Kelkar's Criminal Procedure Code Law India

Criminal Procedure
Dr K.N. Chandrasekharan Pillai
Foreword
Preface to the Sixth Edition
Preface to the First Edition
Table of Statutes
Prologue
Chapter 1
Object, Extent and Scope
Purpose of criminal procedure 1.1
1.2 Special importance of criminal procedure
1.3 Basic considerations in the formulation of the Code of 1973
Territorial extent
Scope of the applicability of the Code
Code how far exhaustive
Chapter 2
Constitution of Criminal Courts
The functionaries under the Code
Territorial divisions
Classes of criminal courts
Separation of judiciary from the executive
2.7 Local jurisdiction of Judicial Magistrates
2.8 Subordination of Judicial Magistrates
2.9 Courts of Metropolitan Magistrates
Subordination of Metropolitan Magistrates
Special Judicial Magistrates and Special Metropolitan Magistrates
2.12 Executive Magistrates
Special Executive Magistrates
Local jurisdiction of Executive Magistrates
2.15 Subordination of Executive Magistrates
2.16 Sentences which the courts may pass
Chapter 3
Police, Prosecutors, Defence
Counsels, Prison Authorities
3.3 Other Police Acts
3.5 Public Prosecutors
Public Prosecutors and Additional Public Prosecutors for 3.6
High Courts
Public Prosecutors and Additional Public Prosecutors for the 3.7 districts
3.8 Assistant Public Prosecutors
The role of the Prosecutor 3.9
3.11 Prison authorities and correctional services personnel
Chapter 4
Pre-trial Proceedings—General Observations
4.3 Investigation of offences and the use of police force
4.4 Basis of the distinction between cognizable and non-cognizable offences
Weakness of the classification in its present form 4.5
Duty of public to give information of certain offences 4.6
Duty of village-officers and village-residents to make certain reports
Public to assist Magistrate and police
Chapter 5
Pre-trial Procedure: Steps to Ensure
Accused’s Presence at the Trial
Importance of procuring accused’s presence at trial
5.2 How to procure the presence of the accused at the trial
Summons to the accused and its service
Arrest with or without a warrant
5.5 Form and contents of a warrant of arrest
Mode of execution of a warrant of arrest
Duty and right to assist in the execution of a warrant of arrest
Arrest without warrant
5.9 Arrest by a private person without a warrant
Arrest by Magistrate
Partial exclusion of armed forces from the operation of above rules
Proclamation for person absconding
Attachment of property of person absconding
Release, sale and restoration of attached property
Additional powers for ensuring appearance of accused in court
Chapter 6
Pre-trial Procedure: Arrest, and the Rights of the Arrested Person
Significance of the chapter 6.1
Additional powers for effecting arrest
Post-arrest procedures
6.6 Consequences of non-compliance with the provisions relating to arrest
Chapter 7
Pre-trial Procedure: Search, Seizure and Production of Materials
Object of the chapter 7.1
Procurement of evidence from and for foreign investigating agencies
Order or summons to produce document or other thing
Constitutional validity of search-warrants
General provisions relating to search-warrants
Search of a place without warrant
General provisions relating to searches
Consequences of non-compliance with the provisions relating 7.9 to searches
Seizure
7.11 Power to impound
Disposal of things found in search beyond jurisdiction
Chapter 8
Pre-trial Procedure:
Investigation by Police
Object and scope of the chapter 8.1
Information to the police as to cognizable cases 8.2
Evidentiary value of FIR
Role of police as to non-cognizable cases
8.4
Initiation of investigation
8.6 Procedure for investigating a cognizable offence
Police officer’s power to require attendance of witnesses
Examination of witnesses by police
8.8
Evidentiary value of the statements made to the police during investigation
Statements not to be obtained by pressure or inducement
Power of Judicial Magistrate to record confessions and statements
8.11
Police officer to maintain diary of investigation proceedings
8.12
Procedure when investigation cannot be completed 8.13
in 24 hours
8.14 Procedure to be followed on completion of investigation
Police to investigate and report in cases of unnatural or suspicious death
Inquiry by Magistrate into cause of death in police custody and into other cases of unnatural or suspicious deaths
Chapter 9
Local Jurisdiction of the
Courts and the Police
Scope of the chapter 9.1
9.2 Basic rule regarding place of inquiry and trial
Rules to cover cases where the basic rule is difficult to apply
Offence triable where act is done or consequences ensued
Place of trial where act is offence by reason of relation to other offence
9.6 Place of trial in case of certain specific offences
Place of inquiry or trial when the offence is committed on journey or voyage
Place of trial for offences triable together
Power of the State to order cases to be tried in different
Sessions Divisions
High Court to decide, in case of doubt, district where inquiry or trial shall take place
Magistrate’s power to inquire into an offence committed outside his local jurisdiction
9.11
9.12
Power to inquire into and try offences committed outside India
9.13 Consequences of failure to follow the rules regarding local jurisdiction
Chapter 10
Cognizance of Offences
Cognizance of offences by Magistrate
Cognizance taken by a Magistrate not empowered
Transfer of cases after taking cognizance
10.2
10.3
Cognizance of offences by Court of Session
10.4
10.4.1
Limitations on the power to take cognizance 10.5
Chapter 11
Commencement of Proceedings
Before Magistrates
Scope of the chapter 11.1
11.2 Scrutiny of the complaint before issue of process
Dismissal of complaint 11.3
Power to dispense with the personal attendance of the 11.5
accused
Special summons in cases of petty offence
Supply to the accused of copies of statements and other documents
11.7
Commitment of case to Court of Session
Consolidation of cases instituted on a police report and on a complaint
Chapter 12
Bail
Object and meaning of bail
12.2 Bailable and non-bailable offences
Circumstances in which release on bail is imperative
12.3
12.4 Discretion in granting bail in cases of non-bailable offences
Cancellation of bail
12.6 Anticipatory bail
12.7 Powers of appellate court to grant bail
Powers of the courts of revision to grant bail
Power to grant bail where a reference has been made to the High Court
Release on bail after conviction but before filing appeal
12.11 Cancellation of bail granted by the appellate, revisional or sentencing court, or of bail granted on reference to High Court
General provisions regarding bond of accused and sureties
Procedures in case of forfeiture of bond or in case of insolvency or death of surety
Some observations on the operation of the bail system
12.13.1
12.14
12.15 Speedy hearing of special leave petitions against orders refusing bail
12.16 Police to disclose pending cases
12.17 Bail applications can be moved when remand application is moved by the police
Forum-shopping or Bench-hunting
New trends
12.18
12.19
Chapter 13
Trial Procedures: Principal
Features of Fair Trial
Concept of fair trial
13.2 Adversary system
13.3 Presumption of innocence
Independent, impartial and competent judges 13.4
13.5 Venue of the trial
13.6 Right of accused to know of the accusation
13.7 The accused person to be tried in his presence
Evidence to be taken in presence of accused
13.9 Right of accused person to cross-examine prosecution witnesses and to produce evidence in defence
Right of the accused person to have an expeditious trial
Reasoned decisions
13.13 All pervasive concept of fair trial
Chapter 14
Trial Procedures:
Courts and Parties
Object and scope of the chapter 14.1
14.4 The Prosecution set-up
Appearance by Prosecutors
14.6 Others not to conduct prosecution without permission
Accused person may be natural person or a body corporate
14.7
Accused person of unsound mind at the time of inquiry or trial
More than one accused at one trial
Right to be defended by a lawyer
Legal aid at State expense
14.11
Chapter 15
Trial Procedures: Charge
Scope of the chapter 15.1
Alteration of charge and the procedure to follow such 15.3
alteration
15.4 Forms set forth for charges
Basic rule regarding charge and its trial
Exception 1 to basic rule
Exception 2 to basic rule
Exception 5 to basic rule
Exception 6 to basic rule
Exception 7 to basic rule
15.13 Power of court to order separate trial in cases where joinder of charges or of offenders is permissible
Conviction of an offence not charged when such offence is included in offence charged
Applicability of provisions relating to joinder of charges to cases where no charge is framed
Withdrawal of remaining charges on conviction on one of several charges
Effects of omission to frame, or absence of, or error in charge
Chapter 16
Trial Procedures: Some
Common Features
Object and scope of the chapter 16.1
16.2 Language of courts
Proceedings to be held expeditiously, and not to be adjourned without special reasons
16.3.1
Decision on evidence partly recorded by one judge or Magistrate and partly by another
16.4
Power of the court to proceed against other persons appearing to be guilty of offence
Power of court to summon any material witnesses and to examine persons present
Court’s power to order payment of expenses of complainants and witnesses
Court’s power to have local inspection
16.8
16.9 Court’s power and duty to examine the accused person
Record of examination of accused
Accused person can be a competent witness
16.12 No influence to be used on an accused person to induce disclosures
Oral and written arguments
Attendance of persons confined or detained in prisons before criminal courts
Summary procedure for trial for giving false evidence
Powers of courts to deal with certain kinds of contempt
16.16
Special summary procedure in respect of a witness refusing to answer questions or to produce documents
16.17
Summary procedure for punishment for non-attendance by a witness in obedience to summons
Appeals from convictions under Sections 344, 345,
349 and 350
Chapter 17
Trial Procedures: Disposal of
Criminal Cases without Full Trial
17.3 Withdrawal from prosecution
Power of court to stop proceedings in certain cases
Absence or non-appearance of complainant
Abatement of proceedings on death of the accused
17.8 Conditional pardon to an accomplice
Trial of person not complying with conditions of pardon
Chapter 18
Trial Procedures: Preliminary
Pleas to Bar Trial
Scope of the chapter
18.2 Court without jurisdiction
Accused person suffering from certain disabilities 18.3
18.4 Criminal proceedings barred by limitation of time
18.5 Pleas of “autrefois acquit” and “autrefois convict”
18.6 Principle of issue-estoppel
Application of “res judicata” in relation to the stages of the same litigation
18.7
Initial steps in the trial
Steps to follow the prosecution evidence
19.5 Evidence for the defence
Procedure in cases of defamation of high dignitaries and public servants
Chapter 20
Trial Procedures: Trial of
Warrant Cases by Magistrates
20.2 Initial steps in the trial
Steps to follow the prosecution evidence
Evidence for the defence
20.9 Steps to follow the prosecution evidence
20.10 Evidence for the defence
Judgment and connected matters
Compensation for accusation without reasonable cause
Chapter 21
Trial Procedures: Trial of Summons
Cases and Summary Trial
Scope of the chapter
21.2 Initial steps in the trial
21.3 Hearing of the prosecution cases
Personal examination of the accused
Hearing of the defence case
21.6 Acquittal or conviction
21.7 Non-appearance or death of complainant
21.8 Withdrawal of complaint
Power to stop proceedings in certain cases
Power of court to convert summons cases into warrant cases
Compensation for accusation without reasonable cause
Judicial officers empowered to try summarily
21.13 Offences triable in a summary way
Procedure to be followed in summary trials 21.14
21.15 Record in summary trials
Judgment in cases tried summarily 21.16
Language of record and judgment 21.17
Chapter 22
Trial Procedures: Special
Rules of Evidence
Scope of the chapter 22.1
22.2 Dispensing with the attendance of witness by issuing commission for his examination
Commission to whom to be issued
22.4 Execution of commissions
22.5 Return of commission
Execution of foreign commissions
Adjournment of proceeding 22.7
Deposition of medical witness
Evidence of officers of the mint
Report of certain government scientific experts
No formal proof of certain documents
22.12 Affidavits in proof of certain matters
Proof of previous conviction or acquittal
Record of evidence in the absence of the accused
Chapter 23
Judgment
23.3 Judgments in abridged forms
Post-conviction dilemma 23.4
23.5 Guidelines for the exercise of the discretion not to punish
Exercise of judicial discretion in sentencing without adequate 23.6 knowledge about the offender
Judicial discretion in sentencing
23.8 Sentence of death
23.9 Sentence of imprisonment
23.10 Sentence of fine
Certain habitual offenders required to notify their whereabouts
Preventive measure against the risk of breach of peace
23.13 Guilty person to compensate the victim and to pay the costs of the prosecution
Successful complainant to get costs in non-cognizable cases
23.14
Compensation for wrongful arrests
23.15
Modes of pronouncing the judgment
23.17 Court not to alter judgment
Copy of judgment to be given to the accused and some others under certain circumstances
Translation of judgment when to be kept 23.19
Court of Session to send copy of finding and sentence to 23.20
District Magistrate
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Chapter 24
Review Procedures: Appeals
Object and scope of the chapter 24.1
24.2 No appeal in certain cases
Appeals from convictions
Appeal by government against sentence
24.4
Appeal against the order of acquittal
24.5
24.6 Petition of appeal and its presentation
Hearing of appeals in Court of Session
24.8 Summary dismissal of appeals
Procedure for hearing appeals not dismissed summarily
Powers of appellate court to grant bail
Power of the appellate court to obtain further evidence
Powers of the appellate court in disposing of appeals 24.12
24.14 Appeal is required to be heard by the Bench specified by the Rules
Rules regarding judgment of subordinate appellate court 24.16
Finality of judgments and orders on appeal
Abatement of appeals
Legal aid in appeal cases
Chapter 25
Review Procedures: Revision
Object and scope of the chapter 25.1
Reference to High Court and post-reference procedure
25.3 Power to call for and examine the record of any proceeding before subordinate court
25.4 Statement by Metropolitan Magistrate of grounds of his decision to be considered by the court of revision
25.5
25.6
Sessions Judge’s powers of revision
Powers of revision of Additional Sessions Judge
High Court’s powers of revision
Power of High Court to withdraw or transfer revision cases
25.9
High Court’s order to be certified to lower court
Chapter 26
Transfer of Cases
Object and scope of the chapter 26.1
Transfer of cases and appeals by Supreme Court
26.3 Transfer of cases and appeals by High Court
Transfer of cases and appeals by Sessions Judge
26.4
Withdrawal of cases and appeals by Sessions Judges
Withdrawal of cases by Judicial Magistrates
Making over or withdrawal of cases by Executive Magistrates
Chapter 27
Execution, Suspension, Remission and Commutation of Sentences
Object and scope of the chapter 27.1
27.2 Execution of sentence of death
Place of imprisonment
Execution of sentences of imprisonment
27.7 Warrant for execution of sentence of imprisonment
Execution of the sentence of fine
Suspension of execution of the sentence of imprisonment in default of payment of fine
27.9
Who may issue warrant
Sentence on escaped convict when to take effect
Sentence on offender already sentenced for another offence
Period of detention undergone by the accused to be set-off against the sentence of imprisonment
27.13
Saving 27.14
Return of warrant on execution of sentence 27.15
Money ordered to be paid recoverable as a fine
Constitutional provisions
Suspension or remission of sentences
27.18
“Lifers” convicted of capital offences to suffer actual imprisonment for at least 14 years
Concurrent power of Central Government in case of death sentences
State Government to act after consultation with Central Government in certain cases
27.21
27.22
Chapter 28
Preventive and Precautionary
Measures
Prevention of cognizable offences
Prevention of injury to public property 28.3
28.4 Inspection of weights and measures
Security for keeping the peace
28.6 Security for good behaviour
28.7 Preliminary procedure for initiating action under Sections 107 to 110
Result of the inquiry as to the truth of information
28.10 Proceedings subsequent to the order under Section 117
Imprisonment in default of security
Power to release persons imprisoned for failing to give security
28.12
Security for unexpired period of the bond
Appeal from orders requiring security or refusal to accept or 28.14 rejecting surety for keeping peace or good behaviour
Part III
Dispersal of unlawful or potentially unlawful assemblies
Protection against prosecution for acts done under
Sections 129 to 131
Conditional order for removal of nuisance and consequential steps
Procedure where existence of public right is denied
Procedure where he appears to show cause
Power of Magistrate to direct local investigation and examination of an expert
Procedure on order being made absolute and consequences of disobedience
28.22 Injunction pending inquiry
Preventive measures in respect of disputes as to immovable property
28.25
Preventive measures in respect of land or water disputes
28.27 Attachment of disputed property and appointment of receiver
Preventive measures in respect of disputes concerning right of use of land or water
28.28
28.29 Provision for local inquiry
Irregularities which vitiate proceedings under this chapter
Chapter 29
Proceedings for Maintenance of
Wives, Children and Parents
Objects and scope of the chapter 29.1
The main provision regarding grant of maintenance
29.2
29.3 Persons entitled to claim maintenance
29.4 Essential conditions for granting maintenance
Jurisdiction of Magistrates to deal with maintenance proceedings
29.5
29.6
29.7 Order of the Magistrate
29.8 Enforcement of order of maintenance
Domestic violence law
Cancellation of the order for maintenance
29.11
29.12 Civil court to take into account the sum received in pursuance of the order under Section 125
Chapter 30
Miscellaneous Provisions
30.3
30.4 Existing territorial divisions to be construed as being formed under the Code
Repeal and savings
Conferment and withdrawal of powers
Part III
Alteration, cesser etc. of metropolitan area
Arrangements when a Sessions Judge is overworked or when his office is vacant
30.9 Temporary arrangement when the office of a District
Magistrate is vacant
Power of High Court to make rules
Rule-making powers of other Courts
Other rule-making powers
30.13 Forms
30.14 Introductory
Order for custody and disposal of property during inquiry or trial
30.15
Order for disposal of property at conclusion of inquiry or trial
30.17 Payment to innocent purchaser of money found on accused
Appeal against orders under Section 452 or Section 453
30.18
30.19
Destruction of libellous and other matter
Power to restore possession of immovable property
Procedure by police upon seizure of property
Procedure where no claimant appears within six months
Power to sell perishable property
Service of summons on witness by post
Reciprocal arrangements regarding processes
Delivery to commanding officers of persons liable to be tried by court-martial
Interpreter to be bound to interpret truthfully 30.28
Public servant concerned in sale not to purchase or bid for 30.29 property
Duty of High Court to exercise continuous superintendence 30.30 over courts of Judicial Magistrates
Part VII
Irregularities which do not vitiate proceedings 30.31
Irregularities which vitiate proceedings
Defect or error not to make attachment unlawful
Finding or sentence when reversible by reason of error, omission or irregularity
Saving of inherent power of High Court
30.33
30.34
30.35
Probing the Problems
Chapter 1
Chapter 2
Chapter 3
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 23
Chapter 24
Chapter 25
Chapter 30
Subject Index