Chapter 3: Criminal Law

Chapter 3: Criminal Law

The law of criminal procedure is meant to be complimentary to criminal law. It is intended to provide a mechanism for the enforcement of criminal law. The Code of Criminal Procedure creates the necessary machinery for apprehending the criminals, investigating the criminal cases, their trials before the criminal courts and imposition of proper punishment on the guilty person.

For the purpose of the Code all offences have been classified into different categories.

Firstly, all offences are divided into two categories –

      i.        cognizable offences and

    ii.        non-cognizable offences.

Secondly, offences are classified into-

      i.        bailable and

    ii.        non-bailable offences.

Thirdly, the Code classifies all criminal cases into-

      i.        summons cases and

    ii.        warrant cases.

The Code enumerates the hierarchy of criminal courts in which different offences can be tried and then it spells out the limits of sentences which such Courts are authorized to pass.

The Code contemplates two types of arrests –

      i.        arrest with a warrant; and

    ii.        arrest without a warrant.

Where a person has been concerned in a non-cognizable offence, he cannot, except in a few cases be arrested without a warrant.

Powers to arrest without a warrant are mainly conferred on the police. The Code envisages the various circumstances under which a police officer may arrest a person without a warrant.

Further, a private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence or who is a proclaimed offender.

Furthermore, the Magistrate has been given power to arrest a person who has committed an offence in his presence and also commit him to custody.

Whether the arrest to be made is with a warrant or without a warrant, it is necessary that in making such an arrest, the police officer or other person making such an arrest actually touches or confines the body of the person to be arrested and such police officer or other person may use all necessary means to effect the arrest if there is forcible resistance.

Persons arrested are to be taken before the Magistrate or officer-in-charge of a police station without unnecessary delay.

Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court, and shall bear the seal of the Court. Such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. Where a warrant remains unexecuted, the Code provides for two remedies-

      i.        issuing a proclamation; and

    ii.        attachment and sale of property.

The main processes for compelling production of things and documents are

a.    summons issued by a court;

b.    warrant order issued by a police officer in charge of a police station;

c.    search and seizure with or without a warrant.

These processes may be used –

      i.        for the investigation, inquiry or trial in respect of an offence; or

    ii.        for any other proceeding generally taken as a preventive or precautionary measure.

Investigations without the order of a Magistrate: In case of a cognizable offence the police officer may conduct investigations without the order of a Magistrate. Investigation includes all proceedings under the Code for the collection of evidence by the police officer or by any person who is authorized by the Magistrate in this behalf.

Any Magistrate of first class and of the second class specially empowered may take cognizance of an offence upon:

      i.        receiving a complaint of facts constituting such offence;

    ii.        a police report of such facts;

   iii.        information received from any person other than police officer;

   iv.        his own knowledge that such offence has been committed.

Summary trial means the “speedy disposal” of cases. By summary cases is meant a case which can be tried and disposed of at once. Generally, it will apply to such offences not punishable with imprisonment for a term exceeding two years. The kinds of offences that can be tried summarily have been stipulated under the Code. In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgement containing a brief statement of the reason for the finding. The concerned Magistrate must sign such record and judgement.