CODE OF CRIMINAL PROCEDURE LEGAL RULES

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The Code of Criminal Procedure generally called the Criminal Procedure Code (CrPC) is the principal legislation on procedure for administration of substantive criminal law in India. It was established in 1973 and came into force on 1 April 1974. It gives the tools for the examination and investigation of crime, apprehension of suspected criminals, collection of evidence, the purpose of guilt or innocence of the accused person and the purpose of the punishment of the guilty. It also trades with public nuisance, obstruction of offenses and maintenance of wife, child, and parents.

At present, the act contents 484 sections, 2 schedules, and 56 forms. The sections are parted into 37 chapters.

                               

 

Division of offenses under the Code-

 

Cognizable and non-cognizable offenses

Cognizable offenses are those offenses for which a police officer may arrest outwardly a court-mandated warrant following the first schedule of the code. For non-cognizable cases the police officer may arrest only after doing duly approved by a warrant.

Non-cognizable offenses are, usually, almost less serious offenses than cognizable ones. Cognizable offenses listed under section 154 Cr.P.C while non-cognizable offenses listed under section 155 Cr.P.C. For non-cognizable offenses the Magistrate allowed to take cognizance under section 190 Cr.P.C. Under section 156(3) Cr.P.C the Magistrate can direct the police to register the case, investigate the same and submit the challan/report for cancellation. 

 

Summons-case and warrant-case

Under Section 204 of the Act, a Magistrate exercising cognizance of an offense is to matters a summons for the appearance of the accused if the case is a summons case. If the case looks to be a warrant case, he may issue a warrant or summons, as he sees fit. Section 2(w) of the Code defines summons-case as, a case linking to an offense, and not being a warrant-case. Section 2(x) of the Act defines warrant-case as, a case relating to an offense culpable with death, imprisonment for life or imprisonment for a time exceeding 2 years.

 

Bodies functions under the Code

  1. Supreme Court of India
  2. High Courts
  3. District and Session Judge and Additional District Judges(ADJ)
  4. Judicial Magistrates
  5. Executive Magistrates
  6. Police
  7. Public prosecutors
  8. Defence Counsels
  9. Correctional services personnel

 

Sentences which Magistrates may pass

  • The Court of a Chief Judicial Magistrate may pass any order authorised by law without a sentence of death or imprisonment for life or of imprisonment for a term exceeding 7 years.
  • The Courts of Judicial Magistrate of First Class may pass a sentence of imprisonment for a time not exceeding 3 years, or of fine not exceeding ten thousand rupees (sub by act 25 of 2005 for rs. 5000), or of both.
  • The Courts of Judicial Magistrate of Second Class may pass a penalty of imprisonment for a term not exceeding 1 year, or of fine not exceeding rs.5000(sub by act 25 of 2005 for rs.1000), or of both.
  • The Court of a Chief Metropolitan Magistrate shall have the rules of the Court of a Chief Judicial Magistrate and the court of a Metropolitan Magistrate shall have the leadership of the Courts of Judicial Magistrate of First Class

 

Bailable offenses and non- bailable offenses (Section 2(a)-

bailable offenses" means an offense which is given as bailable in the First Schedule, or which is happened bailable by any other law for the time remaining in force;

And" non- bailable offenses" indicates any other offenses;

 

2(b) “Charge" add any head of charge when the charge includes more heads than one;

 

2(c)” cognizable offenses" means an offenses for which, and" cognizable case" means a case in which, a police officer may, following the First Schedule or under any other law for the time being in power, arrest without warrant;

 

2(d) “Complaint" means any charge 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 done an offenses, but does not constitute a police report. Explanation.- A report made by a police officer in a case which reveals, after investigation, the commission of a non- cognizable offenses shall be considered to be a complaint; and the police officer by whom such statement is made shall be deemed to be the complainant;

 

Sessions Trial Procedure

 

  1. Police case­225 to 237 Cr.P.C

 

Chapter XVIII of Cr.P.C starting with sec.225 and closing with sec.237 deals with the ways on which the trial to occur before a court Session. A prosecution should be accompanied by a public prosecutor before a court session. When accused come before the court the public prosecutor should open the case by explaining the charge brought upon the accused and the evidence that shows his guilt. After examining the evidence from the prosecutor and the accused the session court makes a determination. If the documents provided by the prosecutor have no grounds for proceeding against the accused, the session court shall discharge the accused. If the judge found the documents prove the accused guilty, then he makes a decision about the charge and he will write it. At this stage, the judge will only grant the prosecution’s document and he will not hold any documents from the accused.

 

  1. Complaint case: S.190 to 210 of Cr.P.C.

 

Chapter XIV of Cr.P.C deals with the provisions to examine the complaint cases. Section 190 to 204 deals with the evidence of cases and section 190(1) says that the Magistrate can take evidence of offense upon a complaint, upon a police report or upon his own information or report from another person.

 

Chapter XV of Cr.P.C says about the procedure to follow by the Magistrate when a charge is made to him. The Magistrate can enquire about the evidence by himself or with the advice of the police. After the investigation, the court will examine the documents and if it found wrong then the accused will be removed and if it found true then the Magistrate will publish the summons.

 

The other Important Cr.P.C sections in the trial court are

 

317 Crpc – Petition filed for the absence of accused

 

207 Crpc – For copies

 

311 Crpc – To recall a witness at any stage after trial

 

91 Crpc – To produce documents

 

205 Crpc – Apperence dispence of accused

 

239 Crpc – Discharge of accused

 

257 Crpc – withdrawal of the complaint

 

301 Crpc – To assisting the prosecution

 

302 Crpc – Private prosecution

 

156(3) Crpc – Direction to list a case

 

173(5) (8) Crpc – Additional documents to be filed after filing a charge sheet

 

167(2) Crpc Bail in necessary provision in Sessions case -90days Below 3 years penalty cases – 60 days

 

437 Crpc Lower court bail

 

438 Crpc sessions bail / Anticipatory bail

 

439 Crpc High court bail 

 

 

 

 

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