Cr PC 2018 7 SEM - Lecture notes crpc PDF

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AL-AMEEN COLLEGE OF LAW HOSUR ROAD, BENGALURU. MODEL ANSWERS- DECEMBER 201 8Third Semester 3 Year LL/Seventh Semester 5 Year B.A.LLCRIMINAL PROCEDURE CODE, J. ACT AND P. ACTQ.WHAT IS ARREST? STATE THE CIRCUMSTANCES UNDER WHICH A PERSON CAN BE ARRESTED WITHOUT WARRANT.SYNOPSIS:INTRODUCTION MEANING TY...

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AL-AMEEN COLLEGE OF LAW HOSUR ROAD, BENGALURU.

MODEL ANSWERS- DECEMBER 2018 Third Semester 3 Year LL.B/Seventh Semester 5 Year B.A.LL.B

CRIMINAL PROCEDURE CODE, J.J. ACT AND P.O. ACT Q.No.1 WHAT IS ARREST? STATE THE CIRCUMSTANCES UNDER WHICH A PERSON CAN BE ARRESTED WITHOUT WARRANT. SYNOPSIS: INTRODUCTION MEANING TYPES OF ARREST ARESST WITHOUT WARRANT CONCLUSION INTRODUCTION: Arrest is a very important process in the code as it ensures the presence of the accused at the trial. Section 41 to 60 of the CRPC lays down the provisions relating to Arrest of Persons. This section empowers a police officer to arrest a person and not a private person. MEANING: “Every compulsion or physical restraint is not arrest but when the restraint is total and deprivation of liberty is complete, that would amount to arrest”. The expression “Arrest” literally means “Deprivation of personal liberty by legal authority. An arrest implies the actual seizure or touching of the person with a view to keep him in detention. TYPES OF ARREST: 1. Arrest with warrant 2. Arrest without warrant 1. ARREST WITH WARRANT : means which may be issued by a Magistrate after taking cognizance of the offence whether cognizable or non-cognizable . If the offence is cognizable, the police can arrest without warrant. The purpose of warrant is to cause the accused to appear before the court. The Magistrate issues warrant, when he has reason to believe that the accused has absconded or would not obey the summons. Cognizance of any offence can be taken by a magistrate not only upon a police report but also upon receiving complaint or upon information received from any person other than a police officer or upon the knowledge of the magistrate himself. In such cases or where the cognizance has been taken on a police report in respect of a non-cognizable offence, the magistrate may issue a warrant of arrest in accordance with the above mentioned rules. 2. ARREST WITHOUT WARRANT: Generally a person shall be arrested with a warrant. However, a

person may be arrested without warrant because of the serious nature of circumstance and to enable the police to discharge their duties effectively powers of arrest without warrant are mainly conferred on the police. Arrest without warrant can be made under the following circumstances: a. Arrest without warrant by police (section 41,42 and 55) b. Arrest by private person (Section 43)

c. Arrest by a Magistrate (Section 44) a. Arrest without warrant by police (section 41,42 and 55):- Section 41 contains the circumstances under which the police may arrest without warrant. Section 42 empowers the police to arrest a person accused of committing a non-cognizable offence, who refused to reveal his/her name and residence. Section 55 lays down the procedure to be followed by a police officer, who deputes another officer subordinate to him to arrest a person without warrant. Powers of police to arrest a person without warrant under the following circumstance: 1. If a person is actually concerned or reasonably suspected to be concerned in a cognizable offence. 2. If he has committed or suspected to have committed an act outside India and the act is punishable under IPC. 3. Against a requisition from another police officer competent to arrest him without warrant. 4. Any person, who is deserter from any of the Armed forces of the Union. 5. Any person who is in possession without lawful excuse of any implemented of House breaking. 6. Any person found in possession of any property suspected to be stolen. 7. Any person obstructing a police officer in the discharge of his duties. 8. Any person who has escaped from lawful custody. 9. If a person, in the presence of police officer is accused of committing a non-cognizable offence and refuses to give his name and address. 10. When a police officer requires any officer subordinate to him to arrest without warrant any person shall give such order in writing. b. Arrest by private person (Section 43): Every person has a duty to inform the police or the nearest Magistrate, the commission of an offence. He can also arrest if the offender and handover him to the police. According to Section 43(1) of the Code, a private person may arrest or cause to be arrested any person1. If he commits a non-bailable and cognizable offence : or 2. If he is a proclaimed offender. But he shall without any delay make over such person to a police officer or nearest police station. The police officer may then rearrest the person so handed over to him. c. Arrest by Magistrate: Section 44: Any Magistrate, whether judicial or executive may arrest a person within his jurisdiction: 1. Any person who commits an offence in his local jurisdiction and his presence; or 2. Any person, for whose arrest, he is competent to issue a warrant. A magistrate arresting a person under section 44(1) of the Code should not try the case himself. The person so arrest by the Magistrate shall be produced within 24 hours before another Magistrate otherwise the arrest becomes illegal.

Q.No.2 WHAT IS BAIL? EXPLAIN THE PROCEDURE REGARDING THE GRANTING OF BAIL IN CASES OF BAILABLE AND NONBAILABLE OFFENCES. SYNOPSIS; INTRODUCTION MEANING OF BAIL TYPES OF BAIL

PROCEDURE FOR GRANTING BAIL IN BAILABLE OFFENCES PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES CONCLUSION INTRODUCTION: One important purpose of arrest is to secure the presence of the accused person at the time of his enquiry or trial and to ensure that he is available to receive the sentence on conviction. If the purpose can be achieved without forcing detention on the accused during inquiry or trial, it would be an ideal blending of two apparently conflicting claims, namely freedom of the individual and the interest of justice. It is presumed under law that the accused is innocent till the guilt is prove beyond reasonable doubt so he should not be subjected to the psychological and physical deprivations of jail life. The release on bail is crucial to the accused as the consequences of pre-trial detention are grave. Therefore the law of bails attempts to devise such a system and to operate it is in such manner as to enable it to release on bail the maximum number of accused persons without seriously endangering the objectives of arrest and trial. MEANING OF BAIL: There is no definite definition of bail in the Code, although the terms bailable offences and non-bailable offences have been defined. According to Law Lexicon Bail has been defined as a security for the appearance of the accused on giving which he is released pending trial or investigation. In other words, bail is to procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court. In fact when a person is granted bail, he is deemed to be under the custody of the court. TYPES OF BAIL: There are three types of Bails. They are as follows: 1. Bail in Bailable Offences (Section 436) 2. Bail in Non Bailable Offences (Section-437) 3. Anticipatory Bail (Section-438)

CIRCUMSTANCES FOR GRANTING BAIL IN BAILABLE OFFENCES: Bail in bailable offences is mandatory until and unless the arrestee has not complied with formalities of the bail. 1. where the arrestee is not accused of no-bailable offence:  It covers to all cases of persons accused of bail offences. 

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Where a person has failed to comply with conditions of the bail as regards the time and place of attendance, the court may refuse to release him on bail.

Where a person has been released on bail by the police should seek fresh bail from the court. 2. Where the investigation is not completed within the time prescribed:-

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A person arrested without a warrant cannot be detained by the police for more than 24 hours

If the police officers consider it necessary for detaining such person for a longer period for the purpose of investigation it can be done so only on special orders from the magistrate under section 167.

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90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for term not less than ten years and Sixty days where the investigation relates to any offence

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On the expiry of such periods as state above the accused person shall be released on bail if he is prepared to and does furnish bail

3. Where no reasonable grounds exist for believing the accused guilt of non-bailable offence. 4. Where trial before magistrate not concluded within 60 days 5. Where no reasonable grounds exist for believing the accused guilty after conclusion of trial before judgment.

PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES: Granting of bail in non-bailable offences is the discretion of the court and it not mandatory. 1. The discretion has to be exercised according to the following rules and principles as laid down by the Code and judicial decisions. Some of circumstances to be followed are as follows:

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The enormity of charge,

 The nature of accusation,  The severity of the punishment which the conviction will entail,  The nature of the evidence in support of the accusation,  The nature and gravity of the circumstances in which the offence is committed,  The position and status of the accused with reference to the victim and the witnesses,  The danger of witnesses being tampered with,  The likelihood of accused fleeing from justice,  Probability of the accused committing more offences,  The protracted nature of the trial,  The opportunity to the applicant for preparation of his defense and access to his counsel,  The health, Age and sex of the accused person, etc., 2. No bail in case of offence punishable with death or imprisonment for life. 3. Bail with conditions.

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In order to ensure that such person shall attend in accordance with the conditions of the bond executed.

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In order to ensure that such person shall not commit an offence similar to the offence of which he is accused of or the commission of which he is suspected, and

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That such person shall not directly or indirectly make any inducement, threat or promise to any person aquatinted with the facts to the court or to any police officer or tamper with the evidence. 4. Powers of the High court or court of session in granting bail.

Q.No.3 What is Charge? Explain the provisions under Cr.P.C. regarding Joinder of Charges. Introduction. It is one of the basic requirements of a „fair trial‟ that the person accused of an offence must be informed about the definite accusation against him before initiating criminal trial so that he may prepare for his defence. The accusations are formulated and recorded in writing clearly indicating the offence and the relevant sections of I.P.C. and any special or local enactment under which he is being tried.

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The „charge‟ is then read and explained to the accused.

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Every charge under this Code shall state the offence with which the accused is charged.

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If the law which creates the offence gives it any specific- name, the offence may be described in the charge by that name only.

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If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

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The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

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The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

 The charge shall be written in the language of the Court.

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If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Example:

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A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property- mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property- mark, without reference to the definitions of those crimes contained in the Indian Penal Code, but the sections under which the offence is punishable must, in each instance, be referred to in the charge.

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The charge shall contain such particulars as to the time and place of the alleged offence, and the person against whom, or the thing in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

Joinder of Charges Section 218 to 224 deal with joinder of charges and they must be read together. They all deal with the same subject-matter and set out different aspects of it. Section 218 lays down two fundamental rules regarding framing of charges. First, there should be a separate charge for each distinct offence, and second, there should be a separate trial for each such charge except in four cases mentioned in sections 219, 220, 221, and 223 of the code. Excepting the cases falling under any of these four sections, any joinder of charges in the same trial will be wholly illegal and it will vitiate the trial. 219. Three offences of same kind within year may be charged together. When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.  Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law: 220: Trial for more than one offence: This section provides another exception to the general rule regarding joinder of charges as laid down in section 218 of the code. The section applies to cases in which different offences are part of one transaction. If offences are committed in the cause of the same transaction they may be tried together, although they are more than three in number and exceeding over a span of more than a year. 1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. Example: (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code. 2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section

212 or in sub-section (1) of section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. 3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. Example: Where it is doubtful what offence has been committed:- A wrongfully strikes B with a cane. A may be separately charged with and convicted of, offences under sections 352 and 323 of the Indian Penal Code. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. Example: A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860). Section 221: Where it is doubtful what offence has been committed: 1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences , and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. Illustrations (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. (b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence. 222. When offence proved included in offence charged(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. Example: When the accused is charged of an offence of robbery under Section 392, IPC, the court can convict him for the offence of theft under section 379, IPC which is a minor offence. 223.What persons may be charged jointly.The following persons may be charged and tried together, namely:(a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction;

(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the firstnamed persons, or of abetment of or attempting to commit any such last-named offence; (f) persons accused of offence...