The Code of Criminal Procedure, 1973 | Criminal Law for Judiciary Exams PDF Download

Bhartiya Nagrik Suraksha Sanhita Bill, 2023

• It promotes the use of technology for trials, appeals, and recording depositions, allowing video-conferencing for proceedings. The bill makes video recording of statements of survivors of sexual violence compulsory, which can help preserve evidence and prevent coercion or manipulation.
• The bill mandates that police must inform about the status of a complaint in 90 days, which can enhance accountability and transparency.
• Section 41A of the CrPC will be renumbered as Section 35. This change includes an added safeguard, stipulating that no arrest can be made without prior approval from an officer at least at the rank of Deputy Superintendent of Police (DSP), especially for offences punishable by less than 3 years or for individuals above 60 years.
• The bill requires that police consult the victim before withdrawing a case punishable by seven years or more, which can ensure that justice is not compromised or denied.
• It allows absconding criminals to be tried in-absentia by the court and sentenced too, which can deter fugitives from escaping justice.
• It empowers magistrates to take cognizance of offences based on electronic records such as emails, SMSs, WhatsApp messages, etc., which can facilitate evidence collection and verification.
• Mercy petitions in death sentence cases be filed within 30 days to the Governor and within 60 days to the President. No appeal shall lie against the President's decision in any court.

Introduction of new definitions

• The term "audio-video electronic" has been introduced in Section 2 of the Bill's definitions.
• The concept of a Directorate of Prosecution has been introduced in Section 20 of the Bill for each state to establish.

In relation to arrest

• Section 35 of the Bill now combines Sections 41 and 41A of the CrPC. An arrest can be made only if an officer not lower than the level of Deputy Superintendent of Police obtains prior approval for such arrest.
• In the case of a private person's arrest, a time limit of six hours has now been imposed during which the private person must turn over the person apprehended to the police.

Anticipatory Bail or Pre-arrest Bail

• The person seeking anticipatory bail should have reason to believe that they may be arrested for a non-bailable offence.
• The court may impose a monetary bond, which the person seeking anticipatory bail will have to pay if they fail to appear before the court or violate the conditions imposed.
• The person seeking anticipatory bail must make themselves available for interrogation by the investigating officer as and when required.
• The court may grant anticipatory bail for a limited period, and the person will have to surrender to custody once the period expires.
• Granting anticipatory bail is at the discretion of the court and is not an absolute right. Various factors are considered before deciding to grant anticipatory bail.

The objective of a Zero FIR

• To avoid delay and any other kind of disruptions.
• To make the police bound to take jurisdiction.
• Timely jurisdiction is to be taken immediately after the registration of the FIR.
• To ensure that the investigation is done properly.
• To enable the case to proceed quickly.

Judiciary on Zero FIR

• Courts have shown strong support for Zero FIR, emphasizing its importance.
• The judiciary has criticized police officers for their reluctance to register Zero FIRs.
• In a 2020 case (Union of India vs Ashok Kumar Sharma and Others), the Supreme Court of India clarified that the Police Station where the FIR is lodged does not necessarily need to have jurisdiction over the case. It can be transferred to the appropriate Police Station with the authority over the matter.
• According to Section 154 of the CrPC, when a Police Officer is informed about a cognizable offense, they are required to register an FIR and then pass it on to the Inspector.

Understanding the Significance of Zero FIR

• Comparison with Regular FIR: Zero FIR holds a similar level of importance as a regular FIR. It enables individuals to initiate the legal process without being constrained by territorial limitations. For instance, in the case involving Asaram Bapu, a Zero FIR was filed in Delhi by the family members of a 16-year-old victim. Despite the crime occurring in Asaram's Ashram in Jodhpur, Rajasthan, the investigation seamlessly transitioned from Delhi to Jodhpur, leading to the arrest of the accused.
• Obligatory Nature of Filing FIR: According to Section 154 of the Code of Criminal Procedure (CrPC), police officers are mandated to register an FIR, especially in cases pertaining to offenses against women such as rape and sexual assault. Failure to do so can result in penalties, including imprisonment for up to one year or a fine, as stipulated in Section 166A of the Indian Penal Code.
• Consequences for Non-Registration: Police officers who neglect to file an FIR in cognizable offenses risk facing disciplinary actions. It is imperative for law enforcement to act promptly upon receiving information about crimes that fall within their jurisdiction, ensuring accountability and public trust in the investigative process.
• Empowering Citizens: Zero FIR serves as a crucial mechanism for safeguarding citizens' rights and fostering confidence in the public regarding law enforcement's ability to swiftly investigate cases across different jurisdictions. It eliminates delays associated with territorial constraints, promoting a more efficient and responsive legal system.

Registering an FIR / Zero FIR

• Understanding the Nature of the Offense: Before filing a Zero FIR, it is essential to determine if the offense is cognizable. Major crimes like rape, theft, murder fall under this category. On the other hand, crimes that are not immediately clear are reported to the court through a complaint, such as criminal breach of trust or unnatural offenses.
• Differentiation based on Cognizability: In the case of a non-cognizable offense, the matter is brought before the magistrate. For cognizable offenses, an FIR (First Information Report) is lodged. Even for non-cognizable crimes, the police record the information in their records.
• Steps for Registering an FIR:
  • The offense must be cognizable.
  • If the victim is female and the crime falls under specific sections of the IPC 1860, a female officer must register the FIR.
  • If the crime involves a disabled person under certain IPC sections, a statement should be recorded in the presence of an interpreter.
  • Information should be documented in video format.
  • A person's statement must be recorded in the presence of a magistrate as per legal requirements.

Who Can File a Zero FIR?

• Eligibility to File: A Zero FIR can be lodged by the victim or any witness who possesses relevant information about the incident.

Understanding Zero FIR Registration

• Process of Filing an FIR:
  • Normally, FIRs are lodged at police stations, although there are instances of filing them through email or over the phone.
  • Digitalization has enabled online filing on official platforms in some cases.
• Importance of Zero FIR:
  • A zero FIR allows for immediate filing without delays, enabling the police to take prompt action.
  • If an officer refuses to register a zero FIR, the complainant can escalate the matter to higher authorities or the magistrate through legal channels.
• Legal Basis:
  • Section 154 of the Code of Criminal Procedure, 1973 mandates that complaints be put into writing by the police and recorded in an official register as directed by the State Government.
  • Informants are entitled to a free copy of the FIR, which is registered when the offense is cognizable.

Difference between FIR and Zero FIR

• FIR (First Information Report):
  • A FIR needs to be lodged at the specific police station within whose jurisdiction the crime took place.
  • It is the initial report of a cognizable offense to law enforcement for the purpose of investigation and legal action.
  • The informant must go to the concerned police station to file an FIR.
  • For example, if a theft occurs in a particular neighborhood, the FIR should be filed at the police station covering that area.
• Zero FIR:
  • Unlike a regular FIR, a Zero FIR can be filed at any police station regardless of where the incident occurred.
  • It is a concept introduced to ensure that no time is wasted in initiating the investigation of a crime.
  • If a crime occurs outside the jurisdiction of a police station, a Zero FIR can be filed, and it will be transferred to the appropriate police station for investigation.
  • For instance, if a road accident happens in a remote area, a Zero FIR can be filed at the nearest police station even if it lacks jurisdiction.

Quashing of FIR

Zero FIR and Online FIR

• The quickest way to file a complaint at a police station is through a Zero FIR, where the police must register the complaint even if the incident occurred outside their jurisdiction.
• Some areas allow for online FIR submissions, enabling individuals to file complaints on the police station's website.

Section 482 of CrPC

• Section 482 of the Code of Criminal Procedure empowers high courts to quash criminal proceedings.
• High courts have inherent powers to intervene in legal matters to prevent abuse of the legal process and ensure justice.

Purpose of High Court's Inherent Powers

• The inherent powers vested in the High Court are crucial for maintaining justice and preventing abuse of legal processes.
• These powers are only exercised when no other legal provisions are applicable, ensuring fair legal proceedings.

Scope of High Court's Inherent Powers

• High courts can intervene in criminal cases to prevent miscarriage of justice or in exceptional circumstances.
• Section 482 of CrPC allows for the quashing of FIRs when necessary to uphold justice and fairness.

Power to Quash FIR

• Under Section 482, the High Court can quash an FIR even after the filing of a charge sheet.
• Parties involved can come to an agreement, and the accused can demonstrate lack of substantial evidence against them.

It is crucial to understand the legal provisions surrounding the quashing of FIRs to ensure fair legal processes and uphold justice.

Various Ways to Quash an FIR

• Quashing of FIR after Filing of Charge Sheet: Even after the prosecution files a Charge Sheet, the High Court has the authority to revoke an FIR under Section 482. The accused may plead guilty to charges of inherent improbability or inform the court that there is no solid evidence against them.
• Quashing of FIR on the Basis of Compromise: The High Court can revoke an FIR at any time based on a compromise between the parties involved. If the Court is dissatisfied with the circumstances underlying the compromise, it may reject the quashing of the FIR.
• Quashing of FIR in Matrimonial Cases: In cases involving matrimonial conflicts, parties may reach a solution and create a Mutual Compromise Deed, which is presented before the High Court for recording and identification purposes.
• Quashing of FIR in Financial Disputes: Parties resolve financial disagreements and seek to quash the FIR based on a settlement. The High Court may issue an order for quashing under Section 482 after considering the case's facts and circumstances.
• Case Law and Criteria for Quashing FIR:
  • According to the Mahendera KC Vs State of Karnataka 2021 case, two tests are applied to quash an FIR: whether the allegations in the complaint constitute an offense and whether the allegations are so improbable that a prudent person would not believe them.
• Conclusion on Section 482 Cr.P.C.: The broad reach of Section 482 allows High Courts to carry out their duties for justice, but its application requires caution and adherence to rules set by higher courts. Changes have been made to Section 482 over time to adapt to different circumstances.
• Bail Bonds and Procedures:
  • Issuance and Purpose of Bail Bonds: A bail bond is a written document signed by the accused or their sureties, ensuring the accused's appearance in court at specified times.
  • Bank Guarantee in Place of Surety Bonds: Courts can permit bank guarantees for bail payments, as seen in various legal precedents.
  • Provisions and Conditions Related to Bail Bonds: Sections 440 and 441 of the Criminal Procedure Code outline the determination and signing of bail bonds, including the role of sureties and the need for reasonable amounts.
  • Forfeiture and Execution of Bail Bonds: Courts can forfeit bail bonds in case of non-compliance, leading to the need for new security or further legal actions.
• Execution of Bail Bonds: The execution process involves specific documents like a bail application, ID proofs, demand drafts, property papers, declarations by sureties, and letters of undertaking.

Reasons for Amending the 2000 Act

• The government made changes to the law due to practical issues and delays in adoption processes.
• Increased juvenile crime rates, especially among 16 to 18-year-olds, were a concern.
• Prior to the amendment, the law did not differentiate between delinquent children and those in need of care and protection.
• The 2000 Act lacked measures to report abandoned or lost children for their safeguarding.
• The amendment was prompted by public outcry following the 2012 Delhi gang-rape case involving a 17-year-old offender.
• The legislation aims to balance child rights and justice by avoiding harsh punishments like the death penalty for juveniles.

Juvenile Justice Act Features

The Juvenile Justice Act of 2015 brought about significant changes to adapt to evolving societal needs, emphasizing rehabilitation over punishment.

Who is a Juvenile?

Legally, a juvenile refers to anyone under 18 years old.

• Children below 7 years old are exempt from criminal prosecution in India.
• Prior laws lacked clarity distinguishing between delinquent children and those needing care and protection, unlike the updated 2015 Act.

Juvenile Justice Board

The Juvenile Justice Board serves as a specialized court for handling cases involving detained or accused juveniles, ensuring a child-friendly and non-intimidating environment.

• Comprising a first-class judicial magistrate and two social workers, including a female, the Board ensures fairness.

Child Welfare Committee

These committees, established by State Governments, oversee the welfare and protection of vulnerable children, including adoption procedures and registration of child care institutions.

• Minors aged 16-18 can be treated as adults for severe crimes under the amended law.
• The Central Adoption Resource Authority (CARA) gained statutory recognition.
• The Act distinguishes between delinquent children and those needing care and protection.
• Prior to the amendment, all minors were subject to a maximum 3-year sentence; however, exceptions exist for heinous crimes committed by 16-18-year-olds.

The judiciary plays a vital role in upholding citizens' rights and maintaining law and order through various court levels.

Magistrate

• A magistrate is a public official responsible for overseeing justice in a specific area like a city or district.
• The term "magistrate" originates from the old French word "magistrat" which refers to civil officers ensuring law enforcement.
• Before making decisions, magistrates preside over both civil and criminal cases.
• The District Magistrate or District Collector acts as the primary Executive, Administrative, and Revenue Officer in a district.
• They ensure proper coordination among various governmental bodies within the district.

Chief Judicial Magistrate

• Appointment Process: A Chief Judicial Magistrate (CJM) is appointed in each district by the High Court as per section 12(1) of the Criminal Procedure Code. The CJM is selected from the cadre of first-class judicial magistrates.
• Superior Authorities: The CJM is below the session judge and additional session judge in the judicial hierarchy. They hold the responsibility of allocating work among different judicial magistrates.
• Designation: The CJM is also known as anilaka magistrate as per section 14(1) of the CrPC. They define the local boundaries for magistrates appointed under sections 11 or 13 and specify service areas for first and second-class judicial magistrates.
• Work Assignment: Under section 15(2) of the CrPC, the CJM is tasked with assigning duties to the judicial magistrates under their jurisdiction. This includes dividing workload among Judicial Magistrate First Class (JMFC), Judicial Magistrate Second Class, Special Judicial Magistrate of First and Second Classes, and Sub-Divisional Magistrate.

Judicial Magistrate First Class

• Establishment and Authority
  • JMFC holds the primary position in the judicial hierarchy, handling less serious offenses.
  • Applications for minor offenses, such as check bounce cases under NI and other lower-degree offenses, are directed to JMFC.
• Appointment Process
  • As per Section 11(1), the State Government, in consultation with the High Court, establishes necessary Courts of Judicial Magistrate of the First and Second Class in each district.
  • The High Court oversees the entire selection process, including examinations and interviews.
• Presiding Officer Appointment
  • Under Section 11(2), the High Court appoints the presiding officer of the JMFC and Supreme Court.
  • Section 11(3) empowers the High Court to assign members of the state's judicial service as JMFC or SC to serve as judges in civil courts.
• Court Proceedings
  • During court sessions, timings are specified.
  • A district court judge typically handles civil cases in the morning, while the JMFC judge takes charge of criminal cases in the afternoon.
  • The civil judge junior division examination is a common test for this purpose.

This summarized version provides a detailed breakdown of the establishment, appointment process, presiding officer appointment, and court proceedings related to Judicial Magistrate First Class, ensuring a comprehensive understanding of the topic.

Role of a Magistrate

• A magistrate is an individual responsible for making decisions on minor or trivial matters, particularly in the context of legal proceedings.
• In criminal cases, magistrates play a crucial role in providing initial judgments, focusing on less complex issues.
• The distinction between a magistrate and a judge lies in the nature of the cases they handle. Judges deal with intricate legal matters requiring specialized knowledge and judgment skills.
• Magistrates are primarily recognized for their administrative competence, which is essential in managing legal processes efficiently.
• While magistrates have limited jurisdiction compared to judges, their contributions are significant in the legal system.
• The appointment of Judicial Magistrates and Chief Judicial Magistrates is carried out by the High Court, whereas the District Magistrate is appointed by the Governor.

For example, consider a scenario where a magistrate presides over a minor traffic violation case, determining the appropriate penalty based on the evidence presented. In contrast, a judge may handle a complex fraud case, analyzing legal intricacies to reach a verdict.

Sentence of Imprisonment in Default of Fine

• A court of magistrates is authorized to impose the highest possible imprisonment term allowed by law based on Section 30 of the code. However, this duration must not surpass the authority outlined in Section 29.
• If imprisonment is part of the main sentence, it should not exceed one-fourth of the maximum term that the magistrate can sentence for the offense, excluding cases where imprisonment is for failing to pay a fine.

Arrest by Magistrate

• A magistrate, whether executive or judicial, is empowered by Section 44 of the code to arrest or order the arrest of an individual within his local jurisdiction and in his presence.
• The magistrate can also issue an arrest warrant for an individual if they are qualified to do so at that moment and under the given circumstances.

Power of Magistrate to Order an Investigation

• Section 156(3) of the Criminal Procedure Code, 1973 grants authority to a Judicial Magistrate to order an investigation when an FIR is registered but no proper investigation is conducted.
• Such an investigative order can only be issued for offenses over which the Magistrate has the jurisdiction to take cognizance under Section 190 of the Code.

Power of Courts in Trying Offences

• Chapter III of the Criminal Procedure Code discusses the authority of Courts in trying offenses, categorizing them into two types:
  • Offenses under the Indian Penal Code (IPC)
  • Offenses under other laws
• Offenses under the IPC may be tried by the High Court, Court of Session, or other specified courts, while offenses under other laws must be tried by the designated court or the High Court if not specified.

Sentences by High Courts, Sessions Judges, and Magistrates

• Sentences by High Courts and Sessions Judges:
• High Courts can impose any lawful sentence, while Sessions Judges can impose any punishment except death without High Court confirmation.
• Sentences by Magistrates:
• The Court of a Chief Judicial Magistrate can sentence within legal limits, excluding death or imprisonment exceeding seven years.
• First-class Magistrates can sentence up to three years' imprisonment or a fine up to five thousand rupees, or both.
• Second-class Magistrates can sentence up to one year's imprisonment or a fine up to one thousand rupees, or both.
• Chief Metropolitan Magistrates possess the powers of a Chief Judicial Magistrate and a Metropolitan Magistrate.

Sentence of Imprisonment in Default of Fine

• Section 30 specifies a Magistrate's power to award imprisonment if a fine is not paid, ensuring it aligns with legal boundaries and does not exceed 1/4th of the substantive imprisonment term.

Sentences in Cases of Conviction of Several Offences at One Trial

• Section 31 outlines the punishment quantum the Court can impose when an accused is convicted of multiple offenses in a single trial.

Conclusion

• Criminal procedure law complements criminal law by facilitating the enforcement of legislation.
• The Code of Criminal Procedure establishes systems for apprehending offenders, investigating cases, conducting trials, and ensuring appropriate punishment for the guilty.

Understanding and Explaining Appeal in Legal Context

• Appeal in legal terms refers to the process of a higher court reviewing a decision made by a lower court. It involves a judicial examination of the lower court's decision.
• According to the Merriam-Webster dictionary, an appeal is defined as a legal proceeding that brings a case before a higher court for review.

Supervisory Jurisdiction and Right to Redress

• The Supreme Court holds supervisory jurisdiction, primarily to uphold victims' rights to seek redress for legal grievances.
• The Criminal Procedure Code, specifically Chapter 30, Sections 395 to 405, addresses reference and revision processes in legal matters.

Review Procedures and Court Authority

• Review procedures encompass both appeal and modification processes, granting the courts the power to uphold or alter judgments.
• The right to a hearing does not confer additional rights to litigants but ensures that justice is administered in accordance with the law.

Key Considerations in Appeals and Revisions

• The lower court's decision must be evaluated for correctness.
• Proceedings in the court must adhere to regularity.
• The power of revision is not applicable to interlocutory orders.
• During hearings, the arguments of the applicant for revision should be duly considered, even if they are succinct.

Limitations of Appeals and Role of Revisions

• There are instances where appeals are not permitted, prompting the inclusion of revision mechanisms in legal frameworks to prevent miscarriages of justice.
• Higher courts are vested with revision powers outlined in Sections 397 to 405, facilitating the process of utilizing these discretionary powers.

It is crucial to acknowledge that the powers of revision granted to higher courts are broad and discretionary, emphasizing the importance of judicial review and rectification in the legal system.

Revision

Revision Overview:

• Revision involves the High Court or any Sessions Judge reviewing proceeding records to verify the correctness, legality, or propriety of findings, sentences, orders, and the regularity of proceedings in inferior courts.

Appeal, Reference, and Revision Differences:

• Appeal, Reference, and Revision are defined in different chapters of the Criminal Procedure Code.
• Appeal focuses on fact and law points to the higher court, Reference seeks law clarification, and Revision reviews adjudicated matters.
• Appeal starts after case determination, Reference happens during a pending case, and Revision begins post-final judgment.
• Appeal filed by aggrieved parties, Reference by trial court to High Court, and Revision initiated by trial or High Court.

Types of Trial

• Warrant Cases: Warrant cases involve crimes punishable by death or imprisonment exceeding two years, categorized into cases by police report or directly filed complaints.
• Sessions Cases: Handled in Sessions courts for offenses punishable by death or life imprisonment exceeding seven years.
• Summons Cases: Dealing with offenses punishable by less than two years, issued without framing charges immediately.
• Summary Cases: Summary trials ensure prompt justice for minor offenses, recording limited proceedings quickly for efficient resolution.

The Process of Bringing Offenders in Warrant Cases Before the Magistrate

• Under warrant cases triable by Magistrates, if no grounds are found to hold the accused liable, the Magistrate can discharge the accused, providing reasons for the decision.
• However, if the Magistrate has a basis to proceed, they will frame charges against the accused as per Section 240 of the Criminal Procedure Code.
• According to Section 240(2), the Magistrate will read the charges to the accused, asking whether they plead guilty or claim prosecution.

Procedure of Court of Session

• Section 225: The trial begins with a Public Prosecutor.
• Section 226: The prosecutor presents opening statements and explains the charges.
• Section 227: The judge may discharge the accused if evidence is insufficient.
• Section 228: The court defines charges and establishes jurisdiction.
• Section 229: If the accused pleads guilty, the judge may convict.
• Section 230: If the accused refuses to plea, a date is set for witness examination.
• Section 231: Prosecution presents evidence and witnesses may be cross-examined.
• Section 232: Acquittal if evidence fails to prove charges.
• Section 233: Accused may bring evidence in their favor.
• Sections 234 and 235: Arguments and decision on guilt or release.

Fair trial: Understanding its Impact

• When discussing justice delivery systems, concerns often arise regarding delays and fairness. A fair trial involves ensuring the accused's rights and timely justice. The Indian Constitution guarantees the Right to free legal aid under Article 22(1) and Section 304 of the CrPC provides legal aid at state expense. Legal safeguards protect the accused's rights, as seen in cases like Kishore Singh Ravinder Dev v. State of Rajasthan.
• A fair trial encompasses impartiality, unbiased judgments, and equal opportunities for all parties. Justice demands a balance between societal expectations and the accused's rights. Courts continually evolve the concept of fair trial, emphasizing justice without bias or prejudice.

Conclusion

Understanding the legal concepts of trials is essential in the legal field. The Indian criminal code has evolved, with ongoing exploration of new concepts. As the legal landscape evolves, new ideas will be incorporated into the legal framework.