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1. Indian Penal Code & Code of Criminal Procedures
Ravish Yadav

2. Objective – To provide general penal code for India.
- Came into force from 1.1.1862.
Applicable to the whole of India except the State of
Jammu and Kashmir.
Operation of the provisions:
•Territorial – Provisions applicable to offences
committed within India.
•Extra-territorial – Provisions applicable to
a) offences committed by citizens of India outside
India;
b) offences committed on ships and aircrafts regd.
in India
2

3. OFFENCE
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.
CASE

4. CLASSIFICATION OF OFFENCES
• Cognizable and non-cognizable offences
• Bailable and non-bailable offences
• Compoundable and non-compoundable offences.
• Warrant cases and Summon cases

5. COGNIZABLE OFFENCE
An offence for which a police officer
• May arrest without warrant and
• Can investigate without any order or direction of a Magistrate.

6. NON-COGNIZABLE OFFENCE
An offence for which there can be
• No arrest without warrant and
• No investigation without the orders of the Magistrate.

7. BAILABLE OFFENCE
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
concerned.
NON-BAILABLE OFFENCE

8. 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.
An offence which cannot be compounded.
NON-COMPOUNDABLE OFFENCE

9. WARRANT CASE
•A case relating to an offence punishable with
•death,
•imprisonment for life or
•imprisonment for a term exceeding two years.
A case relating to an offence which is not a
warrant case
SUMMONS CASE

10. 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.

11. 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.

12. TRIAL
• The judicial process
• in accordance with law
• whereby the question of guilt or innocence of the person accused of
an offence is determined.

13. 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.

14. 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.

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. 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. 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. COMPELLING APPEARANCE
OF PERSON - PROCESSES
•Summons
•Warrant of arrest
•Proclamation and
•Attachment of property

19. COMPELLING PRODUCTION OF THINGS -
PROCESSES
•Summons
•Search
•With warrant
•Without warrant
•Seizure