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1. PRESENTATION ON
10.07.2023
RELEVANT PROVISIONS
UNDER CrPC AND IPC
APPLICABLE DURING THE
INVESTIGATION/RAID

2. • The present Code of Criminal Procedure was
introduced in the year 1973.
• A person committing an offence is not automatically
stigmatised and punished nor it is likely that the
offender would normally volunteer to confess his guilt
and receive the sentence.
• It is for this reason that Law of Criminal Procedure is
designed to provide machinery for administering
substantive criminal law.
• CrPC provides the enforcement mechanism to the
substantive criminal law and other laws.
• The object of the criminal procedure code is to set out
a body of rules which must be followed in the
investigation, enquiry and trial of offences under the
Indian Penal Code as well as offences under other
Acts.

3. Definitions of some commonly used
words in criminal procedure
• Cognizable and Non Cognizable Offence
• Generally, cognizable offences are of serious nature
which involve imprisonment of more than three years.
However, there is no such precise rule. To be
cognizable, an offence must be declared so by the law
defining that offence.
• Several offences which carry less prison term such as
rioting (2 yrs) have been declared cognizable, while
several with bigger prison term such as False Evidence
(7 yrs) is not
• Cognizable offence means an offence for which a police
officer may in accordance with the First Schedule (CrPC)
or under any law for the time being in force (Like Drugs
and Cosmetics Act, 1940) arrest without a warrant

4. • Bailable and Non Bailable offence
• Bailable offences means an offence which is shown as
bailable in the first schedule (CrPC) or which is made
bailable by any other law ( Like Drugs and Cosmetics
Act, 1940) for the time being in force and ‘non bailable
offence’means any other offence.
• When the bail is granted, a security is obtained from the
person to whom the bail is granted which will be forfeited
if he jumps bail.
• Another person stands as a surety who agrees in the bail
bond to pay a specific amount of money (as mentioned
in the bail bond)if the accused fails to comply with their
bail undertaking to appear in court

5. • When bail can be denied?
 When a person accused of, or suspected of, the commission of any
non bailable offence is arrested or detained by a police officer or
brought before a court, he may be released on bail but:-
 If their appears reasonable grounds for believing that he has been
guilty of an offence punishable with death or imprisonment of life
 If such offence is a cognizable offence and he has been previously
convicted for death or imprisonment for life or imprisonment of
seven years or more or previously convicted on two or more
occasions of a cognizable offence punishable with imprisonment for
3 years or more but not less than 7 years
 There is a reasonable chance that he may tamper with the evidence
 He may influence the witness
 He is an influential person
 There is an apprehension that he may abscond to other country
• Anticipatory Bail
• Where any person has reason to believe that he may be arrested on
accusation of having committed a non-bailable offence, he may
apply to the High Court or the Court of Session for a direction that in
the event of such arrest he shall be released on bail.

6. • Compoundable
• Offences classified as
compoundable by section
320 of CrPC
• Offence mostly affects a
private party.
• The victim and the offender
may reach compromise with
or without the permission
of the court depending on
the offence
• Upon compromise, the
offender is acquitted
without any trial.
• Non Compoundable
• Rest of the offences
• Private party as well as
society both are
considerably affected by
the offence.
• No compromise is allowed.
Even court does not have
the power to compound
the offence.
• Full trial is held and
acquittal or conviction is
given as per the evidence.

7. • Discharge-section 227/239
• Discharge does not mean
that the accused has not
committed the offence. It
just means that there is not
enough evidence to proceed
with the trial. Acquittal
means that the accused has
been held innocent.
• If further evidence is
gathered later on, the
accused may be tried again.
• Acquittal –section 232/248
• Acquittal means that the
accused has been held
innocent.
• The accused cannot be tried
again for the same offence
once he has been acquitted.

8. Classification of Courts and their
meaning
• The setup of criminal courts is at 3 levels: –
• At the lower level of the judiciary the courts are called
courts of Judicial Magistrate which are of 3 types: –
• Judicial Magistrates of the first class and, in any
metropolitan area, Metropolitan Magistrates
• Judicial magistrate second class
• Special magistrate court/Executive Magistrate
• At the middle level of the judiciary, the courts at the
sessions level include:
• Court of sessions
• Additional courts of sessions
• Assistant courts of sessions
• Special courts
• At the higher level of the judiciary, there are the High
Court and Supreme Court.

9. Power of Sentence
• Sessions Judge and
Additional Sessions
Judge
• Assistant Sessions
Judge
• Chief Judicial
Magistrate Chief
Metropolitan
Magistrate
• Judicial Magistrate of I
class or Metropolitan
Magistrate
• Judicial Magistrate of II
class
• Any sentence authorized by
law. But death sentence to
be confirmed by the High
Court
• Imprisonment upto 10
years and fine authorized
by law
• Imprisonment upto 7 years
and fine authorized by law
• Imprisonment upto 3 years
and fine not exceeding Rs.
10000.
• Imprisonment upto 1 year
and fine not exceeding Rs.
5000

10. COMPLAINT
1. The Complaint has been defined in Section 2 (d) of
CrPc 1973.
2. It states that any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this
Code, that some person, whether known or unknown, has
committed an offence, but it does not include a police
report or statement.
3. Ingredients of complaint:
•first allegation with a view to take action
•second orally or in writing
•Third filed by known or unknown person
•fourth police report not included under section 173

11. Once a complaint has been filled, the magistrate can:
1)Order investigation under section 156 clause 3 of CRPC
2)Issue a search warrant under section 93
3)Take cognizance under section 190 1A section 200 and section
202
4)Dismissal of complaint under Section 203
5) Issue process under section 204
Procedure of complaint before magistrate
•Second 200: examination of complaint
•Section 201: procedure by magistrate not competent to take
cognizance of the case
•Section 202: postponement of issue of process
•Section 203: dismissal of complaint
The magistrate cannot issue summons to the accused until he is
satisfied that the proceedings should proceed.

12. Section 200 :examination of complainants
Complaint can be made verbally or in writing after taking cognizance
magistrate examine the complainant and the witnesses on oath.
Substance of the examination is to be reduced in writing and signed by the
complainant as well as the witness also by the magistrate.
Section 200 provides 2 exception with respect to examination of the
complainant and witnesses:
1.First one complaint it is a public servant acting in his official duty or where
Court has made the complaint example false evidence.
2.Second where the magistrate make over the case for enquiry or trial to
another magistrate under section 192 of CRPC.
Object is to ascertain whether there is prima facie case against accused or
not.
The provision is mandatory and not discretionary.
When examination not necessary
A.When complaint is made by public servant examination of complainant is
not necessary
B.When complaint is in writing and magistrate makes over the case then he
need not examine the complainant and witness
C.When complaint made in wrong Court
D.If complaint is in writing the return it for presentation to proper Court
E.If not in writing Then direct the complaint to proper Court

13. Section 201: Procedure by magistrate not competent to take cognizance
of the case
a.If the complaint filed with the magistrate who cannot take cognizance of the
offence he shall,
b.If the complaint make in writing the return it also ask him to present the
complaint in proper Court
c.If the complaint not made in writing direct the complaint to the proper Court
Section 202: enquiry or investigation for further scrutiny of complaint
postponement of issue of process
Or receiving a complaint the magistrate has the power to first enquire into the
The Case himself or direct investigation by police officer.
This is called postponement of issue of process.
However if magistrate it is satisfied that there are sufficient grounds for
proceedings against the accused no such postponement is required and
section 204 of CrPC is triggered.
Other words magistrate if think fit in case where accused is residing beyond
his jurisdiction then he may postponed the issue of process against accused
and either enquire into case himself or direct an investigation to be made.

14. Section 203 : Dismissal of complaint
If after considering the statement of both of the complaint end
of the witnesses and the result of the enquiry or investigation
under section 202 of CRPC the magistrate is of opinion that
there is no sufficient grounds for preceding usual dismiss the
Complaints and in every such case he shall briefly record the
reasons for so doing.
Essential elements of dismissal of complaint
I.If upon statement of complainant he found that no offence is
made out
II.If he was trust the statement made by complainant
III.After enquiry or investigation no Grounds is found

15. Limitation
• Section 468 of CrPC provides for Bar to taking cognizance after
lapse of the period of limitation
• The period of limitation shall be-
– six months, if the offence is punishable with fine only;
– one year, if the offence is punishable with imprisonment for a term
not exceeding one year;
– three years, if the offence is punishable with imprisonment for a
term exceeding one year but not exceeding three years.
• For the purposes of this section, the period of limitation, in relation to
offences which may be tried together, shall be determined with
reference to the offence which is punishable with the more severe
punishment or, as the case may be, the most severe punishment.
• However, this Section does not lay down the period of limitation for
offences punishable with imprisonment exceeding three years.
Meaning thereby there is no outer limit qua the limitation in relation to
the offences having punishment for three years or more.
• Limitation can be condoned subject to the satisfaction of the Court.

16. Investigation and filing of case
• Investigation : Investigation includes all the
procedures for the collection of evidence. In its
ordinarily meaning and sense it includes
ascertainment of facts, search for relevant data and
material.
• The following steps are required to be carried out
during investigation under CrPC :-
• Proceeding to the spot;
• Ascertainment of the facts and circumstances of
the case;
• Discovery and arrest of the suspected offender;

17. Continue…
• Collection of evidence relating to the commission of
the offence which may consist of
• the examination of various persons for taking their
statements
• the search of places or seizure of things considered
necessary for the investigation and to be produced
at the trial;
• Formation of the opinion as to whether on the
material collected there is a case to place the
accused before a Magistrate for trial.

18. Issue relating with the investigation
• Save and except some exceptional situation, the
interference by any court in the investigation is not
permissible.
• The person investigating is not legally obliged to take the
opinion of the public prosecutor or any authority except
the superior officer.
• However investigation could be done even after submission
of the case before the court, if fresh discovery of material is
made.
• Further investigation is permissible, however, re-
investigation is prohibited, unless the subject trial
permission has been obtained in this regard.
• For further investigation one does not require to take prior
permission from the Magistrate.

19. Continue…
• Irrespective of the case filed before the Magistrate if a person
investigating obtains further evidence, it is incumbent on his part to
forward the same to the Magistrate with a report with regard to such
evidence.
• The accused has no right to be heard at the stage of investigation.
• Upon receipt of the report, the Magistrate is entitle to take
cognizance of the offence and initiate trial.
• The Law is well settled that the defect in the investigation by itself
cannot be a ground for acquittal.
• The investigation is not a solitary area for judicial scrutiny in trial.
• The conclusion of the trial in the case cannot be allowed to defend
solely probity of investigation.
• It is obligatory upon the investigating officer to forward to the
Magistrate along with his complaint all documents or relevant
extracts thereby on which the investigating officer proposes to rely
upon.

20. • The word ‘search’ refers to the operation of government
machinery that involves checking through or carefully
inspecting a location, area, person, object, etc. to detect
something hidden or to reveal the pieces of evidence of
a crime.
• Lookout for an individual or a car or premises, but only
after taking necessary and legitimate lawful approval.
• “Seizure” is a vigorous action that unexpectedly takes
over, captures, removes, or overwhelms an entity or an
individual.
• A raid is a surprise attack against a position or
installation for a specific purpose other than seizing and
holding the terrain.
• Raids are a search conducted on a property suspected
of involvement in criminal activity.
• There are six essential elements of Raid: planning,
preparation, intelligence, coordination, execution, and
safety

21. • The word ‘search’ refers to the operation of
government machinery that involves checking
through or carefully inspecting a location,
area, person, object, etc. to detect something
hidden or to reveal the pieces of evidence of
a crime.
• Lookout for an individual or a car or
premises, but only after taking necessary and
legitimate lawful approval.
• “Seizure” is a vigorous action that
unexpectedly takes over, captures, removes,
or overwhelms an entity or an individual.

22. • PANCHNAMA:
• Traditionally, panchas were five persons who acted as
witnesses during police raids.
• Currently, however, there are two persons who are
“respectable inhabitants of society” meant to be
independent witnesses who should be present with the
police during search and seizure.
• The two act as witnesses to corroborate in writing
down things that are seized from the scene of crime.
• The document so prepared, where the witnesses or
panchas affirm the things found from the spot by
signing it, is called a panchnama.
• Panchnama is used during the trial to support the
evidence provided by the prosecution and confirm the
authenticity of the seizure.
• There are various forms of panchnama, like spot
panchnama to inquest panchnama, and in addition to
criminal cases, panchnamas are also used in civil
cases.

23. Relevant Provisions in IPC
• 274. Adulteration of drugs
• Whoever adulterates any drug or medical preparation in such a
manner as to lessen the efficacy or change the operation of
such drug or medical preparation, or to make it noxious,
intending that it shall be sold or used for, or knowing it to be
likely that it will be sold or used for, any medical purpose, as if it
had not undergone such adulteration, shall be punished with
imprisonment of either description for a term which may extend
to six months, or with fine which may extend to one thousand
rupees, or with both.
• 275. Sale of adulterated drugs
• Whoever, knowing any drug or medical preparation to have
been adulterated in such a manner as to lessen its efficacy, to
change its operation, or to render it noxious, sells the same, or
offers or exposes it for sale, or issues it from any dispensary for
medicinal purposes as unadulterated, or causes it to be used
for medicinal purposes by any person not knowing of the
adulteration, shall be punished with imprisonment of either
description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both

24. Continue…
• 276. Sale of drug as a different drug or preparation
• Whoever knowingly sells, or offers or exposes for
sale, or issues from a dispensary for medicinal
purposes, any drug or medical preparation, as a
different drug or medical preparation, shall be
punished with imprisonment of either description
for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or
with both.

25. Other important issues
Writs
• Habeas Corpus: 'to bring back the body of'. This type of
writ is used when unlawful detention has occurred to
enforce the fundamental right of individual liberty.
• Mandamus: Bring back the order
• Prohibition: Literal meaning of Prohibition is 'to forbid.'
This type of writ is used when a court which is in lower
position i.e., the lower court exceeds its jurisdiction
which is not possessed by it
• Certiorari: Literal meaning of Certiorari is 'to be certified'
or 'to be informed. This writ is issued on the basis of an
excess of jurisdiction or lack of jurisdiction or error of law.
• Quo-Warranto: Call back the person. Literal meaning of
Quo-Warranto is 'by what authority or warrant. This type
of writ is used when an illegal usurpation of a public
office by a person is done and the legality of a claim of a
person to office is enquired.

26. Section 482 CrPc
• Nothing in the Code of criminal
procedure shall be deemed to limit or
affect the inherent powers of the High
Court to make such orders as may be
necessary to give effect to any order
under this Code, or to prevent abuse
of the process of any Court or
otherwise to secure the ends of
justice.

27. Cont..
• The inherent jurisdiction of the High Court could be
exercised to quash the proceedings -:
• Where there is a legal bar against the proceedings;
• Where the allegations in the first information or the
complaint do not constitute the offence alleged;
• Where either there is no legal evidence adduced in
support of the charge or the evidence adduced
clearly or manifestly failed to prove the charge.
• Prevent abuse of the process of court.
• Secure the ends of justice.

28. Cont..
• The Supreme Court summarized the legal position by laying the following
guidelines to be followed by High Courts in exercise of their inherent
powers to quash a criminal complaint:
• Where the allegations made in the first information report or the complaint,
even if they are taken at their face value and accepted in their entirety do
not prima facie constitute any offence or make out a case against the
accused.
• Where the allegations in the first information report and other materials, if
any, accompanying the FIR do not disclose a cognizable offence, justifying
an investigation by police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of Section 155(2) of the
Code.
• Where the allegations made in the FIR or complaint and the evidence
collected in support of the same do not disclose the commission of any
offence and make out a case against the accused.
• Where the allegations in the FIR do not constitute a cognizable offence
but constitute only a non-cognizable offence, no investigation is permitted
by a police officer without an order of a Magistrate as contemplated under
Section 155(2) of the Code.

29. Cont..
• Where the allegations made in the FIR or complaint are so
absurd and inherently improbable on the basis of which, no
prudent person can ever reach a just conclusion that there is
sufficient ground for proceeding against the accused.
• Where there is an express legal bar engrafted in any of the
provisions of the Code or the concerned Act (under which a
criminal proceeding is instituted) to the institution and
continuance of the proceedings and/or, where there is a
specific provision in the Code or the concerned Act, providing
efficacious redress for the grievance of the aggrieved party.
• Where a criminal proceeding is manifestly attended with mala
fide and/or where the proceeding is maliciously instituted with
an ulterior motive for wreaking vengeance on the accused
and with a view to spite him due to private and personal
grudge.

30. THANK YOU