MODULES 1-4

Question 1

inquiry, investigation, trial

Answer 1

Investigation- Collection of evidences by- PO or any other person
Inquiry-Done by court
Trial -Not defined. It begins after charge framing

Question 2

FIR

Answer 2

Sec154-
info given in writing or reduced to writitng- cognizable offence, must be signed by informant. if the offence is under sec 354 ipc - assaulting women- then fem oficer must record
if individual is disabled then recorded at their place of residence

IF PO REFUSES to record then escalate to SP or DGP
- fir can only be registered after the act occurs.

Question 3

occurence report s157

Answer 3

Station House Officer after registering FIR - sends report to area magistrate

Question 4

s159

Answer 4

when PO decides not to investigate and sends report to Jud. Mag. Then JM can order investigation under this section or can hold preliminary inquiry.

Question 5

sec155

Answer 5

Information for non-cognizable offence
When a non-cognizable offence is committed in the territorial jurisdiction of the police station- must be recorded in police diary–> report to magistrate.
Area magistrate will order for investigation, who has power & competency to try.
Police officer has all the powers to investigate but he cannot arrest without warrant.
When two or more offences are committed, if any one is cognizable offence then nature of case will be cognizable case- then police has all right to investigate both offences

Question 6

3 types of reports at diff stages

Answer 6

s.157- prelim report- officer in charge –> magistrate
s.168- report from subordinate officer to officer in charge of station
s. 173- final report from OIC to magistrate after investigation is complete

Question 7

S.156(3)

Answer 7

Police officer’s power to investigate cognizable case- any officer can ivestigate without order from magistrate

Question 8

sec190

Answer 8

Any Magistrate empowered under section 190 may order such an investigation / even if PO denys investigatin

Question 9

Power to hold investigation or preliminary inquiry

Answer 9

S159- gives power to the magistrate either to investigate or can hold preliminary inquiry.

Question 10

sec160-164A

Answer 10

examination of witness

s160- any person may be called to station regarding a crime- witness / victim except- women, men (under 16 or ovr 65) and mentally /physically disabled ppl

s161- examination of witness - PO can record the statements of the accused & material witnesses.
Such recordings should be made during the course of examination.
Witness is bound to answer although he can refrain from answering self-incriminatory ques. (Nandani Satpathi v. P.L. Dani,1978).

s162- 162- Statement made in the course of investigation shall not be signed by the person making it- to keep the person free while making testimony in court+ to prevent police abuse of power

s164- confession- Any confession made to the police is totally inadmissible in evidence.
Special procedure is given to record confessions to ensure its voluntarily & freely made.
It is to be recorded by JM I or MM.
PO cannot record confessions as it hit S. 25, 26 IEA.

Question 11

Evidentiary value of statements made to the police :

Answer 11

There are 3 types of statements made to the police.
1. statement recorded as FIR.
2. Statements made during course of investigation.
3. statement recorded by police but not fall under above 1 & 2 category.
such statements can be used for corroboration, contradiction etc. only
They are not considered as substantive piece of evidence, bcz its not made during trial, not given on oath nor tested by cross-examination.

Question 12

recording confession

Answer 12

sec164- only mm or jm can record confession– as according to procedure in sec 281, and if recrded w the special procedure it can be admissible in court

Question 13

: Lalita Kumari v. Govt. of Uttar Pradesh,

Answer 13

father of minor kidnapped girl tried to lodge FIR but refused then superintendant lodged fir but did not make any arretst/ investigation was not started.
HELD: FIR shall be cumpolsarily registered and determining if facts are false etc can only be done AFTER lodging FIR.
but registration of FIR will not necessarily lead to arrest.
prelimentary inquiry before FIR can be done in some cases suvh as corruption, comercial medical cases and if there has been a delay in lodging FIR

Question 14

State of Orissa v. Sharat Chandra Sahu

Answer 14

wife went to women commission for complaining against husband, then women commission went to Police. Then police filed chargesheet to SDJM u/s 494 & 498A IPC. JM allowed the application.
Then matter went to High court, it did not allow u/s 494IPC (non-cog. bigamy) & allowed 498AIPC (cog. cruelty). Stating that only aggrieved party can approach u/s 494 and not the W.C., so high court made an error here.
Supreme court said High court made an error that anybody who has blood r/l can file complaint on behalf of aggrieved party [S.198 Cr.pc(1) (c)] so here it becomes cognizable matter & both 494, 498A have to be investigated.

Question 15

Madhu Bala v. Suresh Kumar

Answer 15

wife complaints against her husband in CJM court, Kurukshetra u/s 406 IPC(criminal breach of trust)& 498A IPC (cruelty by husband).
CJM directed to lodge FIR u/ 406 but send matter u/s 498A to CJM karnal, they also ordered to lodge FIR u/s 498A. As per s 156(3) cr.pc.
Issue: can CJM direct to register FIR u/s 156(3).
CJM can order only investigation after filing of FIR as per S.156(3).
SC explained- it is an implied power of the court. Courts can give direction to register FIR & investigate the matter.

Question 16

Sakiri Vasu v. Stae of Uttar Pradesh

Answer 16

Army major’s dead body was found on railway track. GPR (railways) said its suicide or accident. Army after inquiry proceedings came to conclusion that it is suicide. But his father said its murder so he went to HC under A-226 COI writ petition for investigation by CBI in the matter. It was dismissed.
before availing HC If alternate remedies are available, they one should exhaust them first before coming to higher authorities.
Can victim demand special agency for speedy investigation? NO
Mag. Can ask for FIR and investigation
Mag. Can reopen the case & order re-investigation.

Question 17

What is the remedy if investigation is done without the order of magistrate

Answer 17

Remedy lies u/s 482 i.e. quashing of FIR. Court will have to see weather there is a ‘failure of justice’ or not [Case: Keshavlal v. State of Bihar (1996)].
Re-investigation order can be ordered under s.482.
Quashing of criminal proceedings u/s 482.

Question 18

power of courts and diff magistrates

Answer 18

High court- Any sentence + Any amount of fine+ death sentence.
Ad. Session Judge/CoS- Any sentence + Any fine + death sentence subject to be confirmed by HC.
Chief Judicial Magistrate/Chief Metropolitan Magistrate- Max. 7 yrs. + Any fine.
Judicial Magistrate I- Max. 3 yrs. + fine 10,000/-
Judicial Magistrate II- Max. 1 yr. + fine 5000/-
Executive Magistrate- No specific powers given in the code.

Question 19

summons vs warrant case

Answer 19

Summons case(2w)- the summons case means a case related to an offense which is not a case of warrant.
There is no need to frame formal charges in summons cases.
Warrant case (2x)- a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Question 20

: D. K. Basu v. State of West Bengal

Answer 20

guidelines were passed to try and secure two rights in the context of any state action — a right to life and a right to know. Through the guidelines, the Court sought to
Curb the power of arrest and
Ensure that an accused person is made aware of all critical information regarding his arrest and also convey this to friends and family immediately in the event of being taken in custody.
Some of the guidelines laid down in D K Basu judgement are:
All officials must carry name tags and full identification
Arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality- must be signed also by person arrested.
The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of each right
All such compliances must be recorded in the police register
He must get periodical medical examination
Inspection memo must be signed by arrestee also and all such information must be centralised in a central police control room.
- Copies of all documents including the arrest memo have to be sent to the Area Magistrate for his record.
- The arrestee has a right to meet a lawyer during the interrogation, although not throughout the interrogation.

Question 21

State of Haryana v. Dinesh Kumar

Answer 21

Question was-In these two appeals it is to be decided what constitutes arrest & custody. dude who had been arrested and then acquitted applied for job which asked questions like have you ever been arrested, ever been convicted? etc and since he was acquitted- he answered no
arrest how made outlined in sec46
SC took liberal view and allowed him to join his job thus stating that he had never been arrested

Question 22

Arnesh Kumar v. State of Bihar

Answer 22

This petition was filed by the appellant apprehending his arrest in a case under S. 498-A of IPC & section 4 of Dowry Prohibition act, 1961.
Case is related to dowry. FIR was filed by the wife against husband u/s 498A (cognizable offence) . He applied for anticipatory bail in the case.
His anticipatory bail was rejected & he filed SLP in Supreme Court.
Supreme court gave guidelines related to misuse of s. 498A.
–
All the State Government should instruct its police officers not to automatically arrest a person when an offence under section 498-A , All police officers be provided with the check list containing specified clauses. magistrate will authorise detention and notice of appearance to be given to accused.

this case talks about a situation when can a person be arrested in case which are punishable with upto 7 yrs imprisonment. The guidlines are applicable only in case of offences punishable with upto 7 years of punishment.

Question 23

Arrest- Procedure & Rights of arrested person

Answer 23

(S. 41 A-D, 46,47,50, 50A, 51-53, 53A, 54-54A, 55A, 56-57, 60A)

Question 24

section 47, 48

Answer 24

S.47 Search of place entered by person sought to be arrested- if any women inside & due to customs she can’t come out.
s48 Pursuit of offenders into other jurisdiction

Question 25

s53

Answer 25

S.53 examination of accused by medical practitioner at the request of PO

S. 53A accused of rape- medical examination (if no govt. hospital within 50Km then go to pvt. Hospital)
//
Examination of rape victim with consent of women or guardian in 24hrs.

Question 26

search within police station, different jurisdication station or outside india

Answer 26

165, 166, 166A-india wants to search in diff country 166B–> diff country wants to search in india

Question 27

procedure of search

Answer 27

atleast 2 witnesses from locality must be present during the search, list of things seized will be signed by them and a copy of the same will be provided to the occupant of the estate or their legal representative
search normally to be made in daylight - mpersonal items to be kept in malkhana - other property to be returned to him/nearest of kin.
COurt may take custody of property until pendancy of trial.

Question 28

Seizure:

Answer 28

a seizure refers to the collection of evidences by the law enforcement officials & to the arrest of person.
an arrest occurs when police officer takes a person against his or her will for questioning.
search & seizure is a necessary exercise in on going criminal prosecution pursuit of criminals.
Every PO shall forthwith report the seizure to the magistrate having jurisdiction & where the property seized is such that it cannot be conveniently transported to the court, he may give custody thereof to any person on his executing a bond undertaking to produce the before the court as and when required ( S. 102 CRPC)
The seized article should be sent to the court without delay within the reasonable time.

Question 29

bailable offence

Answer 29

According to **Section 2(a) **of CrPC bailable offence means an offence that is classified as bailable in the First Schedule of the Code, or which is classified as bailable under any other law.- bail is a matter of right
Under Section 436 of CrPC 1973, a person accused of a bailable offence at any time while under arrest without a warrant and at any stage of the proceedings has the right to be released on bail.

Sec2(a), sec436

Question 30

Non-bailable offences

Answer 30

A person accused of a non-bailable offence cannot claim bail as a right. A person accused of non-bailable offences can be granted bail provided the accused does not qualify the following conditions-
- if there is reasonable grounds to believe he has committed a crime of death penality/ lifeimprison
- if the crime is cognizable and has previously been convicted of crime punishable w death or life imprison or 7 years imprison+ OR
- if accused has been convicted of 2+ instances of cognizable and non bailable offence

exceptional cases where granted bail- Section 437(1)

Question 31

sec437 & 439

Answer 31

Regular bail Via this, the court orders the release of a person who is under arrest, from police custody after paying the amount as bail money. An accused can apply for regular bail under Section 437 and 439 of CrPC.

Question 32

Interim bail

Answer 32

sec 438
This is a direct order by the court to provide temporary and short term bail to the accused until his regular or anticipatory bail application is pending before the court. The Supreme Court noticed the misuse of interim bail by the accused in Rukmani Mahato vs. the State of Jharkhand.- “even if the Superior Court were to deny the plea of anticipatory bail after further consideration of the case, the standard bail granted by the Subordinate Court would continue to hold the land, making the Superior Court’s ultimate denial of the pre-arrest bail meaningless.”

Question 33

Anticipatory bail

Answer 33

s.436

This is a direct order of Sessions or High Court to provide pre-arrest bail to an accused of a crime. When the person has an apprehension of being arrested, the person can apply for anticipatory bail.

Question 34

Cancellation of bail

Answer 34

Under Section 437(5) of CrPC, the court which has granted bail can cancel it, if found necessary under certain conditions. Per Section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. Per Section 389(2), an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.

Section 437(5), 439(2), Section 389(2),

Question 35

Article 124 of Part V and Chapter IV of the Constitution of India.

Answer 35

Supreme court of india est

Question 36

Article 141 of the Constitution Of India

Answer 36

hIGH COURT

Question 37

WHAT comes under Metropolitan Courts

Answer 37

essions Court
Chief Metropolitan Magistrate
First Class Metropolitan Magistrate

Question 38

District Courts

Answer 38

Sessions Court
First Class Judicial Magistrate
Second Class Judicial Magistrate
Executive Magistrate

Question 39

sentences by Court of Chief Judicial Magistrate-

Answer 39

any sentence approved by law except for death sentence, life imprisonment or imprisonment for more than seven years. same for cheif metropolitan mag

sec29 crpc

Question 40

sentences by first + second class magistrate

Answer 40

pass a sentence of imprisonment for a term of not more than three years, or fine not exceeding ten thousand rupees or both.
Second Class Magistrate may pass a sentence of imprisonment for a term not more than one year, or fine or both. The fine imposed cannot exceed five thousand rupees.

Question 41

Parminder Singh and Ors. v. The State of Punjab

Answer 41

Bail to be granted when
When there is no chance that the accused will escape prosecution,
When there is no chance that the defendant may tamper with the evidence
When there is no justifiable reason to conduct a confined interrogation, and
When the hearing on the anticipatory bail claim must be postponed.

**sec 436-439 bail **

Question 42

anticipatory/interim bail cases

Answer 42

Mohammed Zubair v. State of NCT of Delhi, (2022), the SC observed that the accused must not interfere with the witnesses or the evidence, and they must also refrain from speaking to the media about the ongoing case.

438(2) of the Code of Criminal Procedure. The court has the authority to set restrictions on how one may interact with witnesses, whether directly or indirectly.
The subject must also show up in person for police interrogation.
He also cannot threaten or entice the individual who is aware of the facts in any way, whether it be direct or indirect.
Additionally, he is not permitted to leave the country or the court’s jurisdiction without the court’s consent.
Other specific conditions may be laid in case of granting of bail on special grounds such as on the basis of health marriage or the passing of his loved one.

bail on health grounds
Atik Ansari (In Jc) vs. The State, NCT Delhi (2006)
In this case, the applicant allegedly had 2.5 kg of heroin when it was taken from him, and he was asking for interim bail release on the grounds that his wife was ill. The Supreme Court’s ruling in Hori Lal v. State (2009) regarding the granting of bail on the ground that the petitioner’s wife’s impending surgery was verified and also that, apart from the aged father of the petitioner’s wife, there was nobody else to look after her, was taken into consideration. Therefore, the petitioner was given interim bail on a personal bond of Rs. 20,000 for two weeks by the Court.

Question 43

State of AP v Punati Ramube

Answer 43

POLICE OFFICER CANNOT refuse to record FIR just because station does not have territorial jurisdiction- must simply take FIR and forward it to the jurisdiction applicable

Question 44

Rajender Singh Katoch v Chandigarh administration

Answer 44

police is legally bound to register any fir within bounds of 154- and start investigating without waiting for magistrates directions

Question 45

Punjab v Gurmit SIngh

Answer 45

delay in FIR is ok if related to sexual assault cases as it is a sensitive time and decision for the victim

state of punjab v Karnal Singh= murder happened in night and could not travel to police station due to terrorism in the area = delay is ok

Sahib SIngh v haryana- delibreate delay in lodging case is suspicious

Question 46

Pandurang Mhatre v Maharashtra

Answer 46

FIR is not a piece of substansive evidence and can only be used to descredit testimony of informant and not to contradict or discredit testimony of other witnesses

Question 47

Pala Singh v Punjab

Answer 47

if recording FIR and starting investigaton was not delayed- the delay in magistrate recieving report does not make investigation tainted

Question 48

sanjay dutt v state of maharashtra

Answer 48

if bail application(167) and chargesheet(173)are filed simultaneously then s173 chargesheet wins

Question 49

sanjay chandra v CBI

Answer 49

principal purpose of bail is to ensure that accused will return for trial if he is released after arrest.

Question 50

gurucharan singh v state

Answer 50

on giving bail under 437 (non bailable offence) the
enormity of charge, nature of evidence against accused, gravity of circumstance, position and status of accused, danger of evidence and witness tampering, liklihood of fleeing from justice, health, age and sex must be considered

Question 51

pV narasimha rao v CBI

Answer 51

issuance of non bailable warranr by magistrate is sufficient to give rise to the reasonable apprehension of arrest and thus can apply for anticipatory bail under s438

Question 52

Chandraswamy v CBI

Answer 52

dude got anticipatory bail with the condition that he cannot travel outside of india- later said he wanted to travel to propogate hindu religion an dmedical treatment- court rejected travel.

Question 53

arrest when made s41-45

Answer 53

41- arrest by PO without warrant- basically for cognizable offence
42- po arrest of rnon cog offence- citizen not giving name and adress
43- Arrest by private citizen
44- arrest by magistrate
45- protection of armed forces from arrest unless granted by centre
46- actualconfinement is necessary but if self submission no need to touch
- police is allowed to use force if magistrate warrant is there but not excessive force. women can only be arrested during daylight hours and womn PO must be there

Question 54

Person arrested not to be detained more than twenty-four hours

Answer 54

Section 57 no po may detain arrested WITHOUT warrant for more than 24 hrs unless special order of magistrate by section 167 crpc ( upto 15 days and extended to 60/90)

Question 55

Bhawna Bai v. Ghanshyam

Answer 55

Mentioning of reason for framing the charges is not necessary. While evaluating the materials, strict standard of proof is not required; only prima facie case against the accused is to be seen