Definitions

(1)

OBJECT OF THIS CODE

OBJECT OF THIS CODE. : . : This This Code Code is is intended intended to to embraceembrace rules applicable to the prevention and prosecution of offenses against rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the rules of procedure in respect to the laws of this State, and to make the rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers the prevention and punishment of offenses intelligible to the officers who are to act

who are to act under them, and to all under them, and to all persons whose rights affected bypersons whose rights affected by them. It seeks:

them. It seeks: 1. T

1. To adopt o adopt measures for preventing the measures for preventing the commission of crime;commission of crime; 2. T

2. To exclude the o exclude the offender from all hope of escape;offender from all hope of escape;

3. To insure a trial with as little delay as is consistent with the ends of 3. To insure a trial with as little delay as is consistent with the ends of justice;

justice;

4. To bring to the investigation of each offense on the trial all the 4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;

evidence tending to produce conviction or acquittal; 5. T

5. To insure a o insure a fair and impartial trial; andfair and impartial trial; and

6. The certain execution of the sentence of the law when declared 6. The certain execution of the sentence of the law when declared

(2)

What is the difference between Indian Penal Code and

Criminal Procedure Code?

Indian Penal Code provides the details of the various penal offences, Indian Penal Code provides the details of the various penal offences, punishment applicable to these offences & definitions of various punishment applicable to these offences & definitions of various terms used in the penal code etc, whereas the Criminal Procedure terms used in the penal code etc, whereas the Criminal Procedure Code provides the procedure of getting the penal offences prosecuted Code provides the procedure of getting the penal offences prosecuted & punished by the criminal courts as well details regarding the arrest, & punished by the criminal courts as well details regarding the arrest, investigation, bail, jurisdiction, appeals, revisions & compounding of investigation, bail, jurisdiction, appeals, revisions & compounding of offence etc with regards to the various offences. In short you can say offence etc with regards to the various offences. In short you can say whereas the penal code defines the punishable offences the criminal whereas the penal code defines the punishable offences the criminal code provides method to get them punished. Both these are

code provides method to get them punished. Both these are enactmentenactment to check the crime in the society.

to check the crime in the society.

The Indian Penal Code is

The Indian Penal Code is the substantive law which the substantive law which defines offences and prescribesdefines offences and prescribes punishments for those

punishments for those offences.offences. The criminal procedure code is a

The criminal procedure code is a procedural law which prescribes the procedural law which prescribes the method of trialmethod of trial to be followed and

(3)

(4)

Cr.P.C.

Section 2 of the code defines some words

& phrases. They will have their meaning

as assigned in this section unless the

context otherwise requires.

(5)

2(a) Bailable offence: -Bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and non-bailable offence means any other offence. Non-bailable offence. -Non-bailable offence means any offence other than bailable offence.

Thus a bailable offence is that

(i) Which is mentioned in the First Schedule of the Criminal Procedure Code; or

(ii) Which is made bailable by any other law for the time being in force. Bailable offences are less serious than non-bailable offences. In bailable offence bail is granted as a matter of course by the police officer or by the court. Non-bailable offence does not mean that bail can in no case be granted. It only means that bail can be granted in the discretion of the court.

The courts have considered the seriousness of the charge, the nature of evidence, the severity of the punishment prescribed for the offence and in some instances the character, means and standing of the accused. The distinction is reflected in Ss. 436 & 437 of the code, which treats with bailable & non-bailable offences respectively.

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2(b) Charge: - Charge includes any head of charge when the charge contains

more heads than one.

A charge is the precise formulation of the specific accusation made against a person who is entitled to know its nature at the earliest stage. It consists of a notification to the accused of the offence which he is alleged to have committed, and which he is required to plead. The charge must state the offence with which the accused is charged. It is formulated generally after the inquiry into the case is over. It must be specific and precise. In a summary trial or summons case trial framing of formal charges is not necessary; but in warrant cases formal framing of the charges is necessary.

E.g.: - Second Schedule, Form No 32:

(1) (a) I, ______________________(name & office of magistrate, etc), hereby charge you ____________________________________( name of the accused person) as follows:

-(b) on section 121- that you. On or about the_____________day of _____________, at____________________waged war against Government of India and thereby committed an offence punishable under section 121 of the Indian penal code, and with in the cognizance of this court.

(c) and I hereby direct that you be tried by this court on the said charge.

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2(c) Cognizable offence. -Cognizable offence means

an offence for which a police officer may, in

accordance with the First Schedule or under any other

law, for the time being in force, arrest without

warrant..

Cognizable case. -Cognizable case means a case

relating to an offence in which a police officer may, in

accordance with the First Schedule or under any other

law for the time being in force, arrest without warrant.

In order to be a cognizable case it would be enough if

one or more of the offences are cognizable offences.

There can be no case under the code, which is partly

non-cognizable.

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2(l) Non-cognizable offence. -Non-cognizable offence means an offence for which a police officer has no authority to arrest without a warrant.

Non-cognizable case means a case relating to an offence in which a police officer has no authority to arrest without a warrant.

If the power of arrest without a warrant is limited to any particular class of police officers that does not prevent the offence being regarded as a cognizable offence. For example, in case of an offence under the Gambling Act only Deputy Superintendent of Police is given power to arrest. The offence is nevertheless cognizable. However, the power of arrest given to any police officer must not be conditional. It should be unqualified power. If the power is conditional the offence would not be a cognizable one. For example, under the Opium Act a police officer may arrest without warrant if the accused does not furnish the security required by the relevant section. The offence is, therefore, not a cognizable one.

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2(d) Complaint. - Complaint means any allegation

made orally or in writing to a Magistrate. The purpose

of the complaint is to enable the Magistrate to take

action under this Code. A complaint implies that some

person, whether known or unknown, has committed an

offence. Complaint does not include a police report.

Explanation. -

a report made by a police officer in a

case

which

discloses

after

investigation,

the

commission of a non-cognizable offence shall be

deemed to be a complaint. The police officer by whom

such report is made shall be deemed to be a

complainant. A complaint in a criminal case is what a

plaint is in a civil case.

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The following are the requisites of a complaint:

(1) It is an allegation, which may be made orally or in writing. It may not set out the facts on which the accused is to be charged. It must contain a statement of facts which are relied on as constituting the offence.

(2) The allegation must be that some person known or unknown has committed an offence. It is not necessary that a particular offence alleged to have been committed must be stated. It may not mention the particular section of the statute under which the offence has been committed. But mentioning of a wrong section does not vitiate the character of the complaint.

(3) Complaint must be made to a Magistrate. A 'police officer' is not a magistrate and as such a petition or information sent to a police officer is not a complaint.

(4) It must be made with a view that the Magistrate should take action under the Code. A mere statement to a Magistrate by way of information without any intention of asking him to take action is not a complaint.

(5) It is not necessary that complaint should be made by the aggrieved person. Any person may make it aware of the offence. It is not necessary that the person making a complaint must have personal knowledge of the facts constituting the offence. The word complaint has a very wide meaning. No particular form is prescribed in which a complaint is to be made.

A complaint is constituted of the allegations of fact relating to the commission of an offence. Allegations, which do not amount to an offence, would not to be a complaint. An omission to mention the offence made out by the facts, or the mentioning of a wrong section of the Indian Penal Code does neither vitiate the complaint nor affect the jurisdiction of the court to try a person complained against for the offences, which can be made out on the basis of the allegation in the complaint.

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Distinction

between

'Complaint'

and

'First

Information report'

(1) In complaint the allegation is made orally or in

writing to a Magistrate; but the first information is given

to an officer in charge of a police station.

(2) A complaint may relate to a cognizable or

non-cognizable offence; a first information report must

relate to a cognizable offence on the face of it.

(3) A Magistrate takes cognizance of an offence on a

complaint made to him, but he cannot do so on first

information.

(4) A complaint does not include the report of a

police officer; the first information of an offence may be

given by any body, including a police officer.

(12)

2(g) Inquiry

. -Inquiry means every inquiry other than a trial,

conducted under this Code by a Magistrate or Court. An

inquiry is something different from a trial and that inquiry

stops when Trial begins. The term trial as used in the code

pre-supposes the commission of an offence but an inquiry may

cover inquires into matters other than offences, e.g., inquiry

concerning disputes as to immovable property, inquiry

regarding public nuisances

If the magistrate is of the opinion that the case is triable by him

and also that he is competent to impose adequate sentence on

the accused, he may himself deal with the case and may either

discharge the case or acquit or convict the accused. If he is of

the opinion that the offence is a serious one and exclusively

triable by sessions court, he shall commit the case to the court

of sessions. Such committal is made only where the magistrate

on the basis of the inquiry conducted by him finds that a prime

facie case has been made out against the accused. They are

known as “Committal Proceedings”

(13)

Trial

. - Trial according to Stroud's Judicial Dictionary means

"the conclusions by a competent Tribunal, of questions in issue

in legal proceedings, whether civil or criminal" According to

Wharton's Law Lexicon trial means "the hearing of a cause, civil

or criminal before a judge. Who has jurisdiction over it,

according to the law of the land." The word trial, however, has

no universal meaning. In many sections of the Code "trial" has

been used in the sense of the reference to a stage after the

inquiry. But this word has to be given that meaning which the

particular context, in which it is used, demands:

Trial includes all proceedings including sentence, no trial can be

concluded until judgment and sentence are passed. It is a

proceeding, which involves examination and determination of a

cause by a judicial tribunal, which has jurisdiction over it. It is a

judicial proceeding, which ends in conviction or acquittal of the

(14)

Difference between inquiry and trial. -Both inquiry and trial are judicial proceedings. Inquiry differs from trial in the following ways:

(1) An inquiry does not necessarily mean an inquiry into an offence because it may relate to matters, which are not offences, for example, inquiry made in dispute? relating to immovable property with regard to possession, public nuisance, or for the maintenance of wives and children. A trial is always of an offence.

(2) An inquiry into an offence never ends in conviction or acquittal; at the most it may result in discharge or commitment of the case for trial by a Magistrate or the Sessions Judge. A trial invariably ends in acquittal or conviction of the accused.

(3) Inquiry includes every inquiry other than a trial conducted under this Code by a Magistrate or a Court. Trial is the examination and determination of a cause by a judicial tribunal, which has jurisdiction over it.

(4) Inquiry precedes trial and trial follows inquiry.

(5) Inquiry is the second stage and trial is the third stage in a criminal case.

(15)

2(h) Investigation. -Investigation includes all the proceedings under this Code for the collection of evidence. These proceedings are conducted by a police officer or by any person who is authorised by a Magistrate in this behalf but not the Magistrate himself. Where power is given to any authority to deal with the offence he can in exercise of that power investigate into the offence because the expression "dealing with the offence" includes power of investigation also. It was held in State of U.P. v. Sant Prakash, (1976 Cr.LJ 274 All) that the main purpose of an investigation is collection of evidence and it must be conducted by a police officer or a person' enjoying the powers of a police officer or authorised by a Magistrate in this behalf or a person in authority. The definition as given in the Code is not exhaustive. It has been held in Baldev Singh ( 1975 Cr.LJ 1662 Punj) that the arrest and detention of a person for the purpose of investigation of a crime forms an integral part of the process of investigation. Similarly examining witnesses and arranging raids for the purpose of dealing with a complaint by an Inspector of Anti-Corruption Department also constitutes part of investigation. So also searches made for collection of evidence," and medical examination of the arrested person" also forms part of investigation.

(16)

There are three stages in a criminal case: (i) Investigation,

(ii) Inquiry and (iii)Trial.

The first stage is that of investigation wherein a police officer either by himself or under orders of a Magistrate investigates into a case. If the investigating officer finds that no offence has been committed, he reports the fact to a Magistrate who drops the proceedings and the case there by comes to an end. But if his investigation reveals the commission of an offence, the case is sent to the Magistrate. In this case begins the second stage of a criminal case which may either be the stage of inquiry or trial. If the Magistrate thinks that the case is both triable by him and also that he is capable of passing adequate sentence, he may himself deal with the case and either convict the accused, or discharge or acquit him. But where the offence, in the opinion of the Magistrate, is a serious one not triable by him or triable but he is not competent to pass adequate sentence on conviction, he commits the case to the Court of Sessions. Any such committal is made where the Magistrate on the basis of an inquiry conducted by himself finds that a prima facie case has been made out against the accused. This is known as "committal proceeding". The provisions relating to committal proceedings have been dropped in the new Code in order to avoid delay in the disposal of cases.

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Now in case of serious crimes which are triable by the

Sessions Court and where the Magistrates have no

jurisdiction to try, the case is directly tried by the

Sessions Court without adhering to the procedure of

inquiry by Magistrates for the purpose of committal

proceedings. The third stage in such cases is reached

when the accused is presented for 'trial' before the

Sessions Court. All trials in the Sessions Court could be

either by a jury or with the pennission of the High

Court by the Judge himself. But under the new Code

jury system has been abolished and trials are conducted

(18)

In

Maha Singh

v.

State (Delhi Administration), AIR

1976 SC 449,

a complaint was made to the Inspector of

Anti-Corruption Department, who recorded the same

and arranged the raid by noting each step taken there

under in regular manner. He himself examined the

witnesses under Section 161 Cr. P.C. and completed

the investigation. It was held that whatever was done

in this case by the Inspector in order to detect the

accused while taking the bribe came within the term

"investigation" under clause (h), of Section. It was held

in

Assistant

Collector

C.E.C.

Preventive

v.

Krishnamurthy and others, 1983 Cr. LJ 1880

that the

word investigation has to be read and understood in the

light of not only the powers conferred on police

officers but the restrictions placed on them in the use

and exercise of such powers.

(19)

Difference between investigation and inquiry. -Investigation and inquiry both are conducted under the provisions of the Code of Criminal Procedure but the two are different in their object and scope. Inquiry differs from investigation in the following respects:

(1)An investigation is made by a police officer or by some person authorized by a Magistrate. Inquiry is made by a Magistrate or a Court. Investigation is never made by a Magistrate or Court.

(2) The object of an investigation is to collect evidence for the prosecution of the case. The object of inquiry is to determine the truth or falsity of certain facts with a view to taking further action thereon. (3) Investigation is the first stage of a criminal case and is normally followed by inquiry by a Magistrate. Inquiry is the second stage of a case and is ordinarily preceded by investigation.

(4) Investigation is not a judicial proceeding; whereas an inquiry is a judicial proceeding.

(20)

2(i) Judicial Proceeding. -Judicial proceeding

includes any proceeding in the course of which

evidence is or may be legally taken on oath.

Judicial proceeding includes the whole proceeding

from the filing of the complaint until the decision of the

Court. Under Section 202 of the Code an inquiry or

investigation may be ordered and such inquiry or

investigation is a part of judicial proceeding. The term

"judicial proceeding" includes 'inquiry' and 'trial' but

not 'investigation'. It also includes an execution

proceeding.

(21)

2(j) Local jurisdiction in relation to a Court or

Magistrate, means the local area within which the Court

or Magistrate may exercise all or any of its or his powers

under this Code (and such local area may comprise the

whole of the State or any part of the state, as the state

government, may, by notification specify.

(22)

2(k) Metropolitan area means the area declared, or

deemed to be declared, under section 8, to be a

metropolitan area

(23)

2(p) Place. -Place includes a house, building, tent, vehicle and vessel. Place means all that is covered by the word within its ordinary dictionary meaning.

2(q) Pleader. -"pleader", when used with reference to any proceeding in any Court, means a person authorized by or under any law for the time being in force, to practice in such Court, and includes any other person appointed with the permission of the Court to act in such

proceeding;

2(r) Police Report. -'Police report' means a report forwarded by a police officer to a Magistrate under sub-section (2) of Section 173. A police report as defined in Section 2(r) is confined to a report by a police officer forwarded after completion of investigation and not earlier.

(24)

2(s) Police Station. – Means any post or place declared generally or specially by the State government, to be a Police Station, and includes any local area specified by the State Government in this behalf.

2(u) Public Prosecutor.- means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor;

2(w) Summon Case: - it means a case relating to an offence, and not being a warrant case.

2(x) Warrant-case. - 'Warrant-case' means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

The division is made with a view to separate ordinary cases from the serious cases. The division has no bearing on the question whether a Summons or a Warrant shall issue in the first instance. The division determines the mode or trial. The procedure for the trials of summon cases (Chapter XX) is different from that of trial of Warrant cases.