Code of Criminal Procedure
Maharashtra National Law University, Aurangabad · LL.B. Semester 8
Unit I — Introduction to Code of Criminal Procedure, Arrest
Introduction, Functionaries under the code – 1) The Courts – Hierarchy of Criminal Courts · – Supreme Court, High Court, Court of Sessions, Courts of Judicial Magistrates, Courts of Metropolitan Magistrates, Special Judicial Magistrates or Metropolitan Magistrates, Courts of Executive Magistrates 2) The Police – Function and organization of police 3) The Public Prosecutors, Additional Public Prosecutors and Assistant Public Prosecutors 4) The Defence Counsel, Classification of offences. Arrest – Meaning and purpose, Circumstances in which arrest of a person might be necessary, Arrest with a warrant, Arrest without a warrant by 1) Police officer 2) Private person 3) Magistrate Arrest how made, Rights of the arrested person, Consequences of non-compliance with arrest provisions, Procedure to compel the appearance of accused in the court, Post-arrest procedure.
Unit II — Search and Seizure, FIR, Investigation
Search and Seizure and Production of Materials – Object, Summons or order to produce documents or things, Procedure as to letters and telegrams, When search warrant may be issued, Power to declare certain publications forfeited, Search of persons wrongfully confined, Inspection of weights and measures, General provisions relating to searches, Constitutional validity of search warrants. FIR – Information to police as to cognizable cases, Analysis of Sec 154, Duty of police officer to record FIR, Effect of delay in lodging FIR, Corroboration, Substance thereof to be entered in a book, Right to copy of the report, Evidentiary value of FIR, Information to police as to non- cognizable offence, Investigation – Meaning and purpose, Police when to investigate, Power to require attendance of witnesses and record their statements, Case diary, Procedure when investigation cannot be completed within 24 hours, Analysis of Sec 167, Report of police on completion of investigation
Unit III — Venue of Trial, Commencement of Proceedings Before Magistrates
Venue of Trial – Local Jurisdiction of Criminal Courts and Police – Scope of the chapter, Courts by which offences are triable, Ordinary place of inquiry and trial, Offence triable when act is done or consequence ensues, Place of trial when act is an offence by reason of its relation to other offence, Place of trial in case of certain offences, Offence committed by letters, etc, Offence committed on a journey or voyage, Place of trial for offences triable together, Power to order cases to be tried in different sessions division, Power to issue summons or warrant for offence committed beyond local jurisdiction, Power to try offences committed outside India, consequences of failure to follow rules regarding local jurisdiction, Irregularities which vitiate proceedings Commencement of proceedings before Magistrates (Complaints to Magistrates) – Cognizance of offences by Magistrates, Examination of complainant, Procedure by a Magistrate not competent to take cognizance of the case, Postponement of issue of process, Dismissal of complaint, Fresh complaint, Magistrate may dispense with the personal attendance of accused, Special summons in cases of petty offences, Supply to the accused copies of police report and other documents, Commitment of case to the Court of Sessions when offence is triable exclusively by it, Procedure to be followed when there is a complaint case and police investigation in respect of the same offence .
Unit IV — Charge, Principal Features of Fair Trial
Charge – Introduction, Form and contents of charge, Particulars as to time, place and person, When manner of committing offence must be stated, Words in charge taken in the sense of law under which the offence is punishable, Effect of errors, Alteration of charge and procedure to follow, Recall of witnesses when charge altered, Joinder of charges, Three offences of the same kind within one year may be charged together, Trial for more than one offence when it is doubtful what offence has been committed, When offence proved is included in the offence charged, What persons may be charged jointly, Withdrawal of remaining charges on conviction on one of several charges, Principal Features of Fair Trial – Concept of fair trial, Adversary system, Independent, impartial and competent Judges, Courts to be open, Judge or Magistrate not to be personally interested in the case, Transfer of cases to secure impartial trial, Competent Judges made · available through hierarchy of courts, Qualification of Judges and Magistrates, Parties to be represented by competent lawyers, Representation of the accused by a lawyer, Venue of trial, Presumption of innocence and burden of proof, Rights of accused person at the trial, Expeditious trial, Justice delayed is justice denied.
Unit V — Trial of Warrant Cases, Summons Cases and Summary Trials
Trial of Warrant Cases before a Court of Sessions – Introduction, Parties, Opening case for prosecution, Discharge of accused, Framing of charge, Explaining the charge to accused and inquiry about his plea, Conviction on plea of guilty, Evidence for prosecution, arguments on behalf of prosecution, Examination of the accused, Acquittal of accused after hearing the parties, Evidence for defence, Court witnesses, Arguments, Judgment, Procedure to follow order of conviction Trial of Warrant cases by Magistrates – Cases instituted on a police report – Supply of copies to the accused, Discharge of accused, Framing of charge, Explaining the charge to accused, Conviction on plea of guilty, Evidence for prosecution, Steps to follow prosecution evidence, Evidence for defence, Steps to follow defence evidence – Cases instituted otherwise than on a police report – Preliminary hearing of the prosecution case, Discharge of accused, Framing of charge, Explaining the charge and inquiring the plea, Choice of accused to recall prosecution witnesses, Evidence for prosecution, Evidence for defence, Steps to follow defence evidence, Common provisions regarding conclusion of trial, Acquittal or conviction, Compensation for accusation without reasonable cause, Trial of Summons Cases by Magistrates –Explaining the substance of accusation to accused, Conviction on plea of guilty, Opening of the prosecution case, Personal examination of accused, Hearing of the defence case, Arguments, Special course to be adopted by Magistrates, Acquittal or conviction, Accused can be convicted of an offence not charged, Power of court to convert a summons case into a warrant case, Compensation for accusation without reasonable cause Summary Trials – Magistrates authorized to conduct summary trials, Offences triable summarily, Procedure – ordinary procedure prescribed for trial of summons cases shall be followed, Judgment.
Unit VI — General Provisions as to Inquiries and Trials, Provisions as to Persons of
Unsound Mind, Judgment · General Provisions as to Inquiries and Trials – Person once convicted or acquitted not to be tried for the same offence, Tender of pardon to accomplice, Accused person to be competent witness, Procedure to proceed against other persons appearing to be guilty, Compounding of offences, Conviction or commitment on evidence partly recorded by one Magistrate and partly by another Provisions as to Persons of Unsound Mind - Procedure in case of accused being lunatic, Release of lunatic pending investigation or trial, When accused appears to have been of sound mind, Person acquitted on such ground to be detained in safe custody, Procedure when lunatic detained is fit to be released, Delivery of lunatic to care of relative or friend Judgment – Form and contents, Judgment in abridged form, Post-conviction orders, Analysis of Section 360, Release after admonition, Decisions as to specific punishments – sentence of death, Court not to alter judgment, Copy of judgment to be given to the accused, Judgment when to be translated, Submission of death sentence for confirmation.
Unit VII — Appeals, Reference and Revision, Transfer of Criminal Cases
Appeals - No appeal to lie unless otherwise provided, Appeals from convictions, No appeal in certain cases when accused pleads guilty, No appeal in petty cases, Appeal in case of acquittal, Appeal against conviction by High Court in certain cases, Appeal to Court of Sessions how heard, Procedure when appellant is in jail, Appellate Court may take further evidence or direct it to be taken, Procedure where Judges of Court of Appeal are equally divided, Abatement of appeals, Reference and Revision – Reference to High Court, Calling for records, Power to order inquiry, Power of revision of Sessions Judge/ Additional Sessions Judge, High Court’s power of revision, Power of High Court to withdraw or transfer revision cases, High Court’s order to be certified to the lower court, Transfer of Criminal Cases – Power of Supreme Court to transfer cases and appeals, Power of High Court to transfer cases and appeals, Power of Court of Sessions to transfer cases and appeals, Reasons to be recorded, Execution, Suspension, Remission and Commutation of sentences
Unit VIII — Bail, Limitation for Taking Cognizance of Certain Offences
Bail – Object and meaning of bail, Circumstances in which release on bail is imperative, cases, other than those of non-bailable offences, Right to be released on bail if investigation is not completed within prescribed number of days, Release on bail when trial not concluded within 60 days, Release on bail after conclusion of trial but before the judgment, Discretion of granting bail in case of non-bailable offences, No bail in case of offences punishable with death or life imprisonment, Bail with conditions, Power of High Court or Court of Sessions to grant bail, Discretion to grant bail to person apprehending arrest, Cancellation of bail, Powers of Appellate Court to grant bail Limitation for taking cognizance of certain offences – The object for allowing plea of limitation, Definition, Bar to take cognizance after lapse of period of limitation, Commencement of period of limitation, Exclusion of time in certain cases, Exclusion of date on which court is closed, Continuing offence, Extension of period of limitation in certain cases