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.