Under the Code of

Criminal Procedure
(CrPC), police
functionaries play a
crucial role in
upholding law and
order. Here are some
key functions:

Ÿ Registration of FIR
(First Information
Report): Upon
receiving information
about a cognizable
offense (an offense for
which a police officer
can arrest without
warrant), a police
officer must register an
FIR under
Ÿ Section 154 of the
CrPC. This serves as
the official record of
the complaint.

Ÿ Investigation: The
police conduct a
preliminary
investigation to gather
evidence, identify
suspects, and prepare
a case for prosecution.
This may involve
 visiting the crime
scene, questioning
witnesses, and
collecting forensic
evidence.

Ÿ Arrest: Police officers

have
Ÿ the power to arrest
individuals under
various CrPC
provisions. This
includes arrests with
warrants issued by
magistrates (Section
76) and preventive
arrests in specific
situations (Section
151).

Ÿ Search and Seizure:

With a warrant from a
magistrate, police can
search premises to
look for evidence or
stolen property
(Section 100). They
can also seize
Ÿ such items under
specific circumstances.

Ÿ Producing Arrested
Persons before
Court: The CrPC
mandates that police
present arrested
individuals before a
magistrate within 24
hours (Section 167).
This ensures a prompt
review of the
 detention's legality.

Ÿ Maintaining Law and

Order: Police
functionaries play a
vital role in preventing
Ÿ crime and maintaining
public order. They
patrol areas, respond
to emergencies, and
enforce various
regulations.

Note for 4 marks: This

explanation focuses on
the essential functions.
You can elaborate on
specific sections (e.g.,
Section 154 for FIR) to
showcase a deeper
understanding within
the 4-mark limit.
 Here's a breakdown of
key provisions on
charges under the
CrPC for 3 marks:

Ÿ Content of Charge
(Section 211): The
charge must clearly
state the offence and
the relevant law
section violated. It
should either use the
specific offence name
or provide enough
details from the
offence definition for
the accused to
understand the
Ÿ accusation.

Ÿ Separate Charges
(Section 218):
Generally, separate
charges are required
for distinct offences.
However, the accused
can request a
combined trial if the
magistrate agrees it
won't cause prejudice.
Ÿ Fair Notice (Implied):
The charge needs to
be specific enough to
allow the accused to
prepare a proper
defense. This
Ÿ ensures a fair trial.

The CrPC
differentiates between
bailable and non-
bailable offences,
impacting an accused's
ability to seek release
before trial. Here's a
concise explanation for
3 marks:

Ÿ Classification: The
First Schedule of the
CrPC classifies
offences. Bailable
offences are listed,
while all others are
Ÿ considered non-
bailable.

Ÿ Granting Bail:

Ÿ Bailable Offences:
The police officer in
charge of the station
must grant bail upon
furnishing sureties
(guarantors) as
specified (Section
436).
Ÿ Non-Bailable
Offences: The court
has the discretion to
grant bail under
Section 437. The
accused can request
bail, but there's no
Ÿ guarantee. Courts
consider factors like
severity of offence,
flight risk, and
tampering with
evidence.

Ÿ Anticipatory Bail
(Section 438): This
provision allows
seeking bail before
arrest in specific
circumstances, from
Sessions courts or
High Courts.

Here's an interpretation
of the provisions on
examination of
complainants under
the CrPC for 3 marks:

Section 200 of the

CrPC mandates that a
magistrate taking
cognizance of an
offence based on a
complaint shall
examine the
complainant on oath.
This serves two
purposes:
Ÿ Verification of
Complaint: The
examination allows the
magistrate to assess
the veracity of the
complaint's
Ÿ details and gather
firsthand information
about the alleged
offence.

Ÿ Starting Point for

Inquiry: The recorded
examination becomes
the foundation for
further investigation or
trial proceedings.

Exceptions:
Ÿ Written Complaint by
Public Servant/Court:
If the complaint
originates from a public
servant acting in
Ÿ their official capacity or
from a court,
examining the
complainant again
might be unnecessary.

Ÿ Transfer of Case: If
the case is transferred
to another magistrate
after the initial
examination, the new
magistrate doesn't
need to re-examine.
 Key Points:

Ÿ The examination
applies to witnesses
present during
Ÿ the initial hearing as
well.

Ÿ The substance of the

examination is reduced
to writing, signed by
the complainant,
witnesses (if any), and
the magistrate.

This provision ensures

a formal and
documented initiation
of the legal process,
safeguarding the rights
of both the
complainant and the
accused.
Here's a comparison of
charge and trial under
CrPC for 3 marks:

AspectCharge (CrPC
Sections 210-228)Trial
(CrPC Sections 233-
313)StageInitial
stepSubsequent step
after framing of
chargePurposeTo
formally inform the
accused of the offence
they are alleged to
have committedTo
determine the guilt or
innocence of the
accused
based on evidence
presentedContentSpe
cific offence and
relevant law
sectionPresentation of
evidence by
prosecution and
defense, arguments,
examination of
witnessesOutcomeLe
ads to trial if the
accused pleads not
guiltyConviction,
acquittal, or other
orderJudge's
roleFraming a clear
and precise
chargePresiding over
the trial, ensuring fair
proceedings, and
issuing
judgmentAccused's
roleUnderstanding the
accusation and
pleading guilty or not
guiltyDefending
themself through
cross-examination,
presenting evidence,
and arguments

In simpler terms, the

charge defines what
the accused is being
accused of, while the
trial is the process of
determining their guilt
or innocence based on
evidence and
arguments.
Here's a comparison of
summons and
warrants under CrPC
for 3 marks:

AspectSummonWarran
tPurposeTo compel
appearance in court
(defendant or
witness)To authorize
law enforcement action
(arrest or
search)Issued
byCourt clerk or police
officer (with court
approval)Judge or
magistrateBasis for
issuanceNo specific
evidence
requiredProbable
cause to believe a
crime occurred and the
person is
connectedAction on
recipientMust appear
in court on specified
dateAuthorizes police
to take action (arrest or
search)Severity of
offenceTypically used
for minor offencesUsed
for more serious
offences or when a
suspect is likely to
fleeFlexibilityCan be
withdrawn by the
complainant with court
permissionGenerally
not
withdrawn unless new
evidence emerges

In a nutshell: A
summon is an
invitation to court,
while a warrant gives
police the power to act.

Here's a breakdown of
proclamation and
attachment under the
CrPC for 3 marks:

Proclamation
(Sections 82-87):
Ÿ Occurs when the
accused is absconding
or evading arrest.

Ÿ The court issues a

public notice requiring
the accused to appear
before the court by a
specific date.

Ÿ This notice is
published in
newspapers and
affixed in public places.

Attachment (Section
88):
Ÿ A consequence of not
appearing after
proclamation.

Ÿ The court can order

attachment of the
accused's property
(movable or
immovable) to:

Ÿ Compel the accused to

appear.
Ÿ Secure potential fines
or compensation
awarded by the court.
Ÿ Attachment can be on
property within the
court's jurisdiction or
elsewhere with proper
endorsement.

Key Points:

Ÿ Proclamation serves
as a warning and an
opportunity for the
accused to appear.
Ÿ Attachment puts
pressure on the
accused and secures
potential dues.
Note: This explanation
focuses on the core
aspects within the 3-
mark limit.

Here's a concise
explanation of search
warrants for 2 marks:

Meaning: A search
warrant is a court order
authorizing law
enforcement to search
a specific person,
place, or vehicle for
evidence of a crime. It
protects citizens'
 privacy by requiring
judicial approval before
a search.

Procedure for
Issuance:

Ÿ Police Officer
Application: A law
enforcement officer
submits a sworn
affidavit to a judge or
magistrate outlining:
Ÿ The crime suspected.

Ÿ Probable cause -
specific facts and
reasons to
Ÿ believe evidence is
present at the location.

Ÿ Judicial Review: The

judge examines the
affidavit. If convinced
of probable cause,
they sign the warrant,
specifying:

Ÿ Location to be
searched.
Ÿ Items to be seized (if
applicable).

Key Points:
Ÿ Search warrants aim to
balance the need for
investigation with
individual privacy.

Ÿ Probable cause is a
legal standard, not an
absolute certainty of
evidence.

The key provision for

production of
documents under the
CrPC is Section 91.
Here's a breakdown for
2 marks:
Ÿ Authority to Issue: A
court or a police officer
in charge of a station
can issue a summons
or written order,
respectively.

Ÿ Purpose: The
document or other
thing must be
considered necessary
or desirable for an
 investigation, inquiry,
trial, or other CrPC
proceedings.

Ÿ Production Method:
The person in
possession can
Ÿ either attend court with
the document or simply
produce it without
appearing personally.

This provision ensures

relevant documents
can be obtained for
criminal proceedings
while minimizing undue
burden on the person
possessing them.
Here's a look at search
 warrant provisions
under the CrPC for 2
marks:

Ÿ Issuing Authority: A
judge or magistrate
can issue a search
warrant upon a written
application from a
police officer (Section
94).

Ÿ Basis for Issuance:

 Probable cause is
essential. The officer's
application must
convince the court that:

Ÿ A cognizable offense
Ÿ (arrestable offense)
has been committed or
is about to be
committed.

Ÿ There's reason to
believe evidence
related to the offense
will be found at a
specific place.

Ÿ Content of Warrant:
The warrant should
 clearly state:

Ÿ The address or
description of the place
to be searched.

Ÿ The person who can

Ÿ execute the search
(usually a police
officer).

Ÿ Items to be seized if
known (e.g., stolen
property, weapons).

Key Points:

Ÿ Search warrants serve

to protect individual
privacy by requiring
 judicial oversight
before a search.

Ÿ Probable cause is a
crucial
Ÿ safeguard; a simple
suspicion isn't enough
for a warrant.

Here's a look at search

warrant provisions
under the CrPC for 2
marks:

Ÿ Issuing Authority: A
judge or magistrate
can issue a search
warrant upon a written
application from a
police officer (Section
94).
Ÿ Basis for Issuance:
Probable cause is
essential. The officer's
application must
convince the court that:

Ÿ A cognizable offense
(arrestable offense)
has been committed or
is about to be
committed.

Ÿ There's reason to
believe evidence
related to the offense
will be found at a
specific place.
Ÿ Content of Warrant:
The warrant should
clearly state:

Ÿ The address or
description of the place
to be searched.

Ÿ The person who can

execute the search
(usually a police
officer).
Ÿ Items to be seized if
known (e.g., stolen
property, weapons).

Key Points:
Ÿ Search warrants serve
to protect individual
privacy by requiring
judicial oversight
before a search.

Ÿ Probable cause is a
crucial safeguard; a
simple suspicion isn't
enough for a warrant.

Yes, there's a
possibility both
murders can be tried
together, though it's not
guaranteed. Here's
why:
Ÿ Section 223 of the
CrPC allows the trial
court to order a joint
trial for offenses arising
from the same fact. In
this case, both
murders happened in
the same night,
potentially suggesting
a connection between
them.
Ÿ However, the separate
locations (different
houses) and potential
difference in timings
raise a question about
whether they truly
Ÿ constitute "the same
fact."

To decide on a joint
trial, the court will
consider factors like:

Ÿ Strength of
connection: Does
strong evidence
suggest a single
motive and planned act
encompassing both
 murders?

Ÿ Prejudice to the
accused: Would a
joint trial make it
difficult for the accused
to defend themselves
Ÿ adequately for each
murder?

Recommendation:

The defense should

argue for separate
trials if they believe it
would hinder their
ability to effectively
defend against each
charge. The
prosecution should
present arguments
highlighting the
potential connection
between the murders
to convince the court
for a joint trial.
Ultimately, the court
will weigh these factors
and decide whether a
joint trial is appropriate
considering the
interests of both a fair
trial and efficient
justice.

In the Code of Criminal

Procedure (CrPC), a
warrant case is a
criminal proceeding
that deals with more
serious offences.
Here's a basic
explanation for 2
marks:
Ÿ Offense Severity:
Warrant cases typically
involve offences
punishable with death,
imprisonment for life,
or imprisonment for
more than two years.

Ÿ Procedure: Compared
to summons cases
(minor offences),
warrant cases involve
 a more formal
procedure. This
includes:

Ÿ Magistrate Issuing
Warrant: A magistrate
may issue a
Ÿ warrant for the arrest
of the accused.

Ÿ Police Action: Police

can arrest the accused
based on the warrant.

Ÿ Trial Process: The

trial follows a stricter
procedure outlined in
the CrPC for warrant
cases.
In essence, warrant
cases involve a higher
level of seriousness
and a more formal
legal process
compared to summons
cases.

Here's an interpretation
of summary trials
under the CrPC for 2
marks:

Summary trials are

designed for swift
disposal of specific
petty offences. They
prioritize efficiency
while ensuring basic
principles of justice are
met.
Ÿ Offences Covered:
Chapter XXI of the
CrPC (Sections 260-
265) governs summary
trials. These typically
involve offences
punishable with:

Ÿ Maximum
imprisonment of two
years or less.

Ÿ Fine only.
Ÿ Both fine and
imprisonment up to two
years.
Ÿ Procedure: The
process is simplified
compared to regular
trials. However, it still
adheres to essential
aspects like:

Ÿ Recording evidence.

Ÿ Allowing the accused

to present a defense.

Ÿ Delivering a judgment
with reasons.

Key Points:
Ÿ Summary trials aim to
achieve a balance
between speedy
resolution and fair
treatment of the
accused.

Ÿ The focus is on less

serious offences to
avoid jeopardizing
justice for more
complex cases.
Under the CrPC,
appealing against an
acquittal (a verdict
 finding the accused not
guilty) is a restricted
process. Here's a
simplified explanation
for 2 marks:

Ÿ Who Can Appeal:

Ÿ State Government:
Through the Public
Prosecutor, the state
government can direct
an appeal to the High
 Court against an
acquittal by a lower
court (Section 417).

Ÿ Complainant (Limited
Ÿ Right):

Ÿ Only with the

permission of the
High Court (Section
378(4)) can the
complainant (who filed
the initial complaint)
appeal an acquittal by
a lower court. This
permission must be
sought within a strict
timeframe (6 months
for public servants, 60
days for others).

Note: These are the

primary avenues.
Specific exceptions
or additional
procedures might exist
based on the nature of
the case.

The right to appeal

under the CrPC allows
parties in a criminal
case to challenge a
verdict or order they
believe is incorrect.
 Here's a basic
explanation for 2
marks:

Ÿ Who Can Appeal:

Ÿ Accused: If convicted,
the accused has the
right to appeal against
the conviction or
sentence (or both).

Ÿ State: The prosecution

(usually represented
by the Public
Prosecutor) can appeal
under certain
circumstances, such
as against an acquittal
 or a lenient sentence.

Ÿ Victim (Limited
Right): In some cases,
with court
Ÿ permission, the victim
can appeal an acquittal
or inadequate
compensation order.

Ÿ Levels of Appeal:

Ÿ The CrPC lays out a

hierarchy of courts for
appeals. The specific
court will depend on
the nature of the
original trial and the
type of order being
appealed.

Overall, the right to

appeal is a
crucial safeguard
that ensures parties
have a chance to
challenge verdicts
and potentially obtain
a more just outcome.

Here's an explanation
of provisions for
appeals against High
 Court convictions
under the CrPC for 2
marks:

Ÿ Limited Right: The

CrPC restricts avenues
for
Ÿ appealing a conviction
by the High Court
itself.

Ÿ Supreme Court
Appeal: The primary
avenue is an appeal to
the Supreme Court of
India under Article 134
of the Constitution.
However, this appeal is
not automatic and
requires fulfillment of
 specific conditions:

Ÿ Certificate of Fitness:
The High Court must
issue a
Ÿ certificate declaring the
case involves a
substantial question of
law or law of
exceptional
importance.

Ÿ Special Leave
Petition: Alternatively,
the Supreme Court can
grant special leave to
appeal under Article
136 if it deems the
case merits
exceptional
consideration.

In simpler terms:
Appealing a High Court
conviction requires
convincing a higher
court (Supreme Court)
to take up the case
due to significant legal
issues involved.

CrPC
Explained (3
Marks Each)
Here's a breakdown of
the CrPC concepts you
requested, explained in
3 marks each:

1. Explain about
revisional
 power of Court.

Ÿ Revisional power
allows a higher court to
review orders or
judgments passed by a
lower court without a
formal appeal being
filed.

Ÿ Purpose: To correct
errors of fact, law,
procedure, or
 miscarriage of justice.

Ÿ Limitations: Not a
substitute for appeal
process. The higher
court
Ÿ won't revisit factual
findings unless there's
clear error.

2. Interpret grounds
for plea bargaining.

Ÿ Plea bargaining is a
process where the
accused agrees to
plead guilty to a lesser
charge in exchange for
a reduced sentence or
other concessions from
the prosecution.
Ÿ Grounds:

Ÿ Strong case for

prosecution.

Ÿ Cooperation from the

accused in return for
leniency.

Ÿ Avoiding a lengthy and

expensive trial.

3. Explain the
 provisions of
reference of CrPC,
1973.

Ÿ Section 432
empowers a
Ÿ Sessions Court or High
Court to refer a
question of law to a
higher court for its
opinion.

Ÿ Purpose: To seek
guidance on a complex
legal issue that could
impact the case.

Ÿ Procedure: The
referring court states
the question of law and
sends the case record
to the higher court. The
higher court issues an
opinion on the legal
point, but the judgment
remains
Ÿ with the referring court.

4. Explain the
provisions regarding
transfer cases.

Ÿ The CrPC allows

transfer of cases from
one court to another
for various reasons
(Sections 170-178).

Ÿ Grounds for Transfer:

Ÿ Bias or prejudice of the
judge.
Ÿ Apprehension of fair
trial due to local
influences.

Ÿ Convenience of
witnesses or accused.

Ÿ Public interest
considerations.

5. Explain the
limitations to the
powers of High Court
 to transfer cases.

Ÿ The High Court's

transfer power isn't
absolute. It must
consider:
Ÿ Stage of the trial:
Transferring a case
midway can disrupt
proceedings.

Ÿ Interests of justice:
Transfer should benefit
the overall fairness of
the trial.

Ÿ Reasonable grounds: A
mere request isn't
enough; there should
be a valid reason.

6. Explain the power

of sessions judges to
transfer
 cases.

Ÿ Sessions Judges have

limited transfer powers
compared to the High
Court (Section 192).

Ÿ Grounds:

Ÿ Similar to High Court,

but generally within the
session division.
Ÿ To overcome practical
difficulties in trial
proceedings.
 7. Analyze the
provision relating to
withdrawal of cases
by Judicial
Magistrate.

Ÿ Section 173: A Judicial

Magistrate can
withdraw a case from
another Magistrate's
court:
Ÿ If the offense is triable
by them.

Ÿ If the investigation
reveals the offence
was wrongly
Ÿ sent to the other court.

Ÿ Analysis: This
ensures proper
jurisdiction and avoids
delays due to cases
being in the wrong
court.

8. Analyze the
provisions relating to
transfer or
withdrawal of cases
 by District
Magistrates and Sub-
divisional
Magistrates.

Ÿ District Magistrates
(Section 193):
Broader power to
transfer cases
Ÿ within their district for
similar reasons as
Sessions Judges, but
also:

Ÿ To ensure proper
investigation or
supervision.

Ÿ To expedite trial.

Ÿ Sub-divisional
Magistrates (Section
194): Similar power to
District Magistrates,
but limited to cases
within their subdivision.
Ÿ Analysis: These
provisions allow for
efficient case
management and
resource allocation
within the district.

9. Develop the
provision relating to
submission of death
sentences for
confirmation.
Ÿ Section 366: Every
death sentence passed
by a Sessions Court
must be confirmed by
the High Court.
Ÿ Process: The
Sessions Court
submits the case
record and judgment to
the High Court. The
High Court reviews the
case and can:

Ÿ Confirm the death

sentence.

Ÿ Impose a lesser
 sentence (life
imprisonment).

Ÿ Order a retrial.

Ÿ Development: This
provision ensures a
Ÿ thorough review of
death sentences
before execution,
upholding due process.

CrPC
Explained (3
Marks Each)
Here's a breakdown of
the CrPC concepts you
requested, explained in
3 marks each:

1. Develop the
provisions
 relating to
imprisonment as
provided under CrPC.

Ÿ The CrPC doesn't

directly define
imprisonment, but
various sections
outline its imposition
and execution. (e.g.,
Sections 354, 361)

Ÿ Types of
 Imprisonment:

Ÿ Simple Imprisonment:
No hard labor.

Ÿ Rigorous
Imprisonment: Includes
hard labor.
Ÿ Solitary Imprisonment:
Separation from other
prisoners (rare).

Ÿ Term and Conditions:

Determined by the
court's sentence,
considering factors
like:

Ÿ Severity of offense.
Ÿ Criminal history of the
accused.
Ÿ Mitigating
circumstances.

Ÿ Execution:
Superintended by
prison authorities,
adhering to relevant
laws and human rights
principles.

2. Interpret the
concept of bail.
Ÿ Bail is the temporary
release of an accused
person before trial,
usually upon furnishing
security (guarantors
or money deposit).
Ÿ Purpose:

Ÿ Presumption of
innocence until proven
guilty.

Ÿ Prevent unnecessary
pretrial detention.

Ÿ Allow the accused to

prepare for defense.
Ÿ Types of Bail:

Ÿ Bailable Offence: Bail

is a right (Section 436).
Ÿ Non-Bailable
Offence: Bail is at the
court's discretion
(Section 437).

Ÿ Anticipatory Bail:
Granted before arrest
in specific
circumstances (Section
438).

3. Illustrate the
 concept of
anticipatory bail.

Ÿ Anticipatory bail allows

an apprehension of
arrest to approach a
Sessions Court
Ÿ or High Court before
an arrest is made.
(Section 438)

Ÿ Grounds:

Ÿ Reasonable fear of
arrest in a mala fide
(bad faith) case.

Ÿ Need for protection

from harassment.
Ÿ Cooperation with
investigation.
Ÿ Illustration: A person
accused of a false
case can seek
anticipatory bail to
avoid wrongful arrest
and imprisonment.

4. Define charge.

Ÿ A charge is a formal
accusation that
outlines the specific
offense an accused
 person is alleged to
have committed.
(Section 211)

Ÿ Content:
Ÿ Clear mention of the
offence (e.g., theft,
murder).

Ÿ Relevant section of the

law violated.

Ÿ Brief description of the

act allegedly
committed by the
accused.
Ÿ Purpose: Informs the
accused of the
accusation and allows
them to prepare a
proper defense.
 5. Explain in detail
the procedure for a
trial before a Court of
Session.

Ÿ More complex than

trials before
Magistrates due to the
seriousness of
offences.

Ÿ Procedure:
Ÿ Framing of Charge:
Court reads the charge
to the accused.
Ÿ Plea: Accused pleads
guilty or not guilty.

Ÿ Prosecution Evidence:
Presented by the
Public Prosecutor.

Ÿ Defense Evidence:
Presented by the
accused.

Ÿ Arguments: Closing
arguments by both
 sides.

Ÿ Judgment: Court
delivers the verdict
and, if guilty, the
sentence.
 6. Explain the
procedure that is
followed by a
Magistrate in the trial
of a warrant-case.

Ÿ Warrant cases involve

more serious offences
than summons cases.

Ÿ Procedure:
Ÿ Issue of Process:
Magistrate issues a
warrant for the
accused's arrest.

Ÿ Appearance: Accused
is
Ÿ brought before the
Magistrate.

Ÿ Enquiry: Magistrate
inquires into the case
and may discharge the
accused if grounds are
insufficient.

Ÿ Charge: Framing of
charge if the enquiry
proceeds.
Ÿ Similar to Sessions
Court trial from here
(plea, evidence,
arguments, judgment).
 7. Explain the
provisions regarding
a complaint filed in a
warrant trial other
than a Police Report.

Ÿ Section 154 allows

complaints directly filed
with a Magistrate
(besides those filed by
police).

Ÿ Procedure:
Ÿ The complainant
submits a written
petition outlining the
alleged offence.
Ÿ The Magistrate
examines the
complainant on oath
(Section 200).

Ÿ If a cognizable offence
is made out, the
Magistrate:

Ÿ Orders investigation
(may involve police).
Ÿ Issues a warrant for
the accused's arrest (if
necessary).

8. What is summary
trial and
 tell in your own
words in what
respects does it
differ from an
ordinary trial.

Ÿ Summary trials are

designed for swift
disposal of minor
offences (Section
260).

Ÿ Differences from
 Ordinary Trials:

Ÿ Simpler Procedure:
Less formal, with fewer
procedural steps.
Ÿ Limited Evidence:
Focuses on key
witness statements
and avoids lengthy
examinations.

Ÿ Faster Resolution:
Aims for quicker
verdicts to avoid
prolonged detention for
minor offences
CrPC
Explained (3
Marks Each)
 Here's a breakdown of
the remaining CrPC
concepts you
requested, explained in
3 marks each:

1. Explain the
provisions relating to
plea bargaining.

Ÿ Plea bargaining allows

an accused to plead
guilty to a lesser
 charge in exchange for
concessions from the
prosecution (Section
265A).

Ÿ Provisions:
Ÿ Initiated by the
accused or with their
consent.

Ÿ Requires approval
from the court.

Ÿ Sentence imposed
should be within the
permissible range for
the lesser charge.
Ÿ Benefits:

Ÿ Reduces court
workload and trial time.
Ÿ Provides some
certainty for both
prosecution and
accused.

Ÿ Encourages
cooperation from the
accused.

2. Evaluate about the

procedure for
hearing of appeals.
Ÿ Appeals challenge
verdicts or orders in a
lower court.

Ÿ Procedure:
Ÿ Filing of Appeal: An
appeal memo is
submitted to the
appropriate appellate
court.

Ÿ Hearing: Arguments
presented by both
sides.

Ÿ Judgment: Appellate
court issues a
judgment, which could
 involve:

Ÿ Upholding the lower

court's decision.

Ÿ Modifying the order/

Ÿ sentence.

Ÿ Ordering a retrial.

Ÿ Evaluation:

Ÿ Protects against
incorrect verdicts.

Ÿ Ensures a multi-
layered review
process.
Ÿ Can be time-
consuming and
expensive.

3. Evaluate between
reference
 and revision.

Ÿ Reference (Section
432): A higher court
seeks legal guidance
on a complex legal
issue from an even
higher court.

Ÿ Revision (Section
397): A higher court
reviews a lower court's
order on its own
 initiative to correct
errors.

Ÿ Evaluation:
Ÿ Reference is for
seeking clarification,
while revision is for
correcting mistakes.

Ÿ Reference doesn't
affect the case's
progress, while
revision might change
the order.

Ÿ Both aim to ensure a

fair and legally sound
 outcome.

4. Explain provisions
relating to bail-
bonds.

Ÿ Bail bonds are a

security
Ÿ mechanism used in
granting bail (Section
439).

Ÿ Procedure:

Ÿ The court specifies the

bail amount.

Ÿ The accused or
sureties (guarantors)
furnish the bail amount
in cash or bonds.
Ÿ The accused is
released upon
furnishing bail.
Ÿ Provisions:

Ÿ Bail bonds are

refunded if the
accused appears in
court as required.

Ÿ They can be forfeited

by the court if the
accused absconds.

5. Explain elaborately
 about anticipatory
bail and the
provisions relating to
it.

Ÿ Anticipatory bail is
granted
Ÿ before arrest, to
prevent unnecessary
detention (Section
438).

Ÿ Provisions:

Ÿ Application filed before

a Sessions Court or
High Court.

Ÿ Must demonstrate a
reasonable fear of
 arrest in a mala fide
case.

Ÿ Court considers the

nature of the offence,
criminal
Ÿ history, and flight risk.

Ÿ Elaboration:

Ÿ Provides protection
from harassment or
wrongful arrest.

Ÿ Not available for all

offences, particularly
serious ones.

Ÿ Conditions can be
imposed (e.g.,
surrendering passport).
 6. Explain elaborately
about the special
powers of High
Courts and Sessions
Courts regarding bail
and cancellation of
bail.

Ÿ High Courts:

Ÿ Extensive bail powers

under Article 226 of the
 Constitution.

Ÿ Can grant bail even in

non-bailable offences
in exceptional
circumstances.
Ÿ Can cancel bail
granted by lower
courts.

Ÿ Sessions Courts:

Ÿ Can grant bail in non-

bailable offences, but
with more restrictions
than High Courts.

Ÿ Can cancel bail

 granted by themselves
or Magistrates.

Ÿ Elaboration:
Ÿ These powers ensure
flexibility in the bail
system.

Ÿ Courts weigh the

seriousness of the
offence and the risk of
tampering with
evidence.

7. Explain in details
about the inherent
powers of the High
 Court.

Ÿ Inherent powers are

implied powers not
explicitly mentioned in
the CrPC but derived
from the High
Ÿ Court's position in the
judicial hierarchy.

Ÿ Examples:

Ÿ Issuing writs (habeas

corpus, mandamus) to
enforce fundamental
rights or ensure justice.

Ÿ Power to supervise
subordinate courts and
ensure they function
properly.
Ÿ Power to punish for
contempt of court.

Ÿ Details:

Ÿ These powers are

used cautiously and to
prevent abuse of
process.

Ÿ They are essential for

maintaining judicial
independence and
ensuring justice.
CrPC
Explained (3
Marks Each) -
Continued
1. Explain elaborately
about the provisions
relating to arrest and
post-arrest as
 contained in CrPC.

Arrest:

Ÿ Without Warrant
(Section
Ÿ 41): For cognizable
offenses (arrestable
offenses) when:

Ÿ Committed in the
presence of a police
officer.

Ÿ A cognizable offense
has been committed
and the officer has
reason to believe the
arrested person
 committed it.

Ÿ To prevent a
cognizable offense
from being committed.
Ÿ With Warrant
(Section 76): Issued
by a magistrate based
on a police officer's
application with
probable cause.

Post-Arrest
Provisions:

Ÿ Police Duty (Section

57): Produce the
 arrested person before
a magistrate within 24
hours (excluding travel
time).

Ÿ Magistrate's Inquiry
Ÿ (Section 167):
Determine if there's
enough evidence to
proceed.

Ÿ Remand (Section
166): If further
investigation is
needed, the magistrate
can remand the
accused to police
custody for a short
period.
Ÿ Bail: The accused has
the right to apply for
bail throughout this
process.

2. Explain the rights

of
 arrested persons as
contained in the
provisions of CrPC.

Ÿ Right to know the

grounds of arrest
(Section 50): Police
must inform the
arrested person of the
offense they are
alleged to have
committed.
Ÿ Right to be defended
by a lawyer (Section
303): The arrested
person can consult and
be represented
Ÿ by a lawyer at any
stage of the
proceedings.

Ÿ Right against self-

incrimination
(Section 25): The
arrested person is not
obligated to provide
information that may
incriminate them.

Ÿ Right to medical
examination (Section
54): By a registered
medical practitioner
within 24 hours of
arrest (if requested).
 3. Evaluate the
exceptions of plea
bargaining.

Ÿ Offences attracting
death penalty or life
imprisonment.

Ÿ Offences involving
violence or serious
injury.

Ÿ Offences against
 women and children.

Ÿ Cases where public

interest outweighs
the benefits of plea
bargaining.
 Evaluation:

Ÿ Exceptions ensure
plea bargaining doesn't
undermine the
seriousness of certain
crimes.

Ÿ They maintain public

confidence in the
justice system.
Ÿ However, they might
limit the scope of plea
bargaining in some
cases.
 4. Explain warrant of
arrest.

Ÿ A written order issued

by a magistrate
authorizing the arrest
of a named person
(Section 76).

Ÿ Purpose:

Ÿ Ensures arrests are

 based on probable
cause, not mere
suspicion.

Ÿ Protects against
arbitrary arrests.
Ÿ Content:

Ÿ Name and address of

the person to be
arrested.

Ÿ Offence for which the

arrest is authorized.

Ÿ Court's seal and

signature of the issuing
magistrate.
 5. Interpret
application of the
Code of Criminal
Procedure.

Ÿ The CrPC governs the

Ÿ investigation,
prosecution, and trial
of offences in India.

Ÿ Applicability:

Ÿ All criminal cases in

India, except for
military courts and
specific tribunals.

Ÿ Defines the powers

and duties of police,
magistrates, and
courts in criminal
proceedings.

6. What are the

functionaries
 under the Code of
Criminal Procedure?

Ÿ Police: Investigate
offenses, make arrests,
and present cases
before the court.

Ÿ Magistrates: Conduct
inquiries, issue
warrants, remand
accused persons, and
try cases.
Ÿ Judges: Preside over
trials in Sessions
Courts and
Ÿ High Courts, deliver
judgments, and
consider appeals.

Ÿ Lawyers: Represent
accused persons and
the prosecution in
court.

Ÿ Public Prosecutor:
Represents the state in
criminal proceedings.
These functionaries
work together to
ensure a fair and
efficient criminal justice
system.
CrPC
Explained (3
Marks Each) -
Continued
1. Explain the
 provisions on joinder
of charge.

Ÿ Joinder of Charge
(Sections 219-223):
Allows
Ÿ combining multiple
charges against the
same person in a
single trial.

Ÿ General Rule
(Section 218):
Separate charges for
distinct offenses.

Ÿ Exceptions:

Ÿ Same Kind Offenses

(Section 219): When
several offenses of the
same kind are
committed within a
year.
Ÿ Same Transaction
(Section 220): When
several offenses arise
from the same
transaction.

Ÿ Different Offenses
(Section 223): When
several offenses are
committed in the
course of the same
transaction, involving
different people (e.g., A
attacks B, and C tries
to stop A, resulting in
injuries to all three).

2. Compare
cognizable and
non-cognizable
offence.

FeatureCognizable
OffenceNon-
Cognizable
OffenceArrest Without
WarrantYesNo
(requires court
permission)Investigatio
nInitiated by
policeComplaint-based
(requires victim or
witness to file a
complaint)BailGenerall
y granted by police or
magistrateGranted by
magistrateExamplesTh
eft, assault,
murderCheating,
defamation
 3. Interpret the
meaning of the term
complainant.

Ÿ The complainant is the

person who initiates a
criminal complaint
against someone,
alleging they have
been wronged by a
crime.

Ÿ They may be the victim

 of the crime or
someone who
witnessed it.

Ÿ The complainant is not

the
Ÿ same as the
prosecution, which
represents the state in
court.

4. Explain warrant
trial.

Ÿ A warrant trial is a
formal trial procedure
used for more serious
offenses (Section 260).
Ÿ Steps:

Ÿ Issuance of warrant by
a magistrate for the
accused's arrest.
Ÿ Appearance of the
accused before the
magistrate.

Ÿ Enquiry to determine if
there's enough
evidence to proceed.

Ÿ Framing of charges if
the enquiry proceeds.

Ÿ Similar to Sessions
Court trial from here
(plea, evidence,
arguments, judgment).
Ÿ Requires stricter
procedures and
provides more
safeguards for the
accused compared to
a summons case.

5. Explain about
revisional power of
Court of Sessions.

Ÿ Limited revisional
power compared to the
 High Court.

Ÿ Grounds:
Ÿ Errors of fact or law
that have resulted in a
miscarriage of justice.

Ÿ Irregularities in
proceedings that
prejudice the accused.

Ÿ Procedure:

Ÿ Sessions Court can

review cases decided
by magistrates within
 its jurisdiction.

Ÿ Can order a retrial,

modify
Ÿ the order, or acquit the
accused.

6. Interpret the role of

accused in making
plea bargaining
application.

Ÿ The accused can

initiate or consent to
plea bargaining
(Section 265A).
Ÿ They need to
understand the
potential benefits and
risks involved.

Ÿ The accused, through

their
Ÿ lawyer, negotiates the
terms of the plea
bargain with the
prosecution.

7. Explain the
provision of section
402 of CrPC, 1973.

Ÿ Section 402 deals with

the procedure for
suspension of
sentence and release
 on probation of good
conduct.

Ÿ Conditions:

Ÿ The court can suspend

a sentence of
imprisonment
Ÿ for up to two years for
a first-time offender.

Ÿ The accused must

agree to be of good
behavior during the
probation period.

Ÿ The court can impose

conditions like
community service or
restitution.
8. Explain the powers
of the Supreme Court
to transfer cases.
Ÿ The Supreme Court
has limited powers for
transferring cases.

Ÿ Grounds:

Ÿ Substantial question of
law of national
importance is involved.

Ÿ Interests of justice
require transfer due to
exceptional
 circumstances (e.g.,
bias in the lower court).

Ÿ Procedure:
Ÿ Parties to the case can
petition the Supreme
Court for transfer.

Ÿ The Supreme Court

considers the petition
and decides whether to
transfer the case
based on its merits.