PPT CRPC PRESENTATION A COMPARISION THEORY

LAW

1. The Code of Criminal Procedure, 1973 By Assistant Professor Dr. Meenakshi Sharma

2. What is the Code of Criminal Procedure, 1973? The CrPC is a comprehensive document designed to provide due process to the accused by laying down a procedure for cognizance, arrest, bail, collection of evidence, trial and determination of innocence or guilt.

3. Why do we need the Criminal Procedure Law? Anyone who has a rudimentary knowledge of criminal law will know that it deals with what amounts to an offence and what are the penalties associated with such offences. However, the nature of most criminal punishment is such that it confines the individual liberty of a person. Imprisonment, if illegal, violates some of the most basic freedoms and rights associated with a democracy. Thus, we need a law that sets the state’s machinery running with respect to enforcing law and order and imparting justice, and regulates the procedure followed by these institutions.The Criminal procedure code refers to the working of these institutions for the entire time period between when a crime has been committed until the time the sentence against the crime is passed and the case is closed. It refers to the machinery to be adopted by the State when a violation of the penal law, i.e., offence under the Indian Penal Code, has been detected or reported.

4. What is an offence ? An offence is a transgression of the law, by action or omission. That means there may be some cases where the law requires you to abstain or refrain from performing a particular act. There may also be cases where the law requires you to take a positive action, failing which you may be held liable for the offence. Types of Criminal Offences : Bailable offence and Non-bailable offence Cognizable and Non-Cognizable offence

5. Hierarchy of court (section 6-23) The setup of criminal courts in India is of 2 types i.e. District and Metropolitan areas. District The setup of criminal courts in district areas 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 magistrate Judicial magistrate second class  Special magistrate court

6. 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.

7. Classes of criminal courts Section 6  of the Cr.P.C provides for the classes of criminal courts in every State apart from the High Courts and the Supreme Court, namely – Court of Session Judicial Magistrates of the first class and, Metropolitan  Magistrates in any metropolitan areas  Judicial Magistrates of the second class; and  Executive Magistrates

8. Public Prosecutor (section 24 to 25 A) A Public Prosecutor is considered as the agent of the state to represent the interest of common people in the criminal justice system. The prosecution of the accused is the duty of the state but not individually the duty of the aggrieved party. They are appointed in almost all countries. The Public Prosecutor is defined in  Section 24  of Cr.P.C . They serve as the basic principle of Rule of Law i.e.  auld alteram partem  (no person shall be condemned unheard). Section 2(u)  of the Code of Criminal Procedure defines Public Prosecutor. “A person who is appointed under Section 24 of CrPC and it also includes any person who is acting under the directions of the Public Prosecutor.

9. BASIC CONCEPTS AND DEFINITIONS Bailable and non-bailable offences [2(a)] Bailable offence  is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail. These are the cases where the grant of bail is a matter of course and right.  If a person is held under a non-bailable presence , he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is  under sixteen , a  woman ,  sick or infirm , or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.

10. Cognizable and non-cognizable offences (154) Offences can be categorized into various types, but we will particularly focus on two : Cognizable Offences and Non-cognizable Offences. Under Cr.P.C ., Cognizable Offence is discussed under Section 154. Section 2(c) of Cr.P.C . defines it to be an offence in which the police officer can arrest the convict without a warrant and can start investigation without the due permission of the court. These are the offences that are usually very serious and generally heinous in nature. For example: Rape, murder, kidnapping, dowry death etc. All cognizable offences are non-bailable due to their serious and heinous nature. Section 2(1) of Cr.P.C . defines Non-cognizable Offence. It refers to it as an offence for which a police officer has no authority to arrest without a warrant. These are the offences that are not serious or usually petty in nature. For example: assault, cheating, forgery, defamation etc. Non-cognizable offences are usually bailable because of their non serious nature.

11. Police report [173(2)] Section 2(r)  of CrPC talks about the expression ‘police report’, according to which a report is forwarded by a police officer to a Magistrate under  Section 173(2) . The report should be in the manner that is prescribed by the State Government as per the particulars mentioned in clause (a) to (g) of sub-section(2) of Section 173. The police report submitted under this section is called the End Report. If this report constitutes an attempt of a crime by an accused person, that report is commonly called the “charge-sheet” or the “challan”.

12. Investigation [2(h)] The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure, Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. The investigation of an offence consists of: Proceeding to the spot. Ascertainment of facts and circumstances of the case. Discovery and arrest of the suspect. Collection of evidence which may include: Examination of persons concerned and reducing their statement to writing. Search and seizure of places and things respectively considered necessary.

13. Trial To further proceed with the various concepts associated with Trial in the criminal system in India, we must learn with the very basic concept of trial. The term ‘trial’ basically means the Court’s decision or a judicial judgement by the Court so as to decide the person’s guilt or innocence. A trial is of a very crucial importance in a criminal case. Section 190 CrPC[v] states those requirements that need to be accomplished before proceedings can be started by the Magistrate, this statement basically means the power of the Magistrate to take knowledge of a case. Section 204 of CrPC basically provides the Magistrate with the sole power of either to take the case into consideration or to reject the case on some grounds. This section also determines the stage whether a case can enter the stage of trial or not.

14. Summons and warrants case [2(w), 2(x)] “Summon” is a document that commands a person to whom it is served to appear before the court and to answer the complaint made against him. Summon is issued by the Magistrate to the accused under section 204(1) (a) of Cr.P.C , 1973. “Summon case” means a case relating to an offence, not being a warrant case. Summon cases can be referred from the definition of the warrant case i.e., offences punishable with death, imprisonment for life and imprisonment for the terms exceeding two years called as warrant cases. So summon cases are those in which punishment will not exceed imprisonment for two years. It can be said that summon cases are not of serious nature, so it needs to be decided speedily, without dispensing the requisites of the fair trial. The procedure to deal with such matters is provided in section 251 to 259 of Cr.P.C , 1973 which is not as serious/formal as other trials

15.  Arrest and Right of an arrested person [50(1), 50(2), 57, 303, 304] Section 50  of CrPC says that every police officer or any other person who is authorised to arrest a person without a warrant should inform the arrested person about the offence for which he is arrested and other grounds for such an arrest. It is the duty of the police officer and he cannot refuse it.   Section 50A  of CrPC obligates a person making an arrest to inform of the arrest to any of his friends or relative or any other person in his interest.  Section 55  of CrPC states that whenever a police officer has authorised his subordinate to arrest any person without a warrant, the subordinate officer needs to notify the person arrested of the substance of written order that is given, specifying the offence and other grounds of arrest.    Article 22(1)  of the Constitution of India also states that no police officer should arrest any person without informing the ground of arrest.

16. Right to be Produced before the Magistrate without Unnecessary D elay Section 55  of CrPC states that a police officer making an arrest without a warrant should produce the arrested person without unnecessary delay before the Magistrate having jurisdiction or a police officer in charge of the police station, subject to the conditions of the arrest.  Section 76  of CrPC states that the police officer executing a warrant of arrest should produce the arrested person before the court before which he is required by law to produce the person. It states that the person should be produced within 24 hours of arrest. While calculating the time period of 24 hours, it must exclude the time which is required for the journey from the place of detaining to the Magistrate Court. 

17. Rights to be released on Bail Subsection(2) of Section 50  of CrPC states that when a police officer arrests any person without a warrant for an offence other than non-cognizable offence; he shall inform him that he has a right to release on bail and to make an arrangement for the sureties on his behalf. Rights to a fair trial Any provision related to the right to a fair trial is not given in CrPC, but such rights can be derived from the Constitution and the various judgements.  Article 14  of the Constitution of states that ” all persons are equal before the law ”. It means that all the parties to the dispute should be given equal treatment.

18. Right to Consult a Lawyer Section 41D  of CrPC states the right of the prisoners to consult his lawyer during interrogation. Article 22(1)  of the constitution states that the arrested person has a right to appoint a lawyer and be defended by the pleader of his choice. Section 303  of CrPC states that when a person is alleged to have committed an offence before the criminal court or against whom proceedings have been initiated, has a right to be defended by a legal practitioner of his choice.

19. In D.K Basu vs  State of West Bengal and others   In D.K Basu VS State of West Bengal and others , this case is a landmark judgement because it focuses “on the rights of the arrested person and it also obligates the police officer to do certain activities”. The court also states that if the police officer fails to perform his duty then he will be liable for contempt of court as well as for the departmental actions. Such matter can be instituted in any High Court having the jurisdiction over the matter.

20. Provision of bail under the code (436-450) What is bail ? The term ‘bail’ means a kind of security or bond which is given to release a person from prison. It is a pro tem release of a criminal before his trial begins. The term ’bail’ is not defined anywhere in the Criminal Procedure Code, 1973, however, the terms ‘bailable offense’ and ’non-bailable offense’ are defined in  Section 2(a) of Cr.P.C . Section 436 of CrPC  states that any person who is detained by a police officer, who doesn’t have a warrant or that person is prepared in the custody of the police officer before the court has granted him bail, shall be released on bail through a bond without any kind of sureties.

21. Types of bail Regular bail When a person has been arrested and is kept in custody, then the person can be released on a regular bail under  Section 437  and  Section 439  of the Cr.P.C . Section 437 It states that, if any person is detained for the commission of a non-bailable offense, without a  warrant by a police officer, or when there are reasons to believe that there are not sufficient grounds to prove that the person has committed any non-bailable offense, then he can be released.  Section 439 It gives special powers to the High Court and the Court of Sessions regarding the same. It enables these courts to release the people on bail for the offenses specified in  Section 437(3) of CrPC . The court can impose any condition which it thinks is necessary. It further provides that any condition which the Magistrate imposes can be set aside if the High Court has granted bail after giving notice to the public prosecutor. 

22. Interim bail Before the procedure for granting a regular bail or anticipatory bail, interim bail is provided. It is given for a temporary period. The reason behind this is that the granting of bail by the High Court or the Court of Session requires documents to be sent by the lower courts, which takes time. So, for the time being, the provision of interim bail is provided. The Interim bail can be extended and if its period expires then the person to whom it is granted has to be put in jail again.

23. Anticipatory bail Section 438 of the Criminal Procedure Code , provides the direction for a person apprehending arrest for any reason to believe.It provides that any person who anticipates that he can be arrested in pursuance of any accusation of committing a non-bailable crime can apply for the grant of anticipatory bail. Application has to be made to the High Court or the Court of Sessions. According to this Section if a person is released then there are some conditions that will follow- The person has to be present during the investigation whenever required, The person can not induce any person to disable him to enclose the facts against him during the proceedings, The person shall not leave India without the prior permission of the court. 

24. Appeals (372-394) An appeal is a tool given to the parties of a case to ensure justice is served and all the parties are satisfied by the judgment. After hearing all the parties in a case, a competent court pronounces the judgment and if the parties are not satisfied with the judgment they have a right to appeal to a higher court. Such an appeal would give the aggravated party another opportunity to present their case to a higher authority or the Appellate Court who would judge the case with a fresh perspective and if there are any wrongdoings, they would be corrected. When the verdict is unreasonable or not supported by evidence, or when there is miscarriage of justice on any grounds, then such a verdict can be appealed.

25. CASE LAWS UNDER CRPC The principle of natural justice should be considered in respect of both the parties. Right to a speedy trial is recognized in the case    Huissainara khatoon vs Home Secretary, State of Bihar , the court held- “ the trial is to be disposed of as expeditiously as possible ”.  (RIGHT OF AN ARRESTED PERSON) Amiya kumar v. state of west Bengal 1978 Cri.LJ 288  In the instant case, it was held that section 438 of the code empowers both the high court and the session’s court to grant the anticipatory bail. Both the high court and the Sessions court have the competency to grant this bail. If the Sessions court rejects the petition filed by the applicant for the anticipatory bail then he can’t file the petition for the same in the high court.  (PROCEDURE OF BAIL)

26. 3. In the case of  State of Punjab vs Kala Ram @ Kala Singh (2018) , the Court held that under Section 366(2) of CrPC the court while passing the conviction shall grant the jail custody of the convicted person under a warrant i.e. the person shall be kept in custody and not as a punishment. The ‘safe keeping’ in jail custody is the limited jurisdiction of the jailor. It is a trusteeship in the hands of the Superintendent, and not an imprisonment in a real sense.  (SUBMISSION OF DEATH SENTENCE) 4. Javer Chand and Ors . V. Pukhraj Surana, 1961  In this case, it was held that the Court does not proceed further whenever an objection is raised in the court without passing any order on such an objection.  If there is an objection on the stamp duty of a document, then objection will be decided then and there before proceeding further.  (GENERAL PROVISIONS AS TO INQUIRY AND TRIAL)