Any act or omission made punishable by law
for the time being in force.
A proceedings for prosecution of a person
alleged to have committed an offence.
The proceeding at the end must result in
discharge, conviction or acquittal.
CLASSIFICATION OF OFFENCES
• Cognizable and non-cognizable offences
• Bailable and non-bailable offences
• Compoundable and non-compoundable
• Warrant cases and Summon cases
An offence for which a police officer
• May arrest without warrant and
• Can investigate without any order or
direction of a Magistrate.
An offence for which there can be
• No arrest without warrant and
• No investigation without the orders of the
An offence wherein bail is granted as a
matter of course by police officer or by court
An offence wherein bail is granted at the
discretion of the court or the authorities
An offence wherein the accused
enters into an agreement
with the victim of the offence
to pay some gratification or consideration
for not prosecuting the accused.
An offence which cannot be compounded.
• A case relating to an offence
– imprisonment for life or
– imprisonment for a term exceeding two
A case relating to an offence which is not
a warrant case
Includes all the proceedings under the Code
• for collection of evidence
• conducted by a police officer
• or by any person (other than a Magistrate)
who is authorized by a Magistrate in this
• Every inquiry other than trial conducted by
a Magistrate or Court.
• It is never conducted by police.
• It aims at determining the truth or falsity of
• It is a judicial proceeding and oath can be
administered to the persons to be
examined in the course of an inquiry.
• The judicial process
• in accordance with law
• whereby the question of guilt or innocence
of the person accused of an offence is
• The restraining of the liberty of man’s person
• In order to
– compel obedience to the order of a court or
– prevent the commission of a crime or
– ensure that the person charged or suspected of a
crime may be forthcoming to answer it.
Arrest is when one is taken and restrained
from his liberty.
• ‘Custody’ denotes surveillance or
restriction on the movement of a person.
• It is complete in the case of arrest.
• It may also be partial.
• ‘Remand’ – ‘send back’
– remand to custody in a magisterial lock up
• ‘Detention’- detention in police
• ‘Remand’ - remand to judicial custody.
• Arrest with warrant
– In case of non-cognizable offences
• Arrest without warrant
– In case of cognizable offences
– If non-cognizable offence is committed in
the presence of police officer and the
accused refuses to give his name and
– In case of designing to commit a
cognizable offence which cannot be
POWERS FOR MAKING ARREST
• Power to use reasonable force
• Power to search for the accused
• Power to pursue the accused into any place
• Power to obtain the assistance of any person
• Power to direct a subordinate officer to effect
• Power to re-arrest a person who has escaped
• Give Information regarding arrest and place of arrest
to the person nominated by the arrested person
• Search the arrested person and place articles found
upon him in safe custody after preparing a recovery
• Seize weapons if any and forward it to court
• Cause medical examination of the arrested person if
• Send a report of the arrest to the District Magistrate
• Not release the arrested person
– except on bond, bail or on orders of Magistrate.
RIGHTS OF ARRESTED PERSON
• Right to know the ground of arrest
• Right to be taken before a Magistrate without
• Right to consult a legal practitioner
• Right to be examined by a Medical
• Information regarding arrest and place of
arrest to be given to one of his friends,
relatives or other person
• Information regarding right to be released on
Powers of an Executive
Magistrate under the Code
• Power to obtain security for keeping peace
and good behaviour.
• Power to command an unlawful assembly to
• Power to command the removal or stoppage
of any public nuisance.
• Power to issue prohibitory orders to prevent
urgent cases of nuisance or danger
• Power to decide disputes relating to property
by summary way to prevent breach of peace
OF PERSON - PROCESSES
• Warrant of arrest
• Proclamation and
• Attachment of property
COMPELLING PRODUCTION OF
THINGS - PROCESSES
– With warrant
– Without warrant