Post on 07-Apr-2018
8/3/2019 Criminal Procedure- Preliminaries 1
1/13
Criminal Procedure-
Preliminaries
8/3/2019 Criminal Procedure- Preliminaries 1
2/13
Basic concepts & definitions
Territorial extent.The Criminal Procedure
(2) extends to the whole of India except the State
of Jammu and Kashmir:
Provided that the provisions of this Code, other
than those relating to chapters VIII, X and XI
thereof, shall not apply
(a) to the State of Nagaland,
(b) to the tribal areas
8/3/2019 Criminal Procedure- Preliminaries 1
3/13
Definitions ( sec 2)
a)"bailable offence" means an offencewhich is shown as bailable in the First
Schedule, or which is made bailable byany other law for the time being inforce; and "non-bailable offence"means any other offence;
8/3/2019 Criminal Procedure- Preliminaries 1
4/13
Sec 2
(c)"cognizable offence" means an offence forwhich, and "cognizable case" means a casein which, a police officer may, in accordance
with the First Schedule or under any otherlaw for the time being in force, arrest withoutwarrant;l)"non-cognizable offence" means an offence
for which, and "non-cognizable case" meansa case in which, a police officer has noauthority to arrest without warrant;
8/3/2019 Criminal Procedure- Preliminaries 1
5/13
COO & NCO Rationale of divisions
Seriousness criteria3yrs of imprisonment
Many offences with 3yrs of punishment
not Cos. Many offences with less than 3yrs of
punishment are Cos.
8/3/2019 Criminal Procedure- Preliminaries 1
6/13
Sec 2
d)"complaint" means any allegationmade orally or in writing to aMagistrate, with a view to his taking
action under this Code, that someperson, whether known or unknown,has committed an offence, but does
not include a police report.
8/3/2019 Criminal Procedure- Preliminaries 1
7/13
Complaint:ingredients
Oral or written
Of some person committing an offence
Made to Magistrate
Prompting to take some action
Bhimappa v. Laxaman 1970 SC
A report by police office after investigation discloses thecommission of a NCO; it shall be deemed to be aComplaint
8/3/2019 Criminal Procedure- Preliminaries 1
8/13
Inquiry sec 2 g
(g)"inquiry" means every inquiry, otherthan a trial, conducted under this Code
by a Magistrate or Court;
8/3/2019 Criminal Procedure- Preliminaries 1
9/13
Sec 2
(h)"investigation" includes all theproceedings under this Code for thecollection of evidence conducted by a
police officer or by any person (otherthan a Magistrate) who is authorized bya Magistrate in this behalf;
(except maintenance proceedingsChapter IX Anil kumar Jha v. state ofBihar 1992)
8/3/2019 Criminal Procedure- Preliminaries 1
10/13
Sec 2
r ) " police report" means a report forwardedby a police officer to a Magistrate undersub-section (2) of section 173;
(w)"summons-case" means a case relatingto an offence, and not being a warrant-case;
(x)"warrant-case" means a case relating toan offence punishable with death,imprisonment for life or imprisonment for aterm exceeding two years;
8/3/2019 Criminal Procedure- Preliminaries 1
11/13
Sec 2. w,x
( chapters XIX, XX)
Summon in summon case
Summon in warrant case
A summon case can be tried as warrantcase in the interest of justice and the vice
versa. ( Kishori lal v. Mahadeo 1993)
8/3/2019 Criminal Procedure- Preliminaries 1
12/13
4.Trial of offences under the Indian
Penal Code and other laws
(1) All offences under the Indian Penal Code(45 of 1860)shall be investigated, inquired into, tried, and otherwisedealt with according to the provisions hereinaftercontained.
2) All offences under any other law shall be investigated,inquired into, tried, and otherwise dealtwith according to the same provisions, but subject to anyenactment for the time being in force
regulating the manner or place of investigating, inquiringinto, trying or otherwise dealing withsuch offences.
8/3/2019 Criminal Procedure- Preliminaries 1
13/13
Points to ponder
Difference between information &
complaint
Inquiry & trial