Criminal Procedure Of Code

7.DISCUSS THE CONSTITUTION AND POWERS OF JUVENILE JUSTICE BOARD? SYNOPSIS: INTRODUCTION MEANING OF JUVENILE MEANING OF JUVENILE IN CONFLICT WITH LAW JUVENILE JUSTICE BOARD POWERS OF THE JUVENILE JUSTICE BOARD CONCLUSION INTRODUCTION: The Act has been enacted with a view to introduce a uniform law relating to Juvenile justice for due protection an care of children and juvenile adolescents who commit an offence. It also sets out standard norms for the investigation and trial of juvenile offenders and to establish liaison with the institutions associated with the welfare of juveniles also enacted in the Juvenile Justice(Care and Protection of Children Amendment Act 2000 which is in accordance with Standard Rules laid down by the United Nations for juveniles in conflict with law. MEANING OF JUVENILE: means a person, who has not completed eighteenth year of age according to the Juvenile Justice(Care and Protection of Children Amendment Act 2000 Earlier Act of 1986 a Juvenile meant a male juvenile who had not attained the age of 16 years, and a female juvenile who had not attained the age of 18years. MEANING OF JUVENILE IN CONFLICT WITH LAW: means a juvenile who is alleged to have committed an offence and has not completed eighteenth years of age as on the date of commission of such offence. POWERS OF THE JUVENILE JUSTICE BOARD: Constitution: The Juvenile Justice Board has been constituted for the inquiry and hearing in the case of juvenile who is in conflict with law. It also lays down the qualifications for the appointments of the members of the board and conditions for removal.

 The state Government within a period of one year from the date of commencement of the Juvenile Justice(Care and Protection of Children Amendment Act 2006 has by official Gazette, to constitute for every district one or more Juvenile Justice Boards (JJB) for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law.  The Board shall consist of Metropolitan Magistrate or a judicial Magistrate of the First Class, as the case may be, and two social workers of whom at one shall be a woman, forming a bench and every bench shall have the powers conferred by the Code of Criminal procedure code.  No Magistrate shall be appointed as a member of the Board unless he has special knowledge or training in child psychology or child welfare and social worker shall be appointed as a member of the Board unless he has been actively involved in health, education or welfare activities pertaining to children for at least seven years.  The term of office of the members of the Board and the manner in which such member may resign shall be such as may be prescribed.  The appointment of any member of the Board may be terminated after holding an inquiry, by the State Government, if  He has found guilty of misuse of power vested under this Act.  He has been convicted of an offence involving moral turpitude, an such conviction has been reversed or he has not been granted full pardon in respect of such offence .  He fails to attend the proceedings of the Board for consecutive three months without any valid reasons or he fails to attend less than three-forth of the sittings in a year. Procedure in relation to Board:  The Board shall meet at such times and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

 A child in conflict with law may be produced before an individual member of the Board , when the Board is not sitting.  A Board may act notwithstanding the absence of any member of the Board and no order made by the Board shall be invalid by reason only of the absence of any member during any stage of proceedings: Provided that there shall be at least two members including the principal Magistrate present at the time of final disposal of the case  In the event of any difference of opinion among the members of the Board in the interim or final disposition, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the principal Magistrate shall prevail.

Powers of Juvenile Justice Board: Where a Board has been constituted for any district such board shall not withstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all the proceedings under this Act relating to juvenile in conflict with law.  The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Court of Session, when the proceedings comes before them in appeal, revision or otherwise. CONCLUSION: The juvenile justice Board has got many more powers vested in it like making inquiry in relation to the juvenile and also pass orders regarding the juvenile and further has power to ensure then good behavior of the juvenile.

SHORT NOTES ON BAIL OF JUVENILE:

 Section 15(1), if a juvenile is arrested or detained or appears or is brought before a Board, he shall be released on bail, in other words, he has the right to Bail. The Bail shall be granted to him not withstanding anything contained in Cr.P.C. or any other law for the time being force.  He shall be released on bail with or without surety or he may be placed under the supervision of a Probation Officer or under the care of any fit institution or person.  Condition for not granting Bail to juvenile:  The only limitation on his release is that by the release if he is likely to come into association with any known criminal or expose him to moral, physical or psychological danger or release would defeat the ends of justice, the bail shall not be granted.  Refusal of bail on the only ground of prima facie case against the juvenile is no ground for rejection of bail. The prosecution opposing the bail must show the grounds which exists in Section 12.  If an earlier bail petition of the juvenile is rejected treating him to be major, the moment he is declared juvenile, his prayer for bail will be considered.  If the officer-in-charge of a Police Station on the arrest of such person does not release him on bail, he shall cause him to be kept only in an Observation Home till he is brought before the Board.  If such person is not released on bail, he shall not be sent to jail. He shall be sent to an Observation Home or a place of safety during the pendency of inquiry for such period as specified in the order.

DISCUSS THE POWERS OF THE COURTS TO RELEASE OFFENDERS AFTER ADMONITION AND ON PROBATION OF GOOD CONDUCT. SYNOPSIS: INTRODUCTION MEANING OF ADMONITION POWERS OF THE COURT TO RELEASE OF OFFENDERS AFTER ADMONITION PROBATION OF OFFENDERS ACT AND APPLICABILITY RELEASE OF OFFENDES UNDER PROBATION OF GOOD CONDUCT

CONCLUSION.

INTRODUCTION: The word ‘probation’ has its origin in Latin word ‘probate’ which means to prove or to test. In this system the offender has to prove worthy of not being punished by his conduct. This concept has developed gradually. Probation is a condition release of the offender of maintaining good behavior during the period of probation. The probation can be applied to all kinds of offences yet it is generally applied to offences which are not grave in nature and to only persons who are under the age of 21 years of age. But however with amendment of section 562 of Cr.P.C. by putting the words in all suitable cases as the objective of this act is reformative and the criminals need reformation than the punishment which is the main philosophy of this law. MEANING OF ADMONITION: Admonition by a judge means a reprieve and, a censure or a re-proof warning the accused being let-off that in case of repetition he will be punished severely in accordance with law. POWERS OF THE COURT TO RELASE THE OFFENDERS AFTER ADMONITION: According to Section 3 of the Probation of offenders Act, 1956: 1. Any person is found guilty of having committed: (i) Any offence punishable under section 379 or Section 380 or 381 or 404 or 420 of IPC. (ii) Any offence punishable with imprisonment for not more than two years, or with fine, or with both under the IPC or any other law. (iii) No previous conviction proved against him. (iv) The court finding guilty is of opinion that having regard to the circumstances of the case including the nature of the offence and the character of the offence, it is expedient so to do.

PROBATION OF OFFENDERS ACT AND ITS APPLICABILITY: By virtue of Section 4 of the Probation of offenders Act the act applies to such offences where the Trial court convicted the offender but instead of sentencing him ordered to be released on probation. The Act provides a chance to the offender for his reformation. POWERS OF COURT TO RELEASE CERTAIN OFFENDERS ON PROBATION OF GOOD CONDUCT:  When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of the opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct after entering into a bond with or without sureties, to appear and receive sentence when called upon during such period, not exceeding 3 years, as court may direct and in the meantime to keep the peace and be of good behavior.  The court shall release such offender unless it has not satisfied by the offender or his surety and enters into a bond.  Before making an order, the court shall take into consideration the report of the probation officer concerned in relation to the case.  When an order is made, the court may, if it is of the opinion that in the interest of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of the probation officer named in the order during such period, not being less than one year. The supervision order may impose such conditions as it deems necessary for the due supervision of the offender.  The court making a supervision order shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, absentation from intoxicants or any other

natter as the court may have regard to the particular circumstances for preventing a repetition of the offence.  The court making the supervision order shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officers concerned. CONCLUSION: Under section 3 and 4 of the Act the court shall call for a report from the probation officer and consider the report if any and other information available to it relating to the character and mental conditions of the offender before releasing him.

SHORT NOTES ON PROBATION OFFICER: A Probation Officer under this Act shall be:  A person appointed to be a probation officer by the state government for recognized as such by the State Government or  A person provided for this purpose by a society recognized in this behalf by the state Government  In any exceptional case, any other person who, in the opinion of the court, is fit to act as probation officer in the special circumstances of the case.  A District Magistrate of the district in which the offender for the time being resides may at any time, appoint any probation officer in place of the person named in the supervision order.

Duties of the Probation officer: A probation officer shall subject to such condition and restrictions, as may be prescribed:-

 Inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person accused of an offence with a view to assist the court in determining the most suitable method of dealing with him and submit reports to the court.  Supervise probationers and other persons place under his supervision and where necessary, endeavor to find then suitable employment.  To advise and assist offenders in the payment of compensation or costs ordered by the court.  To advise and assist, in such cases and in such manner as may be prescribed, persons who have been released under Section 4  Perform such other duties as may be prescribed.

WHAT IS ARREST? STATE THE CIRCUMSTANCES UNDER WHICH A PERSON CAN BE ARRESTED WITHOUT WARRANT. SYNOPSIS: INTRODUCTION MEANING TYPES OF ARREST ARESST WITHOUT WARRANT CONCLUSION

INTRODUCTION: Arrest is a very important process in the code as it ensures the presence of the accused at the trial. Section 41 to 60 of the CRPC lays down the provisions relating to Arrest of Persons. This section empowers a police officer to arrest a person and not a private person. MEANING: “Every compulsion or physical restraint is not arrest but when the restraint is total and deprivation of liberty is complete, that would amount to arrest”. The

expression “Arrest” literally means “Deprivation of personal liberty by legal authority. An arrest implies the actual seizure or touching of the person with a view to keep him in detention. TYPES OF ARREST: 1. Arrest with warrant 2. Arrest without warrant 1. ARREST WITH WARRANT : means which may be issued by a Magistrate after taking cognizance of the offence whether cognizable or noncognizable . If the offence is cognizable, the police can arrest without warrant. The purpose of warrant is to cause the accused to appear before the court. The Magistrate issues warrant, when he has reason to believe that the accused has absconded or would not obey the summons. Cognizance of any offence can be taken by a magistrate not only upon a police report but also upon receiving complaint or upon information received from any person other than a police officer or upon the knowledge of the magistrate himself. In such cases or where the cognizance has been taken on a police report in respect of a non-cognizable offence, the magistrate may issue a warrant of arrest in accordance with the above mentioned rules. 2. ARREST WITHOUT WARRANT: Generally a person shall be arrested with a warrant. However, a person may be arrested without warrant because of the serious nature of circumstance and to enable the police to discharge their duties effectively powers of arrest without warrant are mainly conferred on the police. Arrest without warrant can be made under the following circumstances: a. Arrest without warrant by police (section 41,42 and 55) b. Arrest by private person (Section 43) c. Arrest by a Magistrate (Section 44) a. Arrest without warrant by police (section 41,42 and 55):- Section 41 contains the circumstances under which the police may arrest without warrant. Section 42 empowers the police to arrest a person accused of committing a non-cognizable offence, who refused to

reveal his/her name and residence. Section 55 lays down the procedure to be followed by a police officer, who deputes another officer subordinate to him to arrest a person without warrant. Powers of police to arrest a person without warrant under the following circumstance: 1. If a person is actually concerned or reasonably suspected to be concerned in a cognizable offence. 2. If he has committed or suspected to have committed an act outside India and the act is punishable under IPC. 3. Against a requisition from another police officer competent to arrest him without warrant. 4. Any person, who is deserter from any of the Armed forces of the Union. 5. Any person who is in possession without lawful excuse of any implemented of House breaking. 6. Any person found in possession of any property suspected to be stolen. 7. Any person obstructing a police officer in the discharge of his duties. 8. Any person who has escaped from lawful custody. 9. If a person, in the presence of police officer is accused of committing a non-cognizable offence and refuses to give his name and address. 10.When a police officer requires any officer subordinate to him to arrest without warrant any person shall give such order in writing. b. Arrest by private person (Section 43): Every person has a duty to inform the police or the nearest Magistrate, the commission of an offence. He can also arrest if the offender and handover him to the police. According to Section 43(1) of the Code, a private person may arrest or cause to be arrested any person1. If he commits a non-bailable and cognizable offence : or 2. If he is a proclaimed offender.

But he shall without any delay make over such person to a police officer or nearest police station. The police officer may then rearrest the person so handed over to him. c. Arrest by Magistrate: Section 44: Any Magistrate, whether judicial or executive may arrest a person within his jurisdiction: 1. Any person who commits an offence in his local jurisdiction and his presence; or 2. Any person, for whose arrest, he is competent to issue a warrant. A magistrate arresting a person under section 44(1) of the Code should not try the case himself. The person so arrest by the Magistrate shall be produced within 24 hours before another Magistrate otherwise the arrest becomes illegal.

PROBLEM A police officer has no definite knowledge or definite information that a person ‘A’ is in possession of an implement of house breaking. Police officer arrests ‘A’. is ‘A’’s arrest illegal? If yea, has ‘A’ a right of private defense against it, even though an implement of house breaking may actually be found on searching after the arrest? Answer with reasons. ANSWER: under Section 41(1) (b) of Cr.P.C. any police officer may without an order from a Magistrate and without a warrant, arrest any person who has in his possession without lawful excuse, the burden of proving which shall be on such person, any implement of house breaking. In Ramyan Rai V. Emperor, it was held that the police officer should have definite knowledge or information of the possession of implement of house breaking. Therefore, the arrest of ‘A’ by the police officer is not legal although after arrest ‘A’ was found to be in possession of implement of house breaking on search. Under section 99 of I.P.C. there is no right of private defense against an act which does not reasonable cause the apprehension of death or of grievous hurt, if done or attempted to done, by the direction may not be strictly justifiable in law. In Abdul Hakims’s case it was held

that in absence of such knowledge or information, the arrest is illegal and the person who is arrested has right of private defense even though after arrest, the implement of house breaking is found on search. Since by the act of police officer effecting the arrest, there was no reasonable apprehension of death or grievous hurt, right of private defense could not be exercised against him. CONCLUSION: After the amendment of the Act in 2008 the arrest on the ground of a person being in possession of, without lawful excuse the implement of House breaking , does not exist then the arrest becomes illegal even if there is definite knowledge or information of a person being in possession of implements of house breaking. PROBLEM: A was arrested in the morning of 27.8.1991 and produced before the Magistrate on 29.8.1991. First information Report revealed that the delay in producing the accused before the Magistrate was cause because the police officials were required to go to other place in connection with communal riot. They also tendered unconditional apology for the delay. Discuss the legality of detention or custody beyond twenty four hours. ANSWER: This problem is based on Section 57 of Cr.P.C. No police officer shall detain in custody a person arrested without warrant for longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court. Article 22 of the constitution of India which is a provision of Fundamental Right gives a similar protection to the person arrested and detained by the police. These provisions enable the magistrate to keep check over the police investigation and to come down heavily upon the policed in case of disobedience of these provisions. The provision for production before the magistrate within 24 hours of arrest excluding the time necessary for journey has been made in Cr.P.C.

and Constitution for guaranteeing personal liberty not to be jeopardized. The failure to observe this provision by the police does not render the custody illegal so as to entitle the accused to be released. The facts of the aforesaid problem are similar to the facts of Kultej Singh V. Circle Inspector in which the apology by the police officials was unconditionally accepted.

UNIT-II 2(a) WHAT IS BAIL? EXPLAIN THE PROCEDURE REGARDING THE GRANTING OF BAIL IN CASES OF BAILABLE AND NONBAILABLE OFFENCES. SYNOPSIS; INTRODUCTION MEANING OF BAIL TYPES OF BAIL PROCEDURE FOR GRANTING BAIL IN BAILABLE OFFENCES PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES CONCLUSION

INTRODUCTION: One important purpose of arrest is to secure the presence of the accused person at the time of his enquiry or trial and to ensure that he is available to receive the sentence on conviction. If the purpose can be achieved without forcing detention on the accused during inquiry or trial, it would be an ideal blending of two apparently conflicting claims, namely freedom of the individual and the interest of justice. It is presumed under law that the accused is innocent till the guilt is prove beyond reasonable doubt so he should not be subjected to the psychological and physical deprivations of jail life. The release on bail is crucial to the accused as the consequences of pre-trial detention are grave. Therefore the law of bails attempts to devise such a system and to operate it is in such manner as to enable it to release on bail the maximum number of accused persons without seriously endangering the objectives of arrest and trial.

MEANING OF BAIL: There is no definite definition of bail in the Code, although the terms bailable offences and non-bailable offences have been defined. According to Law Lexicon Bail has been defined as a security for the appearance of the accused on giving which he is released pending trial or investigation. In other words, bail is to procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court. In fact when a person is granted bail, he is deemed to be under the custody of the court. TYPES OF BAIL: There are three types of Bails. They are as follows: 1. Bail in Bailable Offences (Section 436) 2. Bail in Non Bailable Offences (Section-437) 3. Anticipatory Bail (Section-438)

CIRCUMSTANCES FOR GRANTING BAIL IN BAILABLE OFFENCES: Bail in bailable offences is mandatory until and unless the arrestee has not complied with formalities of the bail. 1. where the arrestee is not accused of no-bailable offence:  It covers to all cases of persons accused of bail offences.  Where a person has failed to comply with conditions of the bail as regards the time and place of attendance, the court may refuse to release him on bail.  Where a person has been released on bail by the police should seek fresh bail from the court. 2. Where the investigation is not completed within the time prescribed: A person arrested without a warrant cannot be detained by the police for more than 24 hours

 If the police officers consider it necessary for detaining such person for a longer period for the purpose of investigation it can be done so only on special orders from the magistrate under section 167.  90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for term not less than ten years and  Sixty days where the investigation relates to any offence  On the expiry of such periods as state above the accused person shall be released on bail if he is prepared to and does furnish bail 3. Where no reasonable grounds exist for believing the accused guilt of nonbailable offence. 4. Where trial before magistrate not concluded within 60 days 5. Where no reasonable grounds exist for believing the accused guilty after conclusion of trial before judgment.

PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES: Granting of bail in non-bailable offences is the discretion of the court and it not mandatory. 1. The discretion has to be exercised according to the following rules and principles as laid down by the Code and judicial decisions. Some of circumstances to be followed are as follows:  The enormity of charge,  The nature of accusation,  The severity of the punishment which the conviction will entail,  The nature of the evidence in support of the accusation,  The nature and gravity of the circumstances in which the offence is committed,  The position and status of the accused with reference to the victim and the witnesses,  The danger of witnesses being tampered with,

     2. 3.

4.

The likelihood of accused fleeing from justice, Probability of the accused committing more offences, The protracted nature of the trial, The opportunity to the applicant for preparation of his defense and access to his counsel, The health, Age and sex of the accused person, etc., No bail in case of offence punishable with death or imprisonment for life. Bail with conditions.  In order to ensure that such person shall attend in accordance with the conditions of the bond executed.  In order to ensure that such person shall not commit an offence similar to the offence of which he is accused of or the commission of which he is suspected, and  That such person shall not directly or indirectly make any inducement, threat or promise to any person aquatinted with the facts to the court or to any police officer or tamper with the evidence. Powers of the High court or court of session in granting bail.

2(b). WHAT IS CHARGE? EXPLAIN THE FORM AND CONTENTS OF CHARGE. SYNOPSIS: INTRODUCTION MEANING CONTENTS OF CHARGE CONCLUSION

INTRODUCTION: The farming of charge is a vital and important part of a trial. A charge is the first notice to the prisoner of matter whereof he is accused and which must convey to him the sufficient clearness and certainty what the prosecution intends to prove against him and of which he would have to clear himself. The charge gives the

accused the basic idea if the case which he is to face. It is a basic principle of law that before summoning a person to face a charge and more particularly when a charge sheet is actually framed, the court concerned must be equipped with at at least prima facie material to show that the person who is sought to be charged is guilty of the offence alleged against him. MEANING: The term charge is defined in section 2(b) of this code. According to this section 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 a warrant case formal framing of the charge is necessary. CONTENTS OF CHARGE: 1. Charge must be framed: the framing of a charge is a vital and important part of a trial. The omission to frame a charge is a serious defect which should be guarded against as in some cases it may be so serious that by itself it would vitiate the trial, prejudice to the accused being taken for granted. The charge must be properly framed. 2. Material to e considered for framing the charge: At the time of the framing of the charge, the court must determine whether the material on record, if unrebutted, is such that on the basis of it conviction is reasonably possible. 3. Name of the accused in charge: The correct name of the accused should be given in charge. But if there is no dispute about the identity of the accused, the mistake of name would not affect the merit of the case. 4. Charge should state the offence: charge should mention the offence which he is alleged to have been committed by the accused and it shall be stated as follows:

a. The name of the offence: if the law which creates the offence gives a specific name, the offence may be described by that name e.g., theft, hurt, etc. offence of abetment may be charged by the name without giving any particular form or manner. b. Definition of offence: if the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated in the charge as may be enough to make the accused understand the case which he has to meet. c. Law and Section: the section and Act have to be mentioned in the charge e.g., Section 379 of IPC. But if the facts are clearly stated nonmention of section is immaterial. 5. Charge of previous conviction: If a person is to be punished with enhanced or with different punishment for subsequent offence due to his previous conviction the charge should state the fact, the place and date of the previous conviction. If the particulars are not given, the appellant court cannot take into consideration the previous conviction in awarding the sentence. 6. Charges for previous and subsequent offence at the same time: The accused is to charged with previous conviction at the same time when he is charged with the subsequent offence. If he is found guilty of that offence he will be tried on the charge of the previous conviction by reason of which he would be liable to enhance punishment. 7. Basis of charge: A charge is to be framed on the basis of the allegations in the complaint, the statements of the witnesses. It is not to be governed by the section given to the complaint, if the facts proved make out an offence, the charge has to be framed. The offence and the section given in the complaint will not be a guiding factor. 8. Presumption from charge: The fact that a charge is made amounts to a statement that every legal conditions required by the law to constitute the offence charged was fulfilled in that particular case. This does not mean that the offence is proved. It means that there is prima facie case.

9. Language of the charge: The charge shall be written in the language of the court. 10.Particulars as to time, place and person: The charge shall contain such particulars as to the time and place of the alleged offence, and the person against whom, or the thing in respect of which, it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged. The charge should also describe the movable property in respect of which the offence alleged to have been committed, and the dates between which the offence alleged to have been committed, without specifying particular items or exact dates and the charge so framed shall be deemed to be a charge of one offence within the meaning of Section 219. CONCLUSION: at any time the courts can alter the charges, with draw the charges and even have a joint trial of the persons accused of same offence committed in course of the same transaction. SHORT NOTES: PROCEDURE FOR COMPELLING THE APPEARANCE OF A PERSON: Section 61 There are three kinds of process to compel appearance of a person in Court: 1. Summons 2. Warrant of arrest 3. Proclamation and attachment 1. Summons:  Summons is a milder form of process issued for enforcing the appearance of the accused or of witnesses and for production of a document or thing.  It should be clear and specified.  It must clearly bear the seal of the court and show the name and address of the person summoned, the place at which, the

date and time when the person summoned is required to appear before the court  It should could the place, time and nature of the offence committed.  The summons can be served by a police officer, any other officer, personally, or by post or substituted service. 2. Warrant of arrest:  Warrant is an order addressed to a person concerned directing him to arrest the accused and to produce him before the court.  The form of warrant shall be in writing, signed by the presiding officer and shall bear the seal of the court.  Warrant shall be valid till executed or cancelled.  It must indicate clear name and address of the accused.  It must state the offence with which the accused is charged.  It should indicate the date of issue.  The issuing court may in its discretion endorse the number of sureties or the amount and the time to attend the court could be stated.  Warrant may be directed to any person i.e., police officer, accused, witnesses, etc., 3. Proclamation and attachment:  If any court has reason to believe that any person against whom an warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish, a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publication of such proclamation.  The proclamation shall be published publicly read in some conspicuous place of the town or village where the person ordinarily resides or affixed in some conspicuous part of the house where he resides or affixed in some conspicuous part of

the court house or the court even publish in a daily newspaper circulating in the place where he resides.  Where at the time of issue of the proclamation, the court is satisfied by an affidavit or otherwise that person about whom the proclamation is to be issued is about to dispose of the whole or any part of his property or is about to remove whole or any part of his property from the local jurisdiction of the court, it may order the attachment of the property simultaneously with the issue of proclamation. 3.(a)DISCUSS THE PROVISIONS OF Cr.P.C. RELATING TO SECURITY FOR KEEPING PEACE AND GOOD BEHAVIOUR. SYNOPSIS: INTODUCTION SECURITY FOR KEEPING THE PEACE ON CONVICTION SECTION 106 SECURITY FOR KEEPING THE PEACE IN OTHER CASES SECTION 107 SECURITY FOR GOOD BEHAVIOUR FROM PERSONS DISSEMINATING SEDITTIOUS MATTERS SECTION 108 SECURITY FOR GOOD BEHAVIOUR FROM SUSPECTED PERSONS SECTION 109 SECURITY FOR GOOD BEHAVIOUR FROM HABITUAL OFFENDERS SECTION 110 CONCLUSION

INTODUCTION: The purpose of an order for security is not to punish but to prevent future commission of offences. There is n o question of bail to the person proceeding against under this chapter because bail is only for continued appearance of a person and not to prevent him from committing certain offences. SECURITY FOR KEEPING THE PEACE ON CONVICTION SECTION 106. This section comes into operation when a person is convicted of an offence. It applies when by reason of the conviction of a person, his past conduct leads to an apprehension for the future. This section makes provision for ordering a person to execute a bond with or without sureties for keeping the peace.  The offences under sub-section 2 are-

 Offences punishable under chapter VIII of the IPC. The offences under section 153A, 153B, Section 154 are not included.  Any offence consisting of or including assault or using criminal force or mischief.  An offence of criminal intimidation  Any other offence which caused or was i8ntened or known to be likely to cause a breach of peace.  When an accused has been acquitted or when he has been convicted but the order for security has not been passed, the appellate court while convicting the accused acquitted or confirming the conviction may pass an order under this section.  It must be remembered that a court can order under section 106 to furnish only bond to keeping the peace. It cannot order to furnish security for good behavior.  The period for the bond is three years but it may be less and it depends upon the discretion of the court to fix the period. SECURITY FOR KEEPING THE PEACE IN OTHER CASES SECTION 107:  When the Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of the opinion that there is sufficient ground for proceeding he may, in the manner herein after require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.  Proceedings under this section shalol taken before the Executive Magistrate. SECURITY FOR GOOD BEHAVIOUR FROM PERSONS DISSEMINATING SEDITTIOUS MATTERS SECTION 108:

 When the executive magistrate receives information that there is within his local jurisdiction any person who with or without such jurisdiction:  (i) either orally or in writing or in any other manner, intentionally disseminates or attempts or abets the dissemination of:  Any matter the publication of which is punishable under Section 124A or Section 153A or Section 153B or Section 295 A of IPC or  Any matter concerning a judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the IPC.  (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sell, let to hire, distributes, publicly exhibits, or in any other manner puts into circulation any obscene matter such as is referred to in Section 292 of IPC.  No proceedings shall be taken under this section against the editor, proprietor, printer, or publisher of any publication registered under and in conformity with, the rules laid down in the Press and Registration of Books Act with reference to any matter contained in such publication except by the order or under the authority of the State government or some officer empowered by the State Government. SECURITY FOR GOOD BEHAVIOUR FROM SUSPECTED PERSONS SECTION 109 This Section seeks to check and control the persons who are likely to commits offences. The conditions precedent for the application of this section, namely  That the person concerned must be taking precaution to conceal his presence and  That there is reason to believe that such person is taking precaution to conceal his presence with a view to committing a cognizable offence. Proceedings under this section cannot be initiated unless both these conditions are present. The Magistrate is expected to make use of them sparingly with utmost care and caution. It is for this reason that discretion is given to the Executive Magistrate who can accept a bond without sureties.

SECURITY FOR GOOD BEHAVIOUR FROM HABITUAL OFFENDERS SECTION 110  The main object of this section is to protect the public against hardened and habitual criminals. experience has shown that persons who indulge in offences of anti-social nature such as drug trafficking, food adulteration, smuggling, hoarding, profiteering, etc deserve greater vigil and control than those committing offences like theft, perjury, etc. these offences have, therefore to be controlled by bounding over the offenders who commit such offences. Theses offences are mentioned in Section 110.  The information received by the Magistrate making an order under section 110 should not be vague and it must indicate that the person to be bound over is really a habitual offender or a dangerous or desperate criminal. Mere use of a bad name to a person in the police report will not be a sufficient ground to proceed against him under this section.

3.(b) EXPLAIN THE MANNER IN WHICH A JUDGEMENT IS TO BE DELIVERED AND WHAT A JUDGEMENT SHOULD CONTAIN. SYNOPSIS: INTRODUCTION AND MEANING METROPOLITIAN MAGISTRATES JUDGEMENT SECTION 355 POST CONVICTION ORDERS COSTS AND COMPENSTATIONS CONTENT AND LANGUAGE SECTION 354

INTRODUCTION AND MEANING: Sections 353 and 365 of the Cr.P.C. lays down the provisions relating to judgment. In every criminal trial, when the court finds the accused guilty, it has to punish the accused in accordance with law after hearing him and if the accused is not found guilty then acquit him. Judgment is the final reasoned decision or sentence of court in a legal proceeding. The judgment in every trial in any Criminal court of original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time of

which notice shall be given to the parties or their pleaders. It is a fundamental rule of criminal jurisprudence that the judge or Magistrate, who hears the evidence should write the judgment. It should contain the points of determination, decision and the reasons for the decision. It shall be dated and signed by the presiding officer in open court. CONTENT AND LANGUAGE: SECTION 354 1. Every judgment shall be written in the language of the court. The state Government determines the language of the court. 2. Every judgment shall contain the points for determination, the decision thereon and the reasons for the decision. 3. Every judgment shall specify the offence if any of which and the section of the IPC or other law under which, the accused is convicted and the punishment to which he is sentenced. 4. If the judgment is one of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty. METROPOLITIAN MAGISTRATES JUDGEMENT SECTION 355: According to Section 355 the judgment given by a Metropolitan Magistrate shall be in an abridge form giving the following particulars only:        

The serial number of the case; The date of the commission of the offence; The name of the complainant if any; The name of the accused person, and his parentage and residence; The offence complained of or proved; The pleas of the accused and his examination (if any); The final order; The date of such order; in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of reasons for the decision.

POST CONVICTION ORDERS:

If the accused is charged for the conviction of the offence he normally passes the appropriate punishment. The Act provides for different types of orders according to the circumstances of the case.  Release on Probation for good behavior: if at the time of conviction, the court should take into consideration the circumstances in which the offence is committed. The court should take regard to the age, character or antecedents of the offender, and the circumstances in which the offence was committed, if the court convicting the accused person considers it expedient to release the offender in probation of good conduct, it may direct:  If the convicted person is below 21 years and the offence is not punishable with death or imprisonment;  If the convicted person is not under 21 years and the offence is punishable with less than 7 years imprisonment and if the conviction is for the first offence he may be ordered to be released on bail with or without sureties, for keeping peace and good behavior  Such release is permissible if there is no previous conviction proved against the offender.  When the person convicted is a woman of any age, or any male person under 21 years of age and the offence is not punishable with death or imprisonment;  Section 360 will not affect the provisions of the probation of offenders Act 1958 and he may be released on admonition which is wider than section 360 of Cr.P.C.  Young offenders: According to section 6 of the Probation of Offenders Act, if the offender is below 21 years and the offence is not punishable with death or imprisonment, unless satisfied it would be desirable to release him on admonition or on probation for good behavior and if sentences him to imprisonment he must record reasons.  Death Sentence: Even in capital offences, the policy of law is to avoid the debatable death penalty, but when it is awarded it shall be done by giving

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special reasons. If death sentences are passed by a session court, it is subject to confirmation from the High court. Sentence of imprisonment: the statute generally prescribes the maximum punishment awardable for an offence and the court is given a liberal way to fix the sentence for imprisonment subject to the maximum and its powers. The powers so exercised by the courts depend on various factors like the magnitude of the offence, motive, age character, circumstances, etc. if person is awarded several punishments the court shall state whether they run concurrently or consecutively. Sentence of fine: when fine is imposed, the court has also to state the imprisonment in default of payment of fine subject to the limits prescribed by law. Costs and Compensation: The court imposing a fine independently or as a part of a sentence passed on conviction may order the whole or any part of the fine to be applied. In defraying expenses property incurred in the prosecution. In payment of compensation or any loss or injury caused by the offence to any person, when compensation is recoverable by filing a civil suit. When death of another person is caused or is abetted in paying compensation under the Fatal Accidents Act. In payment of compensation to a bona fide purchaser of stolen property or property obtained by cheating. Even if fine is not imposed as a sentence on conviction, the court may order the accused to pay compensation to a person who has suffered loss or injury by the act of the accused for which he is convicted. At the time of granting compensation in a subsequent civil suit, this amount paid has to be taken into account. The compensation is not payable is not payable before the appeal time expired or if an appeal is filed until disposal of the appeal. Compensation for frivolous arrest: When a person caused a police officer to arrest a person and the magistrate thinks that it is caused without sufficient cause may award compensation not exceeding Rs.100/-. If more persons than one are

arrested the Magistrate may grant such amount to each one of them. If it is not paid he may be detained in prison for up to 30 days. SHORT NOTES: MAINTENANCE OF WIFE: SECTION 125-128 These sections are very wide when compared to Maintenance section under Hindu Adoptions and Maintenance Act, 1956. These sections provide for speedy, effective and inexpensive and remedy against persons who neglects or refuse to maintain their dependant wives, children and parents. These provisions are in a way, aimed at preventing starvation and vagrancy leading to the commission of crime and are expected to be applicable to persons irrespective of the religions to which they belong or to the personal laws applicable to them. According to section 125(1) the persons entitle to claim maintenance under the circumstances are as follows: 1. Wife: The legally wedded wife who is unable to maintain herself, is entitled to claim maintenance.  She may of any age minor or major.  The extended definition of wife includes a divorced wife.  This provision was extended in the decision of Shah Bano Begum case which in turn resulted in the divorced Muslim wife’s claim and are now governed by Sec125-128 of CrPC by virtue of this decision.  In case of a divorced wife, the divorce may be at any time before 1 April, 1974 could claim maintenance, provided the other necessary conditions are satisfied.  The legality of the marriage would be governed by the personal laws applicable to the parties.  Where the wife lives in adultery or is living separated with her husband by mutual consent, she will not be entitled to maintenance from her husband

 If the wife is qualified to get maintenance, education of the wife cannot act as a disqualification so far as her right to obtain maintenance is concerned.  Section 125 is not being in the nature of criminal proceedings and hence not a complaint the person is not an accused person. This section relates as a summary remedy and has not to do with conjugal rights either. EXPALIN THE PROVISIONS REGARDING THE TRANSFER OF CRIMINAL CASES AS PROVIDED UNDER THE CODE OF CRIMINAL PROCEDURE. SYNOPSIS: INTRODUCTION POWER OF THE SUPREME COURT TO TRANSFER CASES AND APPEALS. POWER OF THE HIGH COURT TO TRANSFER CASES AND APPEALS. POWER OF THE SESSIONS JUDGE TO TRANSFER CASES AND APPEALS. CONCLUSION.

INTRODUCTION: Sections 406 to 416 of the code deal with the transfer of criminal cases. In the interests of the accused and to ensure fair trial, the code confers on the accused a right to have his case transferred, when he is doubtful of fair trial by a particular judge. Independence of courts and impartiality in handling cases are the two attributes of criminal justice administration in order to ensure fair and impartial trial. POWER OF THE SUPREME COURT TO TRANSFER CASES AND APPEALS: (SECTION 406)  supreme court has been vested with wide discretionary powers to transfer a case or appeal from one high court to another or from a Criminal subordinate to one High court to another criminal court of equal or superior courts.  Such transfer from the supreme court may be made by the on the application from the Attorney-General of India or Advocate Geneeral of the

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state or party interested which includes the complainant, the public prosecutor, accused and even the person who loge the FIR. The Supreme Court shall exercise the power to transfer a case if the party interested shows that there are circumstances indicating reasonable apprehensions that fair justice may not be possible in a court dealing with a case or appeal. The Supreme Court can order transfer even without the request of the party if it is convicted that such a step is necessary in the interest of justice. If the Supreme Court feels that there is something more substantial, more compelling, more imperiling from the point of view of public justice is necessary for directing a transfer. Where an application for transfer has been dismissed, and if found to be frivolous or vexatious, the Supreme Court may order the applicant to pay appropriate compensation not exceeding Rs.1,000/- to any person opposing the transfer application.

POWER OF THE HIGH COURT TO TRANSFER CASES AND APPEALS: SECTION 407:  This section empowers a High Court to transfer a case suo motto or when the lower court applies for it or a party so applies to any other court of equal or superior jurisdiction within the state on ay one or more o the following grounds. 1. When fair and impartial inquiry or trial does not seem possible. 2. Possibility of unusual difficulty on a question of law arising in the case is likely. 3. When the transfer is necessary under ay provision of the code of criminal procedure. 4. For general convinced of the parties or witnesses. 5. When transfer is deemed necessary to meet the ends of justice.  Where the parties want a transfer of their case to any other court under this section their application must e accompanied by an affidavit and the public prosecutor should have notice of such transfer at least 24 hours in

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advance. The High court may also order the applicant to execute a bond for the costs of the opposite party. The proceedings if already initiated by the subordinate court when the application for transfer of case is made by a party, need not be stayed at that stage unless the high court orders them to be stayed. The High court while exercising the jurisdiction under this section, may pass any of the following orders regarding the transfer of casesThat any case or appeal to be inquired into or tried by a court which is otherwise competent though not empowered under Section 177 to 185 of the code. That any case or appeal be transferred to another court or the proceedings be stayed. That the case be committed to a court of Session; or That any case or appeal be transferred to High court itself.

POWER OF THE SESSIONS JUDGE TO TRANSFER CASES AND APPEALS; SECTION 108:  Like the High court under section 107, the court of Session may also exercise the power of transfer cases under this section either suo motto or on the report of the Lower Court or an application of a party concerned when it deems it expedient to do so in the interest of justice and fair play. However the power under this section should be judicially and carefully exercised by the session courts.  The provisions contained in sub-sections 3to7 and 9 of Section 407shall be applicable to applications for transfer of cases made to the court of Session with the only difference that the maximum co0mpensation awarded for frivolous or vexatious applicants for transfer will not exceed Rs.250/instead of Rs.1,000/-.  Under this section, a Session Judge cannot transfer a case which is before a Sub-Divisional Executive magistrate or pass any interim order in this regard. Such power has been vested in the District magistrate under Section 411 of the Code.

EXPLAIN THE PROVISIONS RELATING TO THE COMPOUNDING OF OFFENCES SYNOPSIS: INTRODUCTION PROVISIONS RELATED TO COMPOUNDING OF OFFENCES. CONCLUSION.

INTRODUCTION: A crime is essentially a public wrong I,e., an offence against the society or community as a whole. Therefore a compromise between the accused and the individual victim should not be enough to absolve the accused from criminal responsibility. However, where the offences are essentially of a private nature and relatively not quite serious, the Code considers it expedient to recognize some of them as compoundable offences only with the permission of the court and some others as Non-compoundable offences which cannot be compounded even with the permission of the court. According to Section 320 of Criminal Procedure code the offences which may be compoundable are under; 1. Compoundable without the permission of the court S.320(1) 2. Compoundable only with the permission of the court S.320(2) 3. The others as non-compoundable offences.

PROVISIONS RELATED TO COMPOUNDING OF OFFENCES: SECTION 320: 1. When any offence is compoundable under the above provision, the abetment of such offence pr an attempt commit such offence is also compoundable in like manner. 2. When the person who would otherwise be competent to compound an offence as mentioned in the tables given in Section 320(1) and Section 320(2) is under the age of 18 years or is an idiot or lunatic, any person competent to contract on his behalf may, with the permission of the court, compound such offence.

3. When the person who would otherwise be competent to compound an offence is dead, the legal representative of such person may, with the consent of the court, compound such offence. 4. When an accused has been committed for trial or when his appeal against his conviction is pending in an appellate court, the compounding of the offence can be made only with the permission of the court to which the case is committed or the appellate court, as the case may be. 5. The court of revision may, in exercise of its revisional powers, allow any person to compound an offence, if such person is under the above said rules competent to compound such offence. 6. No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhance punishment or to a punishment of a different kind for such offence. CONCLUSION: The composition of the offence according to the above rules shall have the effect of an acquittal of the accused with whom the offence has been compounded. One a petition of a real and genuine compromise is filed, composition is complete and effective, and will have the effect of acquittal though no specific order of acquittal is passed on the petition by the court. The compromise petition on its being filed in court cannot be withdrawn. A case may be compounded at any time before the sentence is pronounced. It is to be borne in mind while granting permission to compound an offence the court should act judicially and should exercise sound and reasonable discretion.

WRITE A SHORT NOTE ON WITHDRAWAL OF CASES BY JUDICIAL MAGISTRATES AND EXECUTIVE MAGISTRATES. Withdrawal of cases by Judicial Magistrate: Section 410: Section 410 discuss about the withdrawal of cases by Judicial Magistrate. Under this section the Chief Judicial Magistrate may withdraw any case from or re-call

any case which he has made over to ay Sub-ordinate Magistrate for the effective exercise of power under this section, it would be expedient that the proceedings before the court where the case is pending should be stayed in appropriate cases. Withdrawal of cases by Executive Magistrate: Section 411: This section empowers a District Magistrate or Sub-Divisional Magistrate to make over or withdraw cases which have been started before him to any sub-ordinate Executive magistrate. Where a case is pending before Sub-Divisional Magistrate, an application for transfer of proceedings cannot be entertained by the Session Judge. The Session Judge is also not authorized to pass any interim order staying the proceedings as only the District Magistrate has been conferred such powers under section 411 of the code. An Executive Magistrate making an order or withdrawal cases or making over of a case has to record reasons for his order as required by section 412 of the code. Not recording of the reason is only a irregularity and is not a sufficient ground for setting aside the order passed, unless it causes prejudice to the opposite party.

SHORT NOTES: EXECUTION OF DEATH SENTENCE: Section 413 deals with case when death sentence was awarded by the Session court. This provision lays down the procedure to be followed when death sentence is passed by the High court in exercise of its appellant or revision jurisdiction. The execution is not possible without the confirmation by the High court. The High Court on such a reference by Session Court may either confirm the sentence or pass another sentence which it deems proper. It may even annul the conviction and order the Session Court to initiate a new trial on the same or amended charge or acquit the accused.

It is only after the confirmation from the court the Court of Session shall issue a warrant in the prescribed form to the officer of jail for the execution of the sentence. Where there is a legal possibility of the offender appealing to the Supreme Court against the sentence of death, the appeal should not be rendered infructuous by prompt execution of the sentence. Appeals to the Supreme Court in such cases are possible under Art 134(1) Or on certificate of fitness granted by the High Court under Art 132 of Art 134(1)(c) or after obtaining special leave from the Supreme Court under Article 136 of the Constititution. Once the Supreme Court entertains an appeal or grants special leave, it would order the stay of execution poof the sentence during the pendency o the appeal proceedings before it. In case of a pregnant woman, if she is sentenced to death, the High court shall order the execution of the sentence to be postponed and may in its discretion commute the sentence to imprisonment for life. When a sentence of death is passed on an escaped convict who is undergoing any sentence when he escaped, such death sentence shall take effect immediately.

NAME:

ARATHY.K.B.

QUALIFICATION:

LL.B., LL.M., M.A. (POLITICAL SCIENCE)

EXPERIENCE:

9 YEARS OF TEACHING EXPERIENCE IN DIFFERENT LAW COLLEGES 2YEARS OF PRACTICE AT LAW IN ALL FIELDS

LL.M DISSERTATION

PROBLEMS OF UNDERTRIALS WITH SPECIAL REFERNECE TO WOMEN IN BANGALORE PRISION.

ARTICLES PUBLISHED

A PERSPECTIVE – TO CHANGE THE INDIAN JAIL REFORMS TOWARDS UNDERTRIALS.