Laws related to criminal. JUSTICE ADMINISTRATION.

1. SEC PRESENTATION
UNIT-2-LAWS RELATED TO CRIMINAL
JUSTICE ADMINISTARTION
Khushigumber-21501170
Mehreen21501024
Ojaswi-21501148
Akshitachauhan-21501156
Priya-21501164
Ishikabansal-21501167
HimanshiSejwal–21501158
Sonam Arora-21501154
Shambhavisingh-21501163
KhushiJain-21501166

2. INTRODUCTION
Criminal justice administration focuses on the leadership and operations of the various aspects of the criminal
justice system, such as the courts and law enforcement, which work together to help prevent and punish
crime. "The essential object of criminal law is to protect society againstcriminals and law-breakers." For this
purpose the law holds out threats of punishments to prospective lawbreakers as well as attempts to make the
actual offenders suffer the prescribed punishments for their crimes.
Components of the Criminal Justice System:
1)POLICE-responsible for investigating and apprehending criminals, and for enforcing the law
2)JUDICIARY-responsible for making sure that trials are conducted fairly and that justice is served
3)CORRECTIONAL SYSTEM-responsible for rehabilitating offenders and preventing them from committing
crimes in the future. The procedure of administration of criminal justice in our country-
1)INVESTIGATION-Investigation is a preliminary stage conducted by the
police and usually starts after the recording of a First Information Report
(FIR) in the police station.
2)INQUIRY- Inquiry is the stage where the investigating agencies present
the evidence they have gathered to a judicial officer, such as a judge or
a magistrate.
3) TRIAL - Trial can be defined as a formal examination of evidence by a
judge.

3. The main objectives of the criminal justice system can be categorized as:
1)prevent the occurrence of crime,
2) punish the offendors and the criminals,
3) rehabilitate the tansgressors and criminals,
4) compensate the victims as far as possible,
5) maintainlaw and order in the society,
6) deter the offendors from committing criminal act in the future.
Two main statues:
CrPC-The Code of Criminal Procedure commonly called Criminal Procedure Code
(CrPC) is the main legislation on procedure for administration of substantive
criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It
provides the machinery for the investigationof crime, apprehension of suspected
criminals, collection of evidence, determination of guilt or innocence of the
accused person and the determination of punishment of the guilty. It also deals
with public nuisance, prevention of offences and maintenance of wife, child and
parents.
IPC-The Indian Penal Code (IPC) is the official criminal code of India. It is a
comprehensive code intended to cover all substantiveaspects of criminal law. The
code was drafted on the recommendations of the first Law Commissionof India
established in 1834 under the Charter Act of 1833 . It came into force in India
during the British rule in 1862.Insimple words, IPC deals with crimes and
punishments; CrPC tells about the criminal trial procedure.

4. STAGES OF TRIAL
1.FRAMING OF CHARGE OR GIVING OF NOTICE: This is the beginning of trial. At this stage, the
judge is required to examine the evidence presented by the prosecution to determine whether
or not a prima facie case against the accused has been made out. The charge is read over and
explained to the accused. If pleading guilty the judge shall record the plea and may with
discretion convict him however if the accused pleads not guilty and claims trial then trial
begins. Trial starts after the charge has been framed and the stage preceding it is called inquiry.
After the inquiry the charge is prepared and after the formulation of the charge the trial of the
accused starts. A charge is nothing but combination of the accusation made against the person
who is to face trial for specified offence.
2.RECORDINGOF PROSECUTION EVIDENCE: After the charges is framed the prosecution is
asked to examine its witnesses before the court. This is called examination-in-
chief.The accused has a right to cross-examine all the witnesses presented by
prosecution. Section 309 of the CrPC further provides that the proceed in shall be held as
expeditiously as possible and in particular when the examination of witnesses has once begun
the same shall be continued day-to-day until all witnesses in the attendance have been
examined.

5. 3.STATEMENTOF ACCUSED: It is mandatory for the court to question the accused after examining the evidence of
the prosecution if it incriminates the accused. This examinationis without oath and before the accused enters a
defence. The purpose of this examinationis to give the accused a reasonable opportunity to explain incriminating
facts and circumstances in the case.
4.DEFENCE EVIDENCE: If after taking the evidence for the prosecution, examining the accused and hearing the
prosecution and defence, the judge considers that there is no evidence that the accused has committed the
offence the judge is required to record the order of acquittal. However when the accused is not acquitted for
absence of evidence, a defence mustbe entered and evidence adduced in its support. The accused person is
entitled to present evidence in case he so desires after recording his statement. The witnesses produced by him or
cross examined by the prosecution. Most accused persons do not lead defence evidences. One of the major
reasons for this is that India follows the common law system where the burden of proof is on the prosecution and
the degree of proof required in a criminal trial is beyond reasonable doubt.
5.FINAL ARGUMENT: This is the final stageof trial. The provisions of the CrPC provide that when examinationof
the witnesses for the defence, if any, is complete the prosecutor shall sum up the prosecution case and the
accused is entitled to reply. The same is provided for under section 234 of the code.
6.JUDGEMENT:After conclusion of arguments by the prosecutor and defence, the judge pronounces his/her
judgement in the trial. Here it is relevant to mention the CrPC also contains detailed provisions for compounding
of offences. It lists various compoundable offences under section 320 CRPC. Under the CrPC section 321 accused
can also be withdrawn from prosecution at any stageof trial with the permission of the court. If the accused is
allowed to be withdrawn from prosecution prior to framing of charge, this is a discharge, while in cases where
such withdrawal is allowed after framing of charge, it is acquittal. The above is the process of how a trial takes
place for dispensation of a criminal case.

6. CRIMINAL OFFENCES
What is a Criminal Offence?
As per the Indian Penal Code, 1860, when an act forbidden by law is voluntarily done by a person, it constitutes a
criminal offence. An act alone does not amount to guilt and is only considered an offence when the performance of
such an act is accompanied by a guilty mind. The two conditions for penal liability i.e., the guilty act and the guilty mind
must be present for an act to be seen as a criminal offence. The Criminal Procedure Code, 1973, classifies criminal
offences into certain categories such as cognizable, non-cognizable, bailable, and non-bailable offences. The criminal
offences which are witnessed in legal systems around the world are often categorized into broad heads on
numerous What is the difference between a Criminal Case and Criminal Offence in India?
A criminal case and a criminal offence are also two distinct concepts that are defined under the Indian Penal Code
and the Criminal Procedure Code. A criminal offence in India refers to any act or omission that is prohibited and
punishable under India can range from a fine to imprisonment for a term or even the death penalty in some cases.
A criminal case in India, on the other hand, refers to the legal proceedings initiated
by the state or the government to prosecute an individual or entity that is suspected
of committing a criminal offence. The procedure for conducting a criminal case in
India is laid down in the Criminal Procedure Code, which sets out various stages
such as investigation, arrest, bail, trial, and appeal. The purpose of a criminal case in
India is to establish the guilt of the accused person and to impose an appropriate
punishment under the law.

7. TYPES OF CRIMINAL OFFENCES?
The code of criminal procedure, which lays down the procedure for trying criminal offences under the Indian
justice delivery system classifies criminal offences into the following categories, namely:
1. Bailable offences: These types of criminal offences are defined in the code of criminal procedure under
Section 2 (a), as the offences which are laid down in the first schedule of the code. Bailable offences are
essentially those which are punishable with imprisonment of fewer than 3 years or with a simple fine only.
Under the code of criminal procedure, bailable offences carry an unfettered right of bail, therefore a person
arrested without a warrant for a bailable offence has an absolute right to be released on bail, given that such
person is willing to pay the bail amount. Pertinently, the bail amount is fixed by a court of law, and the grant of
bail is conditional upon an accused satisfying this demand. Th. Some common examples of bailable offences
under the Indian penal code are common hurt, public nuisance, bribery, etc
2. Non-bailable offences: As the name e code of criminal procedure also provides for the form which has to
be filled by an accused while applying for bail suggests, non-bailable offences are those which do not accord
the accused an unfettered right to bail. All the offences not included in the first schedule of the code of
criminal procedure are non-bailable. These are defined as offences that are either punishable with the death
penalty, life imprisonment, or rigorous imprisonment for more than seven years. In the case of
non-bailable offences, the decision of granting bail is upon the discretion of a court
of law which may be refused or granted subject to certain conditions as the court
may deem fit. An application for bail in case of a non-bailable offence can be made
by submitting form 45 as provided in the code of criminal procedure. Some
common examples of non-bailable offences under the Indian penal code include
murder, dowry death, kidnapping, rape,

8. 3. Cognizable offences: These are offences for which the code of criminal procedure grants the police
administration the authority to arrest an accused person without a warrant. Therefore, because of this absolute
authority granted to the police administration, cognizable offences are often always more serious offences of a
grave nature which carry the more severe punishments under the Indian penal code. The first schedule of the code
of criminal procedure provides a list of all offenses under the Indian penal code and other statutes which are
categorized as cognizable. Some common examples of cognizable offences under the Indian penal code are
murder, rape, dowry death, etc.
4. Non-cognizable offences: Contrary to cognizable offences, non-cognizable offences are those against
which the police administration is not provided with the unfettered authority to arrest without a warrant. Non-
cognizable offences are often more petty and menial offences, which do not entail severe punishments in law. The
injured party in such cases are often private individuals and society as a whole is not considered a victim of the
offence. Therefore, in the case of non-cognizable offences, Some common examples of non-cognizable offences
under the Indian penal code are forgery, cheating, defamation, etc.
5. Compoundable offences: Compoundable offences are those which can legally be settled and put to a
quietus by way of an agreement between the accused and the injured party. In the case of compoundable
offences, the injured party can undertake to withdraw prosecution against the accused in exchange for some form
of consideration or gratification, thereby settling. The code of criminal procedure under Section 320 provides the
list of criminal offences which are compoundable in nature, however, this provision further classifies
compoundable offences into two subclasses namely, those which can be compounded without the intervention of
a court of law and secondly,
6. Non-compoundable offences: These are offences that cannot be settled by way of agreement
between the affected parties to the crime. All offences not mentioned in the list of compoundable offences under
Section 320 fall under the category of non-compoundable offences. The compounding of such offences which are
often graver in nature is against public policy and therefore, any agreement executed to affect the compounding o

9. F.I.R
What is a FIR?
First Information Report (FIR) is a written document prepared by the police when they receive
information about the commissionof a cognizable offence. It is a report of information that
reaches the police first in point of time and that is why it is called the First Information Report.
It is generally a complaint lodged with the police by the victim of a cognizable offence or by
someone on his/her behalf. Anyone can report the commission of a cognizable offence either
orally or in writing. The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal
Procedure (CrPC), 1973, or in any other law. However, in police regulations or rules,
information recorded under Section 154 of CrPC is known as First Information Report (FIR).
There are three important elements of an FIR: The information must relate to the commission
of a cognizable offence, It should be given in writing or orally to the head of the police station,
It must be written down and signed by the informant, and its key points should be recorded in
a daily diary. What happens after an FIR is filed?
The police will investigate the case and will collect
evidence the form of statements ofwitnesses or other scientific materials.
They can arrest the alleged persons as per law. If there is sufficient evidence
to corroborate the allegations of the complaint will be filed.

10. WHAT IF THE POLICE REFUSES TO FILE THE F.I.R?
If the police refuse to lodge an FIR, a complaint can be made before the Superintendent of the
Police or Commissioner of Police and thereafter, such officers may investigate themself or
direct an officer subordinate to them to investigate. If no investigation is conductedby them
nor is it directed to be conducted through a subordinate officer, the remedy available is to
approach a Judicial Magistrate of First Class. Under Section 154(3) CrPC, if any person is
aggrieved by the refusal on the part of the officer in charge of a police station to register an
FIR, she can send the complaint to the Superintendent of Police/DCP concerned. . If no FIR is
registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before
a concerned court which, if satisfied that a cognizable offence is made out from the
complaint, will direct the police to register an FIR and conductan investigation
What are your rights?
1.If you can't get an FIR registered at a police station, then
you can approach the local magistrate under CRPC 156 (3) 1973.
2.A magistrate can take cognizance of the complaint and ask
the police to investigate the case and file a report.
3.If the magisterial court refused to take cognizance of
your complaint, then you have the right to approach the Session Judge.

11. IMPORTANCE OF FIR?
FIR is of the utmostimportance in the conduct of a cognizable case it is important from many
points of views. It is a statement madesoon after occurrence, hence, the memory of the
informant is fresh and it is also unlike that he had opportunities of fabrication. Delay in giving
information therefore, is viewed with grave suspicion. In Savi v. State of Tamil Nadu, 19 CrLJ 736
SC, the SC observed that where it is alleged that the original was suppressedby the police officer
and was substituted byanother and requisition being made by the Court the police officer failed
to produce either FIR book or general diary at the police Station or in the Court, an inference can
be drawn that original FIR was suppressedand thereby prosecution becomes suspicious.
It is a very important document as it sets the process of criminal justice in motion. It is only after
the FIR is registered in the police station that the police takes up investigation of the case. So
anyone who knows about the commissionof a cognizable offence can file an FIR. It is not
necessary that only the victim of 44 :: Your Laws Your Rights the crime should file an FIR. A police
officer who comes to kin, about a cognizable offence can file an FIR himself here. One can file an
FIR. If you are the person against whom t, offence has been committed;you know his self about
an fens which has been committed;you have seen the offence being

12. Delay In Lodging of FIR?
Delay in giving first information can be condoned if there is a satisfactorily explanation. Whether the delay is so
long as to throw a cloud of suspicion on the deeds of the prosecution case depends upon a variety of factors.
Where delay is caused due to its being lodged in wrong police station, it was held to be a reasonably explained.
Attamuddin vs State of U.P. A.I.R 1974 SC 606).Where the accused himself gives the first information the fact of
himself giving the information is admissible againsthim as evidence of his conduct under section 8 of Evidence
Act. If the information is non confessional, it is admissible againstthe accused as an admissionunder section 21 of
the Evidence Act and is relevant but a confessional first information report by the accused to the police cannot be
used againstthe accused in view of section 25 of the Evidence Act.
Omission To Mention Details of The Incidents?
It was held in Dharmendra Singh v. State of UP 1998 Cr.LJ 2064(All)that the FIR and the statements recorded
under section 161 CRPC are not encyclopedic to give each and every minute details which had come into the light
during the deposition in the court. Sometimes witnesses do not think it proper to get it mentioned in the FIR or
the statements recorded under section 161 CRPC but it does not mean that the facts do not exits.
Zero FIR
It means that an FIR can be filed in any police station, irrespective of the jurisdictional limitations and location
of the incident. The respective police station takes in the FIR and marks it as a zero FIR by giving it serial number
zero and immediately transfer the documents over to the concerned jurisdiction.
• It was initially highlighted after the Nirbhaya Case, 2012.
Zero FIRs may be registered on the basis of a woman’s statementat any police stationirrespective
of jurisdiction. This means women can file an FIR at any police station and the complaint is

13. COMPLAINTS
The complaint as defined under Section 2(d) of CrPC are the allegations by the aggrieved againstthe offender,
known or unknown, in a form of complaint made to the magistrate that the crime has been committed. The
complaint as statedearlier can be filed for both types of offences cognizable and non-cognizable offences.
A complaint does not set the criminal law in motion and the police maynot investigatethe matterunless directed
by the court to do so.
THE DIFFERENCE BETWEEN FIR AND COMPLAINT
The CrPC define the complaint as any allegation made orally or
in writing to a magistrate, with the view to His taking action
under this code that some person, whether known or unknown,
has committed an offence, but does not include a police report.
However an FIR is the document that has been prepared by
the police after verifying the facts of the complaint. The FIR
may contain details of the crime and the alleged criminal. If, on
the basis of the complaint it appears that a Cognizable offence
has been committed, then an FIR under section 154 CrPC will
be registered, and police will open an investigation. If no offence
is found the police will close the inquiry.

14. ARREST
ARREST
WHAT IS AN ARREST?
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually
because the person has been suspected of or observed committing a crime. After being taken into custody, the
person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system,
sometimes it is also done after a court warrant for the arrest. The power of arrest is the mostimportant source of
corruption and extortion by the police officers. From the moment, a case is registered by the Police on a
cognizable complaint, they get the power to arrest any person who may be ‘concerned in that offence’, either on
the basis of the complaint itself or on credible information otherwise received.
WHO CAN ARREST?
Any police officer may without an order from a Magistrate and without a warrant, arrest any person; who has
been concerned in any cognizable offence, or againstwhom a reasonable complaint has been made, or credible
Information is received or a reasonable suspicion exists, of his having been so
concerned. An Arrest is an act of taking a person into custody as he/she may be
suspected of a crime or an offence. It is done because a person is apprehended
for doing something wrong. After arresting a person further procedures like
interrogation and investigationis done. It is part of the Criminal Justice System.
In an action of arrest, the person is physically detained by the
concerned authority.

15. PROCEDURES OF ARREST?
Two type of arrest-
1)arrest made in pursuance of a warrant issued by a magistrate
2)arrest made without such a warrant but in accordance with some legal provision
permitting such an arrest.
3)Arrest by police, magistrates private personSub-section 1 Section 41 Crpc 1973 Says: any
police officer-may without an order from a magistrateand without a warrant
arrest any person.
RIGHTS OF AN ARRESTED PERSON?
1)a reasonable trial,
2)Right to know the reason for detention – Section 50[1],
3.)The right to be notified of the bail provisions – section 50[2],
4)The right to be taken to the magistratewithout delay—article.22[2] requires the person to appear before the
magistratewithin 24 hours,
5)right to consult with a lawyer art. 22[1] basic freedom,
6)The right to free legal assistanceCRPC 303,
7)the right to be notified of his right to inform a relative or acquaintance of his arrest.
8)the right to have a medical examination,
9) Right To Be Taken Before Magistrate Without Delay
10)RightTo Be Released On Bail
11)RightTo Free Legal Aid

16. Rights of Children
1. JuvenileJustice Care and Protection of ChildrenAct 2015 The key reason behind enactment of this Act was an increased
number of crimes, particularlyrape, by juvenilesbetween the age of 16-18 years. and repeals the JuvenileJustice (Care and
Protection of Children)Act, 2000. [Section 12]- When a child is alleged to havecommitted a bailableor non-bailableoffence,
he has the right to be released on bail with or without surety or placed under the supervision of a probationofficer. [Section
14(4)|- The Act has categorized the offences into three categories, namely, petty, serious and heinous offences. The inquiry
into petty offences of a juvenilecan be terminated if the proceedings are not completed even after six months[Section 21]-
No child can be awarded the death penalty or life imprisonment without the possibilityof release. However, in case of certain
heinous offences, a juvenilecan be tried as an adult. [Section 3 (iti)]- Every child shall have a right to be heard and to
participatein all processes and decisionsaffecting his interest and the child's views shall be taken intoconsiderationwith due
regard to the age and maturity of the child. [Section 59]- If the adoptionof an orphaned, abandonedor surrendered child did
not take place within 60 daysof the child being declared legally free for adoptionthen intercountryadoptionis permitted
[Section 19(1) (i)]- The right to a fairtrial of a child is emphasized in the Act, considering the special needs of the child, the
tenets of a fairtrial and maintaininga child-friendlyatmosphere.
2. 2. Protection of Children from Sexual Offences Act, 2012 The Protection of Childrenfrom Sexual Offenses Act (POCSO) came
into force on November 14. 2012, to protect the children against offences like sexual abuse, sexual harassment, pornography
and to facilitateadequatelegalmachinery by establishingspecial courts for such matters [Section 241- The statement of
a minor must be recorded at his residence or any other place chosen by him in the presence of a person he trusts. No child
can be detainedin the police stationin the night for any reason.
3. Section 271- The medical examination ofa child should be conductedin the presence of the parent of the child or in
any other person in whom the child reposes trust or confidence. In case the victim is a girl child, the examinationshall be
conducted by woman doctor.

17. RIGHTS OF WOMEN
1Muslim Women (Protection of Rights on Marriage) Act, 2019 The muslim women act 2019, was notified in the Gazette of India
on the 31st of July 2019. It was enacted retrospectivelyfrom the 19th of September, 2018. The Hon'ble Supreme Court, in the
case of shuvra bano vs munnionof India declared trine talc or talc-e-biccat to he unconstitutionaland therefore. Illegal Result
being 82% decline in the number of triple talab cases in India.
[Section 2(c)] of the Act specificallydefines talag to be talag-e-biddat.Thisis importantas it helps prevent any sort of
misinterpretation.[Section 31: Declares that the pronouncementof talag by a Muslim husband upon his wife shall be void and
illegal.This includes words either spoken or written or in electronic form or in any manner whatsoever.
[Section 4]: Provides that any Muslim husbandwho pronounces talag shall be liable for imprisonment up to 3 years and be liable
for a fine. [Section 51: Provides that a married Muslim woman upon whom talaqis pronounced will be entitledto receive
subsistence allowancefor her and dependent children.
[Section 6]: The section details that the wife upon whom talag has been pronouncedshall be entitled to custody of minor
children.
[Section 7(c)]: It provides that no person who has been accused of this particular offence wouldbe eligiblefor bail unless the
Magistrateis satisfied that there are reasonable grounds for bail to be granted to that person.
2 Sexual Harassment of Women at Workplace (Prevention, Prohibitionand Redressal) Act, 2013 . The Supreme Court of
India defines 'sexual harassment as any unwelcome, sexually determined physical,verbal, or non-verbal conduct. Data
publishedby the Ministry of Women and Child Developmentshows the number of reported cases of sexual harassment in the
workplace registered in Indiajumped 54% from 371 cases in 2014 to 570 in 2017. Thisshows the effect that the act has had.
[Section 3]: Decrees that women shall not be subject to sexual harassment at their workplace. Provides circumstances which
may qualifyto be sexual harassment

18. DETENTION OF AN ARRESTED PERSON
The Constitution of India and the CrPC consider certain procedural requirements post arrest for the detention of
an individual who has been arrested. The Article 22 (2) of the Constitution prescribes that a person who has been
arrested and detained in custody for the commission of a crime should be produced before the nearest
Magistrate within a period of 24 hours of arrest which is exclusive of the time necessary for the journey from the
place of arrest to the nearest Magistrate’s Court. It is therefore mandatory to produce such an arrested person
before the Magistrate within 24 hours of arrest, any violation of the right of the individual in this regard, shall be
considered as an infringement of constitutional right and such detention shall be considered unlawful. Further,
any authorization of further detention for facilitating investigationprocess beyond 24 hours can only be
considered by the Magistrate under the Sec 167 of CrPC. In case that it appears to the investigating officer that
the investigationcannot be completed within 24 hours of the arrest of the accused, the office in charge of the
Police station can seek extension of the period and shall transmit the copies of the entries in the diary related to
the case to the magistrate along with the person detained. The magistratetherefore under the Section 167 of
Cr.PC can authorize further detention as they think fit for a period not exceeding 15 days. In instances where the
magistrateexercises jurisdiction over the case of such arrest and he/she thinks fits that the detention of the
accused is desirable for further investigation, the period of detention can be for 60 days. Further, if Magistrate
thinks fit and the case so satisfies that the investigationis related to offences punishable with death or life
imprisonment, the period can be extended to 90 days. No Further detention beyond this period can be
authorized.

19. BAIL
Bail is a legal mechanism designed to balance the presumption of innocence with the need for public safety and
the assurance that individuals facing criminal charges will appear in court. When a person is arrested, they may
be held in custody until their trial, and this period of pretrial detention can have significant consequences. Bail
provides a way for individuals to secure their release temporarily, allowing them to await trial in the community
rather than in jail. Bail conditions are imposed to ensure the defendant's appearance in court and may include
restrictions on travel, orders to avoid certain individuals, drug testing, and employment requirements. Violating
these conditions can lead to bail revocation. The purpose of bail extends beyond individual rights; it also
addresses concerns about overcrowded jails and the potential adverse effects of pretrial detention on
individuals' lives, such as the loss of employment or housing. However, the bail system.
It Bail provides a way for individuals to secure their release temporarily, allowing
them to await trial in the community rather than in jail. Procedure by which a
judge or magistrate sets at liberty one who has been arrested or imprisoned, upon
receipt of security to ensure the released prisoner’s later appearance in court for
further proceedings. In legal systems that have a bail procedure, its operation is
highly discretionary. If an accused is charged with an offense committed while free
on bail, if the arrested person requires police protection, or if evidence reasonably
establishes that he committedmurder or treason, bail may be denied.

20. TYPES OF BAIL
There are several types of bail, each serving as a financial guarantee that the accused will appear in court as
required. The common types of bail include:
1)Cash Bail: The defendant pays the full bail amount in cash. If they attend all court proceedings, the cash is
returned at the conclusion of the case.
2)Surety Bond: A bail bondsman provides a bond to the court on behalf of the defendant. The defendant pays a
non-refundable fee (usually a percentage of the total bail amount) to the bondsman.
3)Property Bond: The defendant uses property, such as real estate, as collateral for the bail amount. If they fail to
appear in court, the court may seize the property.
4)Release on Recognizance (ROR): In some cases, the court mayrelease the accused based on their promise to
appear, without requiring monetary bail. This is typically granted to individuals with strong community ties and a
low flight risk.
5)UnsecuredBond: The defendant signs an agreement to appear in court and is released without having
To pay any money upfront. If they fail to appear, they maybe required to pay a
specified amount.
6)Citation Release(CiteOut): Insteadof being taken into custody, the accused
is issued a citation that orders them to appear in court at a later date. The
type of bail granted often depends on factors such as the severity of the
charges, the defendant's criminal history, and their ties to the community.

21. Cancellation of bail
Can bail be cancelled in the absence of supervening circumstances?
It is no doubt correct that cancellation of bail is not limited to the occurrence of supervenin
circumstances for a court to cancel the bail. In Ash Mohammed Vs. Shiv Raj Singh @ Lall
Babu and another [2012 (4) Crimes 144(SC)], the Supreme Court has stated that there is n
defined universal rule that applies in every single case. Hence, in no way one can say for sur
that once bail is granted to the accused, it can only be cancelled on grounds of likelihood o
abuse of the bail. In light of such observation, a court is empowered to critically analyze th
soundness of the bail order. Moreover, it should check its reasoning to avoid delivery of an
capricious order while cancelling the bail of an accused, since the liberty of an individual being
at stake makes the court all the more accountable for its decision.
So yes, the court has inherent powers and discretion to cancel the bail of an accused even i
the absence of supervening circumstances. Some of the illustrative principles are as follows:
• 1.Where the court granting bail overlooks the influential position of
the accused in comparison to the victim of abuse or the witnesses
2.Where the past criminal record and conduct of the accused is
completely ignored while granting bail.
3.Where bail has been granted on untenable grounds.
4.Where serious discrepancies are found in the order granting bail
thereby causing prejudice to justice.

22. Difference between a plea for cancellation of
bail and a plea against the order of grant of
bail!
One must be wary of a plea for cancellation of bail order vs. a plea challenging the order for
grant of bail. Although on the face of it, both situations seem to be the same. However, the
grounds of contention for both are completely different.
In an application for cancellation of bail, the court ordinarily looks for supervening
circumstances as discussed above. Whereas in an application challenging the order for grant
of bail, the ground of contention is with the very order of the Court. So, the crux of the
matter is that once bail is granted, the person aggrieved with such order can approach the
competent court to quash the decision of grant of bail if there is any illegality in the order, or
can apply for cancellation of bail if there is no illegality in the order but a question of misuse
of bail by the accused. In Pooran Vs. Ram Vilas and another (2001 (6) SCC 338),the
Supreme Court has observed, “The concept of setting aside as unjustified, illegal or perverse
order is totally different from the cancelling an order of bail on the ground that the accused
had misconducted himself, are because of some supervening circumstances warranting such
cancellation”
This principle has been reiterated in the case of Venkatesan Balasubramaniyan Vs.
Intelligence Officer, DRI Bangalore (Cr. Appeal No. 801 of 2020) wherein the SC observed
that a default bail illegally or erroneously granted under Section 167(2) CrPC can be

23. CONCLUSION
1.In every civilized society, Criminal Justice system is composed of the laws that relates to the societies
response to the crime and the procedure of administration.
2. In India the procedural law or law of procedure has been laid down Criminal Procedure Code, 1973(CrPC).
This branch of law administers the substantivelaw and therefore lays down the procedure of the criminal
justice administration.
3.Therefore procedures related to detection of crime, arrest, determination of guilt, rights of suspected
criminals are all a part of the procedural law.
4.There are three types of crimes: Cognizable and Non-Cognizable, Bailable/Non-Bailable and
Compoundable and Non-Compoundable.
5.Cognizableoffences are those offences in which police have authority to arrest the person(s) accused of
committing crime without a warrant. The Non-cognizable offences are those offences which are not of
serious nature and the police cannot arrest a person(s) without the prior approval of the court/ Magistrate.
Offences are offences in which it is mandatory to present the accused before the
magi6.Bailableoffences are offences in which the accused can claim bail as a
matter of right. The Non-bailable strate/ Judge within 24 hours of arrest.
7.Compoundable offences are those offences which can be compromised by the
parties. The non-compoundable offences are offences which are serious in nature
and hence not compoundable. Any settlement between the parties in such cases is
not authorized.

24. 10.FIR can be lodged by a victim or the witness) or any other person having due knowledge of the commissionof
the cognizable offence.
11.The FIR can be filed in writing or verbally by the victim or the witness(s) or any other person having
knowledge of the crime.
12.Incase of Refusal by the officer in charge of the Police Station to file a First Information Report, the Section
154 (3) and 156(3)provides for the remedy.
13.Arrestmeans an act of apprehending or restraining a person's liberty by taking a person accused of
committing offence under the legal control.
14.According to the Criminal Procedure code, Arrest can be made by Police, Magistrate or a private person.
15.The Indian Constitution, the Code of Criminal Procedure, judgments of the Supreme Court of India and other
Human Rights Covenants and Conventions has set several standard procedures as to the rights of arrested
person.
A reorganized CJS should not jeopardies the core values of our justice system. The regulations and procedures
must be simplified to make life easier for the common individual. Priority must be given to improving the police
force, increasing the number of judges, advancing scientific research, and building forensic labs and other critical
infrastructure. An efficient Criminal Justice System is highly important for creating a society based on order
and Justice System India's Criminal Justice has become age-old and requires thorough reform. To this end, the
Justice V.S. Mali math committee has suggestedseveral important recommendations that can improve the
system to a great extent. There is a need to revamp India's Criminal Justice System at all levels-Police, Judiciary,
and prison.