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CRIMINAL PROCEDURE CODE

GENERAL PROVISIONS

OFFENCE

Any act or omission made punishable by law for the time being in force.

A proceedings for prosecution of a person alleged to have committed an offence. The proceeding at the end must result in discharge, conviction or acquittal.

CASE

CLASSIFICATION OF OFFENCES

• Cognizable and non-cognizable offences

• Bailable and non-bailable offences

• Compoundable and non-compoundable offences.

• Warrant cases and Summon cases

COGNIZABLE OFFENCE

An offence for which a police officer

• May arrest without warrant and

• Can investigate without any order or direction of a Magistrate.

NON-COGNIZABLE OFFENCE

An offence for which there can be

• No arrest without warrant and

• No investigation without the orders of the Magistrate.

BAILABLE OFFENCE

An offence wherein bail is granted as a matter of course by police officer or by court

An offence wherein bail is granted at the discretion of the court or the authorities concerned.

NON-BAILABLE OFFENCE

COMPOUNDABLE OFFENCE• An offence wherein the accused

• enters into an agreement

• with the victim of the offence

• to pay some gratification or consideration for not prosecuting the accused.

An offence which cannot be compounded.

NON-COMPOUNDABLE OFFENCE

WARRANT CASE• A case relating to an offence punishable

with – death, – imprisonment for life or – imprisonment for a term exceeding two

years.

A case relating to an offence which is not a warrant case

SUMMONS CASE

INVESTIGATION

Includes all the proceedings under the Code

• for collection of evidence

• conducted by a police officer

• or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.

INQUIRY

• Every inquiry other than trial conducted by a Magistrate or Court.

• It is never conducted by police.

• It aims at determining the truth or falsity of certain facts.

• It is a judicial proceeding and oath can be administered to the persons to be examined in the course of an inquiry.

TRIAL

• The judicial process

• in accordance with law

• whereby the question of guilt or innocence of the person accused of an offence is determined.

ARREST

• The restraining of the liberty of man’s person • In order to

– compel obedience to the order of a court or – prevent the commission of a crime or– ensure that the person charged or suspected of a

crime may be forthcoming to answer it.

Arrest is when one is taken and restrained from his liberty.

CUSTODY

• ‘Custody’ denotes surveillance or restriction on the movement of a person.

• It is complete in the case of arrest.

• It may also be partial.

REMAND

• ‘Remand’ – ‘send back’ – remand to custody in a magisterial lock up

or jail.

• ‘Detention’- detention in police custody.

• ‘Remand’ - remand to judicial custody.

ARREST

• Arrest with warrant– In case of non-cognizable offences

• Arrest without warrant– In case of cognizable offences– If non-cognizable offence is committed in the

presence of police officer and the accused refuses to give his name and address

– In case of designing to commit a cognizable offence which cannot be otherwise prevented

POWERS FOR MAKING ARREST

• Power to use reasonable force• Power to search for the accused• Power to pursue the accused into any place

in India• Power to obtain the assistance of any person• Power to direct a subordinate officer to effect

the arrest• Power to re-arrest a person who has escaped

from custody.

AFTER-ARREST PROCEDURE

• Give Information regarding arrest and place of arrest to the person nominated by the arrested person

• Search the arrested person and place articles found upon him in safe custody after preparing a recovery memo

• Seize weapons if any and forward it to court• Cause medical examination of the arrested person if

necessary• Send a report of the arrest to the District Magistrate• Not release the arrested person

– except on bond, bail or on orders of Magistrate.

RIGHTS OF ARRESTED PERSON• Right to know the ground of arrest• Right to be taken before a Magistrate without

delay• Right to consult a legal practitioner• Right to be examined by a Medical

practitioner.• Information regarding arrest and place of

arrest to be given to one of his friends, relatives or other person

• Information regarding right to be released on bail

Powers of an Executive Magistrate under the Code

• Power to obtain security for keeping peace and good behaviour.

• Power to command an unlawful assembly to disperse.

• Power to command the removal or stoppage of any public nuisance.

• Power to issue prohibitory orders to prevent urgent cases of nuisance or danger

• Power to decide disputes relating to property by summary way to prevent breach of peace

COMPELLING APPEARANCE OF PERSON - PROCESSES

• Summons

• Warrant of arrest

• Proclamation and

• Attachment of property

COMPELLING PRODUCTION OF THINGS - PROCESSES

• Summons

• Search

– With warrant

– Without warrant

• Seizure

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