THE CODE OF

CRIMINAL PROCEDURE,
1973
M E ALIYAR
[M.A., M.Sc., LL.M., P.G.D.M.,M.B.L.,(NLSIU) ]
PHONE # 9446468994
Faculty of Law, Kerala Police Academy (KEPA)
Justice in Greek Mythology.
THEMIS + ZEUS.

Themis Eunomia Tyche Dike.

[Peace] [Good Govt.] [Chance/
[Goddess
contingency]
justice]
ENEMIES OF JUSTICE.
(1) HYBRIS (Excess or Distortion). Act beyond power. If
any act is in excess of power, it is against justice.
(2) EVIS. (Strife or conflict). If there is any strife or conflict,
it is against justice.
(3) Dysnomia. Disorder is against the principles of justice.
(4) LETHE. (Concealment/not open). Justice is open, clear
and there is no scope for concealment.
(5) AMPHILOGIAI. (False or ambiguous work)
Justice has no connection with false or ambiguous words.
THE CODE OF CRIMINAL
PROCEDURE, 1973

⚫ NO UNIFORM LAW OF CRIMINAL PROCEDURE

FOR THE WHOLE INIDA.
⚫ There were separate Acts which were applicable in
erstwhile provinces and presidency towns.
⚫ The Criminal Procedure Law was first
consolidated in 1852 by the Supreme
Court Act.
⚫ It was replaced by the Criminal Procedure
Supreme Court Act, 1861.
⚫ It was replaced by the High Court Criminal
Procedure Act, 1872.
⚫ Uniform law of Criminal Procedure for whole
India was consolidated by the Code of Criminal
Procedure, 1882.
⚫ It was replaced by the Code of Criminal
Procedure, 1898.
⚫ This Act was many time amended.
⚫ The First Law Commission conducted detailed
examination of this Code in 1968.
⚫ It was finally accepted and amended in 1973.
THE CODE OF CRIMINAL PROCEDURE, 1973

⚫ THIS CODE HAS 37 CHAPTERS AND 484

SECTIONS.

⚫ IT COME INTO FORCE ON 01-04-1974.

BASIC CONSIDERATION FOR THE CODE.
1) Fair Trial
2) Avoidance of delay in investigation/Trial
3) Fair deal to the poorer sections.
NATURE OF PROCEDURE CODE.
⚫ Cr.P.C IS NOT WHOLLY PROCEDURE OR
ADJECTIVE LAW IN NATURE.
⚫ CERTAIN PROVISIONS IN THE CODE PERTAKE
THE NATURE OF SUBSTANTIVE LAW.
Example:-
▪ Prevention of offences.
▪ Maintenance proceedings.
▪ Right of appeal etc.
 APPLICATION OF THE CODE
(1) It is applicable to whole part of India except:-
(a) State of Jammu & Kashmir.
(b) Provisions of the code other than
Chapter-IX (Security for keeping peace etc)
Chapter-X (Maintenance of public order )
Chapter-XI (Preventive action of the Police)
do not apply to the State of Nagaland and tribal areas.
BAILABLE OFFENCES
[Sec. 2(a)]
⚫ A bailable offence is one which is shown in the First
Schedule of the Code, or which is made bailable by any
other law for the time being.
⚫ In the case of bailable offence, bail can be claimed as a
matter of right.
⚫ It is granted as matter of course by the Police or Court.
⚫ While granting bail to bailable offences, court cannot
impose any conditions.
CHARGE
[Sec. 2(b) ]
⚫ Charge includes ANY HEAD OF CHARGE WHEN
CHARGE CONTIANS MORE HEADS THAN ONE.

⚫ The Code does not define what a charge is.

⚫ In law, a charge may be defined as a precise formulation
of a specific accusation made against a person of an
offence alleged to have committed by him.
⚫ A charge is formulated against an accused after an inquiry.
⚫ It must be specific and precise.
⚫ In summary/summons case trial, framing of charge is not
necessary.
⚫ In warrant case trial, framing of charge is mandatory.
COGNIZABLE OFFENCE
[Sec. 2 (C)
⚫ A 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 of
the Code, or under any other law, arrest without a
warrant.
⚫ Sometime a single case may include several offences.
If one or more of the offences is cognizable and the
rest are non-cognizable one, it would be a
COGNIZABLE CASE.
NON-COGNIZABLE OFFENCE
[ Sec. 2(I) ]
⚫ ‘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.
INQUIRY
[Sec. 2(g)]
INQUIRY means every inquiry, other than a trial, conducted by a
Magistrate under this Code.
All those proceedings before a Magistrate prior to the framing of
charge which do not result in conviction can be termed as
‘INQUIRY’
Examples:-
(1) Inquiry preparatory to commitment of a case to the Sessions
Court u/s. 209 Cr.P.C.
(2) On receiving a report from the Police in a non-cognizable case,
the Magistrate may proceed to hold a preliminary inquiry.
[Sec. 159 Cr.P.C.]
(3) Magistrate holding an inquiry as to the cause of death in cases
where a person has been died in police custody.
(4) Inquiry conducted by the Magistrate himself, in cases when a
complaint is made to him. [Sec. 202 Cr.P.C.]
INVESTIGATION
[Sec. 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.
⚫ An ‘Investigation’ means search for material and facts in
order to find out whether or not an offence has been
committed.
Examples of Investigation.
1) Arrest and detention of a person for the purpose of
investigation of a crime.
2) Examining witnesses by the Investigating Officer.
3) Arranging raids.
[Case Law:
Asst. Collector of C.E.C vs. V. Krinshnamurthy. [1983
Crl.L.J-1880]
DISTINCTION BETWEEN INQUIRY AND TRIAL
INQUIRY TRIAL
All those proceedings before a Trial is a proceedings which
Magistrate prior to the framing of
charge is termed as inquiry. involves examination and
Inquiry does not ends in determination of a case by a
conviction. judicial tribunal and which
An ‘Inquiry’ necessarily means an ends in conviction.
inquiry into an offence., because
inquiry may some time relates to A trial is always of an offence.
matters which are not offences. Trial is the examination and
‘Inquiry’ includes every inquiry
other than trial conducted under determination of a cause by a
this Code by a Magistrate or Court. judicial tribunal which has
Inquiry is the second stage in a jurisdiction over it.
criminal case.
Trial is the third stage in a
criminal case.
DIFFERENCE BETWEEN
INVESTIGATION AND TRIAL
INVESTIGATION INQUIRY
❑ An Investigation is made by a ❑ Inquiry is made by a
Police Officer or by some person Magistrate or Court.
authorized by a Magistrate. ❑ The object of Inquiry is to
❑ The object of investigation is to determine the truth or falsity
collect evidence for the of certain facts with a view to
prosecution of the case.
taking further action thereon.
❑ Investigation is an attempt to
uncover the unknown facts.
❑ Inquiry begins with
interrogation, rather than by
❑ Investigation is not a judicial
proceedings.
inspection
❑ AN inquiry may be judicial or
non-judicial.
COMPLAINT
[Sec. 2(d) ]
⚫ Complaint means “any allegation made orally or in
writing to a Magistrate, with a view to his taking
action under the Code., that some person, whether
known or unknown, has committed an offence, but
does not include a Police Report”.
⚫ The word complaint has a vey wide meaning.
⚫ No particular form is prescribed for a complaint.
⚫ A complaint must allege commission of an offence.
⚫ A complaint must contain a statement of facts which
are relied on as constituting the offence.
⚫ A complaint need not be made always by the
aggrieved persons, it may be made by any persons
aware of the offence.
POWER OF COURTS
COURTS BY WHICH OFFENCES ARE TRIABLE.
Offences are divided into two categories:-
(a) Offences under IPC (Sec. 26(a) of Cr.P.C.)
(b) Offences under any other law. (Sec.26(b)]
The offences under the IPC are triable by the court shown in
the First Schedule of the Code.

The Offences under any other law

shall be triable by any court as is
mentioned in this behalf in such law
and no such court is mentioned, it
can be traible by the court shown in
the First Schedule of the Code.
Amendment to Sec.26(a) of the
Code.
By the 2008 amendment, a proviso has been inserted to
Sec.26(a) of the Code, namely:-

“Provided that any offences under Sec. 376, 376A

to 376D of IPC shall be tried as far as
practicable by a Court presided over by a
Woman Judge”
OFFENCES COMMITTED BY A
JUVENILE OFFENDER

Sec. 27 of the Code, lays down that

any offence except those punishable
with death or life imprisonment,
committed by Juvenile Offender
may be tried by the Court of Chief
Judicial Magistrate or by any court
specially empowered under the
Children Act, 1960 or any other law
for the time being in force relating
juvenile offenders.
 DIFFERENCE BETWEEN
COGNIZABLE & NON-COGNIZABLE OFFENCES.
Cognizable Offences Non-Cognizable Offences.
⚫ All serious offences are considered as ⚫ Non-Cognizable offences are trivial and less
cognizable. serious.

⚫ Offences punishable with less than 3 years

⚫ Offences under the laws other than the or with fine have been shown as
Indian Penal Code which punishable Non-Cognizable offences.
with imprisonment for 3 years or more
have been shown in the First Schedule ⚫ A Police Officer has no authority to arrest
of the Code as Cognizable. without warrant.

⚫ A police officer is under a legal duty to ⚫ A Police Officer has no power or authority
investigate without any orders form a to investigate into a such offences without
Magistrate. a order from a Magistrate.

⚫ Cognizable Offences considered as ⚫ Non-Cognizable offences are considered as

Public Wrongs. So the prosecution of Private Wrongs.. So, it is the private party to
initiate prosecution against them.
the offender is left with the State.
 DIFFERENCE BETWEEN
FIR & COMPLAINT.
COMPLAINT FIR
1. In complaint, the allegation 1. FIR is given to an
is made orally or in writing Officer-in-charge of a
to a Magistrate. Police Station.
2. A complaint may relate to a 2. FIR must relate to a
Cognizable Offence or cognizable offence on the
Non-Cognizable offence.
face of it.
3. A Magistrate may takes
cognizance of an offence on 3. A Magistrate cannot take
a complaint made to him. cognizance of an offence
4. A complaint generally does on first information.
not include the report of a 4. FIR may be given by a
Police Officer. Police Officer.
JUDICIAL PROCEEDING
[Sec. 2(i)]
‘Judicial Proceeding’ includes any proceeding in the
course of which evidence is or may be legally
taken on oath.
The term includes inquiry and trial, but not
investigation. An inquiry is judicial, if its object is to
determine the jural relation between one person and
another or a group of persons.
CLASSIFICATIONS OF OFFENCES
⚫ 1. Bailable & Non-bailable Offences
⚫ 2. Cognizable & Non-Cognizable Offences.
⚫ 3. Compoundable & Non-compoundable
Offences.
⚫ 4. Summons Case & Warrant Cases
FUNCTIONARIES UNDER THE CODE
1) POLICE
2) PROSECUTORS
3) DEFENCE COUNSELS
4) COURTS
5) JAIL AUTHORITIES & CORRECTIONAL
SERVICE PERSONNEL.
 POLICE
⚫ Police force is an instrument for the prevention and
detection of Crime.
⚫ Police force is established and enrolled by every State Govt. under the
India Police Act, 1861 or under a State Police Act.
[Eg. Kerala Police Act, 2011.]
⚫ According to Sec. 2(s) of the Code, Police Station means a post or
placed declared by the government under notification in the official
gazette.
⚫ Sec. 2(O) of the Code defines “Officer in charge of a Police
Station”. It 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 any other police officer so present shall be the
in charge of the station.
 DUTIES OF POLICE.
To make arrest of the offenders.
[Sec. 41--60]
To conduct search of place or persons
[Sec. 47, 95, 97, 165]
To seize certain property involved in
Crime. [Sec. 102]
To prevent crimes. [Sec. 149-151]
To Prevention injury to Public
Property [Sec. 152]
Inspection of weights & measures.
[153]
VICTIM
[Sec. 2(wa)]
Sec. 2(wa) has been inserted by the 2008 Amendment.
[Code of Criminal Procedure (Amendment) Act, 2008.

“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 or legal heir.

Thus, it introduces a definition of “Victim” to confer rights on

the guardian and legal heirs of the victim.
 OFFENCE
[Sec. 2(n)]
Offence means any act or omission made
punishable by any law for the time being in
force and includes any in respect of which
a complaint may be made under section 20
of the Cattle Trespass Act, 1871.
There is a special definition of ‘offence’ u/s. 39 of
this Code.
Maintenance Proceedings under Chapter IX of
this Code do not relate to any offence as defined in
this Section.
Duty of Public to give information.
[Sec. 39]
Sec. 39 casts a duty on every person who is aware of the
commission of or of the intention of any other person
to commit the offences punishable under IPC to
forthwith give such information to the nearest
Magistrate or Police Officer.

Here the term ‘offence’ includes any act committed at any place out of
INDIA which would constitute an offence if committed in India..
Case Law:
John T.S. vs. State of Kerala (1984 Crl.LJ 753 753 (Ker)]. It
has been held that a person’s duty to inform arises only on
his being aware of the commission of an offence.
SUMMONS CASE
[Sec. 2(w)]
‘Summon Case’ means a case relating to an offence, and
not being a warrant case.

A case assumes the character of a ‘summons case’ or a

‘warrant case’ according to the nature and measure of
punishment which the law attaches to the offence..
In Summons Case, a summons SHALL BE issued.
WARRANT CASE
[ Sec. 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.
The offences triable under warrant case are always
serious in nature.
In trial elaborate procedures are prescribed for Warrant
Case.
 DISTINCTION BETWEEN
SUMMONS CASE AND WARRANT CASE
WARRANT CASE SUMMONS CASE
The offence is punishable with death All offences which are not so
sentence, life imprisonment or punishable as warrant case are
imprisonment exceeding for two Summons Case.
years.
Trial procedures are elaborate Trial procedure is not so elaborate.
Formal Charge is to be framed No Charge need to be framed.
against the accused. There are no provisions authorizing
After the charge is framed, if the the Magistrate to permit the cross
accused pleads guilty, the Magistrate examination of any prosecution
may convict him. witness to be deferred.
The Magistrate may permit the Cross Accused may be acquitted, if the
Examination of any prosecution complainant does not appear or on
witnesses to be deferred. death of the complainant.
A Magistrate can DISCHARGE the Complaint can be withdrawn only
accused, if the complainant does not with permission of the Magistrate.
appear. No special procedure is found in
There is special procedure, if the
Adopting a procedure of summons
case instead of warrant case.
A summons case can be tried as a warrant case in the interest of
justice.
Similarly a case being tried as warrant case may be proceeded
under Summons trial procedure in the midst of the case, if the
justice demands.
Where a warrant case is tried as summons case and accused is
acquitted, the order of acquittal will operate as discharge u/s.
245.
Where a Summons case is tried as a Warrant Case and accused is
discharge u/s. 245 of the Code, it will operate as order of
acquittal.
If the charges reveal both a warrant case and a summons case, a
warrant case is to be preferred.
 CLASSES OF CRIMINAL
COURTS
[ Sec. 6]
Section-6 lays down that besides High Courts and the
courts constituted under any special law, other than
this Code, there shall be, in every State, the following
classes of criminal courts, namely:
(1) Courts of Session
(2) Judicial Magistrate of the First Class or
Metropolitan Magistrate.
(3) Judicial Magistrate of the Second Class, and
(4) Executive Magistrates.
 Courts constituted under
any other law

Under Sec. 6, the Courts constituted under any other

law includes courts like the Juvenile Courts, Grama
Nyayalays, Special Courts etc.
 Public Prosecutors.
[Sections 24-25]
⚫ A ‘Public Prosecutor’ is the counsel for the State in
criminal trials.
⚫ He stands for the State in whose name all prosecutions
are conducted.
⚫ A Public Prosecutor should not appear on behalf of the
accused.
⚫ His duty is to represent not the Police, but the State.
⚫ He can give advice to the Police or other Government
Departments with regard to the prosecution of any
person.
Appointment of Prosecutors.
Sec. 24 provides that for every High Court, the
Central/State government shall appoint Public
Prosecutors, after consulting with the High Court.
For every District, a P.P./Addl. P.P is to be apponted by
the State Government on the basis of the
recommendation of the District Magistrate, who must
make his recommendation in consultation with the
Sessions Judge.
The DM shall prepare a ‘Panel of names of persons and
no person can be appointed to this post unless his
name appears on the panel.
Appointment of APP
[Sec. 25]
The State Government is obliged to appoint one or more
Assistant Public Prosecutors (APP) for conducting prosecution
in every district before Courts of Magistrates. [Sec.25]

No Police Officer is eligible for being appointed to the post

APP.

If no APP is available for any particular case, the DM can

appoint any other person to be the APP for that particular case.
 POWERS OF
PROSECUTORS
⚫ The PP/APP is in charge of a case may appear
and plead without any written authority from
any court in which that case is under inquiry
or Trial or appeal. [Sec. 301 of Cr.P.C.]
⚫ Permission to conduct prosecution.
[Sec. 302]
⚫ Power to summon material witness or
examine persons present. [Sec. 311]
⚫ Power to proceed against other person
appearing to be guilty of offence. [Sec. 319].
⚫ Power to withdraw from the prosecution .
[Sec. 321]
SENTENCES WHICH THE
COURT MAY PASS [Sec.
28]
NAME OF COURT SENTENCE FINE
HIGH COURT ANY SENTENCE ANY AMOUNT [Sec.28(1)]
ANY SENTENCE
Sessions Judge/ASJ EXCEPT DEATH. ANY AMOUNT[Sec. 28(2)]
SENTENCE OF DEATH
IS SUBJECT TO
CONFIRMATION BY
HC
Assistant Sessions IMPRISONMENT UPTO ANY AMOUNT [Sec.
Judge. TEN YEARS 28(3)]
Chief Judicial IMPRISONMNET ANY AMOUNT. [Sec.
Magistrate/ UPTO SEVEN YEARS. 29(1)]
Chief Metropolitan
-Magistrate.
 JURISDICTION OF
EXECUTIVE MAGISTRATES
⚫ Executive Magistrates are distinct from Judicial Magistrate.
⚫ The object of this separation is to ensure the independent
functioning of the judiciary free from the executive influence
and control.
⚫ Judicial Magistrate are under the control of High Court and
Executive Magistrates are under the control of State Govt.
⚫ The State Govt. may appoint Executive Magistrates and shall
appoint one of them to be the District Magistrate.
⚫ The State Govt. may delegate its powers to the District
Magistrates and SDMs.
⚫ The State Govt. also appoint Special Executive Magistrates.
⚫ The jurisdiction and powers of the Executive Magistrates
extends to the whole district or areas assigned.
⚫ All Executive Magistrates other ADM shall be subordinate to DM.
 POWERS & FUNCTIONS OF
EXECUTIVE MAGISTRATES
✔ Security for keeping the peace. [Sec. 106]
✔ Security for Good Behavior. [Sec. 107]
✔ Power to initiate action u/s. 107-110.
✔ Inquiry as to the truth of information.
✔ Order to give security.
✔ Power to reject sureties.
✔ Power to imprisonment in default of security.
✔ Power to disposal of unlawful assemblies.
✔ Power to removal of Public Nuisance.
✔ Power to take preventive measures in respect of land or water
disputes.
✔ Power to attachment of property in dispute.
✔ Power to appointment of Receiver for attached property.
 TYPES OF PROCEEDINGS
UNDER THE CODE.
PROCEEDINGS BY WHOM OBJECT & NATURE OATH
By Police or any Collection of Oath need not be
other authorized Evidence for the administrated to
Investigation person other than purpose of any the persons
a Magistrate. inquiry or trial examined or
interrogated.
Judicial
determination of
any question other Oath can be
INQUIRY By Magistrate or than one relating administered to
Court to the guilt or the persons to be
innocence of any examined.
person in respect
of any offence
alleged against him
under the Code

Judicial
SENTENCING POLICY
⚫ THE COURT HAS TO AWARD PROPER SENTENCE
HAVING REGARD TO THE NATURE OF OFFENCE
AND THE MANNER OF ITS COMMISSION.
⚫ UNDUE SYMPATHY TO IMPOSE INADEQUATE
SENTENCE WOULD DO MORE HARM TO THE
JUSTICE SYSTEM AND UNDERMINE THE PUBLIC
CONFIDENCE IN THE EFFICACY OF LAW.
⚫ [Case Law: State of M.P., vs. Ghanshyam Singh
(2003) Crl.LJ-4339 (SC)]
 Sentence of Imprisonment
in Default of Fine. [Sec. 30]
⚫ Where a fine is imposed on the accused, and it is not paid,
he can be given a FURTHER term of imprisonment in
addition to the one already awarded.
⚫ Sec. 30 defines the limit of a Magistrate’s power to award
default sentence.
(a) Imprisonment cannot be in excess of the .
Magistrate’s power u/s. 29 of the Code and
(b) Imprisonment cannot exceed one-fourth of the
term which the Magistrate is competent to inflict
as punishment for the offence.
CONSECUTIVE AND CONCURRENT SENTENCE
⚫ The General Rule is that when two or more sentences
passed against the accused are to run concurrently or
consecutively., and it is for the court to decide that the
sentences are to consecutively. [Sec. 31 of the Code]

⚫ Sec. 31 lay down that if a Court awards consecutive

sentence, the aggregate punishment should not be in
excess of the punishment which the court is competent to
inflict for a single offence.
 LIMITATIONS TO
CONSECUTIVE SENENCE.
(a) A person cannot be sentenced to imprisonment
for more than 14 years.

(b) The aggregate punishment cannot, in any case,

exceed twice the amount of punishment which the
Court is competent to inflict for a single offence.
Question of awarding of minimum
Punishment.
⚫ Whether a Court can award a punishment less
than the minimum so prescribed?

If an statute provides for minimum punishment

which must be imposed for an offence, in the
absence of any saving clause, it is not open to the
Court to award a punishment less than the
minimum so prescribed.
[State of T.N. vs. Rangaswami, 1981 Crl.LJ 694 (Mad)]
 ARREST OF PERSONS
⚫ The Code has not defined the term ‘Arrest’.
⚫ Arrest means “ the apprehension or restraint or the
deprivation of one’s personal liberty.
⚫ An ‘Arrest’ consists in the taking into custody of
another person under authority empowered by
law, for the purpose of holding or detaining him to
answer a criminal charge or of preventing the
commission of a criminal offence.
⚫ Every deprivation of liberty or physical restraint is not
arrest.
⚫ Only the deprivation of liberty by legal authority
amounts to arrest.
 Definition of Arrest.

⚫ UN defines arrest as “the act of

apprehending a person for the alleged
commission of an offence or by the action of
an authority”.

⚫ Arrest means “apprehension of a person by

legal authority resulting in deprivation on
his liberty”.
 Effect of illegal arrest.
⚫ An “illegal arrest” does not affect the trial of the case.
[Madho Dhobi Case (1903) 31 Cal 1557]
 In what circumstances may a Police Officer
arrest a person without a Warrant?
Sec. 41(1) of the Code lays down the circumstances:
(a) A person who has concerned in any Cognizable Offence or against
whom a reasonable complaint has been made, or credible
information has been received or a reasonable suspicion exists.
(b) Who is found in possession of house breaking tools
(c) Who has been a proclaimed offender
(d) Who is found in possession of stolen property
(e) Who obstruct a police officer in the discharge of his official duties or
escaped from custody.
(f) Deserter from any of the Armed Forces of the Union.
(g) Offences committed out side India.
(h) Who is a released convict committing a breach of any rule.
(i) Whose any requisition is received from another Police Officer.
 What must be the care and satisfaction
exercised by a Police Officer before arrest
of a person .
⚫ As per 2010 amendment of Sec. 41 Clause (a) and (b)
(i) The police officer has reason to believe that the accused has
committed the offence.
(ii) The Police Officer is satisfied that such arrest is necessary due to :
(a) Prevent from committing any further offence.
(b) For proper investigation of the offence.
(c) To prevent tampering of evidence.
(d) To prevent such person from making any inducement,
threat or promise to any person acquainted with the facts
of the case.
(e) To ensure presence in the Court when required. (To
prevent from flown from the clutches of law.]
 What are the New Arrest Provisions
inserted by 2010 Amendments
1) Notice of appearance before Police Officer. [Sec. 41A]
2) Procedure of Arrest and Duties of Officer making
arrest [Sec. 41B]
3) Control at District. [Sec. 41C]
4) Right of arrested person to meet an advocate of his
choice during interrogation. [Sec. 41D]
 NOTICE OF APPEARANCE BEOFR POLICE
[Sec. 41-A]
(1) The Police Officer shall, in all cases, issue a NOTICE
where arrest of a person is required or not required.
(2) Where such notice is issued to any person, it shall be
the duty of that person to comply with the terms of
the notice.
(3) Where such person complies and continues to
comply with the notice, he shall not be arrested
unless for reasons, he ought to be arrested.
(4) Where such person fails to comply with terms of
notice, it shall lawful for the Police Officer to arrest
him for the offence mentioned in the Notice.
 Procedure of Arrest & Duties of Officer
making Arrest. [Sec. 41-B]
Every Police Officer while making an arrest shall:-
(a) Bear accurate, visible and clear identification
of his name.
(b) Prepare Arrest Memorandum
(c) Inform the person that he has a right to have a
relative or friend named by him to be
informed of his arrest.
 Establishment of
Police Control Room at District.
[Sec. 41-C]
⚫ The State Govt. shall establish a Police Control Room
in every district and at State level.
⚫ Display on Notice Board kept outside the Control
Rooms, the names and addresses of the persons
arrested and the name and designations of the Police
Officer who made the arrests.
⚫ The Control Room at the Police Head Quarters shall
collect from time to time, details about the persons
arrested, nature of the offences and maintain a Data
Base for the information of the Public.
 Right of Arrested person to meet an
Advocate of his choice. [Sec. 41-D]

⚫ When any person is arrested and

interrogated by the Police, he shall be
entitled to meet an Advocate of his choice
during interrogation.

This provision has been introduced to prevent

unnecessary and unjustified arrest as well as to prevent
abuse of the arrest law.
 Arrest on Refusal to give Name
and Address [Sec. 42]
⚫ A Police Officer may arrest a person who
committed a non-cognizable offence in his
presence and who refuses to give his and
address or give a name and residence
which such officer has reason to believe
to be false. [Sec. 42(1)]
⚫ Once his real name and residence is
ascertained, then Police Officer shall
release the arrested person on his
executing a bond with or without sureties.
[Sec. 42(2&3)]
 Arrest by Private Person
[Sec. 43]
⚫ A Private person can arrest Any Person, who
has in his presence, committed a Non-bailable
and Cognizable Offence or Any Proclaimed
Offender.

⚫ The arrested person shall be made over to a

Police officer or nearest police station
without delay.

⚫ If such person is liable to be arrested u/s. 41,

he shall be re-arrested by the Police Officer.
[Sec. 43 (3)]
 Arrest by Magistrate.
[Sec. 44]
⚫ ANY MAGISTRATE WHETHER EXECUTIVE OR
JUDICIAL MAY ARREST A PERSON WIHOUT A
WARRANT.
⚫ Conditions to be satisfied:
⚫ (1) Any offence is committed in his presence.
⚫ (2) The offence committed must be within his local
jurisdiction.
⚫ (3) He must be competent to issue a warrant.
⚫ Note: A magistrate arresting a person should not
try the case by himself.
 ARREST HOW MADE [Sec.46]
Sec. 46 describes the mode in which arrests are to be made.
In making an arrest, the Police Officer/other person making the same touches or
confines the body of the person to be arrested. [Sec. 46(1)]

Unless the Police Officer is not female, the Police Officer shall not touch the person of
the woman for making her arrest. [Proviso to Sec. 46(1)]

The person making an arrest may use ‘all means’ necessary to make the arrest, if the
resists or evade the arrest by the person to be arrested. [Sec. 46(2)]

The power to use necessary force for making an arrest shall not extend to causing the
death of the person who is not accused of an offence punishable with death or
imprisonment for life. [Sec. 46(3)]

No woman shall be arrested after sunset and before sunrise. [Sec. 46(4)]
 AFTER ARREST PROCEDURES
(a) Search of Arrested Persons. [Sec. 51]
(b) Seizure of Offensive Weapons [Sec. 52]
(c) Medical Examination of Accused. [Sec. 53]
(d) Identification of Person Arrested. [Sec. 54A]
(e) Reports of Arrests to be sent to DM [Sec. 58]
(f) Discharge of Person Apprehended. [Sec. 59]

Medical Examination shall include the examination of blood,

blood stains, semen, swabs in cases of sexual offences, sputum
and sweat, hair samples and finger nail clippings, Ex-Ray, ECG,
DNA etc.

Medical Examination is not violative of Art. 20(3) of Constitution.

 Rights of Arrested Person.
(a) Information to the Arrestee. [Sec. 50]
(b) Production before a Magistrate [Sec.56 & 57]
(c) Consultation with Lawyer/Legal Aid [Sec.303]
(d) Examination by Medical Practitioner [Sec. 54]
(e) Special Protection to Females [Sec. 53(2)]
(f) Safeguard against custodial torture.
(g) Compensation for Unlawful Arrest.
PROCESS TO COMPEL APPEARANCE
What are the processes to compel appearance of
the accused or witnesses before a court?.

Summons [Sec. 61-69]

Warrants [Sec. 70-81]
Proclamation as absconder. [Sec. 82]
Attachment and sale of property [Sec. 83]
Taking of bond with or without sureties. [Sec. 88]
 SUMMONS
[Sec. 61-69]
Summons is a milder form of process issued :-
a) for enforcing the appearance of the accused or witness.
b) for production of a document or thing.

Sec. 61 provides that “every summons issued by a court must be in

writing in duplicate, and signed by the presiding officer of the
court o by the CMO. It must bear the seal of the court”.
A summons must clearly show:-
(1) the name and address of the person summoned,
(2) the place, date and time at which the person summoned is to
attend.
(3) Place, time and nature of the offence committed.
Mode of Service of Summons
Every summons shall be served by a Police Officer or by an
officer of the Court issuing it or other Public Servant [Sec.
62(1)]
(1) Personal service of Summons [Sec.62]
(2) Services of Summons on Corporate bodies/societies
(3) Service when person summoned cannot be found.
(4) Substituted Service [Sec. 65]
(5) Service on Govt. Servant. [Sec. 66]
(6) Service of Summons outside the local limits [Sec.67]
(7) Service of summon on witness by post. [Sec.69]
 WARRANT OF ARREST
[Sec.70]
A ‘warrant of arrest’ is a written order issued and
signed by a Magistrate and addressed to a Police
Officer or some other person specially named, and
commanding him to arrest the body of the
accused person name in it.

Ordinarily a warrant is issued only in serious cases

and after a duly served summons is disobeyed or
willfully avoided.
Every warrant shall remain in force until it is
cancelled by the court which issued it.
Requisite of a Valid Warrant.
The warrant must be in writing.
It must be signed by the Presiding Officer of the court
issuing it.
It must bear the court’s seal.
It must give full name and description of the person to
be arrested.
It must clearly specify the offence
It must bear the name and designation of the person
who is to execute the warrant.
 DISTINCTION BETWEEN
SUMMONS AND WARRANT
SUMMONS WARRANT
1) A ‘summons’ is an order to a 1) Warrant is an order to a
person to appear before a Police Officer or other
court.
persons to arrest a person.
2) A summons is issued in less
serious cases. 2) Warrant normally issued in
3) Intentional disobeys to more serious cases.
summons amounts to an 3) Magistrate may issue
offence u/s. 174 IPC. warrant in the first instance
4) Magistrate shall issue of a warrant case.
Summons in summons cases.
5) The provisions related to 4) Provisions relating to
Substituted Service is substituted service is not
available to summons. available to Warrant.
 WARRANT TO WHOM DIRECTED.
(a) A warrant of arrest is normally to be directed to one
or more police officers.
(b) If no police officer is immediately available and
there is necessity for immediate arrest, a warrant of
arrest can be directed to any other person or persons
(Sec.72)
(c) Warrant of arrest could not be issued for the
purpose of production of the accused before the
police in aid of investigation.
(d) A Police Officer to whom the warrant is directed can
endorse to any other police officer and who is then
competent to execute a warrant of arrest . [Sec. 74]
 MODE OF EXECUTION OF ARREST
WARRANT.
1) Police officer to whom the warrant is directed can arrest the
person.
2) Police officer to whom the warrant is directed can endorse the
warrant to some other police officer for effecting arrest. [Sec.
74]
3) Where there is no endorsement, then the arrest made by the
person other than the officer directed, is not a legal arrest.
[Sec.75]
4) The person arrested must produce before court without
unnecessary delay. [Sec. 76]
5) A warrant of arrest can be executed at any place in India. [Sec.
77]
6) Sec. 78-81 provides for the execution of warrant outside the
local jurisdiction of the court issuing the warrant.
 Proclamation & Attachment.
⚫ Proclamation and attachment of property are the tow
REMEDIES available to the court against a person in case a
warrant of arrest remains unexecuted.
⚫ Proclamation may be issued against an accused or surety or
witness, in case a warrant of arrest remains unexecuted.
⚫ Proclamation is issued when the person has absconded or
is concealing himself to avoid the execution of the warrant.
⚫ Proclamation may be published requiring him to appear at
a specified time and place.
⚫ The time given for appearance in the proclamation must be
not less than 30 days from the date of publication.
 When can warrant be issued by a
court in lieu of summons?
⚫ Sec. 87 of the Code gives power to issue a warrant in
lieu of or in addition to, a summons. It can be
exercised in two occasions:
(1) Where the court believes that the person
summoned has absconded or will disobey the
summons.
(2) Where the person summoned has failed to
appear without reasonable cause or excuse.
FEATURES OF FAIR TRIAL
Adversary System of Criminal Trial.
Independent, Impartial and Competent
Judges.
Parties to be represented by Competent
Lawyers.
Venue of the Trial.
Presumption of Innocence and burden of
Proof.
Rights of accused persons at the trial.
Expeditious Trial.
 ADVERSARY SYSTEM OF
CRIMINAL TRIAL.
⚫ According to this system, the criminal
responsibility of a person is to be resolved by
the court after giving fair and adequate
opportunities to the disputants to place before
the court their respective cases.
⚫ The court is like an umpire and is not to take
sides.
⚫ The court must be impartial umpire.
⚫ The prosecution is to prove the case against
the accused beyond reasonable doubts.
 Independent and Impartial
Judges
1) Separation of Judicial from Executive.
2) Courts to be open. [Sec. 327 Cr.P.C.]
3) Judge or Magistrate not to be personally
interested in the case. [Sec. 479]
4) Transfer of Cases to secure impartial
trial. [Sec. 190(1)(c), 406, 407]
5) Competent Judges made available
through hierarchy of courts.[Sec. 322-325]
6) Qualification of Judges and Magistrates
 PARTIES TO BE
REPRESENTED BY
COMPETENT LAWYERS

Prosecutor representing
the State.

Accused must be
represented by a lawyer
 RIGHT OF ACCUSED
PERSONS AT THE TRIAL
Right to know of the accusation.
[Sec. 228/240/246/251]
Right of accused to be tried in his presence.
Evidence to be taken in presence of accused. [273]
Right to cross examine prosecution witnesses.
Right to produce evidence in defence.
Right to have reasoned decisions.
Doctrine of ‘autrefois acquit’ and ‘autrefois convict’