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BA-LLB 9th Sem

Criminal Procedure Code
BL-902

Introduction: -The Code of Criminal Procedure 1973, has been taken the place of the
Code of Criminal Procedure ,1898. It has been enacted by the Parliament in the
twenty – fourth year of the Republic of India to consolidate and amend the law
relating to Criminal Procedure, hence it is called as the Code of Criminal Procedure
,1973.
New Criminal Procedure Code – 484 Sections, Two Schedules, 37 Chapters
Old Criminal Procedure Code - 565 Sections, Five Schedules ,46 Chapters
Section 1: - Short title extent and commencement.
(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided
that the provisions of this Code, other than those relating to Chapters VIII, X and XI
thereof, shall not apply-
(a) to the State of Nagaland,
(b) to the tribal areas,
But the concerned State Government may, by notification, apply such provisions or
any of them to the whole or part of the State of Nagaland or such tribal areas, as the
case may be, with such supplemental, incidental or consequential modifications, as
may be specified in the notification.
Explanation: - In this section," tribal areas" means the territories which immediately
before the 21st day of January, 1972 , were included in the tribal areas of Assam, as
referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those
within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.
Section 2 Definition-there are some important definition Cr.P.C. which have some
technical meaning
2[a] bailable offence – means an offence which is shown as bailable in the first
schedule, or which is made bailable by any other law for the time being in force ,and
“non -bailable offence “means any other offence ,
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Bail :-
1-Bialable offence
2-Non- bailable offence
3-Anticepatory bail
Bail word means temporary release from imprisonment on furnishing surety or
security to appear for trial .in other word bail means release of a person from legal
custody.
Bailable offence is that offence in which bail is to be granted as a matter of right.
Non -bailable offence is that offence in which bail is not admitted as a right.
Moti Ram V. State of M.P AIR 1978 SC 1594 In this case justice V.R. Krishna Aiyyar
has observed that “Bail is a rule and jail is an exception.”
2[b] charge -include any head of charge when the charge contains more heads than one.
Charge means an information or allegation. which allegat by the magistrate of the
accused. It is the basic requirement of a fair trial in criminal case.
Esher Singh V. State of A.P. 2004 11 SCC585 in this case held that charge is the
precise formulation of the specific accusation made against a person who is entitled
to know its nature at the earliest state.
2 [c] cognizable offence -means an offence for which, and cognizable case means a
case in which, a police officer may, in accordance with the First Schedule or under
any other law for the time being in force, arrest without warrant.
In general word a cognizable offence and cognizable case, a police officer can arrest
without warrant.in other word cognizable offence, a police officer can arrest the
alleged culprit without warrant and can investigation into such a case without any
order or directions from a Magistrate.
2[d]Complaint -means any allegation made orally or in writing to a Magistrate, with a
view to his taking action under this code, that some person, whether known or
unknown, has committed an offence, but does not include a police report.
Explanation-A report made by a police officer in a case which discloses, after
investigation, the commission of a non – cognizable offence shall be deemed to be a
complaint, and the police office by whom such report is made shall be deemed to be
the complainant.
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A Complaint in a criminal case is one of the modes whereby a Magistrate can take
cognizance of an offence .thus any allegation made orally or in writing would
constitute a complaint ,if the following four conditions are satisfied,
i) It must be made to a Magistrate and not to a Judge .
ii) It must be made with a view that the Magistrate may take action on it .
iii) The Magistrate ,s action must be under this code .
iv) It must allege the commission of an offence
v) (Rajesh Bajaj V. State N.C.T. of Delhi (1999) 3 SCC 259.
2 [e] High court -means
i)In relation to any State ,the High Court for that State.
ii) in relation to a Union Territory to which the jurisdiction of the High Court for a
State has been extended by law ,that High Court.
iii) In relation to any other Union Territory ,the highest Court of criminal appeal for
that territory other than the Supreme Court of India .
2[f] India-means the territories to which this Code extends .
2 [g] Inquiry -means every inquiry ,other than a trial ,conducted under this code by a
magistrate or court.
Inquiry means every inquiry conducted under this code by a magistrate or court.
Inquiry are judicial proceeding
2[h] 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 authorized by a magistrate in this behalf.
Investigation mainly conducted by a police officer or by any person other than a
magistrate. .The main purpose of investigation are to collect the evidence ,it is the
first stage of a criminal case
There are some proceeding include for Investigation :-
1) to visit the crime place
2) to ensure the facts and circumstance of the case.
3) To search and arrest of the suspected offender,
4) To collect the evidence related that’s crime
5) To prepare the report and sand to the magistrate . This report are called charge
-sheet under section 173 of this code .
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2[i] Judicial proceeding-includes any proceeding in the course of which evidence

is or may be legally taken on oath ,
2[j] “local jurisdiction”, in relation to a Court or Magistrate, means the local area
within which the Court or Magistrate may exercise all or any of its or his powers
under this Code and such local area may comprise the whole of the State, or any
part of the State, as the State Government may, by notification, specify;
2[k] “metropolitan area” means the area declared, or deemed to be
declared, under section 8, to be a metropolitan area;
2[l] “non-cognizable offence’’ means an offence for which, and “non-
cognizable case” means a case in which, a police officer has no authority to
arrest without warrant;
2[m]“notification” means a notification published in the Official Gazette;
2[n] “offence” means any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a complaint may be made
under section 20 of the Cattle-trespass Act, 1871 (1 of 1871);
2[o]“officer in charge of a police station” includes, when the officer in charge of
the police station is absent from the station-house or unable from illness or other
cause to perform his duties, the police officer present at the station-house who is
next in rank to such officer and is above the rank of constable or, when, the State
Government so directs, any other police officer so present;
2[p] “place” includes a house, building, tent, vehicle and vessel;
2[q] “pleader” when used with reference to any proceeding in any Court, means a
person authorised by or under any law for the time being in force, to practise in
such Court, and includes any other appointed with the permission of the Court to
act in such proceeding;
2[r} “Police report” means a report forwarded by a police officer to a Magistrate
under sub -section (2) of section 173;
2[s] “police station” means any post or place declared generally or specially by the
State Government, to be a police station, and includes any local area specified by
the State Government in this behalf;
2[t] “prescribed” means prescribed by rules made under this Code;
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2[u] “Public Prosecutor” means any person appointed under section 24, and
includes any person acting under the directions of a Public Prosecutor;
2[v] “sub-division” means a sub-division of a district;
2[w] “summons-case” means a case relating to an offence, and not being a warrant-
case;
2[wa] victim :-means a person who has suffered any loss or injury caused by reason
of the act or omission for which the accused person has been charged and the
expression “victim” includes his or her guardian osr legal heir
2[x]“warrant-case” means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years;
2 (y) words and expressions used herein and not defined but defined in the Indian
Penal Code (45 of 1860) have the meanings respectively assigned to them in that
Code.
Difference between bailable and non-bailable -before the difference we write the
definition bailable and non-bailable offence
1-Bailable offence shown as bailable in first schedule while non-bailable offence is
also shown as non bailable in first schedule
2-bailable offence is less serious in comparision to non bailable offence. while non -
bailable offence is more serious in comparision to a bailable offence.
3- In bailable offence bail can claim as right while in non -bailable offence bail can
not claimed as a right.
4- In bailable offence bail is granted by the police officer or by the court while non
-bailable offence bail is granted by the discretion of the court.
5- in bailable offence the accused may be released after executing a bond without
sureties while in non – bailable offence accused cannot be released with sureties.
6-In bailable offence ,every person can seek the bail as of right while in non -bailable
offence ,a person under the age of sixteen years ,a woman or a sick or infirm may
be release on bail even if the offence charged punishable with death or life
imprisonment.
Difference between cognizable offence and non-cognizable offence-
1-Cognizable Offence are generally serious offence, while non-cognizable offence are
generally lighter offence
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2-In cognizable offence ,the police may arrest without warrant, while non- cognizable
offence police officer may not arrest without warrant
3-In cognizable offence police starts investigation suo -motu while in non- cognizable
offence ,the magistrate permission is essential .
4-In cognizable offence ,the offence is considered against an individual, while in non-
cognizable offence the offence is considered against the society as a whole.
Difference between complaint and FIR
Complaint according to sec 2(d) and FIR means First Information Report ,the
information given to a police officer and reduced to writing as required by if called
the FIR. First Information report is not mentioned in this code
1- Complaint is the magistrate acts, while the Information is the police acts.
2- In case of complaint the complainant is to be examined on oath ,while In the case
of information no complainant is to be examined on oath.
Difference between Inquiry and investigation
1-Inquiry is defined in sec 2(g) while Investigation is define in sec 2(h)
2-An inquiry is a judicial proceeding made by a magistrate or a court while An
investigation is made by a police officer or by some person au thorized by a
magistrate or a court .
3-The object of an inquiry is to find out the truth and real fact, while the object of
the investigation is to collect the Evidence for the prosecution of the case .
Difference between summons case and warrant -case
1-summons case define in sec 2(w) while warrant is define in sec 2(x).
2-In summons case an accused may be awarded two year maximum punishment,
while In warrant case an accused is punishable with death ,life imprisionment
,exceeding two years
3-In summons case ,no charge framed while in warrant case , a charge is to be framed
against the accused
4-In summons case ,after the issue of a summons the accused may plead guilty to the
charge without appearing before the magistrate while there is no such provision in
warrant case .
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5-In a summons – case the complainant may withdraw his complaint with the
permission of the magistrate while In a warrant case a complaint cannot be
withdrawn .
Question:-
Q 1-In which sec bailable and non bailable offence has been define .?
Q 2-In which sec cognizable and non-cognizable offence ?
Q 3-Define and distinguish between the following :-
a)-Bailable offence and non-bailable offence ?.
b)-cognizable and non-cognizable offence ?
c)-Inquiry and investigation ?
d)-Complaint and FIR ?
f)-summons case and warrant case ?
Q 4-what do you mean by a complaint ?Explain its essentials.
Reference:-
 Lal Ratan &Lal Dheeraj ,The code of Criminal Procedure .
 M.D Chaturvedy ,The code of Criminal Procedure ,1973.Fifth Edition ,2015
Kelkar R.V.,Criminal Procedure Code.
 Mishra S.N.,The Code of Criminal Procedure.
 Bare act

Compiled by
Smt. Sudeshna
Assistant Professor of Law
ILS, CCSU Campus Meerut
For further clarification you may reach us via
E-mail- sudeshcm@gmail.com
Mob- 7409496868
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BA-LLB 9th Semester

Criminal Procedure Code
BL-902
Constitution of Criminal Court and Power: -
Introduction: -
Supreme Court is the apex and appellate court, High Court is also appellate court.
Court means the principal civil court of original jurisdiction in a district, and includes the
High Court in exercise of its ordinary original civil jurisdiction. Having jurisdiction to
decide the questions forming the subject-matter. In this way this Code attempts to make
balance between Judiciary and Executive. All court having own powers and jurisdiction.
The meaning of District as used in section 7 and other section of the code is a district for
the purpose of criminal administration, which shall have a District Magistrate according to
section 20.the word District in this code does not necessarily mean revenue district. 1
Section 6 – Classification of criminal court.
Beside High court there are four courts in every state
1) Court of Session.
2) Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan
Magistrates.
3) Judicial Magistrate of the second class.
4) Executive Magistrates.
These courts are in addition to the High court which is the creation of constitution of
Indian and the other courts constituted under any law other than Cr.P.C like juvenile

Board created under juvenile justice (care and protection of children) Act 2000.
Criminal Court:- A)Session court
B)Magistrate court

1
Lal Batuk, The Code of Criminal Procedure,1973.Central Law Agency Allahabad, Second Edition 2010 P.18.
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A) Session Court: -

A) Session Court

Session judge Additional session judge Assistant session judge Sec

Sec 9(2) Sec 9(3) 9(5)
Session Judge and Additional Session Judge may pass any sentence authorized by law, but
sentence of death is subject to the confirmation by High court.
Kameshwarsingh.v.Dharamdeosingh2In this case the court held that this section makes the
provision for the appointment by the High Court of additional session judge and assistant
session judge but as the meter of law there shell be only one session judge in a session
division.
Abdul Mannan. v. State of west Bangal.3Additional sessions judge has all the powers and
the jurisdictions of the sessions judge to try the offences given in the code.
B) Magistrate court:-
B Magistrate Court

Court of Judicial Court of Executive

Magistrate Magistrate

Metropolitan Other
Area Sec 8 Area

Court of Judicial Magistrate (Sec 11): -

1) In every district the state government shall be established as many courts of
judicial Magistrate of the first class and second class and at such places, as the State
Government may, after consultation with the High Court, by notification specify.
Provided that the State Government may after consultation with the High Court,
establish for any local area, one or more special Courts of Judicial Magistrates of the
first class or of the second class to try any particular case or particular class of cases
,and where any such Special Court is established ,no other Court of Magistrate in the
local area shall have jurisdiction to try any case or class of cases for the trial of which
such Special Court of Judicial Magistrate has been established.4
2) The presiding officer of such courts shall be appointed by the High court.
2- AIR 1957 Pat 375:1957BLLR 527:1957CrLJ879 (FB).
3-AIR 1996 SC 905
4- Inserted by Cr.P.C (Amendment) Act ,1978,Sec.3.
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3)The High Court may, whenever it appears to it to be expedient or necessary, confer the
power of a Judicial Magistrate of the first class or of the second class on any member of
the judicial service of the State, functioning as a Judge in a Civil Court.5
Metropolitan area (sec 8): -

Metropolitan Area
Sec 8

Chief Metropolitan Additional chief Metropolitan Special Metropolitan

Magistrate Sec 17 Metropolitan Magistrate Magistrate Magistrate Sec 18
Sec 17(2)

The State Government may by notification, declare that, as from such date as may be
specified in the notification, any area in the State comprising a city or town whose
population exceeds one million shall be a metropolitan area for the purpose of this Code.
In the presidency towns of Bombay, Madras and Calcutta, the Magistrate work was in
the hands of a special category of Magistrate known as the Presidency Magistrate
Usually such persons appointed to these posts have had special qualifications or
experience and were paid higher emoluments.
Metropolitan area-Any area in the state comprising a city or town whose population more
than one million are called metropolitan area.
Courts of metropolitan Magistrates (sec 16): -
1) In every Metropolitan Area State government established as many Courts of
Metropolitan Magistrate, after consultation with the High Court, by notification,
specify
2) The presiding officers of such courts shall be appointed by the High Court.
3) The jurisdiction and power of every Metropolitan Magistrate shall extend
throughout the Metropolitan Area.6
Chief Metropolitan Magistrate C.M.M. (sec 17): -The High Court shall appoint a
Metropolitan Magistrate to be Chief Metropolitan Magistrate in Metropolitan Area
Power of CMM is Imprisonment up to 7 years and or fine authorized by law.
Additional chief Metropolitan Magistrate sec17(2):- The High Court may appoint any
Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such
Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under
this code.
5- Charturvedy Dr. M.D., The Code of Criminal Procedure, 1973, Allahabad Law Agency, 5th Edition 2015, P-30
6- Lal Batuk The Code of Procedure 1973, Central Law Agency, 2nd Edition 2010, P.26
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Special Metropolitan Magistrate sec 18:-This sec makes provision for the conferment upon
any person all or any of the powers conferred or conferrable by or under this code on a
Metropolitan Magistrate in respect to particular case or to particular classes of cases in any
Metropolitan area within local jurisdiction .Such Magistrate are called special
metropolitan Magistrate, and be appointed for the term not exceeding one year at a time,
as the High Court may by general or special order
Chief judicial Magistrate (sec 12)

Court of Judicial Magistrate

Other Area

Chief judicial Additional First Class Judicial Second Class Sub-divisional Special
Magistrate Chief Judicial Magistrate Judicial Judicial Magistrate Judicial
Magistrate Magistrate Magistrate

1) In every district the High Court shall appoint a Judicial Magistrate of the first class to be
the Chief Judicial Magistrate.
2) The Court may appoint any Judicial Magistrate of the first class to be an Additional Chief
Judicial Magistrate
3) The power of the chief Judicial Magistrate and Additional Chief Judicial Magistrate are 7
year imprisonment and or fine authorized by law 29(1).
First Class Judicial Magistrate: -the High Court may appoint one or more Judicial
Magistrate of the first class, and he may sentence of imprisonment for a term not
exceeding three years (3year) or fine not exceeding ten thousand rupees (10,000) or both7.
Second class Magistrate may pass a sentence of imprisonment for a term not exceeding one
year (1year), or of fine not exceeding five thousand rupees (5000 rupees) or of both. 8
Special Judicial Magistrate sec 13:- The High Court may appoint a special Judicial
Magistrate on the request of the Central or state Government. Such Magistrate shall be
appointed for such term, not exceeding one year at a time as the High Court may, by
general or special order direct.9
7- Substituted by the code of criminal procedure (Amend).Act.2005.S.5(W.e.f.23-06-2006).
8-Substituted by the code of criminal procedure (Amend).Act.2005.S.5(W.e.f.23-06-2006).
9- Ratan Lal & Dhiraj Lal, The Code of Criminal Procedure. Lexis Nexis, 21thEdition 2013, P.24
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Magistrate Court

Court of Executive
Magistrate

District Additional Sub-divisional Executive Executive Special Executive

Magistrate Sec 20 District Magistrate Magistrate Magistrate Sec 21
Magistrate

Court of Executive Magistrate:-In every district (metropolitan area ),The State Government
may appoint as may person as it thinks fit to be Executive Magistrate and shall appoint
one of them to be the District Magistrate .(sec 20)
Additional District Magistrate:- The state Government may appoint any Executive
Magistrate to be an Additional District Magistrate who shall such of the powers of a
District Magistrate as may be directed by the State Government
Sub-divisional Executive Magistrate:-The State Government may place an Executive
Magistrate in -charge of a sub -division and such Magistrate shall be called as Sub –
Divisional Magistrate.(Sec20(4).
The State Government may delegate its powers under sub-section (4)to the District
Magistrate this delegation of power is to enable the District Magistrate to place an
Executive Magistrate to be in-charge of a sub division
Special Executive Magistrates :-According to sec 21 the State Government may ap
point for such term as it may think fit, such Executive Magistrate ,known as Special
Executive Magistrate .He may appoint for particular area or for the performance of
particular function ,Power of special Executive Magistrate are conferrable under this code
on Executive Magistrate as it may deem fit .
Courts by which offences are triable sec. 26 - Subject to the other provisions of this Code,-
a) any offence under the Indian Penal Code (45 of 1860) may be tried by -
i) the High Court, or
ii) the court of Session, or
iii) any other Court by which such offence is shown in the First Schedule to be triable;
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10
[Provided that any11 [offence under Section 376,12 [Section 376A, Section 376AB,
Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB] or Section
376-E of the Indian Penal Code (45 of 1860)] shall be tried as far as practicable by a Court
presided over by a woman.]
b) any offence under any other law shall, when any Court is mentioned in this behalf in such
law, be tried by such Court and when no court is so mentioned, may be tried by-
Sentences which High Courts and Sessions Judges may pass Sec. 28-
(1) A High Court may pass any sentence authorised by law.
(2) 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.
(3) 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.
Exercise: -
Q1.What do you understand by a court of session? What are the sentences which a
Session Judge may pass?
Q2. What do you understand by the court of Executive Magistrate?
Q3. What are the various classes of Criminal Courts?
Q4. What are the sentence which High Court and Session judges may pass?
Q5. What is the sentence which a court of Chief Judicial Magistrate may pass?
Q6. What is the sentence which the Court of a Magistrate of First Class may pass?
Q7.What is the sentence which the Magistrate of a Magistrate of second Class may
pass?
Q8. What is the sentence which the Court of a Chief Metropolitan Magistrate may
pass?
Reference:-
 Lal Ratan & Lal Dheeraj, The code of Criminal Procedure.1973.
 Dr M.D Chaturvedy, The code of Criminal Procedure ,1973,Fiftth Edition ,2015
 S.N.Mishra, The Code of criminal Procedure.1973.
 Batuk Lal The Code of Criminal Procedure 1973.

10
Inserted by the Code of Criminal Procedure (Amendment) Act, 2008, S.4.
11
Substituted by the Crimnal Law (Amendment) Act, 2013 (w.e.f. 3-2-2013).
12
Substituted by the Criminal Law (Amendment) Act, 2018 (w.e.f. 21-4-2018).
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Compiled by
Smt. Sudeshna
Assistant Professor of Law
ILS, CCSU Campus Meerut

For further clarification you may reach us via

E-mail- sudeshcm@gmail.com
Mob- 7409496868
NOTE:-
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 BA-LLB 9th Sem
Criminal Procedure Code
BL-902
Jurisdiction of criminal court
Introduction:-
This chapter belongs to jurisdiction. This chapter is XIII, and section are 177 to
189.Sec 177and 189 deals with the jurisdiction of Criminal Courts in inquiries and
trial. this context of the general principles for determining which shall be the proper
court to inquire or try an offence. Jurisdiction means power or legal authority. the
word jurisdiction is derived from Latin terms Juris meaning “law” and dicer or dicto
meaning “to speak”.so jurisdiction means “I speak by law”. It can be defined as “the
authority, which a court has to decide matters that are litigated before it or to take
cognizance of matters presented in a formal way for its decision.
Meaning of Inquiry and Trial: -
Inquiry:- according to sec 2(g) Inquiry means every inquiry ,other than a trial
,conducted under this Code by a Magistrate or Court.
Types of Inquiry: -
1) Judicial Inquiry
2) Non-judicial Inquiry
3) Preliminary Inquiry
4) Local Inquiry
Trial :-when the Inquiry stage comes to an end .It is the most important and third
part of a judicial proceeding .It is the process by which the guilt of an allegation on
a person is ascertained .
Types of Trial: -
1) Session trial
2) Warrant trial
3) Summons trial
4) Summary trial
Jurisdiction of Criminal Court: -
Ordinary place of inquiry and trial Sec 177: - Every offence shall ordinarily be
inquired into and tried by court within whose local jurisdiction it was it was
committed.
Original jurisdiction means a power of court to hear and decide a case before any
appellate review. A trial court must necessarily have original jurisdiction over the
types of cases it hears.
Place of inquiry or trial sec 178: -
a) Uncertain Aera:-When it is uncertain in which of the several local areas an
offence is commit.
b) Doubtful Area: -where an offence is committed in one local area and partly in
another, it may be inquired into or tried by a court having jurisdiction over any of
such local areas.
c) Continue offence: -where an offence is continuing one, and continues to be
committed in more local areas than one, it may be inquired into or tried by a court
having jurisdiction over any such local areas.
d) Different local areas: -where it consists of serial acts done in different local areas
it may be inquired into or tried by a court having jurisdiction over any of such
local areas.
Satvinder Kaur v/s. State AIR(1999)8 SCC728 In this case held that where it is
uncertain in which of the several local areas the offence was committed or where
several act are done in different local ,it is said that offence can be enquired into or
tried by a court having jurisdiction over any of such local areas .
Offence triable where act is done or consequence ensues sec 179: -Where an offence
is incurable and triable by a court with in whose local jurisdiction the act is done or
consequence has ensued. for example.
A is wounded within the local jurisdiction of court X, and dies within the local
jurisdiction of court Y. the offence of culpable homicide of A may inquiry or tried
by Court X or Y.
Place of trial where act is an offence by reason of relation to other offence sec180:-
When an act is an offence by reason of its relation to any other act which is also
offence or which would be an offence if the doer were capable of committing an
offence ,the first mentioned offence may be inquired into or tried by a court within
whose local jurisdiction either act was done.
For example -theft, to keep the stolen property.
Place of trial in case of certain offence sec 181: -
1) Certain Offence: - Like Thug, dacoity or escaping form custody.
According to sec 181 (1) such type of offence may be inquired into or tried by a
court within whose local jurisdiction the offence was committed or accused
person was found.
2) Kidnapping or Abduction: - According sec 181 (2) these offences may be
inquired into or tried by a court within whose local jurisdiction.
3) Theft, Extortion, Robbery: - According to Sec 181(3) these offences may be
inquired into or tried by a court within whose local jurisdiction ,the offence was
committed or the stolen property was possessed, or received or retained.
4) Criminal Misappropriation, Criminal Breach of Trust:- According to Sec
181(4) these offence may be inquired into or tried by a court within whose local
jurisdiction ,the offence was committed or any part of the property was received
or retained or was required to be returned or accounted for ,by the accused person.
5) Possession of Stolen Property: -Sec 181(5) provides that any offence the
possession of stolen property may be inquired into or tried by a court with in
whose local jurisdiction the offence was committed or stolen property was
possessed by any person who received or retained it.
Offence committed by Letters (sec 182): -
1) any offence which includes cheating may, if the deception is practiced is practiced
by means of letters or telecommunication messages, be inquired into or tried by
court within whose local jurisdiction such letters or messages were sent or were
received.
2) Any offence of cheating and dishonestly inducing delivery of property may be
inquired into or tried by a court within whose local jurisdiction the property was
delivered by the person deceived or was received by the accused.
3) Any offence punishable under Sec494 or Sec 495 of Indian Penal Code may be
inquired into or tried by a court within whose local jurisdiction.
 the offence was committed or
  The offender last resided with her or his spouse by the first marriage or
 The wife by the first marriage has taken up permanent residence after the
commission of offence.
Offence committed on journey or voyage Sec 183:-When an offence is committed
during in journey or voyage ,when the person by, or against whom ,or the thing in
respect of which, the offence is committed .the offence may be inquired or trial by
the court whose has local jurisdiction
Place of trial for offence triable together Sec 184: -when any offence is committed
by any accused person, he may be charged with and tried at one trial for each such
offence in sec 219,sec 220,sec 221.such offence may be inquired or tried by any
competent court .
When the offence is committed by several person .they may be charged with and tried
together in sec 223,such offence may be inquired or tried by any competent court,
who has jurisdiction .
Power to order cases to be tried in different sessions divisions Sec 185: -the state
Government may direct that any cases committed for trial in any district may be tried
in any session division .this is the special power of its in this section .
Provided that such direction is not repugnant to any previously direction issued by
the High Court or Supreme Court .
High Court to decide, in cases of doubt, district where inquiry or trial shall take
place Sec 186: -where two or more Courts have taken cognizance of the same
offence and a question arises here to whom of them ought to inquire or try that
offence ,the question shall be decided –
a) If the Courts are subordinate to the same High Court, by that High Court.
b) If the Court are not subordinate to the same High Court ,by the High Court within
the local limits of whose appellate criminal jurisdiction the proceeding were first
commenced,
The main object of this section is to protect accused person ,who is harassed
unnecessary for the same offence by the different court .
Power to issue summons or warrant for offence committed beyond local
jurisdiction Sec 187:-when a magistrate of the first class sees reason to believe that
any person has committed such offence within his local jurisdiction ,which is not
 describe in sec 177 to 185 .but such offence under some law for the time being in
force triable in India. such magistrate may inquire that offence as if it had been
committed within local jurisdiction and send such person to the magistrate having
jurisdiction to inquire or tried such offence, or if such offence is not punishable with
death or life imprisonment and such person may be release on bail and take a bond
with or without sureties .
Note when there are one or more Magistrates, send to the High Court for decided the
jurisdiction. And the jurisdiction shall be decided by the High Court .
0ffence committed outside India Sec 188:-When an offence is committed outside
India –
a) By a citizen of India ,whether on high seas or elsewhere, or
b) By a person not being such citizen ,on, any ship aircraft registered in India,
He may be deal with in respect of such offence as if it had been committed at any
place within India at which he may be found.
Provided that no such offence shall be inquired or tried in India except with the
previous sanction of the Central Government
Receipt of evidence relating to offence committed outside India Sec 189:- When
any offence is committed under sec 188 ,the competent court take evidence, who
having the jurisdiction.
Exercise-
Q-1 Define jurisdiction?
Q-2 What is the place of inquiry or trial?
Q-3 Explain the original jurisdiction under sec 177?
Q-4Where will be the place of trial of offence committed on journey or voyage?
Q-5 Explain the provision of the place of trial in criminal cases under Cr.P.C ?
Reference:-
 Lal Ratan &Lal Dheeraj ,The code of Criminal Procedure .
 M.D Chaturvedy ,The code of Criminal Procedure ,1973.Fifth Edition ,2015
 Kelkar R.V.,Criminal Procedure Code.
 Mishra S.N.,The Code of Criminal Procedure.
 Bare act Code of Criminal Procedure ,1973
Compiled by
Smt. Sudeshna
Assistant Professor of Law
ILS, CCSU Campus Meerut
For further clarification you may reach us via
E-mail- sudeshcm@gmail.com
Mob- 7409496868
 BA-LLB 9th Sem
Criminal Procedure Code
BL-902
Security for Keeping the Peace and Good Behavior
Introduction
Chapter VIII related to Security for Keeping the Peace and for Good Behavior Under section
106 to 124. The main object of this chapter is “Prevention is better than cure”. Section 106
to 110 contain the substantive law related with prevention of crime and section 111 to 124
contain the procedural law. Section 106 to 110 mention that five type of person against
whom has been taken sureties and bounds.
Section 106 Section 107 Section 108 Section 109 Section 110
Convicted Other cases Seditious Suspected Habitual offenders
person matters person
Court of Executive Executive Executive Executive
session or magistrate magistrate magistrate magistrate
court of
magistrate
first class
Sec 153A, sec Breach of Sedition Suspected Habitual offence
153B, sec 154, peace, Public matters sec person (robbery, thief,
chapter VIII Tranquility 124A sec 153 (committing forger receiver of
A or sec 153 cognizable stolen property etc
B sec 295 A offence
Three year One year One year One year Three year
Security for keeping the peace on conviction sec 106(1) :-According to this section ,When a
person is convicted either by Court of Session or by a Court of first class Magistrate of
offence specified below ,or abetting any such offence and the court is of the opinion that it
is necessary to take security from such a person for keeping the peace ,at the time of passing
the sentence .it may order him to execute a bond with or without sureties for keeping the
peace for such period not exceeding three year .
On conviction of which of the offence security may be asked Section 106 (2): - The offences
are: -
a) Any offence punishable under chapter VIII of I.P.C.,1860 other than offence punishable
under sec 153-A, or sec 153-B or sec154 thereof.
b) Any offence which consists of, includes assault or using criminal force or committing
mischief.
c) Any offence of criminal intimidation
 d) Any other offence which caused or was intended or known to be likely to cause a breach
of the peace.
When the bond so execute shall become void Sec 106(3):- According to section this section
the bond execute under section(1) shall become void ,when the conviction is set aside on
appeal or otherwise.
Who may give order to execute bond: -Court of session or court of Magistrate of the first
class may order the person .Section 106(4) may also be made by an Appellate Court or by a
court when exercising its power of revision.
Madhulimaya vs S.D.M. Monghyr 1977 in this case the court held that any court or magistrate
makes an order of security for keeping the peace on conviction.
Security for keeping the peace in other cases sec 107(1):-when an Executive magistrate
receives information that any person is likely to commit a breach of the peace or disturb the
public tranquility or do any wrongful act that may probably occasion a breach of the peace
,etc and he is of the opinion that there is sufficient ground for proceeding ,he require such
person to show cause why he should not be ordered to execute a bond (with or without
sureties) for keeping the peace for a period up to one year.
Section 107(2): - The person informed against or the place where the breach of the peace is
apprehended should be with in the jurisdiction of the magistrate
The main object of this section is to stay the disturbance of peace and order with immediate
effect. The Executive Magistrate has been empowered to take action under this section. The
objectives of this section are preventive not punitive.
Security for good behaviour from person disseminating Seditious matters sec 108: -
1) the proceedings can be taken against a person who –
a) Intentionally disseminates (attempts or abets )-
I) Any matter the publication of which is punishable –
 under sec 124 A (sedition).IPC
 Under sec 153 A (promoting enmity between classes etc IPC
 Under sec 295A (Maliciously insulting the religious beliefs) IPC
II) Any matter concerning a judge which amounts to criminal intimidation, defamation.
b) Makes, produces, publishes, etc any obscene matter referred to in section 292 IPC
(Intention is immaterial).
2) No proceeding shall be taken against the editor, proprietor, printer or publisher except
by the order or under the authority of the State Government.
 The Magistrate may require such person to show cause why he shall not be ordered to
execute a bond with or without sureties for his good behavior for such period, not exceeding
one year.
Security for good behaviour from suspected person sec 109: -When a person takes
precautions to conceal his presence with a view to committing a cognizable offence within
the local limits of the jurisdiction of an Executive Magistrate. The Magistrate may require
such person to show cause why he should not be ordered a bond (with or without sureties)
for good behavior for a period not exceeding one year.
The words ‘concealing his presence ‘are very wide in this section, and sec 109 are
sufficiently wide to cover not only the concealment of bodily presence in a house or grove
etc but also the concealment of appearance y wearing a mask or covering the face or
disguising by wearing a uniform. etc.
Security for good behaviour from habitual offender (Section-110):- When Executive
Magistrate receives information that there is within his local jurisdiction person who-
I) Habitual robber, house -breaker, thief or forger.
II) Habitual receive of stolen property.
III) Habitual protector or harbors of thieves or habitual abettor in the concealment or
disposal of stolen property.
IV) Habitual kidnapper abductor, extortioner, cheat or a person habitually committing
mischief ,offences relating to coin stamps etc.
V) Habitual offender or abettor of a breach of the peace.
VI) Habitual offender committing or attempting to commit or abetting the commission of
offences under the acts like -
 Drugs and Cosmetics Act 1940
 FERA 1973,
 Employees Provident Fund Acts 1952 etc
 The Custom Act 1962
Such Magistrate may require him to how cause why he should be ordered to execute a bond
with sureties for his good behaviour for such period not exceeding three years.
Bhuneshwar Kher v. Emp AIR 1927 Pat-In this case the court held that the word `Habit`
and habitually has been defined. Habit means character.
Order to be made sec 111: -When a Magistrate acting under sec 107 sec 108 sec109 or sec
110 , It is necessary to require any person to show cause under such section ,he shall make
an order in writing ,setting forth the substance of the information received, the amount of
 the bond to be executed ,the term for which it is to be in force, and the number ,character
and class of sureties if any required.
Zahir Ahmad vs Ganga Prasad AIR 1974: - All Criminal cases the court held that sec 111
are mandatory and non -compliance with them can not be treated as irregularity.
Procedure in respect of person present in Court sec 112: -If such person is present in court
,the order shall be read over to him or if he desires ,the substance there of shall be explained
to him.
Summons or warrant in case of person is not present sec 113: -If such person is not present
in court, the Magistrate shall issue summons requiring or If such person is in custody, a
warrant directing the officer to bring him before the court.
Copy of order to accompany summons or warrant sec 114: -Every summons or warrant
issued in sec 113 shall be accompanied by a copy of order made under sec 111 and delivered
to the person.
Power to dispense with personal attendance sec115:- The Magistrate ,seeing the sufficient
cause may dispense with the personal attendance and may permit him to appear by a pleader
.
Inquiry as to truth of information sec 116:-After a notice Magistrate to make inquiry as to
truth of the information upon which action has been taken and to take such further evidence
as may appear necessary .This can be done by the Magistrate only when an order in section
111 has been read or explained in sec112 to a person present in court or when any person
appears or he brought before Magistrate in compliance with or execution of ,a summons or
warrant issued under sec 113.
Order to give security sec 117:-If such inquiry as completed under section 116 and it is proved
that it is necessary to get the person execute a bond with or without sureties, Magistrate shall
make order that the person concerned should give surety .
Discharge of person informed against sec 118:-If the result is in favour of the person .He
will be discharge from the custody .if he is in custody
Commencement of period for which security is required sec119:-According to this section
if any person in respect of whom an order requiring security is made under section 106 or
sec 117 is at the time of such order is made ,sentenced to or undergoing a sentence of
imprisonment ,the period for which such security is required shall commence on the
expiration of such sentence and in other cases such period commence on the date of such
order unless the Magistrate fixes a later date .
Contents of bond sec 120:- when the bond to be executed by any such person shall bind him
to keep the peace or to be good behaviour ,as the case may be and in the latter case the
 commission or attempt to commit or the abetment of any offence punishable with
imprisonment is a breach of bond.
Power to reject sureties sec 121:-In this section Magistrate to refuse any surety to accept
which is to reject ,which was previously accepted by or his predecessor on the ground that
the same is an unfit person for the purposes of the bond.
Imprisonment in default of security sec 122:-when a person fails to give security ,he shall be
committed to prison or if he is already in prison , he is to be detained in prison , until such
security period expires or until within such period he gives the security .
Power to release persons imprisoned for failing to give security sec 123:- The District
Magistrate, and the Chief Judicial Magistrate has to power persons for failing to give
security ,if he thinks that it can be done without hazard to the community. It is open to the
High Court or Court of session or the District Court Magistrate or Chief Judicial Magistrate
to reduce the amount of security .
Security for unexpired period of bond sec 124:-when a person who appearance a summons
or warrant has been issued under the proviso to sub section (3) of sec 121 or sub section
(10) of sec 123 appears .He brought before the Magistrate or court ,Magistrate or Court must
cancel the bond and order the person to give a fresh security for the unexpired of the term
of the bond.
Exercise –
Q-1 Discuss the security for keeping the peace on conviction under section 106?
Q-2 In which section habitual offender has been defined ?
Q-3 When can a Magistrate dispense with the personal attendance under section 107?
Q-4 What is the object of sec 110 taking security for good behaviour from habitual offenders?
Reference:-
 Lal Ratan &Lal Dheeraj ,The code of Criminal Procedure .
 M.D Chaturvedy ,The code of Criminal Procedure ,1973.Fifth Edition ,2015
 Kelkar R.V.,Criminal Procedure Code.
 Mishra S.N.,The Code of Criminal Procedure.
 Bare act Code of Criminal Procedure ,1973
Compiled by Smt.
Sudeshna
Assistant Professor of Law ILS,
CCSU Campus Meerut
For further clarification you may reach us via
E-mail- sudeshcm@gmail.com
Mob- 7409496868