Establish a crime scene security log to record the names of all persons who
enter or exit the crime scene.
 Do not smoke, drink, or eat within the secured crime scene and do not allow
unnecessary persons or officials to enter or contaminate the scene.
 Note and communicate to crime scene investigators all movements and
alterations made to the crime scene.
 Conduct first aid to any victim.
 Establish the extent of the scene.
 Establish If a crime has been committed.
 To establish entry/exit point at the scene
 FIR
First Information Report (FIR) is a written document prepared by the
police when they receive information about the commission of a
cognizable offence. It is a report of information that reaches the police first
in point of time and that is why it is called the First Information Report. It is
generally a complaint lodged with the police by the victim of a
cognizable offence or by someone on his/her behalf. Anyone can report
the commission of a cognizable offence either orally or in writing to the
police. Even a telephonic message can be treated as an FIR.
Why is FIR important? An FIR is a very important document as it sets the
process of criminal justice in motion. It is only after the FIR is registered in the
police station that the police takes up investigation of the case.

Who can lodge an FIR? Anyone who knows about the commission of a
cognizable offence can file an FIR. It is not necessary that only the victim of the
crime should file an FIR. A police officer who comes to know about a
cognizable offence can file an FIR himself/herself. You can file an FIR if:
• You are the person against whom the offence has been committed;
• You know yourself about an offence which has been committed;
• You have seen the offence being committed.
What should you mention in the FIR?
• Your name and address;
• Date, time and location of the incident you are reporting;
• The true facts of the incident as they occurred;
• Names and descriptions of the persons involved in the
incident; Refusal to register an F.I.R. is against the Law
• Witnesses, if any
 Once an FIR has been filed the police are legally bound to start
investigating the case.
 The process of investigation includes, but is not limited to,
collecting evidence, questioning witnesses, inspecting the
crime scene, forensic testing, recording statements and so
on. If the criminals are found, the police will make arrests.
 Once the investigation has been concluded the police will record
all their findings in a ‘Challan’ or charge sheet. If it is deemed
that there is enough proof on the charge sheet the case goes to
court.
 On the flipside, after their investigations if the police conclude that
there is not enough evidence or proof that a crime has been
committed they can close the case after justifying their reasons in
court. If the police decide to close the case, they are bound to
inform the person who filed the FIR of their decision
 BAIL
Bail is the conditional/provisional release of a person held under legal
custody (in matters which are yet to be pronounced by the Court), by
undertaking a promise to appear in the Court as and when required. It
signifies a security/collateral deposited before the Court for release.

Types of Bail in India:

1. Regular Bail: It is a direction given by the Court (any Court within the country) to
release a person who is already under arrest and kept in police custody. For such
Bail, a person can file an application under Section 437 and 439 of the CrPC.
2. Interim Bail: Bail granted for a temporary and short
period by the Court till the application seeking Anticipatory Bail
or Regular Bail is pending before a Court.

3. Anticipatory Bail or Pre-arrest Bail: It is a legal provision

that allows an accused person to apply for bail before being
arrested. In India, pre-arrest bail is granted under section 438 of
the Code of Criminal Procedure, 1973. It is issued only by
the Sessions Court and High Court.
What are the Conditions for Granting an Anticipatory Bail in India?
•The person seeking anticipatory bail should have reason to believe that
they may be arrested for a non-bailable offense.
•The court may also impose a monetary bond, which the person seeking
anticipatory bail will have to pay if they fail to appear before the court or
violate the conditions imposed.
•The person seeking anticipatory bail must make themselves available for
interrogation by the investigating officer as and when required.
 The court may grant anticipatory bail for a limited period, and the person
will have to surrender to custody once the period expires.
 It is important to note that the granting of anticipatory bail is at the
discretion of the court and is not an absolute right. The court will
consider various factors, such as the nature and gravity of the offense, the
antecedents of the person seeking anticipatory bail, and the likelihood of the
person absconding or tampering with evidence, before deciding whether to
grant anticipatory bail.
 CHARGE
The charge is a legal word used to denote an allegation

when an allegation against a person consists of more than one, it is known as

‘Charges.
For example, if we take a situation where a person, A, has been alleged of a hit-and-run case by
B, and an FIR has been lodged against him. After the FIR has been lodged, the police will submit
a report in the court informing the court about the offence A has committed along with the
investigation status. After deliberating upon the matter, the court will frame charges of Rash
Driving (under Section 279 of the Indian Penal Code, 1860) and Culpable Homicide not
amounting to Murder (under Section 299 of the IPC) against A to initiate a trial. However, if A
had been alleged of the offence of Rash Driving only, the court would have framed a
single charge against him
The topic of Charges has been divided into two headings:
(i) Forms of Charges (Section 211-217); and
(ii) Joinder of Charges (Section 218-224.

FRAMING OF CHARGE
Framing of charges refers to the court’s opinion that the accused has done a particular
offence after considering the police report and other documents and hearing both parties. It is
a first step towards initiating a trial against the accused. Although the framing of charges is a
necessary exercise where the accused is informed about the allegations against him, it is not
necessary to frame formal charges in every case.
JOINDER OF CHARGES:
 Part B of Chapter XVII of the CrPC from Sections 218 to 224 deals with
the Joinder of Charges.
 Whenever a person is accused of any offence, a single charge may be framed
against him or more than one.
 The general principle under the CrPC is that for every offence a person has
committed, the court has to frame separate charges for separate offences. In
other words, every offence constitutes a separate charge. However, there may
be situations where different charges may be framed together as a single
entity.
For example, two or more persons who commit the same
offence can be tried together, taking both under one
heading. Similarly, if a person has committed a series of
offences and those offences are in proximate connection
with each other, those offences may be regarded as one
under the charges by the court. Such situations pave the
way for the Joinder of Charges, which refers to joining
different charges into a single charge.
 FORMS AND CONTENT OF CHARGE
Section 211 of Cr.PC constitutes essentials elements of the contents of the charge
1. The charge form states the offences for which a person is accused.
2. The exact name of the offence is mentioned in the charge form
3. When an offence committed by a person is not named under any law, then
such an offence needs to be defined in the charge form.
4. The language used in charge form should be the language of law
5. The charge form shall contain the time, place, against whom an offence is
committed
 I – Charges with One Head (Form 32)

(1)(a) I, ……… (name and office of Magistrate, etc.), hereby charge you ………
(name of accused person) as follows —

(b) On section 121 — That you, on or about the ……… day of ………, at
……… waged war against the Government of India and thereby committed an
offence punishable under section 121 of the Indian Penal Code, and within the
cognizance of this Court.

(c ) And I hereby direct that you be tried by this Court on the said charge.

(Signature and Seal of the Magistrate)

 TRIAL
Trial is the process in a court of law where a judge or a magistrate
listens to evidence and decides if somebody is guilty of a crime or not.
A trial is a coming together of parties to a dispute, to present information (in the
form of evidence) in a tribunal, a formal setting with
the authority to adjudicate claims or disputes.

There are 4 types of trial of offences in Indian legal system

namely
 Trial by Court of Session,
 Trial of Warrant case,
 Trial of Summons case,
 Summary trials
1.Sessions Trial or Trial by court of Session: – If the offence committed
is punishable with more than seven years of imprisonment or Life
imprisonment or Death, the trial is to be conducted in a Sessions court
after being committed or forwarded to the court by a magistrate.
2.Warrant Trial or Trial of Warrant cases: – Warrant case includes
offence punishable with the death penalty, imprisonment for life and
imprisonment exceeding two years. A trial in a warrant case begins either
by filing an FIR in a Police Station or by filing it before a Magistrate.
3.Summons Trial or Trial of Summons cases: – If the offense committed is
punishable by imprisonment less than two years, it is treated as a summons
case. In relation to this crime, it is not necessary to frame charges. The magistrate
issues summons under section 204 (1) (a) of Cr.P.C, 1973. “Summons case” means
a case related to the offense, not a case of a warrant.
4.Summary Trials: – The trials in which cases are disposed of rapidly and a
simple procedure is followed and recording of such trials are done summarily. In
this trial only small cases are taken up and complex cases are reserved for
summons and warrant trials. The legal provisions for summary trial are given
under section 260-265 of Cr.P.C, 1973.
 JUDGEMENT
 The word ‘judgement’ is derived after combining two words namely, judge
and statement
 A judgement is based upon facts.
 A judgement contains facts of the case, the issues involved, the evidence
brought by the parties, finding on issues(based on evidence and
arguments).
 The definition of the word judgement given in section 2(9) of the Code of
Civil Procedure, 1908
 Every judgement shall include a summary of the pleadings, issues, finding
on each issue, ratio decidendi and the relief granted by the court.
Pronouncement of a judgement

The word pronouncement means to make an official public

announcement. Pronouncement of a judgement means that after the
hearing is completed i.e. after the Court has heard the pleadings of the
parties, the judgement shall be announced by the Judges in an open
Court, either at once or at some future day, after providing due notice to
the parties or their learned counsels.
If a judgement is not pronounced immediately then it must be
pronounced within 30 days from the date of the conclusion of hearing.
However, sometimes it so happens that due to exceptional and some
extraordinary reasons like a bank holiday, strike or some other situation
it may be delivered within 60 days from the conclusion of the hearing
Copy of the judgement

Once the judgement is pronounced the copies of that particular

judgement should be immediately made available to the parties on
payment of costs as specified, by the party applying for such copy,
of such charges as may be specified in the rules and orders made by
the High Court
 APPEAL
 Appeal is an application of plea, and is brought to a higher court to review
the decision given by the lower court.
 Appeal cannot be given to the same court where a case was proceeded.
 Appeal always need to be given to a higher court
 Eg: when a case was tried by the magistrate court, then the appeal needs to be
given to high court.
 Appeal can be either to overturn the decision of the lower court, or to accept
the decision and lower the sentence.
 Appeal is a constitutional rights, means inherently we cant appeal for any
case. It should be given under the constitution that for such cases appeal can be
given
 But if you are a victim and the person accused was made free of charge,
then you can appeal
 Any person convicted on a trial by high court, they can appeal to the SC
 If the trial was held by a sessions judge or additional session judge, and the
imprisonment is more than 7 years they can go appeal to the high court.
 When accused pleaded guilty, and gets convicted, there he cannot appeal.
 In petty cases appeal is not possible.
REFERENCE-Section 113, Order XLVI
• A Subordinate court can refer a case for opinion of High Court

• During trial of a case trial Court may have a doubt as to any question of law
involved in that case

• Then such court may state the case and refer to High Court for opinion and
decide the case accordingly

• Any court may state a case and refer the same for the opinion of the High
Court, and High Court may make such order thereon as it thinks fit
When a subordinate court may refer case to High Court
When before a subordinate court-

1. Involves a question as to validity of any act, ordinance or regulation or of

any provision thereof and

2. The determination of such question is necessary for the disposal of the case
and,

3. In the opinion of the court such Act, Ordinance, Regulation or provision is

invalid or inoperative, but has not been so declared by High Court or
Supreme Court
 Procedure relating to Reference
• A reference may be made by any court- where in a suit or in a appeal in
which the decree is not subject to appeal or any question of law or usage
having the force of law arises or there is doubts whether the suit is cognizable
by a court or is not so cognizable

• Court can refer a case for reference suo moto or application made by a party

• The court must draw up a statement of the facts of the case and the point on
which doubt is entertained. Such statement must be referred to High Court
along with its own opinion

• The court may either stay the proceedings or proceed in the case not
withstanding such reference
• The High Court after hearing the parties if they appear and desire to be
heard, shall decide the point so referred, and shall transmit a copy of its
judgement

• High Court may return the case for amendment, and may alter, cancel or
set aside any decree or order which the Court making the reference has
passed or made in the case out of which the reference arose, and make
such order as it thinks fit
 REVISION- Section 115
• To revise means to look again and correct

• Object of this provision is to enable High Court to correct, when

necessary, certain clauses of errors of jurisdiction committed by the
Subordinate Courts
 When High Court may review
The High Court may call for the record of any case which has been decided by
any court subordinate to such high court and in which no appeal lies thereto,
and if such subordinate court appears :

1. To have exercised a jurisdiction not vested in it by law; or

2. To have failed to exercise a jurisdiction so vested; or

3. To have acted in the exercise of its jurisdiction illegally or with material

irregularity,

The High Court may make such order in the case as it thinks fit
When can High Court use Revision Power?

High Court can exercise its revision power when:

1. Person aggrieved by an order passed by a subordinate court

make application or

2. High Court may suo moto considers it necessary

 Conditions for revision:

1. There must be a case decided

2. The court deciding the case must be subordinate to High Court

3. Order passed is non-appealable

4. In deciding the case, subordinate court must appear to have :

a) Exercised jurisdiction not vested in it by law

b) Failed to exercise jurisdiction so vested
c) Acted in the exercise of its jurisdiction illegally or with material irregularity
 TRANSFER OF CASES
Section 22 and 23 of CPC confers power of the civil court to transfer suits from 1
civil court to another on the application of the defendant.

Objective:
• The judiciary is the most sanctified body to deliver justice and has always
maintained a very strict view regarding fairness in trail procedures.
• So inorder to protect the reputation of the courts and maintain high order of
moral standards between the members of judiciary and CrPC.
• CrPC have enough reasonable grounds to transfer cases from 1 court to another
court
 Conditions for the transfer of cases:

1. The suit or other proceeding must have been pending in a court

competent to try it

2. The transfer court must be subordinate to the court making transfer

order

3. The transferee court should be competent to try or dispose of the

suit, where competency does not only include pecuniary but also
territorial competency
 Power and Duty:
General power of transfer and withdrawal under section 24 of CPC:
1. On receiving application of any of the parties and giving notice to parties and even without receiving the
application, the High Court or District Court at any stage whether trial, proceeding or hearing
A. Transfer any civil case whether pending or decided or at trial stage to the subordinate court but capable of
dealing with that matter
B. The District Court or High Court has also the power to withdraw the case whether pending for proceeding, or
decided for trial purpose and can transfer it to any court which is subordinate to it but capable of dealing with that
matter

2. Where the suit or proceeding is transferred the court can start the proceeding from the point where it is
transferred, or it can start from the beginning

3. For the purpose of this section, courts of additional and assistant judges shall be subordinate to district court

Duty: when transfer is made on application, the court must act judicially, guided by a sense of justice, on
considering objectivity and not subjectivity. And it should also be in mind that it will not get justice at the hands of
presiding office
CHEMICAL EXAMINER’S REPORT

A forensic report is written for the benefit of the court and is

typically about the subject rather than for the subject. As the
primary work product of forensic evaluations, forensic reports
usually influence the court’s decision. Because of their
importance, they require more care than an average report.
 Importance:

• Forensic report plays an important role in justification of the criminal cases

in the court room

• The results of forensic related investigations are often detailed in a forensic

report. These reports are often used for several purposes, including billing,
affidavit’s and as a proof of what was found or not found

• These reports are very important to a case, since the improper processing
of the data or missing key evidence can mean the difference between
winning and losing a case
 While creating a forensic report:

• Provide accurate information on the examinee’s identity and dates of evaluation

• Organize the report in a manner that is logical and assist the reader’s
understanding
• Report only data, not inferences, in one databased section of the report
• Report inferences and opinions in another section, which uses the earlier data but
offers no new data
• Use language that minimizes the potential for bias or the appearance of
gratuitous evaluative judgements
• Avoiding typographical errors and incomplete sentences
 Interpretations and Opinions:
• Address only the clinical and forensic questions that were asked in the referral
process
• Provide a clear explanation for every important opinion or conclusion that you
offer
• Summarizing the relevant data and how they logically support the opinion
• Identify alternative interpretations that might be considered, and explain how
the data were used to weigh these interpretations against the opinion you are
offering
• Produce interpretations and opinions that are logically and internally consistent
• When opinions or recommendations require specialized knowledge, express
opinions only on matters for which you are qualified and competent
 Report Format:
 Introduction (Title Page):

The introduction typically includes information about the referring party and the purpose of
the evaluation, identifying information about the subject and the general procedures used.

-the case name

-date
-examinee name
-examiner’s name with degree
-license number
-contact information

 Summary of the report:

Especially important for longer reports, this allows the reader to get the high level view of
important findings without having to go for looking on all the pages.
 Instruments:

A list of the instruments and systems used for conducting the tests with the model and version informations

 Results:

The obtained results should be explained with statical graphs and tables for a better understanding and comparing with a
normal person if needed

 Time:

The test was started on…. AM and ended on ….. PM

 Remarks/ Notes:

If any..! Like behaviour of the examinee or something that a court may be interested in.

 Conclusion:

Highlight the important issues. This often comes in the form of a numbered list of concise findings. Used words should be
that clear that can be understood by others too. Should be avoided scientific words…the words commonly and generally
used should be applied.
 Opinion and Recommendations:

Opinion regarding mental state at the time of the alleged offenses (if ordered or requested). Forensic report has
an immediate and significant impact on the subject of the evaluation.

 Signature:

Signature of the examiner:

Date:
Place:
Official stamp: