Criminal Procedure- Preliminaries 1

8/3/2019 Criminal Procedure- Preliminaries 1

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Criminal Procedure-

Preliminaries


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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


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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;


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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;


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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.


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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.


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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


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Inquiry sec 2 g

(g)"inquiry" means every inquiry, otherthan a trial, conducted under this Code

by a Magistrate or Court;


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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)


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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;


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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)


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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.


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Points to ponder

Difference between information &

complaint

Inquiry & trial

Criminal Procedure- Preliminaries 1

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