Explain the procedure for recording of confession

The procedure for recording a confession in India, governed by Sections 164 and 281 of the
Code of Criminal Procedure (CrPC), ensures the confession is voluntary and free from
coercion.

Recording of Confessions and Statements

Authority to Record

- A Metropolitan Magistrate or Judicial Magistrate can record any confession or statement,

irrespective of jurisdiction.

- This can be done during an investigation or at any time before the inquiry or trial starts.

Recording Procedure

- The confession or statement can be recorded using audio-video electronic means in the
presence of the accused person’s advocate.

- A police officer, even if given the powers of a magistrate, cannot record a confession.

Rights of the Accused

- The magistrate must explain to the person that they are not bound to make a confession.

- The magistrate must also inform them that if they choose to confess, it can be used as
evidence against them.

Voluntariness of Confession

- The magistrate should record the confession only if convinced that it is made voluntarily.

- If the person says they do not want to confess, the magistrate must not authorize their
detention in police custody.

Documentation
- The confession must be recorded as per Section 281 CrPC /316 BNSS.

- The person must sign the confession.

- The magistrate must add a memorandum.

Recording of Statement Other Than Confession

Authority to Record

- Any statement (other than a confession) shall be recorded as evidence in the opinion of the
Magistrate, best fitted to the circumstances of the case.

Oath Administration

- The Magistrate shall administer an oath to the person making the statement.

Special Provisions

- In offenses against women, the Judicial Magistrate must record the victim’s statement as
soon as the police are notified.

- If the victim is mentally or physically disabled, an interpreter or special educator must assist
during the recording.

Video Recording

- The statement of a disabled person must also be video recorded.

- A statement by a disabled person, recorded as per Clause (5A)(a), is treated as examination-

in-chief.

Record of Examination of Accused

Memorandum

- A memorandum of the examination must be made by the Magistrate/Judge in the language

of the Court, signed by the Magistrate, and become part of the record.
Recording Procedure

- When the accused is examined by any Magistrate or by a Court of Session, the entire
examination, including questions asked and answers given, must be recorded in full by the
Presiding Judge or Magistrate themselves or by an appointed court officer under their
direction and supervision.

Language and Interpretation

- The record should ideally be in the language in which the accused is examined. If not
possible, it should be in the language of the Court.

- The record must be shown or read to the accused. If the accused does not understand the
written language, it should be interpreted to them in a language they understand.

Signature and Certification

- The accused and the Magistrate or Presiding Judge must sign the record.

- The Magistrate must certify that the examination was conducted in their presence and that
the record provides a true and complete account of the accused's statement.

Related Case Law:

1. Khatri v. State of Bihar (1981):

o The Supreme Court emphasized the importance of ensuring that confessions
are voluntary and not induced by torture or coercion.
o The court highlighted the role of the magistrate in safeguarding the rights of
the accused during the recording of the confession.
2. State of U.P. v. Singhara Singh (1964):
o The Supreme Court held that the procedural safeguards provided under
Section 164 CrPC must be strictly followed.
o Any deviation from the prescribed procedure could render the confession
inadmissible in court.

Write on the relevance of FIR in a criminal case

The Relevance of FIR in a Criminal Case (Crpc section : 154-160 , BNSS 68-72)
Relevance of FIR in a Criminal Case

The First Information Report (FIR) is a crucial document in a criminal case, playing a pivotal role in the
investigation and prosecution of offenses. The relevance of FIR in a criminal case can be understood
from the following perspectives:

1. Initiates Investigation: The FIR sets the investigation process in motion, enabling the police to
collect evidence and apprehend the accused. (Section 154 CrPC)

2. Provides Initial Information: The FIR provides the initial information about the offense, including
the date, time, place, and details of the accused. (Section 154 CrPC)

3. Determines Jurisdiction: The FIR helps determine the jurisdiction of the court, as it provides
information about the place of commission of the offense. (Section 177 CrPC)

4. Forms Basis of Charge-Sheet: The FIR forms the basis of the charge-sheet, which is filed by the
police after completing the investigation. (Section 173 CrPC)

5. Evidence: The FIR can be used as evidence in court, as it provides a contemporaneous record of
the events surrounding the offense. (Section 145 IEA)

6. Corroboration: The FIR can be used to corroborate the testimony of witnesses, as it provides an
independent account of the events. (Section 157 IEA)

7. Investigation Roadmap: The FIR provides a roadmap for the investigation, enabling the police to
focus on the key aspects of the case. (Section 157 CrPC)

8. Prosecution's Case: The FIR forms the basis of the prosecution's case, as it provides the initial
information about the offense. (Section 226 CrPC)

Case Law

The relevance of FIR in a criminal case has been underscored by various court decisions, including:

1. State of Maharashtra v. Som Nath Thapa (AIR 1964 SC 1215): The Supreme Court held that the FIR
is a vital document in a criminal case, as it provides the initial information about the offense.

2. Narayan Singh v. State of Punjab (AIR 1986 SC 749): The Supreme Court held that the FIR can be
used as evidence in court, as it provides a contemporaneous record of the events surrounding the
offense.
What are the rights of an arrested person Crpc sections 49,50,54,57,167,303,313,437,439 ,Bnss
(44,45,54,63,183,31,426)

The Code of Criminal Procedure (CrPC) provides certain rights to an arrested person to ensure that
they are treated fairly and humanely. Here are some of the key rights of an arrested person under
CrPC:

Rights During Arrest

1. Right to Know the Grounds of Arrest (Section 50, CrPC): The arrested person has the right to know
the grounds of arrest and the offense for which they are being arrested.

2. Right to be Informed of the Right to Bail (Section 50, CrPC): The arrested person has the right to be
informed of their right to bail and the procedure for obtaining bail.

Rights After Arrest

1. Right to be Produced before a Magistrate (Section 57, CrPC): The arrested person has the right to
be produced before a Magistrate within 24 hours of arrest.

2. Right to Medical Examination (Section 54, CrPC): The arrested person has the right to a medical
examination by a medical practitioner at the request of the arrested person or the police officer.

3. Right to Legal Aid (Section 303, CrPC): The arrested person has the right to legal aid and to be
represented by a lawyer.

4. Right to Silence (Section 313, CrPC): The arrested person has the right to remain silent and not
answer any questions that may incriminate them.

5. Right to be Treated with Dignity (Section 49, CrPC): The arrested person has the right to be treated
with dignity and respect, and not to be subjected to any form of physical or mental torture.

Additional Rights

1. Right to Inform Family Members (Section 50, CrPC): The arrested person has the right to inform
their family members or friends about their arrest.

2. Right to Access to a Lawyer (Section 303, CrPC): The arrested person has the right to access to a
lawyer and to be represented by a lawyer.

3. Right to be Released on Bail (Section 437, CrPC): The arrested person has the right to be released
on bail, subject to certain conditions.

1. D.K. Basu v. State of West Bengal (1997): The Supreme Court laid down guidelines for the arrest
and detention of individuals, including the right to be informed of the grounds of arrest and the right
to be produced before a Magistrate within 24 hours.
 3. Joginder Kumar v. State of Uttar Pradesh (1994): The Supreme Court held that the arrest of
an individual must be made in accordance with the provisions of the CrPC, and that the
arrested person has the right to be informed of the grounds of arrest.

Explain the hierarchy of criminal courts in india

The Code of Criminal Procedure (CrPC) establishes the hierarchy of criminal courts in India. Here is
the detailed hierarchy with relevant CrPC sections:

1. Supreme Court of India (Article 136 of the Constitution)

- Highest court in India

- Final authority on all matters, including criminal cases

2. High Courts (Section 2(3) of CrPC)

- Each state has a High Court

- Hears appeals from lower courts and has original jurisdiction in certain matters (Section 401 of
CrPC)

3. Courts of Session (Section 9 of CrPC)

- Established in each district

- Presided over by a District and Sessions Judge

- Has jurisdiction over serious crimes, such as offenses punishable with death or imprisonment for
life (Section 26 of CrPC)

4. Judicial Magistrate Courts (Section 11 of CrPC)

- Established in each district

- Presided over by a Judicial Magistrate

- Has jurisdiction over less serious crimes, such as offenses punishable with imprisonment for a
term not exceeding three years (Section 29 of CrPC)
5. Metropolitan Magistrate Courts (Section 12 of CrPC)

- Established in metropolitan areas

- Presided over by a Metropolitan Magistrate

- Has jurisdiction over less serious crimes, such as offenses punishable with imprisonment for a
term not exceeding three years (Section 29 of CrPC)

6. Executive Magistrate Courts (Section 20 of CrPC)

- Established in each district

- Presided over by an Executive Magistrate

- Has jurisdiction over maintenance of law and order, and can try summary cases (Section 260 of
CrPC)

BNSS Hierarchy

1. High Courts (Section 3 of BNSS): Each state has a High Court that hears appeals from lower courts
and has original jurisdiction in certain matters.

2. Courts of Session (Section 7 of BNSS): Sessions Courts are established in each district and are
presided over by a District and Sessions Judge. They have jurisdiction over serious crimes.

3. Magistrate Courts (Section 12 of BNSS): Magistrate Courts are established in each district and are
presided over by a Magistrate. They have jurisdiction over less serious crimes.

4. Sub-Divisional Magistrate Courts (Section 15 of BNSS): Sub-Divisional Magistrate Courts are

established in each sub-division and are presided over by a Sub-Divisional Magistrate. They
have jurisdiction over maintenance of law and order.

Related case laws

1. Am`ar Nath v. State of Haryana (1977): The Supreme Court held that the accused has the right to
be tried by a competent court.

2. Rattan Lal v. State of Punjab (1965): The Supreme Court held that the court's jurisdiction is
determined by the nature of the offense.
Discuss about plea bargaining under crpc

Plea Bargaining under CrPC

Plea bargaining is a process where the accused and the prosecution negotiate a mutually acceptable
disposition of the case, usually involving a guilty plea in exchange for a reduced sentence or charge.
In India, plea bargaining is governed by Chapter XXI-A of the Code of Criminal Procedure (CrPC),
which was inserted by the Code of Criminal Procedure (Amendment) Act, 2005.

Applicability of Plea Bargaining

Plea bargaining is applicable in cases where the maximum punishment is imprisonment for a term of
seven years or less (Section 265-A of CrPC). However, it is not applicable in cases involving offenses
against women, children, or persons with disabilities, or in cases involving serious offenses such as
murder, rape, or terrorism.

Procedure for Plea Bargaining

The procedure for plea bargaining is as follows:

1. Application for Plea Bargaining: The accused may file an application for plea bargaining before the
court (Section 265-B of CrPC).

2. Notice to the Prosecution: The court shall issue a notice to the prosecution to respond to the
application (Section 265-B of CrPC).

3. Plea Bargaining Sessions: The court shall conduct plea bargaining sessions in camera, where the
accused and the prosecution shall negotiate the terms of the plea bargain (Section 265-C of CrPC).

4. Plea Bargaining Agreement: If an agreement is reached, the court shall record the plea bargaining
agreement and dispose of the case accordingly (Section 265-D of CrPC).

Benefits of Plea Bargaining

Plea bargaining has several benefits, including:

1. Reduced Trial Time: Plea bargaining reduces the trial time, as the accused pleads guilty and the
case is disposed of quickly.

2. Reduced Burden on Courts: Plea bargaining reduces the burden on courts, as fewer cases go to
trial.

3. Justice to Victims: Plea bargaining ensures justice to victims, as the accused is punished for the
crime.

4. Rehabilitation of Accused: Plea bargaining provides an opportunity for the rehabilitation of the
accused, as they are given a chance to reform.

Challenges and Criticisms

Plea bargaining has faced several challenges and criticisms, including:

1. Inequality: Plea bargaining can perpetuate inequality, as the wealthy and influential may be able to
negotiate better deals.

2. Lack of Transparency: Plea bargaining sessions are conducted in camera, which can lead to a lack
of transparency.

3. Coercion: There is a risk of coercion, as the accused may be pressured into accepting a plea
bargain.

4. Injustice to Victims: Plea bargaining can result in injustice to victims, as the accused may receive a
reduced sentence.

Case laws

1. Vijay Kumar v. State of Rajasthan (2009): The Rajasthan High Court held that plea bargaining is not
applicable in cases where the accused is charged with an offense under the Narcotic Drugs and
Psychotropic Substances Act, 1985.

2. Rajesh Kumar v. State of Haryana (2011): The Punjab and Haryana High Court held that plea
bargaining can be applied in cases where the accused is willing to plead guilty and the prosecution is
willing to accept the plea.

Classification of offences

The Code of Criminal Procedure (CrPC) classifies offences into several categories based on their
nature, severity, and punishment. Here are the main classifications:
1. Cognizable and Non-Cognizable Offences

- Cognizable Offences (Section 2(c) of CrPC): Serious offences where a police

officer can arrest without a warrant and start an investigation without the
direction of a magistrate. Examples: murder (Section 302 of IPC), rape
(Section 376 of IPC), and theft (Section 378 of IPC).

- Non-Cognizable Offences (Section 2(l) of CrPC): Less serious offences where

a police officer cannot arrest without a warrant and requires authorization
from a magistrate to start an investigation. Examples: defamation (Section
499 of IPC), forgery (Section 465 of IPC), and public nuisance (Section 268 of
IPC).

2. Bailable and Non-Bailable Offences

- Bailable Offences (Section 436 of CrPC): The accused has a right to be

released on bail after providing the necessary security. Examples: simple
assault (Section 323 of IPC) and public servant disobeying the law (Section
166 of IPC).

- Non-Bailable Offences (Section 437 of CrPC): Bail in these cases is not a

matter of right and is subject to the discretion of the court. Examples: serious
crimes such as murder (Section 302 of IPC), rape (Section 376 of IPC), and
kidnapping (Section 363 of IPC).

3. Summons and Warrant Cases

- Summons Cases (Section 204 of CrPC): Offences punishable with

imprisonment of up to two years. The procedure in these cases is simpler and
faster. Examples: petty theft (Section 379 of IPC) and defamation (Section 499
of IPC).

- Warrant Cases (Section 204 of CrPC): Offences punishable with

imprisonment exceeding two years. The procedure is more detailed and
involves the framing of charges. Examples: serious theft (Section 378 of IPC)
and grievous hurt (Section 325 of IPC).

4. Compoundable and Non-Compoundable Offences

- Compoundable Offences (Section 320 of CrPC): Offences where the
complainant can withdraw the case and settle it out of court with the
permission of the court. Examples: minor assault (Section 323 of IPC) and
cheating (Section 420 of IPC).

- Non-Compoundable Offences: Offences that cannot be settled out of court

and must be prosecuted by the state. Examples: murder (Section 302 of IPC)
and rape (Section 376 of IPC).

Case laws:

Joginder Kumar v. State of Uttar Pradesh (1994): The Supreme Court held that the police must inform
the accused of the grounds of arrest in cognizable offences.

Rajinder Singh v. State of Punjab (1985): The Supreme Court held that the Magistrate's court has the
power to try non-cognizable offences.

What are the power of the executive magistrate with regard to security proceedings

The Executive Magistrate has various powers under the Code of Criminal Procedure (CrPC) with
regard to security proceedings, which are aimed at maintaining public order and preventing breaches
of peace. Here are some of the key powers of the Executive Magistrate:

1. Power to require security for good behavior (Section 107 of CrPC): The Executive Magistrate can
require a person to furnish security for good behavior if they have reason to believe that the person
is likely to commit a breach of peace or disturb public tranquility.

2. Power to require security for keeping the peace (Section 108 of CrPC): The Executive Magistrate
can require a person to furnish security for keeping the peace if they have reason to believe that the
person is likely to commit a breach of peace or disturb public tranquility.

3. Power to require security from a person who is about to commit a breach of peace (Section 109 of
CrPC): The Executive Magistrate can require a person who is about to commit a breach of peace to
furnish security for good behavior.

4. Power to detain a person who refuses to furnish security (Section 111 of CrPC): If a person refuses
to furnish security as required by the Executive Magistrate, they can be detained until they furnish
the required security or until the Magistrate orders their release.
5. Power to inquire into the truth of the information (Section 116 of CrPC): The Executive Magistrate
has the power to inquire into the truth of the information received regarding a person's likelihood of
committing a breach of peace or disturbing public tranquility.

6. Power to take bond for good behavior (Section 117 of CrPC): The Executive Magistrate can take a
bond from a person for good behavior, which can include a surety or a condition to keep the peace.

7. Power to forfeit bond (Section 122 of CrPC): If a person who has furnished a bond for good
behavior fails to comply with the conditions of the bond, the Executive Magistrate can forfeit the
bond and take further action.

Case law

Babulal v. State of Rajasthan (1987): The Supreme Court held that the Executive Magistrate's power
to require security for keeping the peace under Section 108 of the CrPC is not limited to cases where
there is an imminent threat of breach of peace.

K. Venkatesh v. State of Andhra Pradesh (2011) (Andhra Pradesh High Court): The High Court held
that the Executive Magistrate's power to forfeit bond under Section 122 of the CrPC can be exercised
only after giving the person an opportunity to show cause.

Write a note on preventive action of the police

The police have the power to take preventive action to maintain public order and prevent
commission of crimes. This power is derived from various provisions of the Code of Criminal
Procedure (CrPC) and other laws. Here are some key aspects of preventive action by the police:

Types of Preventive Action

1. Arrest without warrant: Police can arrest a person without a warrant if they have reason to believe
that the person is about to commit a cognizable offense (Section 151 of CrPC).

2. Detention: Police can detain a person for a short period if they have reason to believe that the
person is about to commit a breach of peace (Section 151 of CrPC).

3. Bond for good behavior: Police can require a person to furnish a bond for good behavior if they
have reason to believe that the person is likely to commit a breach of peace (Section 107 of CrPC).

4. Restrictions on movement: Police can restrict the movement of a person if they have reason to
believe that the person is likely to commit a breach of peace (Section 144 of CrPC).
Conditions for Preventive Action

1. Reasonable suspicion: Police must have reasonable suspicion that a person is about to commit a
crime or breach of peace.

2. Imminence of threat: The threat of crime or breach of peace must be imminent.

3. Necessity: Preventive action must be necessary to prevent the commission of a crime or breach of
peace.

Judicial Oversight

1. Magisterial review: The police must produce the person arrested or detained before a Magistrate
within 24 hours (Section 57 of CrPC).

2. Judicial review: The person arrested or detained can challenge the preventive action before a court
(Section 439 of CrPC).

Case Laws

1. State of Maharashtra v. Suryakant Shinde (1998): Supreme Court held that preventive detention is
a necessary evil to maintain public order.

2. Babulal v. State of Rajasthan (1987): Supreme Court held that preventive action must be based on
reasonable suspicion and necessity.

3. State of Uttar Pradesh v. Singhara Singh (2004): Supreme Court held that preventive detention can
be challenged before a court.

What is the procedure in investigating unnatural and suspicious death and death in police custody

The Code of Criminal Procedure (CrPC) lays down a detailed procedure for investigating unnatural
and suspicious deaths, as well as deaths in police custody. This procedure is designed to ensure that
a thorough and impartial investigation is conducted, and that justice is served.

Unnatural and Suspicious Death

1. Section 174 of CrPC: Police Inquest

 - Police officer in charge of the police station must conduct an inquest into the cause of death.

- Visit the scene of death, examine the body, and gather evidence.

- Record statements from witnesses and prepare a report detailing their findings.

2. Section 176 of CrPC: Magisterial Inquest

- If the police officer is satisfied that the death is unnatural or suspicious, they must forward the
report to the Magistrate.

- The Magistrate must conduct an inquest into the cause of death.

- Examine the evidence collected by the police, and may also call additional witnesses.

- Prepare a report detailing their findings.

3. Section 202 of CrPC: Post-Mortem Examination

- The Magistrate may order a post-mortem examination to determine the cause of death.

4. Section 203 of CrPC: Report of Post-Mortem Examination

- The report of the post-mortem examination must be submitted to the Magistrate.

Death in Police Custody

1. Section 176(1) of CrPC: Magisterial Inquest

- The Magistrate must conduct an inquest into the cause of death.

- Visit the police station where the death occurred, examine the body, and gather evidence.

- Record statements from witnesses, including the police officers who were responsible for the
deceased.

2. Section 304 of IPC: Culpable Homicide Not Amounting to Murder

- If the police investigation reveals that the death was caused by the police, the police personnel
responsible may be charged under Section 304 of the Indian Penal Code (IPC).

Additional Provisions

1. Section 32 of CrPC: Police Officers' Duty to Report Deaths

- Police officers have a duty to report all deaths that occur in their jurisdiction to the Magistrate.

2. Section 33 of CrPC: Magistrate's Power to Order Inquest

- The Magistrate has the power to order an inquest into any death that occurs in their jurisdiction.
Case Laws

1. State of Maharashtra v. Ravikant S. Patil (1998): The Supreme Court held that a magisterial inquest
is mandatory in cases of death in police custody.

2. NHRC v. State of Gujarat (2009): The Supreme Court held that the National Human Rights
Commission (NHRC) has the power to investigate deaths in police custody.