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Criminal Procedure NOTES

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Criminal Procedure NOTES

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Free, fair & impartial investigation is fundamental right. Article 21


The maxim expression unius est exclusion alterius (expression of on
thing is the exclusion of another) applies in the interpretation of Secti
154 of the Code, where the mandate of recording the information in writi
excludes the possibility of not recording an information of commission of
cognizable crime in the special register.

,CrPC – The First Shedule • CrPC 2(n) “offence” means any ac
Classifications of offences or omission made punishable by a
Definition
law for the time being in force and
includes any act in respect of whic
Ingredients/Elements
complaint may be made under
Punishment section 20 of the Cattle-trespass A
Cognizable/Non-cognizable 1871 (1 of 1871);
Bailable or Non-bailable
By what court triable
…………………………………………………………………… • CrPC 2(h) “investigation” includes
CrPC 320 - Compoundable or Non-
the proceedings under this Code f
compoundable the collection of evidence conduct
Limitation CrPC - 467 to 473 chapter 36 by a police officer or by any perso
Local jurisdiction CrPC – 177 to 189 ch. 13 (other than a Magistrate) who is
locus standi CrPC 195 to 199, 39,40 authorised by a Magistrate in this
Legal bar - Compliance - Exceptions 76-106
behalf

,CrPC 2(c) “cognizable offence” means an offence for which, and “cognizable case” means a
which, a police officer may, in accordance with the First Schedule or under any other law for
being in force, arrest without warrant; Non IPC – 3 years & more

CrPC 2(l) “non-cognizable offence’ means an offence for which, and “non-cognizable case” m
case in which, a police officer has no authority to arrest without warrant;

CrPC 2(w) “summons-case” means a case relating to an offence, and not being a warrant-ca

CrPC 2(x) “warrant-case” means a case relating to an offence punishable with death, impris
for life or imprisonment for a term exceeding two years;

CHAPTER 18 Trial Before A Court Of Session 225 to 237
CHAPTER 19 Trial Of Warrant-cases By Magistrates
A.-Cases Instituted On A Police Report 238 to 243
B.-Cases Instituted Otherwise Than On Police Report 244 to 247
C.-Conclusion Of Trial 248 to 250
CHAPTER 20 Trial Of Summons-cases By Magistrates 251 to 259
CHAPTER 21 Summary Trials 260 to 265
CHAPTER 21 A Plea Bargaining 265 (A – L)

, CrPC 154. F.I.R. Information in cognizable cases. CrPC 155. N.C.R. Information as to non-cogniz
cases and investigation of such cases.
1) Every information relating to the commission of a cognizable 1) When information is given to an officer
offence, if given orally to an officer in charge of a police station, a police station of the commission with
shall be reduced to writing by him or under his direction, and of such station of a non-cognizable offen
be read over to the informant; and every such information, enter or cause to be entered the subst
whether given in writing or reduced to writing as aforesaid, information in a book to be kept by su
shall be signed by the person giving it, and the substance such form as the State Government ma
thereof shall be entered in a book to be kept by such officer in in this behalf, and refer the inform
such form as the State Government may prescribe in this behalf. Magistrate.
(amendment - nirbhaya act, 2013) 2) No police officer shall investigate a non
2) A copy of the information as recorded under sub-section (1) case without the order of a Magist
shall be given forthwith, free of cost, to the informant. power to try such case or commit the ca
3) Any person aggrieved by a refusal on the part of an officer in 3) Any police officer receiving such order m
charge of a police station to record the information referred to the same powers in respect of the i
in subsection (1) may send the substance of such information, (except the power to arrest without wa
in writing and by post, to the Superintendent of Police officer in charge of a police station may
concerned who, if satisfied that such information discloses the a cognizable case.
commission of a cognizable offence, shall either investigate the 4) Where a case relates to two or more
case himself or direct an investigation to be made by any police which at least one is cognizable, the c
officer subordinate to him, in the manner provided by this deemed to be a cognizable case, notw
Code, and such officer shall have all the powers of an officer in that the other offences are non-cogniza
charge of the police station in relation to that offence.

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