crpc-crpc-lecture-notes.pdf

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CRPC - Cr.P.C Lecture Notes
Adminitrative Law Notes - 3rd Semester (Mewar University)
Studocu is not sponsored or endorsed by any college or university
CRPC - Cr.P.C Lecture Notes
Adminitrative Law Notes - 3rd Semester (Mewar University)
Downloaded by Harsh Medhavrata (ul21bb016@stu.xim.edu.in)
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CODE OF CRIMINAL
PROCEDURE, 1973
PRESENTED BY- NISHA CHOUDHARY
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INTRODUCTION
• This act may be called the code of criminal procedure, 1973.
• It came into force on 1st April, 1974.
• It extends to whole of India:
Provided that the provision of this code, other than those relating to chapters
VIII, X and XI thereof, shall not apply-
a) to the state of Nagaland,
b) to the tribal areas,
but the concern state may, by notification apply such provisions or any of
them to the whole or part of the state of Nagaland or such tribal areas as the
case may be , with such supplemental incidental or consequential
modifications, as may be specified in the notification.
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SOME SALIENT FEATURES
1. WHY CODE AND NOT ACT?
• Different statutes and customary principles have been consolidated,
hence Code.
2. IS THE CODE EXHAUSTIVE?
• No, if we read section 4 and 5 conjointly, it says for all the offences of
IPC & all offences under special and local laws, CrPC will be
applicable.
• But, if the Local law or special law has a distinct procedure then the
special law will prevail over the general law i.e CrPC.
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LAW
SUBSTANTIVE
E.g. IPC
(It only defines the offence and its
punishment)
PROCEDURAL
E.g. CrPC
(The process which is to be taken for
reaching upto the stage of punishing,
is dealt by procedural law. All the
criminal cases are dealt by CrPC.)
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Continued…
• Offence has been defined under section 40 of Indian Penal Code as
any act punishable under IPC, local laws or special laws except any
act which is punishable below 6 months.
• Offence has been defined under CRPC Section 2(n) as any act or
omission made punishable by law including a complaint made under
section 20 of cattle trespass act, 1871.
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OFFENCE
BAILABLE & NON-
BAILABLE
COGNIZABLE &
NON-
COGNIZABLE
COMPOUNDABLE
& NON-
COMPOUNDABLE
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SOME IMPORTANT DEFINITIONS
• Bailable offences- they come under the 1st schedule of CrPC. It is a matter
of legal right.
• Non-bailable offences- they are the cases in which usually bail is not given
but under certain conditions it can be given.
• Cognizable offences- there can be arrest without warrant. It is there in the
case of heinous offenses. There is no interference of magistrate or the court.
Unfettered right of police is there.
• Non-cognizable offences- there can be no arrest without warrant.
• Compoundable offences -compromise can be done between the parties.
• Non- compoundable offences -serious offenses in which the compromise
can not be done.
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• Complaint is defined under Section 2(d) of CrPC.
• essentials of a complaint
1. must be made to a magistrate.
2. Must be made with the view or intent that magistrate must take action on it .
3. must contain allegation. (Allegation is the source of complaint )
4. must not be a police report
*complaint deals usually with cognizable and non cognizable offences. Non
cognizable cases are dealt by magistrate but usually it is not possible for common
people to approach magistrate so complaint can be made in the police station and it
is the duty of the officer to take complaint to the magistrate.
The person making complaints should clearly state what he intends and should tell
what he wants.
The police makes the report . Cognizable and non cognizable different type of
complaints come. Police makes the report and submit it to the magistrate when
asked. Police report is not a complaint. Police can file a complaint .
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Difference between complaint and a F.I.R
1. to magistrate 1. to police
2. Maybe both the cognizable and non cognizable 2. only of cognizable offences
3. magistrate takes cognizance 3. police officer starts investigation
4. does not include police report 4. F.I.R maybe given by police officer .
5. Magistrate has to record reasons for his actions.
Here magistrate has the sole power so if he closes a
case he has to state reasons .
5. magistrate need not to record reasons( if police
after investigation finds nothing, magistrate can close
the case.)
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These three stages make procedure
Investigation
Inquiry
Trial
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Continued...
• Section 2(h)- “Investigation” includes all the proceedings under this code
for the collection of evidence conducted by a police officer or any person
(other than a magistrate) who is authorized by a magistrate in this behalf .
• Investigation is the first stage of a criminal case. It is always done by police
officer or any person other than a magistrate but not magistrate.
• Section 2(g)- “inquiry” Means every inquiry, other than a trial, conducted
under this code by a magistrate or a court.
• Inquiry is the second stage an it is done by magistrate or by court. If the
magistrate finds something , trial starts which is the last stage and it results
into either acquittal or conviction the person. Inquiry is a stage where it is
checked whether a case is actually being made or not or any mockery is
done.
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Continued...
Investigation [sec 2(h)] Inquiry [sec 2(g)]
1st stage of a criminal case. 2nd stage of a criminal case.
Its object is to collect evidence for the purpose of
prosecution.
Its object is to determine the truth or falsity of certain
facts, so that further action may be taken.
Investigation begins by a process of collection of
materials and for that purpose inspection is must and
this inspection is done by a police officer
the process begins after investigation. It being begins
by interrogation and not by inspection.
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Difference between Inquiry And Trial
Inquiry Trial
Does not mean inquiry into an offence. Existence of an offence is primary.
It never ends in acquittal or conviction. It always ends in acquittal or conviction.
It is the 2nd stage of crime. It is the 3rd stage of crime.
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Difference between Investigation and Tial
• In investigation there is unfettered right of police officer.
• No interference of court or magistrate.
• It is an administrative process.
Investigation Trial
It is 1st stage. It is the 3rd stage.
It is an administrative process. It is a judicial process.
It is done by police officer. It is done by magistrate or court.
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Continued…
• Summons- case- Sec 2(w)- means a case relating to an offence, and
not being a warrant-case.
• Warrant -case- Sec 2(x)- case relating to an offence punishable with
death, life imprisonment or exceeding two years.
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Continued…
Sec 2(wa)-victim- 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.
Sec 2 (b)- Charge-includes any head of charge when the charge contains more
heads than one.
• The charges framed by the court, after prima facie case about certain offence or
offences having been committed by the accused is disclosed in criminal
investigation.
• It includes any head of charge when the charge contains Morehead than one. The
charge is not defined in the code. In law the charge is precise formulation of
specific accusation made against a person who is entitled to know its nature
at the earliest stage. It is formulated against accused after inquiry. The charge
must be specific and precise. In summary/sommon-case trial , framing of formal
charges are not necessary, but in warrant cases, it is necessary.
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Continued…
• Discharge- when prosecution and defence is not able to come to a
conclusion or when nothing is proved, the person is discharged. When
something new comes before the court, the case is opened again. There is no
double jeopardy.
• Acquittal – when the court comes to a specific conclusion and something is
proved. The person in this case is acquitted. Double jeopardy exists here
and the same case cannot be brought again. It is protected by double
jeopardy.
• Bail- release from legal custody . It is also the security taken for
appearance. There is no specified amount of bail.
• Anticipatory bail- it is granted only by sessions court and High Court. It is
the discretionary power of the court . It is for non-bailable offenses.
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Classes of criminal courts (section 6 )
• Besides the high courts and the courts constituted under any law, other
than the code of criminal procedure, there are four classes of criminal
courts in India, namely
1. court of sessions
2. judicial magistrate of 1st class and, in any Metropolitan area,
Metropolitan magistrates
3. judicial magistrate of 2nd class and
4. executive magistrate
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Territorial Division (Section 7)
1.Every state shall be a sessions division or shall consist of sessions divisions
- and every sessions division shall for the purposes of this code, be a district
or consists of districts.
Provided that every Metropolitan area shall, for the said purposes, be a
separate sessions division an district.
2.The state government may, after consultation with the High Court, alter the
limits or the numbers of such divisions and districts.
3.The state government, after consultation with the High Court , divide any
district into subdivisions and may alter the limits or the number of such
subdivisions.
4.The sessions division, districts and subdivisions existing in a state at the
commencement of this code, shall be deemed to have been formed under this
section.
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Metropolitan area (Section 8 )
• the state government may, by notification, declare that, as from such date as may be
prescribed in the notification, any area in the state compromising a city or town whose
population exceeds 1 million shall be a Metropolitan area for the purpose of the code.
• Section 8(2) provides that from the commencement of this code presidency- town of
Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be a
Metropolitan area.
• Section 8(3), the state government may extend, reduce or alter the limits of the
Metropolitan area but the reduction or alteration shall not be so made as to reduce the
population of such area to less than 1,000,000.
• Where after declaration of an area to be a Metropolitan area population of such area falls
below 1 million such area shall on and from such date as a state government may by
notification, specify, ceased to be a Metropolitan area, but notwithstanding such cessor,
any inquiry, trial or appeal pending immediately before such cesser before any court or
magistrate in such areas shall continue to be dealt with under the court, as if such cessor
had not taken place.
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Court of session (section 9)
• state government shall establish a court of session for every sessions
division. The sessions court is to be presided over by a judge appointed by
the High Court. The High Court may also appoint additional sessions judges
and assistant sessions judges to exercise jurisdiction in court of session.
• An assistant session judge is subordinate to the session judge. Session judge
of one division may also be appointed as additional session judges of
another division by the High Court.
• Where office of sessions judges vacant, the High Court may make
arrangements for the disposal of any urgent application which is or may be
made or pending before such court of sessions by an additional or assistant
session judge, if there be no additional session judged by a chief judicial
magistrate, in the sessions division.
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Courts of judicial magistrate (section 11)
• section 11(1) provides that in every district the state government may, after
consultation with the High Court, establish as many courts of judicial
magistrate of 1st class and of the second class as it may consider necessary.
• The proviso to section 11(1) provides that the state government may also,
after consultation with the High Court, establish, for any local area, one or
more special courts of judicial magistrate of 1st class or of the second class
to try any particular case or particular class of cases . The courts will not be
given any other work in C RPC.
• According to section 11(2) the presiding officers of such courts including
the special courts are to be appointed by High courts. Thus it is clear that
the state government has no authority to appoint the judicial magistrate.
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Judicial magistrate and additional chief
judicial magistrate, etc (section 12)
• The High Court is also required to appoint a judicial magistrate of 1st
class to be called chief judicial magistrate(C.J.M) of the district. His
main function is to guide, supervise and control other judicial
magistrates.
• he may also try important cases. The judicial magistrate of First Class
may also be appointed as additional chief judicial magistrate and such
magistrate shall have all or any of the power of C.J.M as directed by
the High Court.
• C.J.M is subordinate to session judge and every other judicial
magistrate is subordinate to C.J.M but subject to general control of the
session judge.
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Special judicial magistrates section 13
• this section makes provisions for special judicial magistrate.
• According to subsection(1)-The High Court may, if requested by central or state
government so to do, confer upon any person who holds or has held any post
under the government, all or any of the power, comfort or conferrable by or under
the code on a judicial magistrate of 1st class or second class, in respect to
particular cases, in any local area, not being a Metropolitan area,
• provided that no such power shall be conferred on a person unless he possesses
such qualification or experience in relation to legal affairs as the High Court may
by rule specify.
• According to subsection(2) of section 13 such magistrate shall be appointed for
such term, not exceeding one year at a time, as the High Court may direct, and as
per section 13(3) the High Court may empower a special judicial magistrate to
exercise the power of a Metropolitan magistrate in relation to any Metropolitan
area outside his local jurisdiction.
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Courts of Metropolitan magistrate (section16)
For Metropolitan areas, the state government after consultation with the
High Court miss establish such court of Metropolitan magistrate at such
places and in such numbers as it deems fit. The presiding officers of
these courts are appointed by the High Court and not by the state
government.
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chief metropolitan magistrate and additional
chief metropolitan magistrate (section17)
• in Metropolitan area the High Court appoints a Metropolitan
magistrate as chief Metropolitan magistrate . It may also appoint
additional chief Metropolitan magistrate who shall generally have all
the powers of chief Metropolitan magistrate.
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Special Metropolitan magistrate (section 18)
• this section makes provisions for the conferment upon any person all
or any powers conferred or conferrable by or under this code on a
Metropolitan magistrate in respect to particular cases or to particular
classes of cases in any Metropolitan area within its local jurisdiction.
• Such magistrate shall be called special Metropolitan magistrate and
shall be appointed for the term, not exceeding one year at a time , as
the High Court may by general or special order direct.
• The High Court or the state government, as the case may be, may
empower any special Metropolitan magistrate to exercise, in any local
area outside the Metropolitan area, the powers of the judicial
magistrate of the first class.
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Executive magistrate (section 20 and 21)
• Section 20 -the executive magistrates are appointed by the state
government for every district and Metropolitan area and one of them is
appointed as district magistrate. The state government may also
appoint additional district magistrate who shall have such powers as
are given to DM under this code or any other law as may be directed
by the state government.
• Section 21 makes provision for the appointment etc of special
executive magistrate. The task of appointment is on the state
government and is at his discretion. It may confer on such magistrates
such powers as are conferable under this code an executive magistrate
as it may deem fit.
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Public prosecutor (section 24 )
• public prosecutor is a person appointed by the government i.e. central or
state government and represent the state in criminal offences.
• Public prosecutor for High Court can be appointed by both central
government and state government . He represents the case in sessions court
an High Court.
• Qualification- seven years of advocate experience.
• The central government or the state government may appoint, for the
purposes of any case or class of cases, a person who has been in practice as
an advocate for not less than 10 years as a special public prosecutor:
• provided that the court may permit the victim to engage an advocate of his
choice to assist the prosecution under this subsection.
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Assistant public prosecutor (section 25)
• assistant public prosecutor is appointed by state government. It represents
the state only in magistrate courts i.e. judicial magistrate , chief judicial
magistrate etc
• Qualification -seven years of experience as an advocate.
• Then no assistant public prosecutor is available for the purposes of any
particular case, the district magistrate may appoint any other person to be
the assistant public prosecutor in charge of that case:
provided that a police officer shall not be so appointed-
a) if he has taken any part in the investigation into the offense with respect
to which the accused is being prosecuted; or
b) if he is below the rank of inspector.
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Directorate of prosecutors section 25(A)
• The state government may establish a Directorate of prosecution consisting
of a director of prosecution and as many deputy directors of prosecution as
it thinks fit.
• A person shall be eligible to be appointed as director of prosecution or a
deputy director of prosecution, only if he has been in practice as an
advocate for not less than 10 years and such appointment shall be made
with the concurrence of the Chief Justice of High Court.
• The head of Directorate of prosecution shall be the director of prosecution ,
who shall function under the administrative control of the head of home
Department in the state.
• Every deputy director of prosecution shall be subordinate to the director of
prosecution.
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Continued…
• Every Public prosecutor, additional public prosecutor and special public
prosecutor appointed by the state government under subsection(1) or as the case
may be, subsection (8), of section 24 to conduct cases in High Court shall be
subordinate to the director of prosecution.
• Every public prosecutor, additional public prosecutor and special public
prosecutor appointed by the state government under subsection (3), or as the case
may be, subsection (8), section 24 to conduct cases in district courts and every
assistant public prosecutor appointed under subsection (1) of section 25 shall be
subordinate to the deputy director of prosecution.
• The powers and functions of the director of prosecution and deputy directors of
prosecution and the areas for which each of the deputy directors of the prosecution
have been appointed shall be such as the state government may, by notification,
specify.
• The provision of this section shall not apply to the Advocate General for the state
while performing the function of a public prosecutor.
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Qualification of the prosecutors
1. director of prosecution or
deputy director prosecutor
2. public prosecutor or additional
public prosecutor
3. special public prosecutor
4. assistant public prosecutor
1. worked at least 10 years as an
advocate.
2. Worked at least seven years as
an advocate.
3. Worked at least 10 years as an
advocate.
4. As may be prescribed.
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Power of courts
1. High Court
2. session judge and additional session
judge
3. assistant session judge
4. chief judicial magistrate and chief
Metropolitan magistrate
5. First class judicial magistrate and
6. second class judicial magistrate
special judicial magistrate, special
• any sentence authorized by law.
• Any sentence authorized by law, but
sentence of death is subject to the
confirmation by the High Court.
• Imprisonment up to 10 years fine
authorized by law.
• Imprisonment up to seven years fine
authorized by law.
• Imprisonment up to three years fine
up to ₹10,000 authorized by law.
• imprisonment up to one year fine up
to ₹5000 authorized by law.
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Section 30 imprisonment in default of
payment of fine
• This section provides that in case the accused defaults in payment of
the fine then he shall be under imprisonment for a further term
equivalent to 1/4 of the term of the imprisonment which the magistrate
had passed. The imprisonment awarded under this section may be in
addition towards substantive sentence of imprisonment for the
maximum term awardable by the magistrate under section 29.
• For example: the accused was sentenced to two years imprisonment as
well as fine of rupees 5000. But he defaulted in paying the fine. He
shall be behind bars for a term of 2 1/2 years (one quarters of two
years of six months )read with section 65 of IPC.
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section 31- several offenses at one trial
• if two or more offenses are proved at one trial, then the sentence will be
given consecutively one after another unless the court makes it concurrently
(parallely).
• Example theft and hurt is committed . All these imprisonment will go one
after one another. E.g. 2+1=3 years
• a judge cannot give punishment twice its jurisdiction.
• E.g. C.J.M has power to give punishment of more than seven years then he
can give maximum punishment of 14years (7x2=14). If a person commits
two offenses, his punishment for both offences shall not be more than 14
years.
• Assistant sessions judge can give maximum punishment for two offenses
not more than 14 years . (But according to twice the jurisdiction rule he can
give 20 years of punishment i.e. 10x2=20)
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Process to compel appearance
Summons (section 61 to 69)
• Summons (essentials ) [section 61]
1. in writing
2. in duplicate
3. signed by presiding officer of the court
4. must be sealed
5. specify the offence
6. state the place, date and time
(there is no limit of issuing of summons )
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Summons how served (Section 62)
1. served by police officer or public servant or officer of the court
2. Served personally (officer will go himself and give sommons)
3. person receiving shall sign on duplicate.
4. Refusal to accept summon is also acceptance. (If the person is not at
home, then summon will be issued again but if a person refuses to
take summon, it would be deemed to be accepted).
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Continued…
• section 63 –on Corporation (include societies )
1. Secretary , local manager, principal officer
2. registered post
• section 64 –when person summoned not found, service of
summons to-
1. adult male member of the family
2. servant is not family
3. receiving to be taken .
*Section 62, 63, 64 - direct or personal service
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Continued…
• section 65 -When service cannot be effected as before provided -
1. shall affix copy on conspicuous part of the house in which summoned person
resides. (When summons has been sent before a number of times , then it is
affixed )
2. courts may declare summons received or may issue fresh sommons.(it is the
discretion of the court )
• Section 66 service of summons on government servant
1. send it to the head of the office (summons or warrant is given to the head officer
and Such head shall thereupon cause the summons to be served in the manner
provided by section 62 , and shall return it to the court under his signature with
the endorsement required by that section.
2. Refusal to service summons by superior (head office )amounts to contempt of
court. (As it is the duty of government servant to take up the service )
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• section 67- service of summons outside local limits
When the court desires that summon issued by it shall be served at any
place outside its local jurisdiction, it shall ordinarily send the said
summon in duplicate to a magistrate within whose local jurisdiction the
person summoned resides, or is, to be there served.
• Sections 68- proof of summons in case where serving officer is not
present
1. affidavit of serving officer
2. affidavit shall be addressed with duplicate of summon
3. admissible in evidence until contrary is proved (if the party says that
summon was not delivered than it is to be proved by defense )
• section 69- service of summon on witness by post
1. by registered post or direct summons can be sent to the witness
2. if the witness refuses, the court issuing the summon may declare that
summon has been duly served.
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Warrant of Arrest (section 70 to 81)
• It is a drastic step to compel appearance of a person before the court and is issued
when an accused is punishable with imprisonment exceeding two years.
• Ingredients of valid warrant:
As per section 70, following other requisite of valid warrant (refer to form two of
2nd schedule ):
1. warrant must be in writing
2. it must give full name an address of the person who has to execute it
3. it must clearly specify the offence
4. it must give name and description of the person to be arrested
5. it must bear seal of court
6. it must be signed by presiding officer. Warrant remains in force until executed
or cancelled by court.
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• Section 71 provides for issuance of bailable warrant. Warrant containing direction that if an
arrested person executes a bond and gives security for attendance in the court, shall be released,
called bailable warrant , bailable warrant can be issued in both bailable and non bailable offences.
• Section 72 ordinarily, warrant is directed to one or more police officers but section 72 provide that
warrant may be directed to persons other than police officers if:
a) There is necessity for immediate arrest ; And
b) no police officer is immediately available.
• Section 73 provides that warrant may be addressed to any person within local jurisdiction for arrest
of
a) any escaped convict, or
b) proclaimed offender, or
c) person accused of non bailable offence and is avoiding arrest.
• Issuance of warrant to person residing in Dubai for interrogation has been held to be illegal and
without jurisdiction because that person was neither an escaped convict nor a proclaimed offender
and was not evading arrest.
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Mode of execution of warrant
• section 74 Provides that a police officer is competent to execute warrant
under endorsement from other police officer. Endorsement must be in the
name of the police officer and not by his designation. Arrest without such
endorsement is illegal.
• Section 75 provides that executive officer should notify the substance of
warrant to the person to be arrested . The police officer must not proceed to
make arrest unless he is in possession of the warrant of arrest because the
person to be arrested has a right to see it.
• Section 76 provides that an arrested person should be produced before the
court without unnecessary delay and it should not exceed beyond 24 hours
excluding journey time from place of arrest to the court.
• Section 77 lays down that warrant of arrest may be executed at any place in
India.
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Sections 78 to 81 lays down the procedure for execution of
warrant of arrest outside the local jurisdiction of issuing court.
Section 78: It is obligatory for the court issuing warrant of arrest to forward
substance of information along with Warrant. This will enable the court before
whom such person is produced to decide whether bail may or may not be granted
having applied his mind as to the legality of the warrant and authorized the arrest
outside the jurisdiction of the court which had issued the warrant.
• According to section 78 when a warrant is to be executed outside the local
jurisdiction of the court issuing it, such court may forward it by post or otherwise
to:
i. any executive magistrate; Or
ii. district Superintendent of police; Or
iii. Commissioner of Police within the local limits of whose jurisdiction it is to be
executed and such magistrate, Superintendent or commissioner shall endorse
his name on the warrant and cause the same to be executed.
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• Section 79 this section provides that a police officer to whom a warrant is
directed for execution outside the local limits of the jurisdiction of the court
issuing the same, must execute it in accordance with the provisions of this
section, and should not endorse it to any other be police officer discharging
duties outside the limits of the jurisdiction of the court issuing it. If the court
issuing the warrant of arrest desires that procedure laid down in section 74
be adopted, it should send the warrant by post or otherwise to one of the
authorities specified in section 78 of the court.
• Section 80 lays down that when a warrant is executed outside the district,
the person arrested must be taken before a magistrate/DSP/commissioner of
police, unless the issuing court is within 30 kilometer of the place of arrest
or is nearer than the magistrate, DSP, Commissioner of Police.
• Section 81 provides the procedure to be followed by the executive
magistrate before whom arrested person is produced.
• Proviso empower CJM/session judge to release the person on bail even if an
offence is non-bailable on consideration of accompanying information and
documents. The court where surrender is made, has no territorial
jurisdiction to grant bail.
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Proclamation and attachment (section 82 –
86)
• (1) If any Court has reason to believe (whether after taking evidence or not) that any person against
whom a warrant has been issued by it has absconded or is concealing himself so that such warrant
cannot be executed, such Court may publish a written proclamation requiring him to appear at a
specified place and at a specified time not less than thirty days from the date of publishing such
proclamation.
• (2) The proclamation shall be published as follows:—
• (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such
person ordinarily resides;
• (b) it shall be affixed to some conspicuous part of the house or homestead in which such person
ordinarily resides or to some conspicuous place of such town or village;
• (c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
• (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily
newspaper circulating in the place in which such person ordinarily resides.
• (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation
was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall
be conclusive evidence that the requirements of this section have been complied with, and that the
proclamation was published on such day
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Continued ...
• Subsection( 4): where a proclamation published under subsection(1) in
is in respect of a person accused of an offence punishable under
section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, the
specified place and the time required by the proclamation, the court
may, after making such inquiry as it thinks fit, pronounce him a
proclaimed offender and make a declaration to that effect.
• Subsection( 5) : the provision of subsection (2) and (3) shall apply to a
declaration made by the court under subsection( 4) as they apply to the
proclamation published on the subsection (1).
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Continued …
• Section 83 intends to penalise the person avoiding arrest under warrant and
against whom a proclamation under section 82 has been issued. Main object of the
attachment of property of absconder is to compel his appearance. So long as
property is not disposed of, its title continue to vest in the owner and thereafter in
his successors. Attachment proceeding under section 83 can be initiated only by
the court which has issued valid proclamation. Property can be attached any time
after issuance of proclamation. The court may order attachment simultaneously
with the issue of proclamation if proclaimed offender:
1. is likely to dispose of whole or part of property or
2. he is about to remove it from local jurisdiction of the court.
• if the attached property is joint Hindu family property, then receiver has to be
appointed to collect the share of absconder. If the attached property consist of
livestock or perishables, immediate sale is provided under subsection (5).
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Continued…
• Section 84 provides the procedure regarding claim/objections in respect of the property attached.
The court may inquire into the claims /objection and can either allow or reject them. And affected
party should be given full opportunity to contest the proceedings. Order should not be passed in the
absence of the party concerned. Objection within 6 months from the date of attachment.
• Section 85 (1) provides that the proclaimed person if appear within specified time, the court must
order release of property from attachment. If he fails to do so the property will be at the disposal of
the state government, but it cannot be sold until the expiry of 6 months from the date of
attachment.
• remedy is available to aggrieved person: if claim is allowed within one year Institute a suit from
the date of order:
1. Claim or objection (section 84)
2. civil suit to establish claim (section 84)
3. appeal (section 86)
4. revision application under certain circumstances (section 397 )
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continued...
Warrant In Lieu Of/In Addition To Summon (Section 87 )
• section 87 gives power to the court to issue warrant in case where it
has power to issue summons . Warrant can be issued in the following
circumstances:-
1. where the court has a reason to believe that person summoned has
absconded or will disobey the summons,
2. where accused /witness summoned has failed to appear before the
court. It is mandatory to record reasons in writing for issuing
warrant in lieu of/addition to, summons. Omission to follow this
mandatory requirement is an irregularity, not curable by section 465
of this code.
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Continued…
• Section 88 provides that if a person against whom sommon/warrant is
to be issued is present in the court, the presiding officer of the court
may requires such person to execute bond with or without sureties, for
appearance in the court. Where a person is already under arrest and in
custody, his appearance does not depend on his own valuation, but
depend on the valuation of person who has his custody.
• Section 89 provides that presiding officer of the court has power to
cancel bond and rearrest the accused /witness, if he fails to appear at
the time when he's bound to appear.
• section 90 provides that provision of this chapter shall generally apply
to summons and warrant of arrest issued under this code.
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PROCESSES TO COMPEL THE PRODUCTION
OF THINGS
• A.—Summons to produce
• 91. Summons to produce document or other thing.—
• (1) Whenever any Court or any officer in charge of a police station considers that the production of
any document or other thing is necessary or desirable for the purposes of any investigation, inquiry,
trial or other proceeding under this Code by or before such Court or officer, such Court may issue a
summons, or such officer a written order, to the person in whose possession or power such
document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the
time and place stated in the summons or order.
• (2) Any person required under this section merely to produce a document or other thing shall be
deemed to have complied with the requisition if he causes such document or thing to be produced
instead of attending personally to produce the same.
• (3) Nothing in this section shall be deemed— (a) to affect sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or (b) to
apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the
postal or telegraph authority.
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Continued…
• 92. Procedure as to letters and telegrams.—(1) If any document, parcel or
thing in the custody of a postal or telegraph authority is, in the opinion of
the District Magistrate, Chief Judicial Magistrate, Court of Session or High
Court wanted for the purpose of any investigation, inquiry, trial or other
proceeding under this Code, such Magistrate or Court may require the
postal or telegraph authority, as the case may be, to deliver the document,
parcel or thing to such person as the Magistrate or Court directs.
• (2) If any such document, parcel or thing is, in the opinion of any other
Magistrate, whether Executive or Judicial, or of any Commissioner of
Police or District Superintendent of Police, wanted for any such purpose, he
may require the postal or telegraph authority, as the case may be, to cause
search to be made for and to detain such document, parcel or thing pending
the order of a District Magistrate, Chief Judicial Magistrate or Court under
sub-section (1).
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Continued…
• B.—Search-warrants
• 93. When search-warrant may be issued.—
• (1) (a) Where any Court has reason to believe that a person to whom a summons order under section 91 or a
requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce
the document or thing as required by such summons or requisition, or
• (b) where such document or thing is not known to the Court to be in the possession of any person, or
• (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will
be served by a general search or inspection, it may issue a search-warrant; and the person to whom such
warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
• (2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the
search or inspection shall extend; and the person charged with the execution of such warrant shall then search
or inspect only the place or part so specified.
• (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief
Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the
postal or telegraph authority.
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Continued…
94. Search of place suspected to contain stolen property, forged documents, etc.—
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon
information and after such inquiry as he thinks necessary, has reason to believe that any place is used
for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable
article to which this section applies, or that any such objectionable article is deposited in any place,
he may by warrant authorise any police officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be
stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the
offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears
to have been privy to the deposit, sale or production of any such property or article knowing or
having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable
article to which this section applies.
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Continued…
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of
1889), or brought into India in contravention of any notification for the time
being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of
1860); (g) instruments or materials used for the production of any of the
articles mentioned in clauses (a) to (f).
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Continued…
95. Power to declare certain publications forfeited and to issue search-warrants for the same.—
(1) Where—
(a) any newspaper, or book, or
(b) any document,
wherever printed, appears to the State Government to contain any matter the publication of which is punishable
under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian
Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare
every copy of the issue of the newspaper containing such matter, and every copy of such book or other
document to be forfeited to Government, and thereupon any police officer may seize the same wherever found
in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to
enter upon and search for the same in any premises where any copy of such issue, or any such book or other
document may be or may be reasonably suspected to be.
(2) In this section and in section 96,—
(a) “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25
of 1867);
(b) (b) “document” includes any painting, drawing or photograph, or other visible representation.
(3) No order passed or action taken under this section shall be called in question in any Court otherwise than in
accordance with the provisions of section 96
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Continued…
• 96. Application to High Court to set aside declaration of forfeiture.—
• (1) Any person having any interest in any newspaper, book or other document, in respect of which a
declaration of forfeiture has been made under section 95, may, within two months from the date of publication
in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground
that the issue of the newspaper, or the book or other document, in respect of which the declaration was made,
did not contain any such matter as is referred to in sub-section (1) of section 95.
• (2) Every such application shall, where the High Court consists of three or more Judges, be heard and
determined by a Special Bench of the High Court composed of three Judges and where the High Court
consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
• (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may
be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations
contained in such newspaper, in respect of which the declaration of forfeiture was made.
• (4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document,
in respect of which the application has been made, contained any such matter as is referred to in sub-section
(1) of section 95, set aside the declaration of forfeiture.
• (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be
in accordance with the opinion of the majority of those Judges
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Continued…
• 97. Search for persons wrongfully confined.—If any District Magistrate, Sub-
divisional Magistrate or Magistrate of the first class has reason to believe that any
person is confined under such circumstances that the confinement amounts to an
offence, he may issue a search-warrant, and the person to whom such warrant is
directed may search for the person so confined; and such search shall be made in
accordance therewith, and the person, if found, shall be immediately taken before
a Magistrate, who shall make such order as in the circumstances of the case seems
proper.
• 98. Power to compel restoration of abducted females.—Upon complaint made
on oath of the abduction or unlawful detention of a woman, or a female child
under the age of eighteen years for any unlawful purpose, a District Magistrate,
Sub-divisional Magistrate or Magistrate of the first class may make an order for
the immediate restoration of such woman to her liberty, or of such female child to
her husband, parent, guardian or other person having the lawful charge of such
child, and may compel compliance with such order, using such force as may be
necessary.
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Continued…
• 99. Direction, etc., of search-warrants.—The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be,
apply to all search-warrants issued under section 93, section 94, section 95 or section 97.
• 100. Persons in charge of closed place to allow search.—
• (1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in
charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the
warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
• (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the
manner provided by sub-section (2) of section 47.
• (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which
search should be made, such person may be searched and if such person is a woman, the search shall be made by another
woman with strict regard to decency.
• (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more
independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if
no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search
and may issue an order in writing to them or any of them so to do.
• (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places
in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no
person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially
summoned by it.
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Continued…
(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be
permitted to attend during the search, and a copy of the list prepared under this section, signed by the
said witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be
prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search
under this section, when called upon to do so by an order in writing delivered or tendered to him,
shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of
1860).
101. Disposal of things found in search beyond jurisdiction.—When, in the execution of a search-
warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the
things for which search is made, are found, such things, together with the list of the same prepared
under the provisions hereinafter contained, shall be immediately taken before the Court issuing the
warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court,
in which case the list and things shall be immediately taken before such Magistrate; and, unless there
be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to
such Court.
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Arrest of persons and rights of arrested
persons
• what is the arrest?
The word arrest when used in its ordinary and natural sense means apprehension
or restraint or deprivation of one's personal Liberty. When it is used in legal
sense in the procedure connected with a criminal offence. An arrest consist taking
into custody another person under authority empowered by law for the purpose of
holding or for detaining him to answer a criminal charge or prevent the
Commission of criminal offence.
• why arrests are made?
one of the essential feature of fair trial requires start the trial proceedings should
be conducted in the presence of accused and he should be given a fair chance to
defend himself. After trial is over and if the accused Is found guilty , he must be
available in person to receive the punishment. For this , the presence of accused is
necessary during the trial. The presence of accused can be ensured by arresting
and detaining him during the trial.
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Continued…
objects of arrest
a) so as to secure the attendance of the accused in trial,
b) as a preventive measure,
c) so as to obtain correct name and address of the accused,
d) For retaking a person escaped from the lawful custody,
e) so as to remove obstruction of police and execution of their duties
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Difference between arrest and custody:
Arrest
1. arrest is mode of formally taking
a person in a police custody.
2. in every arrest there is a custody.
3. arrest is always complete. It can
never be partial.
Custody
1. Custody merely denotes
surveillance or restriction on the
movement of person concerned.
2. in every custody arrest is not
must. Though custody may
amount to arrest in certain
circumstances.
3. custody of a person can be
complete or partial .
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How is an arrest made?
• According to section 46, when any portion of the body is touched, it
amounts to arrest. Arrest is made by actually touching confining the
body of person unless, the person is ready to submit himself to the
police officer. An oral declaration without actual contact or submission
to the custody will not amount to arrest. CrPC contemplate different
types of arrest. They are:
1. Arrest by police
2. arrest by private person
3. arrest made by magistrate
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When police officer may arrest without
warrant section 41
1. any person who commits cognizable offense in the presence of police officer.
2. any person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable
suspicion exists that he has committed a cognizable offense punishable with imprisonment for a term which may be less than 7
years or which may extend to 7 years whether with or without fine, if the following condition are satisfied, namely:-
i. the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed
the said offense;
ii. the police officer is satisfied that such arrest is necessary-
a) to prevent such person from committing any further offense ; or
b) for proper investigation of the offence; Or
c) to prevent such person from causing the evidence of the offense to disappear or tampering with such evidence in any manner;
Or
d) to prevent such person from making any inducement, threat or promise to any person acquainted with facts of the case so as to
dissuade him from disclosing such facts to the court or to the police officer; or
e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police official record
while making such arrest, his reason in writing: provided that a police officer shall, in all cases where the arrest of the person is
not required under the provision of this subsection, record the reason in writing for not making the rest.
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Continued…
3. any person against whom incredible information has been received that he has committed
a cognizable offence punishable with imprisonment for a term which may extend to more
than 7 years whether with without fine or with the death sentence and the police officer has
reason to believe on the basis of that information that such person has committed the said
offense;
4. a proclaimed offender
5.any personal possession of property reasonably suspected to be stolen, and who may be
reasonably suspected of having committed an offense with reference to such property.
6.Any person obstructing a police officer in discharge of his duties or any person who has
escaped from lawful custody ;
7.Any deserter from any of the armed forces of the union.
8.Any person Concerned or reasonably suspected to be concerned in any act committed at a
place outside India which if committed in India would be punishable as an offense for
which he would be liable to be apprehended or detained in custody in India;
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Continued…
9. Any released convert committing a breach of any rule made under section 356(5) of
CrPC, which relates to notification of residence .
Any person who is released on bail can be arrested again if he breaches any condition or
rule.
10.For whose arrest requisition has been received from another police officer authorized to
arrest him without a warrant.
e.g. A person commits a crime in Delhi and comes to Ghaziabad. Now Delhi Police does not
have jurisdiction in Ghaziabad. Delhi Police will send requisition to Ghaziabad police and
Ghaziabad police will arrest the person on the behalf of Delhi Police or a permission will be
granted by Ghaziabad police to Delhi Police to arrest the person.
• Section 41(2) Subject to the provisions of section 42, no person concerned in a non-
cognizable offence or against whom a complaint has been made or credible information
has been received or reasonable suspicion exists of his having so concerned, shall be
arrested except under a warrant or order of a Magistrate.
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Guidelines to arrest judicial officer
• In Delhi judicial services assn versus state of Gujarat, it was held that if a judicial officer is arrested then
following guideline should be followed:
1. It should be done under intimation to the District Judge or High Court.
2. If it is necessary to arrest him immediately then a technical and formal arrest may be affected.
3. This fact should be immediately communicated to the district, session judge and Chief Justice of the High
Court.
4. Judicial officer shall not be taken to the police station without order /direction of the district and session
judge.
5. Immediate facility should be provided to communicate with family members; Legal advisors, judicial
officers including the district and session judge.
6. No statement, no panchnama, no medical test can be conducted without the presence of legal adviser or
another judicial officer of similar or higher rank.
7. No handcuffing of judicial officer is permissible but if resistance is there or to avoid danger to the right or
limb of the arresting person then handcuffing may be done.
• Thus in brief it can be said that, generally there is no arrest of judicial officer without the order or intimation
of District Judge or the High Court but if it is necessary then he should not be taken to the police station. He
should not be handcuffed and should be allowed to communicate with legal adviser and family members.
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Notice Of Appearance Before Police Officer
(Section 41A)
• The police officer shall in all cases where the arrest of a person is not required under the
provision of subsection
1. Of section 41, issue of notice directing the person against whom a reasonable
complaint has been made, or a credible information has been received, or a reasonable
suspicion exists that he has committed a cognizable offense, to appear before him or at
such other place as may be specified in the notice.
2. Where such a notice is issued to any person, it shall be the duty of the person to comply
with the terms of the notice.
3. Where such person complies and continue to comply with the notice, he shall not be
arrested in respect of the offence referred to in the notice unless, for reasons to be
recorded, the police officer is of the opinion that he ought to be arrested.
4. Where such person, at anytime, fails to comply with the terms of the notice or he is
unwilling to identify himself, the police officer may, subject to the orders as may have
been passed by a competent court in this behalf, arrest him for the offense mentioned in
the notice.
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Procedure of arrest and duties of officer
making arrest (section 41B)
Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will
facilitate easy identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the
person arrested or a respectable member of the locality where the arrest is
made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a
member of his family, that he has a right to have a relative or a friend named
by him to be informed of his arrest.
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41C. Control room at districts.
• (1) The State Government shall establish a police control room—
(a) in every district; and
(b) at State level.
(2) The State Government shall cause to be displayed on the notice board kept
outside the control rooms at every district, the names and addresses of the
persons arrested and the name and designation of the police officers who
made the arrests.
(3) The control room at the Police Headquarters at the State level shall collect
from time to time, details about the persons arrested, nature of the offence
with which they are charged and maintain a database for the information of
the general public.
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41D. Right of arrested person to meet an
advocate of his choice during interrogation.—
• When any person is arrested and interrogated by the police, he shall be
entitled to meet an advocate of his choice during interrogation, though
not throughout interrogation.
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42. Arrest on refusal to give name and
residence.
(1) When any person who, in the presence of a police officer, has committed or has
been accused of committing a non-cognizable offence refuses, on demand of
such officer, to give his name and residence or gives a name or residence which
such officer has reason to believe to be false, he may be arrested by such officer
in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he
shall be released on his executing a bond, with or without sureties, to appear
before a Magistrate if so required: Provided that, if such person is not resident
in India, the bond shall be secured by a surety or sureties resident in India.
(3) Should the true name and residence of such person not be ascertained within
twenty-four hours from the time of arrest or should he fail to execute the bond,
or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded
to the nearest Magistrate having jurisdiction.
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43. Arrest by private person and procedure on
such arrest
• (1) Any private person may arrest or cause to be arrested any person who in
his presence commits a non-bailable and cognizable offence, or any
proclaimed offender, and, without unnecessary delay, shall make over or
cause to be made over any person so arrested to a police officer, or, in the
absence of a police officer, take such person or cause him to be taken in
custody to the nearest police station.
• (2) If there is reason to believe that such person comes under the provisions
of section 41, a police officer shall re-arrest him.
• (3) If there is reason to believe that he has committed a non-cognizable
offence, and he refuses on the demand of a police officer to give his name
and residence, or gives a name or residence which such officer has reason to
believe to be false, he shall be dealt with under the provisions of section 42;
but if there is no sufficient reason to believe that he has committed any
offence, he shall be at once released.
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44. Arrest by Magistrate.—
(1) When any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may
himself arrest or order any person to arrest the offender, and may
thereupon, subject to the provisions herein contained as to bail,
commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time
arrest or direct the arrest, in his presence, within his local
jurisdiction, of any person for whose arrest he is competent at the
time and in the circumstances to issue a warrant.
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45. Protection of members of the Armed
Forces from arrest
(1) Notwithstanding anything contained in sections 41 to 44 (both
inclusive), no member of the Armed Forces of the Union shall be
arrested for anything done or purported to be done by him in the
discharge of his official duties except after obtaining the consent of
the Central Government.
(2) The State Government may, by notification, direct that the
provisions of sub-section (1) shall apply to such class or category of
the members of the Force charged with the maintenance of public
order as may be specified therein, wherever they may be serving,
and thereupon the provisions of that sub-section shall apply as if for
the expression “Central Government” occurring therein, the
expression “State Government” were substituted.
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46. Arrest how made
(1) In making an arrest the police officer or other person making the same shall actually
touch or confine the body of the person to be arrested, unless there be a submission to the
custody by word or action:
[Provided that where a woman is to be arrested, unless the circumstances indicate to the
contrary, her submission to custody on an oral intimation of arrest shall be presumed and,
unless the circumstances otherwise require or unless the police officer is a female, the
police officer shall not touch the person of the woman for making her arrest.]
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the
arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of
an offence punishable with death or with imprisonment for life.
(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before
sunrise, and where such exceptional circumstances exist, the woman police officer shall, by
making a written report, obtain the prior permission of the Judicial Magistrate of the first
class within whose local jurisdiction the offence is committed or the arrest is to be made.
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47. Search of place entered by person sought
to be arrested.
(1) If any person acting under warrant of arrest, or any police officer having authority to arrest, has reason to
believe that the person to be arrested has entered into, or is within, any place, any person residing in, or
being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer,
allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person
acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without
affording the person to be arrested an opportunity of escape, for a police officer to enter such place and
search therein, and in order to effect an entrance into such place, to break open any outer or inner door or
window of any house or place, whether that of the person to be arrested or of any other person, if after
notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain
admittance: Provided that, if any such place is an apartment in the actual occupancy of a female (not being
the persons to be arrested) who, according to custom, does not appear in public, such person or police
officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw
and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and
enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or
window of any house or place in order to liberate himself or any other person who, having lawfully entered
for the purpose of making an arrest, is detained therein
lOMoARcPSD|28877867

Continued…
• 48. Pursuit of offenders into other jurisdictions.—A police officer may,
for the purpose of arresting without warrant any person whom he is
authorised to arrest, pursue such person into any place in India.
• 49. No unnecessary restraint.—The person arrested shall not be subjected
to more restraint than is necessary to prevent his escape.
• 50. Person arrested to be informed of grounds of arrest and of right to
bail.—(1) Every police officer or other person arresting any person without
warrant shall forthwith communicate to him full particulars of the offence
for which he is arrested or other grounds for such arrest.
• (2) Where a police officer arrests without warrant any person other than a
person accused of a non-bailable offence, he shall inform the person
arrested that he is entitled to be released on bail and that he may arrange for
sureties on his behalf
lOMoARcPSD|28877867

Continued…
• 50A. Obligation of person making arrest to inform about the arrest, etc., to a
nominated person.—
• (1) Every police officer or other person making any arrest under this Code shall forthwith
give the information regarding such arrest and place where the arrested person is being
held to any of his friends, relatives or such other persons as may be disclosed or
nominated by the arrested person for the purpose of giving such information.
• (2) The police officer shall inform the arrested person of his rights under sub-section (1)
as soon as he is brought to the police station.
• (3) An entry of the fact as to who has been informed of the arrest of such person shall be
made in a book to be kept in the police station in such form as may be prescribed in this
behalf by the State Government.
• (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to
satisfy himself that the requirements of sub-section (2) and sub-section (3) have been
complied with in respect of such arrested person.
lOMoARcPSD|28877867

Continued…
• 51. Search of arrested person.—(1) Whenever a person is arrested by a police officer
under a warrant which does not provide for the taking of bail, or under a warrant which
provides for the taking of bail but the person arrested cannot furnish bail, and whenever a
person is arrested without warrant, or by a private person under a warrant, and cannot
legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or,
when the arrest is made by a private person, the police officer to whom he makes over the
person arrested, may search such person, and place in safe custody all articles, other than
necessary wearing-apparel, found upon him and where any article is seized from the
arrested person, a receipt showing the articles taken in possession by the police officer
shall be given to such person.
• (2) Whenever it is necessary to cause a female to be searched, the search shall be made
by another female with strict regard to decency.
• 52. Power to seize offensive weapons.—The officer or other person making any arrest
under this Code may take from the person arrested any offensive weapons which he has
about his person, and shall deliver all weapons so taken to the Court or officer before
which or whom the officer or person making the arrest is required by this Code to produce
the person arrested.
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Continued…
• 53. Examination of accused by medical practitioner at the request of police officer.—(1)
When a person is arrested on a charge of committing an offence of such a nature and alleged to
have been committed under such circumstances that there are reasonable grounds for believing that
an examination of his person will afford evidence as to the commission of an offence, it shall be
lawful for a registered medical practitioner, acting at the request of a police officer not below the
rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to
make such an examination of the person arrested as is reasonably necessary in order to ascertain
the facts which may afford such evidence, and to use such force as is reasonably necessary for that
purpose.
• (2) Whenever the person of a female is to be examined under this section, the examination shall be
made only by, or under the supervision of, a female registered medical practitioner. 1
• [Explanation.—In this section and in sections 53A and 54,— (a) “examination” shall include the
examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat,
hair samples and finger nail clippings by the use of modern and scientific techniques including
DNA profiling and such other tests which the registered medical practitioner thinks necessary in a
particular case; (b) “registered medical practitioner” means a medical practitioner who possesses
any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act,
1956 (102 of 1956) and whose name has been entered in a State Medical Register.]
lOMoARcPSD|28877867

Continued…
• 53A. Examination of person accused of rape by medical practitioner.—
(1) When a person is arrested on a charge of committing an offence of rape
or an attempt to commit rape and there are reasonable grounds for believing
that an examination of his person will afford evidence as to the commission
of such offence, it shall be lawful for a registered medical practitioner
employed in a hospital run by the Government or by a local authority and in
the absence of such a practitioner within the radius of sixteen kilometres
from the place where the offence has been committed, by any other
registered medical practitioner, acting at the request of a police officer not
below the rank of a sub-inspector, and for any person acting in good faith in
his aid and under his direction, to make such an examination of the arrested
person and to use such force as is reasonably necessary for that purpose.
lOMoARcPSD|28877867

Continued…
(2) The registered medical practitioner conducting such examination shall, without delay, examine
such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought,
(ii) the age of the accused,
(iii) marks of injury, if any, on the person of the accused,
(iv) the description of material taken from the person of the accused for DNA profiling, and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the
report.
(5) The registered medical practitioner shall, without delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents
referred to in clause (a) of subsection (5) of that section.
lOMoARcPSD|28877867

Continued…
• 54. Examination of arrested person by medical officer.—(1) When any person
is arrested, he shall be examined by a medical officer in the service of Central or
State Government, and in case the medical officer is not available, by a registered
medical practitioner soon after the arrest is made: Provided that where the arrested
person is a female, the examination of the body shall be made only by or under the
supervision of a female medical officer, and in case the female medical officer is
not available, by a female registered medical practitioner.
• (2) The medical officer or a registered medical practitioner so examining the
arrested person shall prepare the record of such examination, mentioning therein
any injuries or marks of violence upon the person arrested, and the approximate
time when such injuries or marks may have been inflicted.
• (3) Where an examination is made under sub-section (1), a copy of the report of
such examination shall be furnished by the medical officer or registered medical
practitioner, as the case may be, to the arrested person or the person nominated by
such arrested person.]
lOMoARcPSD|28877867

Continued…
• 54A. Identification of person arrested.—Where a person is arrested on a
charge of committing an offence and his identification by any other person
or persons is considered necessary for the purpose of investigation of such
offence, the Court, having jurisdiction may, on the request of the officer in
charge of a police station, direct the person so arrested to subject himself to
identification by any person or persons in such manner as the Court may
deem fit:
• Provided that, if the person identifying the person arrested is mentally or
physically disabled, such process of identification shall take place under the
supervision of a Judicial Magistrate who shall take appropriate steps to
ensure that such person identifies the person arrested using methods that
person is comfortable with: Provided further that if the person identifying
the person arrested is mentally or physically disabled, the identification
process shall be videographed.
lOMoARcPSD|28877867

Continued…
• 55. Procedure when police officer deputes subordinate to arrest without
warrant.—(1) When any officer in charge of a police station or any police
officer making an investigation under Chapter XII requires any officer
subordinate to him to arrest without a warrant (otherwise than in his
presence) any person who may lawfully be arrested without a warrant, he
shall deliver to the officer required to make the arrest an order in writing,
specifying the person to be arrested and the offence or other cause for which
the arrest is to be made and the officer so required shall, before making the
arrest, notify to the person to be arrested the substance of the order and, if
so required by such person, shall show him the order.
• (2) Nothing in sub-section (1) shall affect the power of a police officer to
arrest a person under section 41.
lOMoARcPSD|28877867

Continued…
• 55A. Health and safety of arrested person.—It shall be the duty of the person
having the custody of an accused to take reasonable care of the health and safety
of the accused.
• 56. Person arrested to be taken before Magistrate or officer in charge of
police station.—A police officer making an arrest without warrant shall, without
unnecessary delay and subject to the provisions herein contained as to bail, take or
send the person arrested before a Magistrate having jurisdiction in the case, or
before the officer in charge of a police station.
• 57. Person arrested not to be detained more than twenty-four hours.—No
police officer shall detain in custody a person arrested without warrant for a longer
period than under all the circumstances of the case is reasonable, and such period
shall not, in the absence of a special order of a Magistrate under section 167,
exceed twenty-four hours exclusive of the time necessary for the journey from the
place of arrest to the Magistrate’s Court.
lOMoARcPSD|28877867

Continued…
• 58. Police to report apprehensions.—Officers in charge of police stations shall report to the
District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons
arrested without warrant, within the limits of their respective stations, whether such persons have
been admitted to bail or otherwise.
• 59. Discharge of person apprehended.—No person who has been arrested by a police officer
shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
• 60. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is
rescued, the person from whose custody he escaped or was rescued may immediately pursue and
arrest him in any place in India.
• (2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person
making any such arrest is not acting under a warrant and is not a police officer having authority to
arrest.
• 60A. Arrest to be made strictly according to the Code.—No arrest shall be made except in
accordance with the provisions of this Code or any other law for the time being in force providing
for arrest.
lOMoARcPSD|28877867

FIRST INFORMATION REPORT
• The first information report is not defined in the code. It may be defined as
follows:-
1. it is an information given to the police officer.
2. Information must relate to cognizable offence.
3. It is an information first in the point of time.
4. It is on the basis of the information that the investigation into the offense
commences.
• In Hasib vs state of Bihar (1972) 4SCC 773, the Supreme Court has held
that it indicates that this is the stage when the accused can be arrested and
this is the state when the police will begin its investigation. If police refuses
to register a case on the ground of no jurisdiction then it will be dereliction
of duty. It is also means to inform the magistrate and law enforcement
agencies that cognizable offense has been committed.
lOMoARcPSD|28877867

EVIDENTIARY VALUE OF FIR
• Importance Of FIR- the FIR is important from many points of views. It is statement made soon after the
occurrence, hence, the memory of informant is fresh and there is no opportunities for fabrication. Delay in
giving a fair is therefore, viewed with grave suspicion. Where the FIR is also dying declaration, it can be used
as substantive or primary evidence as a dying declaration.
• Evidentiary Value Of FIR- The evidentiary value of FIR is far greater than any other statement recorded by
the police during the course of investigation. Evidentiary value of FIR is as follows
1) it is not substantive piece of evidence.
2) it can be used to corroborate an informant witness under section 157 of Indian Evidence Act.
3) It can be used to contradict an informant witness under section 145 of Evidence Act.
4) It can be used to explain the circumstances and conduct of accused.
5) It can be used under section 11 as far as omission of important factor Effecting /judging the prosecution
case
6) if FIR is non-confessional and is given by accused then it can be used as an admission under section 21 of
Evidence Act.
7) It can be used as dynamic coloration under section 32 of Indian Evidence Act.
8) If FIR is of confessional nature then it cannot be proved against accused informant as it is hit by section 25
of Evidence Act.
lOMoARcPSD|28877867

• where fir is logged?
generally, the information about the offense committed, to be given to
the police station having territorial jurisdiction . But this does not
mean that it cannot be lodged elsewhere.
• It's object
1. to inform the magistrate and district Superintendent of police about
the offence reported at the police station.
2. to make known to the judicial officers, what are the facts given out
immediately after the occurrence and on what information the
investigation commenced.
3. to safeguard the accused against subsequent variations and
additions.
lOMoARcPSD|28877867

INFORMATION TO THE POLICE AND
THEIR POWERS TO INVESTIGATE
• 154. Information in cognizable cases.—(1) Every information relating to the
commission of a cognizable offence, if given orally to an officer in charge of a police
station, shall be reduced to writing by him or under his direction, and be read over to the
informant; and every such information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State Government may
prescribe in this behalf:
• [Provided that if the information is given by the woman against whom an offence under
section 326A, section 326B, section 354, section 354A, section 354B, section 354C,
section 354D, section 376, section 376A, section 376B, section 376C, section 376D,
section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been
committed or attempted, then such information shall be recorded, by a woman police
officer or any woman officer: Provided further that—
lOMoARcPSD|28877867

• (a) in the event that the person against whom an offence under section 354, section 354A, section 354B,
section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section
376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is
temporarily or permanently mentally or physically disabled, then such information shall be recorded by a
police officer, at the residence of the person seeking to report such offence or at a convenient place of such
person’s choice, in the presence of an interpreter or a special educator, as the case may be;
• (b) the recording of such information shall be videographed;
• (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of
sub-section (5A) of section 164 as soon as possible.
• (2) A copy of the information as recorded under sub-section (1)shall be given forthwith, free of cost, to the
informant.
• (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the
information referred to in sub-section (1) may send the substance of such information, in writing and by post,
to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of
a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any
police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the
powers of an officer in charge of the police station in relation to that offence.
lOMoARcPSD|28877867

Sec 154(1)
Sec 154(3)
In writing and by post
to the superintendent
of police.
if cognizable offence –
investigation by himself
or direct a subordinate
officer.
lOMoARcPSD|28877867

• 155. Information as to non-cognizable cases and investigation of such cases.—
• (1) When information is given to an officer in charge of a police station of the
commission within the limits of such station of a non-cognizable offence, he shall
enter or cause to be entered the substance of the information in a book to be kept
by such officer in such form as the State Government may prescribe in this behalf,
and refer the informant to the Magistrate.
• (2) No police officer shall investigate a non-cognizable case without the order of a
Magistrate having power to try such case or commit the case for trial.
• (3) Any police officer receiving such order may exercise the same powers in
respect of the investigation (except the power to arrest without warrant) as an
officer in charge of a police station may exercise in a cognizable case.
• (4) Where a case relates to two or more offences of which at least one is
cognizable, the case shall be deemed to be a cognizable case, notwithstanding that
the other offences are non-cognizable.
lOMoARcPSD|28877867

• 156. Police officer’s power to investigate cognizable case.—
• (1) Any officer in charge of a police station may, without the order of a
Magistrate, investigate any cognizable case which a Court having
jurisdiction over the local area within the limits of such station would
have power to inquire into or try under the provisions of Chapter XIII.
• (2) No proceeding of a police officer in any such case shall at any
stage be called in question on the ground that the case was one which
such officer was not empowered under this section to investigate.
• (3) Any Magistrate empowered under section 190 may order such an
investigation as above-mentioned.
lOMoARcPSD|28877867

Sec 154(1) Sec 154(3)
Sec 156(3)
Application is moved before
magistrate seeking him to
direct investigation. (with
affidavit)
Complainant has to satisfy
the cout that he has
exhausted above two
remedies. (liable to purjury)
Order investigation and
registeration of FIR
lOMoARcPSD|28877867

Occurrence report section 157
• on the receipt of information the police in charge has to inform to the
magistrate.
• Also called a special report .
Object-
1. magistrate eye will be on the police activity.
2. no manipulation by the police.
Forthwith sent to the magistrate
magistrate endorse it by writing the time at which it was
delivered to him.
Goes to the record room.
lOMoARcPSD|28877867

officer incharge on receiving information or
otherwise, of commission of a cognizable offence
forthwith send the report to the magistrate(
occurrence report)
police officer proceed in person or depute a
subordinate officer to go on the spot and
investigate.
lOMoARcPSD|28877867

• 157. Procedure for investigation.—
• (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the
commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a
report of the same to a Magistrate empowered to take cognizance of such offence upon a police report
and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the
State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to
investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and
arrest of the offender: Provided that—
• (a) when information as to the commission of any such offence is given against any person by name and the
case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a
subordinate officer to make an investigation on the spot;
• (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an
investigation, he shall not investigate the case.
lOMoARcPSD|28877867

• Provided further that in relation to an offence of rape, the recording of statement of the victim
shall be conducted at the residence of the victim or in the place of her choice and as far as
practicable by a woman police officer in the presence of her parents or guardian or near relatives or
social worker of the locality.
• (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the
officer in charge of the police station shall state in his report his reasons for not fully complying
with the requirements of that subsection, and, in the case mentioned in clause (b) of the said
proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be
prescribed by the State Government, the fact that he will not investigate the case or cause it to be
investigated.
• 158. Report how submitted.—
• (1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be
submitted through such superior officer of police as the State Government, by general or special
order, appoints in that behalf.
• (2) Such superior officer may give such instructions to the officer in charge of the police station as
he thinks fit, and shall, after recording such instructions on such report, transmit the same without
delay to the Magistrate.
lOMoARcPSD|28877867

• 159. Power to hold investigation or preliminary inquiry.—
• Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks
fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a
preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in
this Code.
• 160. Police officer’s power to require attendance of witnesses.—
• (1) Any police officer making an investigation under this Chapter may, by order in
writing, require the attendance before himself of any person being within the limits of his
own or any adjoining station who, from the information given or otherwise, appears to be
acquainted with the facts and circumstances of the case; and such person shall attend as so
required:
• Provided that no male person under the age of fifteen years or above the age of sixty-
five years or a woman or a mentally or physically disabled person shall be required to
attend at any place other than the place in which such male person or woman resides.
lOMoARcPSD|28877867

• (2) The State Government may, by rules made in this behalf, provide for the
payment by the police officer of the reasonable expenses of every person,
attending under sub-section (1) at any place other than his residence.
• 161. Examination of witnesses by police.—
• (1) Any police officer making an investigation under this Chapter, or any police
officer not below such rank as the State Government may, by general or special
order, prescribe in this behalf, acting on the requisition of such officer, may
examine orally any person supposed to be acquainted with the facts and
circumstances of the case.
• (2) Such person shall be bound to answer truly all questions relating to such case
put to him by such officer, other than questions the answers to which would have a
tendency to expose him to a criminal charge or to a penalty or forfeiture.
lOMoARcPSD|28877867

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