L 15 dr.gk (1)

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L 15 dr.gk (1)

  1. 1. CRIMINAL PROCEDURE CODE GENERAL PROVISIONS
  2. 2. OFFENCE Any act or omission made punishable by law for the time being in force. CASE 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.
  3. 3. CLASSIFICATION OF OFFENCES • Cognizable and non-cognizable offences • Bailable and non-bailable offences • Compoundable and non-compoundable offences. • Warrant cases and Summon cases
  4. 4. COGNIZABLE OFFENCE An offence for which a police officer • May arrest without warrant and • Can investigate without any order or direction of a Magistrate.
  5. 5. NON-COGNIZABLE OFFENCE An offence for which there can be • No arrest without warrant and • No investigation without the orders of the Magistrate.
  6. 6. BAILABLE OFFENCE An offence wherein bail is granted as a matter of course by police officer or by court NON-BAILABLE OFFENCE An offence wherein bail is granted at the discretion of the court or the authorities concerned.
  7. 7. COMPOUNDABLE OFFENCE • • • • 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. NON-COMPOUNDABLE OFFENCE An offence which cannot be compounded.
  8. 8. WARRANT CASE • A case relating to an offence punishable with – death, – imprisonment for life or – imprisonment for a term exceeding two years. SUMMONS CASE A case relating to an offence which is not a warrant case
  9. 9. INVESTIGATION 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 behalf.
  10. 10. INQUIRY • 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 certain facts. • It is a judicial proceeding and oath can be administered to the persons to be examined in the course of an inquiry.
  11. 11. TRIAL • The judicial process • in accordance with law • whereby the question of guilt or innocence of the person accused of an offence is determined.
  12. 12. ARREST • 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.
  13. 13. CUSTODY • ‘Custody’ denotes surveillance or restriction on the movement of a person. • It is complete in the case of arrest. • It may also be partial.
  14. 14. REMAND • ‘Remand’ – ‘send back’ – remand to custody in a magisterial lock up or jail. • ‘Detention’- detention in police custody. • ‘Remand’ - remand to judicial custody.
  15. 15. ARREST • 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 address – In case of designing to commit a cognizable offence which cannot be otherwise prevented
  16. 16. POWERS FOR MAKING ARREST • Power to use reasonable force • Power to search for the accused • Power to pursue the accused into any place in India • Power to obtain the assistance of any person • Power to direct a subordinate officer to effect the arrest • Power to re-arrest a person who has escaped from custody.
  17. 17. AFTER-ARREST PROCEDURE • 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 memo • Seize weapons if any and forward it to court • Cause medical examination of the arrested person if necessary • Send a report of the arrest to the District Magistrate • Not release the arrested person – except on bond, bail or on orders of Magistrate.
  18. 18. RIGHTS OF ARRESTED PERSON • Right to know the ground of arrest • Right to be taken before a Magistrate without delay • Right to consult a legal practitioner • Right to be examined by a Medical practitioner. • 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 bail
  19. 19. 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 disperse. • 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
  20. 20. COMPELLING APPEARANCE OF PERSON - PROCESSES • Summons • Warrant of arrest • Proclamation and • Attachment of property
  21. 21. COMPELLING PRODUCTION OF THINGS - PROCESSES • Summons • Search – With warrant – Without warrant • Seizure
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