PPT CRPC PRESENTATION A COMPARISION THEORY

The Code of Criminal Procedure, 1973
By Assistant Professor Dr. Meenakshi
Sharma

What is the Code of Criminal
Procedure, 1973?
The CrPC is a comprehensive document designed to
provide due process to the accused by laying down a
procedure for cognizance, arrest, bail, collection of
evidence, trial and determination of innocence or guilt.

Why do we need the Criminal Procedure
Law?
 Anyone who has a rudimentary knowledge of criminal law will know that it deals
with what amounts to an offence and what are the penalties associated with such
offences. However, the nature of most criminal punishment is such that it confines
the individual liberty of a person. Imprisonment, if illegal, violates some of the
most basic freedoms and rights associated with a democracy. Thus, we need a law
that sets the state’s machinery running with respect to enforcing law and order and
imparting justice, and regulates the procedure followed by these institutions.The
Criminal procedure code refers to the working of these institutions for the entire
time period between when a crime has been committed until the time the sentence
against the crime is passed and the case is closed. It refers to the machinery to be
adopted by the State when a violation of the penal law, i.e., offence under the
Indian Penal Code, has been detected or reported.

What is an offence ?
 An offence is a transgression of the law, by action or omission. That means there may
be some cases where the law requires you to abstain or refrain from performing a
particular act. There may also be cases where the law requires you to take a positive
action, failing which you may be held liable for the offence.
Types of Criminal Offences:
• Bailable offence and Non-bailable offence
• Cognizable and Non-Cognizable offence

Hierarchy of court (section 6-23)
The setup of criminal courts in India is of 2 types i.e. District and Metropolitan
areas.
 District
The setup of criminal courts in district areas is at 3 levels: –
 At the lower level of the judiciary the courts are called courts of Judicial
Magistrate which are of 3 types: –
• Judicial magistrate
• Judicial magistrate second class
• Special magistrate court

At the middle level of the judiciary, the courts at the sessions
level include: –
• Court of sessions
• Additional courts of sessions
• Assistant courts of sessions
• Special courts
At the higher level of the judiciary, there are the High Court and
Supreme Court.

Classes of criminal courts
 Section 6 of the Cr.P.C provides for the classes of criminal
courts in every State apart from the High Courts and the
Supreme Court, namely –
• Court of Session
• Judicial Magistrates of the first class and, Metropolitan
Magistrates in any metropolitan areas
• Judicial Magistrates of the second class; and
• Executive Magistrates

Public Prosecutor (section 24 to 25 A)
 A Public Prosecutor is considered as the agent of the state to represent the
interest of common people in the criminal justice system. The prosecution of the
accused is the duty of the state but not individually the duty of the aggrieved
party. They are appointed in almost all countries. The Public Prosecutor is
defined in Section 24 of Cr.P.C. They serve as the basic principle of Rule of Law
i.e. auld alteram partem (no person shall be condemned unheard).
 Section 2(u) of the Code of Criminal Procedure defines Public Prosecutor. “A
person who is appointed under Section 24 of CrPC and it also includes any
person who is acting under the directions of the Public Prosecutor.

BASIC CONCEPTS AND
DEFINITIONS
Bailable and non-bailable offences [2(a)]
Bailable offence is one where the defendant (the one who is defending himself in a
criminal case) may be able to secure his release upon the payment of bail. These
are the cases where the grant of bail is a matter of course and right. If a person is
held under a non-bailable presence, he cannot claim the grant of bail as a matter
of right. But the law gives special consideration in favor of granting bail where the
accused is under sixteen, a woman, sick or inﬁrm, or if the court is satisfied that
it is just and proper for any other special reason to give rather than refuse bail.

Cognizable and non-cognizable offences (154)
 Offences can be categorized into various types, but we will particularly focus on two :
Cognizable Offences and Non-cognizable Offences. Under Cr.P.C., Cognizable
Offence is discussed under Section 154. Section 2(c) of Cr.P.C. defines it to be an
offence in which the police officer can arrest the convict without a warrant and can
start investigation without the due permission of the court. These are the offences that
are usually very serious and generally heinous in nature. For example: Rape, murder,
kidnapping, dowry death etc. All cognizable offences are non-bailable due to their
serious and heinous nature. Section 2(1) of Cr.P.C. defines Non-cognizable Offence. It
refers to it as an offence for which a police officer has no authority to arrest without a
warrant. These are the offences that are not serious or usually petty in nature. For
example: assault, cheating, forgery, defamation etc. Non-cognizable offences are
usually bailable because of their non serious nature.

Police report [173(2)]
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”.

Investigation [2(h)]
 The term ‘investigation’ has been defined in Section 2(h) of the Code of
Criminal procedure, Investigation includes all the proceedings under this Code
for the collection of evidence conducted by a police officer or by any person
(other than a Magistrate) who is authorised by a Magistrate in this behalf. The
investigation of an offence consists of:
• Proceeding to the spot.
• Ascertainment of facts and circumstances of the case.
• Discovery and arrest of the suspect.
• Collection of evidence which may include:
• Examination of persons concerned and reducing their statement to writing.
• Search and seizure of places and things respectively considered necessary.

Trial
 To further proceed with the various concepts associated with Trial in the criminal
system in India, we must learn with the very basic concept of trial. 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 CrPC[v] 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 the Magistrate with
the sole power of either to take the case into 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.

Summons and warrants case [2(w), 2(x)]
 “Summon” is a document that commands a person to whom it is served to appear
before the court and to answer the complaint made against him. Summon is issued
by the Magistrate to the accused under section 204(1) (a) of Cr.P.C, 1973.
“Summon case” means a case relating to an offence, not being a warrant case.
 Summon cases can be referred from the definition of the warrant case i.e.,
offences punishable with death, imprisonment for life and imprisonment for the
terms exceeding two years called as warrant cases. So summon cases are those in
which punishment will not exceed imprisonment for two years. It can be said that
summon cases are not of serious nature, so it needs to be decided speedily,
without dispensing the requisites of the fair trial. The procedure to deal with such
matters is provided in section 251 to 259 of Cr.P.C, 1973 which is not as
serious/formal as other trials

Arrest and Right of an arrested person [50(1), 50(2), 57, 303,
304]
 Section 50 of CrPC says that every police officer or any other person who is
authorised to arrest a person without a warrant should inform the arrested person
about the offence for which he is arrested and other grounds for such an arrest. It is
the duty of the police officer and he cannot refuse it.
 Section 50A of CrPC obligates a person making an arrest to inform of the arrest to
any of his friends or relative or any other person in his interest.
 Section 55 of CrPC states that whenever a police officer has authorised his
subordinate to arrest any person without a warrant, the subordinate officer needs to
notify the person arrested of the substance of written order that is given, specifying
the offence and other grounds of arrest.
 Article 22(1) of the Constitution of India also states that no police officer should
arrest any person without informing the ground of arrest.

Right to be Produced before the Magistrate without
Unnecessary Delay
 Section 55 of CrPC states that a police officer making an arrest without a
warrant should produce the arrested person without unnecessary delay before
the Magistrate having jurisdiction or a police officer in charge of the police
station, subject to the conditions of the arrest.
 Section 76 of CrPC states that the police officer executing a warrant of arrest
should produce the arrested person before the court before which he is required
by law to produce the person. It states that the person should be produced
within 24 hours of arrest. While calculating the time period of 24 hours, it must
exclude the time which is required for the journey from the place of detaining
to the Magistrate Court.

Rights to be released on Bail
Subsection(2) of Section 50 of CrPC states that when a police officer
arrests any person without a warrant for an offence other than non-
cognizable offence; he shall inform him that he has a right to release on
bail and to make an arrangement for the sureties on his behalf.
Rights to a fair trial
Any provision related to the right to a fair trial is not given in CrPC, but
such rights can be derived from the Constitution and the various
judgements. Article 14 of the Constitution of states that ”all persons are
equal before the law”. It means that all the parties to the dispute should be
given equal treatment.

Right to Consult a Lawyer
• Section 41D of CrPC states the right of the prisoners to consult his lawyer
during interrogation.
• Article 22(1) of the constitution states that the arrested person has a right to
appoint a lawyer and be defended by the pleader of his choice.
• Section 303 of CrPC states that when a person is alleged to have committed an
offence before the criminal court or against whom proceedings have been
initiated, has a right to be defended by a legal practitioner of his choice.

In D.K Basu
vs State of West Bengal and others
In D.K Basu VS State of West Bengal and others, this case is a
landmark judgement because it focuses “on the rights of the arrested
person and it also obligates the police officer to do certain activities”.
The court also states that if the police officer fails to perform his duty
then he will be liable for contempt of court as well as for the
departmental actions. Such matter can be instituted in any High Court
having the jurisdiction over the matter.

Provision of bail under the code (436-450)
What is bail ?
The term ‘bail’ means a kind of security or bond which is given to release a person
from prison. It is a pro tem release of a criminal before his trial begins. The term ’bail’
is not defined anywhere in the Criminal Procedure Code, 1973, however, the terms
‘bailable offense’ and ’non-bailable offense’ are defined in Section 2(a) of Cr.P.C.
Section 436 of CrPC states that any person who is detained by a police officer,
who doesn’t have a warrant or that person is prepared in the custody of the
police officer before the court has granted him bail, shall be released on bail
through a bond without any kind of sureties.

Types of bail
• Regular bail
When a person has been arrested and is kept in custody, then the person can be released on a
regular bail under Section 437 and Section 439 of the Cr.P.C.
 Section 437
It states that, if any person is detained for the commission of a non-bailable offense, without a
warrant by a police officer, or when there are reasons to believe that there are not sufficient
grounds to prove that the person has committed any non-bailable offense, then he can be released.
 Section 439
It gives special powers to the High Court and the Court of Sessions regarding the same. It enables
these courts to release the people on bail for the offenses specified in Section 437(3) of CrPC. The
court can impose any condition which it thinks is necessary. It further provides that any condition
which the Magistrate imposes can be set aside if the High Court has granted bail after giving notice
to the public prosecutor.

• Interim bail
Before the procedure for granting a regular bail or anticipatory bail, interim
bail is provided. It is given for a temporary period. The reason behind this is
that the granting of bail by the High Court or the Court of Session requires
documents to be sent by the lower courts, which takes time. So, for the time
being, the provision of interim bail is provided. The Interim bail can be
extended and if its period expires then the person to whom it is granted has
to be put in jail again.

• Anticipatory bail
Section 438 of the Criminal Procedure Code, provides the direction for a person
apprehending arrest for any reason to believe.It provides that any person who
anticipates that he can be arrested in pursuance of any accusation of committing
a non-bailable crime can apply for the grant of anticipatory bail. Application has
to be made to the High Court or the Court of Sessions. According to this Section
if a person is released then there are some conditions that will follow- The
person has to be present during the investigation whenever required, The person
can not induce any person to disable him to enclose the facts against him during
the proceedings, The person shall not leave India without the prior permission of
the court.

Appeals (372-394)
 An appeal is a tool given to the parties of a case to ensure justice is served and all
the parties are satisfied by the judgment. After hearing all the parties in a case, a
competent court pronounces the judgment and if the parties are not satisfied with
the judgment they have a right to appeal to a higher court. Such an appeal would
give the aggravated party another opportunity to present their case to a higher
authority or the Appellate Court who would judge the case with a fresh
perspective and if there are any wrongdoings, they would be corrected. When the
verdict is unreasonable or not supported by evidence, or when there is
miscarriage of justice on any grounds, then such a verdict can be appealed.

CASE LAWS UNDER CRPC
1. The principle of natural justice should be considered in respect of both the parties.
Right to a speedy trial is recognized in the case Huissainara khatoon
vs Home Secretary, State of Bihar, the court held- “the trial is to be disposed of as
expeditiously as possible”. (RIGHT OF AN ARRESTED PERSON)
2. Amiya kumar v. state of west Bengal 1978 Cri.LJ 288 In the instant case, it was held
that section 438 of the code empowers both the high court and the session’s court to
grant the anticipatory bail. Both the high court and the Sessions court have the
competency to grant this bail. If the Sessions court rejects the petition filed by the
applicant for the anticipatory bail then he can’t file the petition for the same in the
high court. (PROCEDURE OF BAIL)

3. In the case of State of Punjab vs Kala Ram @ Kala Singh (2018), the Court
held that under Section 366(2) of CrPC the court while passing the conviction shall
grant the jail custody of the convicted person under a warrant i.e. the person shall
be kept in custody and not as a punishment. The ‘safe keeping’ in jail custody is the
limited jurisdiction of the jailor. It is a trusteeship in the hands of the
Superintendent, and not an imprisonment in a real sense. (SUBMISSION OF
DEATH SENTENCE)
4. Javer Chand and Ors. V. Pukhraj Surana, 1961 In this case, it was held that the
Court does not proceed further whenever an objection is raised in the court without
passing any order on such an objection. If there is an objection on the stamp duty
of a document, then objection will be decided then and there before proceeding
further. (GENERAL PROVISIONS AS TO INQUIRY AND TRIAL)

PPT CRPC PRESENTATION A COMPARISION THEORY

PPT CRPC PRESENTATION A COMPARISION THEORY

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PPT CRPC PRESENTATION A COMPARISION THEORY