Taxmann's Jurisprudence Interpretation & General Laws (JIGL) | TEXTBOOK

CONTENTS

Topic-wise Marks Distribution I-7

Chapter 1 Sources of Law 1.1

Chapter 2 Constitution of India 2.1

Chapter 3

Interpretation of Statutes 3.1

Chapter 4 General Clauses Act, 1897 4.1

Chapter 5 Administrative Law 5.1

Chapter 6 Law of Torts 6.1

Chapter 7 The Limitation Act, 1963 7.1

Chapter 8 Code of Civil Procedure, 1908 8.1

Chapter 9 Indian Penal Code, 1860 9.1

Chapter 10 Code of Criminal Procedure, 1973 10.1

Chapter 11 Indian Evidence Act, 1872 11.1

Chapter 12

Special Courts, Tribunals under the Companies Act & Other Legislations 12.1

Chapter 13

Arbitration & Conciliation Act, 1996 13.1

Chapter 14

Indian Stamp Act, 1899 14.1

Chapter 15

Registration Act, 1908 15.1

Chapter 16

Right to Information Act, 2005 16.1

Chapter 17

Information Technology Act, 2000 17.1

Solved Paper : December 2021 (Suggested Answers) P.1

Solved Paper : June 2022 (Suggested Answers) P.13

Introduction: The Code of Criminal Procedure, 1973 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.

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 of Criminal Procedure, 1973 is applicable to all criminal proceedings.

IMPORTANT TERMS

Offence [Section 2(n)]

Offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a compliant may made under Section 20 of Cattle Trespass Act, 1871.

Further, if any person omits to do a particular thing or procedure or act, then also he had said to be committed an offence.

In second category compliant made u/s 20 of Cattle Trespass Act, 1871, forms an offence.

1860 which states that “offence” denotes a thing made punishable by the Code. An offence is what the legislature classes as punishable.

Mens Rea

Bailable Offence [Section 2(a)]

Bailable offence means an offence which is –shown as bailable in the First Schedule or - made bailable by any other law for the time being in force.

Non-bailable offence means any offence other than bailable offence. Bail means the release of the accused from the custody of the officers of law and entrusting the charge at the stipulated time or date.

Cognizable Offence [Section 2(c)]

Non-Cognizable Offence [Section 2(l)]

Cognizable offence means an offence for which a police officer may arrest without warrant –- In accordance with the First Schedule or

Under any other law for the time being in force.

Complaint [Section 2(d)] Code of Criminal Procedure, 1973

Non-cognizable offence means an offence for which a police officer has authority to arrest with warrant.

Investigation

Explanation:

the commission of a non-cognizable offence, the same is deemed to be a complaint and the police officer by whom such a report is made is deemed to be the complaint.

A complaint in a criminal case is what a plaint is in a civil case.

Only allegation made orally or in writing would constitute a complaint, if the following four conditions are satisfied.

It must be made to Magistrate (and not to a Judge)

Such action must be under this code.

It must allege the commission of an offence.

There is no particular format of a complaint. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprit be suitably dealt with is a complaint. [Mohd. Yousuf Afaq Jahan]

[Section 2(h)] police officer or by any person who is authorized by a Magistrate in this behalf.

Inquiry [Section 2(g)]

Different stages of a criminal trial

opinion that an offence has been committed. He sends the case to a Magistrate.

(2) In second stage, the Magistrate inquires into the case. If prima facie no case is made out, he dismisses the complaint or discharges the accused. If the Magistrate is of contrary opinion, he frames a charge, and calls upon the accused to plead to the same.

case himself, or commit it for trial to the Court of Session or the High Court, as the case may be.

Distinction between: Investigation & Inquiry Points Investigation Inquiry

By whom

officer or by any person who is authorized by a magistrate in this behalf.

What is Done

Aim

Judicial/ nonjudicial Judicial Proceeding [Section 2(i)]

Pleader [Section 2(q)]

trial conducted by a Magistrate or a Court.

Inquiry beings with interrogation.

An inquiry aims at determining the truth or falsify of certain facts.

With reference to any proceedings in any Court, it means a person authorized by or under any law for the time being in force, to practice in such Court and includes any other person appointed with the permission of the Court to act in such proceeding.

Court will also be included.

Public Prosecutor [Section 2(u)]

Summons Case [Section 2(w)]

Warrant Case [Section 2(x)]

Summons-case means a case relating to an offence, and not being a warrant-case.

Warrant-case means a case relating to an offence punishable with –death, - imprisonment for life or

Distinction between: Bailable Offence & Non-bailable Offence

Points

Bailable Offence

Meaning A bailable offence is an offence which is shown as bailable in First Schedule to the Code or which is made bailable by any other law.

Example First Schedule to the Code of Criminal

Non-bailable Offence

A non-bailable offence means offence other than bailable offence.

for instance: Rioting, Being a member of an un-lawful assembly, Bribery so on. Murder, Culpable homicide, Counterfeiting coins etc.

Seriousness Bailable offences are less serious. Non-bailable offences are more serious. Cognizable/ Non-Cognizable Bailable offences are generally noncognizable Non-bailable offences are generally cognizable

IPC

If an offence which is punishable with imprisonment for less than 3 years or with fine only, it is bailable.

A Non-Bailable offence is one which is punishable with a death penalty or life imprisonment for 3 years or more.

Arrest with warrant. without warrant.

Distinction between: Non-cognizable offence & Cognizable offence Points Non-cognizable offence

Cognizable offence

Meaning Non-cognizable offence means an offence for warrant. Cognizable offence means an offence for which a police officer may arrest without warrant.

Cognizable/NonCognizable Non-cognizable offences are generally bailable

Seriousness Non-cognizable offences are less serious.

Cognizable offences are generally nonbailable

Cognizable offences are more serious.

Arrest by Police Officer with warrant without warrant

Distinction between: Warrant Case & Summons Case

Points

Warrant Case Summons Case

Meaning Warrant-case means a case relating to an offence punishable with death,

Summons case means relating to an offence, and not being a warrant-case.

imprisonment for life or years.

Framing of charge Charge is to be framed. No charge need be framed.

Conviction After the charge is framed, if the accused accused, if he pleads guilty.

Discharge/release Magistrate cannot discharge the accused if the complainant does not appear. Accused may be released if the complainant does not appear.

Consent for withdrawn With the consent of the Court, the compliant can withdraw the remaining charges if the With the permission of the Magistrate, the compliant can withdraw his compliant.

Conversion summons case. warrant case.

PAST EXAMINATION QUESTIONS

Question 1: Explain the term ‘offence’ under the Code of Criminal Procedure, 1973. [June 2005 (6 Marks)]

Hint: Refer to Section 2(n) of the Code of Criminal Procedure, 1973.

Question 2: A alleges that B has committed some offences. The majority of them are non-cognizable. The station house officer of the police station wants to treat the case as cognizable. Can this be challenged? [Dec 1990 (5 Marks)]

Hint: In order to be a cognizable case it would be enough if one or more (not ordinarily all of the offences) are cognizable. Hence such case will be treated as cognizable case. Thus, the station house officer’s stand is correct and cannot be challenged.

Question 3: Explain the terms ‘investigation’, & ‘inquiry’ and ‘trial’ in a criminal case under the Code of Criminal Procedure, 1973. [Dec 2003 (6 Marks)]

Hint: Refer Topic ‘investigation’, & ‘inquiry’ and ‘trial’.

Question 4: Distinguish between: Investigation & Inquiry [Dec 2007 (4 Marks)], [Dec 2008 (4 Marks)]

Hint: Refer Topic Distinction between: Investigation & Inquiry.

Question 5: Distinguish between: Pleader and Public Prosecutor [Dec 2006 (4 Marks)]

Hint: Refer to Section 2(q) and Section 2(u) of the Code of Criminal Procedure, 1973.

Question 6: Distinguish between: Bailable offence & Non-bailable offence. [Dec 1991 (5 Marks)], [June 2010 (4 Marks)]

Hint: Refer Topic Distinction between Bailable Offence & Non-bailable Offence.

Question 7: Distinguish between: Cognizable Offence & Non-Cognizable Offence [Dec 2003 (4 Marks)], [June 2007 (4 Marks)] [Dec 2008 (8 Marks)], [June 2011 (4 Marks)] [June 2019 (4 Marks)]

Hint: Refer Topic Distinction between Non-cognizable offence & Cognizable offence.

Question 8: Distinguish between: Warrant Case & Summons Case [June 1998 (4 Marks)], [Dec 2006 (4 Marks)] [June 2010 (4 Marks)]

Hint: Refer Topic Distinction between Warrant Case & Summons Case.

QUESTIONS FOR PRACTICE

Question 1: Define the term ‘Bailable Offence’ as per the Code of Criminal Procedure, 1973.

Hint: Refer to Section 2(a) of the Code of Criminal Procedure, 1973.

Question 2: Define the term ‘Cognizable Offence’ as per Code of Criminal Procedure, 1973.

Hint: Refer to Section 2(c) of the Code of Criminal Procedure, 1973.

Question 3: Write a short note on: Complaint

Hint: Refer to Section 2(d) of the Code of Criminal Procedure, 1973.

Question 4: Define the term ‘judicial proceeding’ as per the Code of Criminal Procedure, 1973.

Hint: Refer to Section 2(i) of the Code of Criminal Procedure, 1973.

Question 5: Define the terms ‘Summons Case’ & ‘Warrant Case’ as per the Code of Criminal Procedure, 1973.

Hint: Refer to Section 2(w) and Section 2(x) of the Code of Criminal Procedure, 1973.

POWER OF COURTS TO PASS SENTENCE & PROVISIONS RELATING TO ARREST

Power of court to pass sentence

Following are the powers of Court to pass sentence: Section Court/Magistrate Sentence that can be passed

Section 28 High Court

Can pass any sentence authorized by law.

Session Judge or Additional Session Judge Can pass any sentence authorized by law. Court.

Assistant Session Judge Can pass sentence for term up to 10 years imprisonment.

Section 29 Chief Judicial Magistrate Can pass sentence for term up to 7 years imprisonment.

Magistrate of First Class

Can pass sentence for term up to 3 years imprisonment or Fine up to ` 10,000 or Both

Magistrate of Second Class

Can pass sentence for term up to 1 year imprisonment or Fine up to ` 5,000 or Both

Chief Metropolitan Magistrate

Magistrate of First Class and Magistrate of Second Class.

Example: Lalit Lokhande is charged for murder of Prem Chopra. The charge sheet is filed in the Court of Chief Judicial Magistrate, who passed an order of sentence of imprisonment for life.

can file appeal against the order of the Chief Judicial Magistrate. Sentence of imprisonment in default of fine [Section 30]

The Court of a Magistrate may award additional imprisonment in default of payment of fine. 1/4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence.

When police may arrest without warrant [Section 41]

Example: A Magistrate of the First Class passes a sentence of imprisonment for a term of 3 years with a fine of ` 10,000, and in case of failure to pay the fine, to serve an additional imprisonment for another 1 year. The convict feels aggrieved by the sentence. Can he prefer an appeal against the judgment?

st Class: or

Fine up to ` 10,000 or Both

th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence. In present case, the Judicial Magistrate of the First Class can inflict sentence of imprisonment additional imprisonment which can be awarded in default of payment of fine cannot be th

[36 month × 1/4 = 9 months]

Any police officer may without an order from a Magistrate and without a warrant, arrest any person –

(a) Who has been concerned in any cognizable offence or against whom a reasonable (b (c

(d) In whose possession anything is found which may reasonably be suspected to be with reference to such thing.

(e or attempts to escape, from lawful custody.

(f) Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.

(g) Who has been concerned in, or against whom a reasonable complaint has been detained in custody in India.

(h (i and the offence or other cause for which the arrest is to be made and it appears there issued the requisition.

Example: A requisition was received by the sub-inspector of a police station from another police station to arrest Sameer in connection with the commission of a noncognizable offence. Can the sub-inspector arrest Sameer?

10.7

station only when the offence in connection with which arrest is required to be made is such for which that person can be lawfully arrested without a warrant. In this case, arrest is required to be made in connection with a non-cognizable (i.e. bailable) offence for which warrant is necessary. Hence, Sameer cannot be lawfully arrested without a warrant. Therefore, the sub-inspector cannot arrest Sameer as per the requisition alone. Arrest on refusal to give name and residence

[Section 42]

When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence (bailable offence) refuses, on demand of such officer,

may be ascertained. Arrest by a private person and procedure on such arrest [Section 43] or cognizable offence, or any person who is proclaimed offender. or to the nearest police station. once released.

Arrest by Magistrate [Section 44]

Arrest how made [Section 46]

The Magistrate has power to arrest a person who has committed an offence in his presence and commit the offender to custody.

The Magistrate has power to arrest a person for which he is competent and has also been authorized to issue a warrant.

or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

such police officer or other person may use all means necessary to effect the arrest.

offence punishable with death sentence or life imprisonment. Important points relating to arrest

person before the Magistrate within 24 hours 15 days 60 days [Section 58]

bail or under the special order of a Magistrate. [Section 59]

If a person in lawful custody escapes or is rescued, the person, from whose custody he escaped or was rescued, is empowered to pursue and arrest him in any place in the person sought to be arrested.

PAST EXAMINATION QUESTIONS

Question 1: Discuss the powers of various courts under the Code of Criminal Procedure, 1973. [Dec 2009 (5 Marks)]

Hint: Refer to Sections 28 & 29 of the Code of Criminal Procedure, 1973.

Question 2: Angad is charged for murder of Binod. The charge sheet is filed in the Court of Chief Judicial Magistrate, who passed an order of sentence of imprisonment for life. Angad engages you as an advocate. Advise the course of action to Angad giving reasons. [June 2008 (4 Marks)], [Dec 2010 (5 Marks)]

Hint: pass sentence for term up to 7 years imprisonment. Hence, Angad can file appeal against the order of the Chief Judicial Magistrate.

Question 3: A Magistrate of the First Class passes a sentence of imprisonment for a term of 3 years with a fine of ` 10,000 and in lieu of non-payment thereof, an additional imprisonment for another 1 year. The convict feels aggrieved by the sentence.

(i) Has the convict any right to appeal against this sentence?

(ii) Will the situation change, if the sentence is passed by the Court of a Chief Judicial Magistrate? Give reasons in support of your answer. [Dec 2006 (5 Marks)], [Dec 2010 (6 Marks)]

Hint: Fine up to ` Both of imprisonment which the Magistrate is competent to inflict as punishment for the offence.

th

(ii) Yes, situation will change, if the sentence is passed by the Court of a Chief Judicial Magistrate, order will th of 7 years, i.e. 21 months.

Question 4: Describe various categories of cases in which a police officer may arrest a person without an order from a magistrate and without warrant. [Dec 1994 (8 Marks), June 2003 (8 Marks)]

Hint: Refer to Section 41 of the Code of Criminal Procedure, 1973.

Question 5: Enumerate any four categories of cases in which a police officer may arrest a person without an order from magistrate and without a warrant under section 41 of Cr.P.C., 1973. [Dec 2019 (4 Marks)]

Hint: Refer to Section 41 of the Code of Criminal Procedure, 1973.

QUESTIONS FOR PRACTICE

Question 1: Can Magistrate award imprisonment in default of payment of fine under the Code of Criminal Procedure, 1973?

Hint: Refer to Section 30 of the Code of Criminal Procedure, 1973.

Question 2: Can a person accused of committing a bailable offence be arrested if he refuses to give name and residence?

Hint: Refer to Section 42 of the Code of Criminal Procedure, 1973.

Question 3: Discuss in brief, the provisions relating to arrest by private persons.

Hint: Refer to Section 43 of the Code of Criminal Procedure, 1973.

Question 4: Write short notes on: Arrest by Magistrate

Hint: Refer to Section 44 of the Code of Criminal Procedure, 1973.

Question 5: Discuss briefly how arrest can be made under the provisions of the Code of Criminal Procedure, 1973.

Hint: Refer to Section 46 of the Code of Criminal Procedure, 1973.

Requirements of valid summon [Section 61]

SUMMON & WARRANT

A Summon is a form of process issued by a Court, calling upon a person to appear before Magistrate, or to produce a document or thing.

Requirements of valid summon:

It must be in writing.

It must be in duplicate.

It is to be noted that a Summons should be clear and specific in its terms, as to the description of the Court, the place, date and time at which the person Summoned is to attend.

Service of summons

[Section 62]

Service of summons on corporate bodies and societies [Section 63]

a receipt on the other copy.

manager or other principal officer of the corporation, or by letter sent by registered post,

Explanation: “Corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860.

Service of summons when person doesn’t found

[Section 64]

When the person who is summoned is not found after due diligence, the summons may be adult male member of his family residing with purpose of acceptance of summons. Substituted service [Section 65] of the house of homestead in which person summoned ordinarily resides.

manner as it may consider proper. Service on Government [Section 66]

the summons shall ordinarily sent it in duplicate to the head of the office in which such person is employed.

by Section 62, and shall return it to the Court under his signature with the endorsement

Warrant of arrest [Section 70]

The issue of a warrant is a more drastic step than the issue of a summons. Ordinarily, a

A warrant is an order to a police officer or other person to arrest a person.

Requirements of valid warrant of arrest: It must be in writing.

It must state the offence charged.

It must be sealed.

Person arrested to be brought before Court without delay [Section 76] Court.

Distinction between: Summons & Warrants Points Summons Warrants

Meaning

A Summons is a form of process issued by a Court, calling upon a person to appear before Magistrate, or to produce a document or thing.

A warrant is an order to a police officer or other person to arrest a person.

Absconding to evade service not punishable. 1860.

Substituted service warrant. Step

Issue of a warrant is a more drastic step than the issue of a summons.

Proclamation for person absconding [Section 82]

against whom a warrant has been issued by it has absconded or is concealing himself so that of publishing such proclamation.

Attachment of property of person absconding [Section 83]

When searchwarrant may be issued [Section 93]

The Court issuing a proclamation u/s 82 may, for reasons to be recorded in writing, at any

The object of attaching property is not to punish him but to compel his appearance.

Sometimes it is necessary that a person should produce a document or other thing which

Search for persons wrongfully confined [Section 97]

A search warrant can be issued in the following three cases:

order is addressed will not produce document or thing as required by summons or requisition.

person.

The person to whom such warrant is directed may search or inspect in accordance with search warrant.

A search warrant shall not be issued for searching a document, parcel or other thing in the custody of the postal or telegraph authority by a Magistrate other than a District Magistrate or Chief Judicial Magistrate.

Bankers Books Evidence Act, 1981.

amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined.

order as in the circumstances of the case seems proper.

PAST EXAMINATION QUESTIONS

Question 1: Distinguish between: Summons & Warrants [Dec 1991 (5 marks)], [Dec 2003 (4 Marks)]

Hint: Refer Topic Distinguish between Summons & Warrants.

Question 2: Describe in brief the cases in which a Search Warrant can be issued under Section 93 in the Criminal Procedure Code, 1973. [Dec 2019 (4 Marks)]

Hint: Refer Topic Section 93 of the Code of Criminal Procedure, 1973.

QUESTIONS FOR PRACTICE

Question 1: What do you understand by ‘Summon’? What the requirements of valid summon?

Hint: Refer to Section 61 of the Code of Criminal Procedure, 1973.

Question 2: How the summon is served if the person who is summoned is not found after due diligence?

Hint: Refer to Section 64 of the Code of Criminal Procedure, 1973.

Question 3: Write a short note on: Substituted service of Summon

Hint: Refer to Section 65 of the Code of Criminal Procedure, 1973.

Question 4: Write short note on: Warrant of arrest

Hint: Refer to Section 70 of the Code of Criminal Procedure, 1973.

Question 5: What are the remedies provided under the Code of Criminal Procedure, 1973 when a warrant remains unexecuted?

Hint: When a warrant remains unexecuted, the Code of Criminal Procedure, 1973 provides following two remedies:

(1) Proclamation for person absconding [Section 82]

(2) Attachment of property of person absconding [Section 83].

Question 6: Write short note on: Search Warrant

Hint: Refer to Section 93 of the Code of Criminal Procedure, 1973.

Question 7: Write a short note on: Search for persons wrongfully confined

Hint: Refer to Section 97 of the Code of Criminal Procedure, 1973.

SECURITY FOR PEACE & GOOD BEHAVIOUR AND MAINTENANCE OF PUBLIC ORDER & TRANQUILITY

Security for keeping the peace who are a danger to the public by reason of the commission of certain offences by them. breach of the peace.

Security for keeping the peace on conviction [Section 106] the specified offences or of abetting any such offence and is of opinion that it is necessary to

If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

Specified Offences: Specified offences are as follows:

(a

(b) Any offence which consists of or includes, assault or using criminal force or committing mischief.

(c) Any offence of criminal intimidation.

(d breach of the peace.

Security for keeping the peace in other cases [Section 107]

(a) Commit a breach of peace or

(b) Disturb the public tranquility or

(c) Do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquility not exceeding 1 year as the Magistrate deem fit.

Example: An Executive Magistrate receives information that Chanchal is likely to do a wrongful act that may probably occasion a breach of peace or disturb the public tranquility. Whether he can require Chanchal to show cause why he should not be ordered to execute a bond for keeping the peace for a period of 3 years.

(a) Commit a breach of offence

(b) Disturb the public tranquility

(c tranquility

Commencement of period for which security is required

[Section 119]

1 year, as the Magistrate deem fit.

Thus, Executive Magistrate cannot issue order asking Chanchal to execute a bond for keeping the peace for a period of 3 years.

If any person, in respect of whom an order requiring security is made u/s 106 or 117, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the

In other cases such period shall commence on the date of such order unless the Magistrate,

Example: A is awarded punishment of rigorous imprisonment for 2 years by a Judicial Magistrate. A is also asked to execute security bond for keeping peace for 2 years. After undergoing this sentence. A submits an application of prayer for his release on the ground that he has already suffered imprisonment for 2 years. Will A succeed?

whom an order requiring security is made, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required

As per facts given in case, the period of security shall commence on the day the sentence expires and hence A will not succeed.

Dispersal of assembly by use of civil force [Section 129] thereupon the duty of the members of such assembly to disperse accordingly.

assembly by force. Use of armed forces to disperse assembly [Section 130] Protection against prosecution for acts done u/s 129 or 130 [Section 132]

Conditional order for removal of nuisance [Section 133]

No prosecution shall be instituted against any persons for any act purporting to be done in any other case.

Following public nuisances which can be proceeded against:

in the public interest. For the applicability of Clause (1 way which is being obstructed.

No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Power to issue order in urgent cases of nuisance or apprehended danger [Section 144]

Example: Some persons are carrying trade of auctioning of vegetables in a private house. The persons who brought vegetables for sale kept their carts in public road where they caused obstruction to traffic. The noise caused by auctioning caused discomfort to the person living in the locality. An order was passed under section 133 of the Code of Criminal Procedure, 1973 restraining auctions of vegetables in their private house. Is order justified? Answer giving reasons.

Ram Avatar State of U. P., in which Supreme Court some amount of noise had to be borne by the public.

respect to certain property in his possession or under his management, if such Magistrate

disturbance of the public tranquility, or an affray.

An order under this Section may be passed ex parte in cases of emergency or in cases where whom the order is directed. An order under this Section can remain in force for two months, if it considers necessary.

Affray = An instance of group fighting in a public place that disturbs the peace.

Example: A temple is located in City X. Large numbers of pilgrims are visiting to temple. A Magistrate passed an order under Section 144 of the Code of Criminal Procedure, 1973 to widen and heighten the doorway of a temple with a view to prevent the dangers arising from overcrowding. Is order justified? Answer giving reasons.

As per

PAST EXAMINATION QUESTIONS

Question 1: A tenant had abandoned the disputed house before his death but possession of the said house was not handed over to the landlord. The heirs of the deceased tenant had not paid rent but they had locked the house. The Sub-Divisional Magistrate issued an order under Section 144 of the Code of Criminal Procedure, 1973 to unlock the house. The heirs of the deceased tenant resist the order of the Sub-Divisional Magistrate. Will they succeed? What will be your answer, if the said house is in a dilapidated condition and is likely to endanger human life, health or safety? [June 2006 (6 Marks)]

Hint: As per public tranquility, or an affray.

as to be potential danger to human life, and not otherwise. The heirs will succeed in resisting the order only if the house is not in danger to public.

Question 2: The Sub-Divisional Magistrate at the instance of officer in-charge of police station passed an order under Section 144 of the Code of Criminal Procedure, 1973 by which petitioner’s Puja Committee and others were prohibited from taking out immersion procession of statue of Goddess Durga and passing in front of two Mosques in the village concerned playing music on Vijayadashmi day. Members of Hindu community agitate the order as such order amounts to interference in their legal exercise of customary and religious right. Whether the order passed by the Sub Divisional Magistrate is valid? Give reasons in support of your answer. [Dec 2007 (5 Marks)]

Hint: public tranquility, or an affray. disturbance to public, especially public coming to the mosques.

QUESTIONS FOR PRACTICE

Question 1: What are the provisions under the Code of Criminal Procedure, 1973 for keeping the peace and good behaviour?

Hint: Refer to Sections 106 & 107 of the Code of Criminal Procedure, 1973.

Question 2: What are the provisions of the Code of Criminal Procedure, 1973 for ‘dispersal of assembly’?

Hint: Refer to Sections 129, 130 & 132 of the Code of Criminal Procedure, 1973.

Question 3: What are the provisions of the Code of Criminal Procedure, 1973 relating to ‘public nuisances’?

Hint: Refer to Section 133 of the Code of Criminal Procedure, 1973.

PREVENTIVE ACTIONS OF POLICE, INFORMATION TO POLICE & POWER TO INVESTIGATE Powers of the police to take preventive action [Section 149 to 152]

Police to prevent cognizable offence [Section 149]:

Information of design to commit cognizable offence [Section 150]: immediately pass on the same to his superior authority or any officer whose duty is to

Arrest to prevent the commission of cognizable offence [Section 151]: A police officer can arrest any person designing to commit cognizance offence without a warrant. Any one period of detention under any law. Prevention of injury to public property [Section 152]: A police officer, on his own, can

Example: Baman comes to know that Anil intends to shoot Charan next day in a public garden at 8 a.m. Thereupon Baman informs police about it. The following day Anil is arrested by the police in the same public garden a few minutes before 8 a.m. and on being searched a full loaded pistol is found in his possession. Discuss the legality of arrest of Anil by the police.

i.e. non-bailable).

(i.e. non-bailable).

by the police officer was reliable and the action of arrest without order from Magistrate or without warrant is legal.

Example: A police officer has come to know that certain persons sitting in a house equipped with arms are planning to commit a dacoity. The police officer approaches the house and arrests all the persons without getting any order from the Magistrate and without any warrant. Examine the validity of their arrest.

commission of any cognizable offence (i.e. non-bailable).

A police officer can arrest any person designing to commit cognizance offence without a

The person so arrested by the police officer cannot be detained in custody for a period

which is reduced into writing.

Object of the FIR: to record the circumstances before there is time for them to be forgotten or embellished.

Importance: Refusal of FIR by Police Officer: in charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned.

If Superintendent satisfies that such information discloses the commission of a cognizable any police officer subordinate to him. u/s 200.

Information in cognizable cases (First Information Report) 154]

Example: Ajit went to a police station to lodge a First Information Report (FIR) against Birsa for cognizable offence but the officer in-charge of police station refuses to record the FIR. What is your advice to Ajit for further action?

a refusal on the part of an officer in-charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned.

satisfies that such information discloses the commission of a cognizable offence, he shall subordinate to him in the prescribed manner. It will also be treated as FIR.

Distinction between: Complaint & FIR Points Complaint

First Information Report

Meaning A compliant is an allegation made orally or in writing to a Magistrate. to a police officer. Cognizance offence on a complaint. offence on FIR. Who can authorized under law under certain circumstances.

Information as to non-cognizable cases and investigation of such cases [Section 155] informant to the Magistrate.

Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case.

Example: An information is given to the in-charge of police station against Rahul, a small trader, that he has committed a non-cognizable offence of fraudulent use of false weights and measures. The in-charge of police station, after entering the substance of the information in the Daily Diary kept at the police station, commences investigation without the order of the Magistrate. Rahul objects to this action of the police. Will the objection of Rahul be sustained?

police officer of the commission of a non-cognizable offence, he shall enter the substance

Police officer’s power to investigate cognizable cases [Section 156]

Procedure for investigations

[Section 157]

Report how submitted

A ‘First Information Report’ (FIR) was lodged against Murari. It was alleged that he committed five offence – four non-cognizable and one cognizable. The police registered the case and started investigation without the order of a Magistrate. Can Murari challenge the validity of the investigation? Where a case relating to two or more offence of which at least one is cognizable, the case non-cognizable.

to suspect the commission of an offence, he shall forthwith send a report of the same to a Magistrate and shall proceed in person, or shall depute one of his subordinate officers,

[Section 158] instructions on report, transmit the same without delay to the Magistrate.

PAST EXAMINATION QUESTIONS

Question 1: What preventive measures can taken by the police under the Code of Criminal Procedure, 1973? [June 1994 (7 Marks)]

Hint: Refer to Sections 149 to 152 of the Code of Criminal Procedure, 1973.

Question 2: Sumesh, a sub-inspector of police, comes to know from a secret source that 5 persons, staying in a house with deadly weapons in Kanpur, are planning to commit murder of Gabbar, a resident of a nearby house. Sumesh apprehends that those 5 persons will commit the crime at any moment. Sumesh, sub-inspector of police, goes to that house where those 5 persons were staying and arrests them along with weapons in their possession, without any warrant or order from the Magistrate. Is the arrest of all the 5 persons valid? Give reasons. [Dec 2006 (5 Marks)]

Hint: (i.e. non-bailable).

A police officer can arrest any person designing to commit cognizance offence without a warrant if it appears to

Question 3: Distinguish between: Complaint & FIR [Dec 2000 (4 Marks)], [June 2009 (8 Marks)]

Hint: Refer Topic Distinction between Complaint & FIR.

Question 4: Mr. Aanand goes to the police station and informs about the commission of a cognizable offence. What would be the duties of a police officer? [June 1991(5 Marks)], [June 1994 (5 Marks)]

Hint: Sections 154 and 157 deals with the duties of a police officer with regard to information about the commission of a cognizable offence.

Question 5: A first information report is lodged against Krook for committing one cognizable and three non-cognizable offences. Can the police conduct investigation in respect of all the four offences without an order from the Magistrate? [June 1994 (5 Marks)], [Dec 2000 (5 Marks)]

Hint: Where a case relating to two or more offence of which at least one is cognizable, the case shall be deemed in respect of all the offences without the order of a Magistrate.

Question 6: Discuss the provisions relating to information to the police and their power to investigate in cognizable and non-cognizable cases under the Criminal Procedure Code 1973. [Dec 2019 (4 Marks)]

Hint: Refer to Section 154, 155 & 156 of the Code of Criminal Procedure, 1973.

QUESTIONS FOR PRACTICE

Question 1: What is First Information Report (FIR)? What is its object & importance at the trial?

Hint: Refer to Section 154 of the Code of Criminal Procedure, 1973.

Question 2: State the provisions relating to investigation of non-cognizable cases under the Code of Criminal Procedure, 1973.

Hint: Refer to Section 155 of the Code of Criminal Procedure, 1973.

POWER OF MAGISTRATE & LIMITATION PERIOD FOR TAKING COGNIZANCE

Cognizance of offences by Magistrates [Section 190]

Any Magistrate of the First Class, and any Magistrate of the Second Class specially empowered (a (b (c

cognizance of such offences as are within his competence to inquire into or try. Cognizance of offences by Courts of Session [Section 193] unless the case has been committed to it by a Magistrate under the Code.

Bar to taking cognizance after lapse of the period of limitation [Section 468]

Types of offence

If the offence is punishable with fine only.

Period of limitation

6 months

If the offence is punishable with imprisonment up to 1 year. 1 year

Example: X commits an offence by causing injury to Y, punishable under Section 323 of the Indian Penal Code, for a term of 1 year or with a fine of ` 1,000. Y makes a complaint to the Court of the Metropolitan Magistrate against X after 10 months of the commission of the offence. Can the said Court take cognizance of that offence?

Commencement of the period of limitation [Section 469]

(a (b year.

(c cognizance of the offence is 1 year. As Y made complaint after 10 months to the Court, which

In relating to any offender, the period of limitation commences:

(a) On the date of the offence, or (b (c

Exclusion of time in certain cases [Section 470 & 471]

(1) Day from which such period has to be computed.

other authority is required for the institution of the prosecution, the time required for obtaining such consent or sanction.

(6) In time during which the offender has been absent from India, or any territory outside himself.

Example: A commits an offence punishable with imprisonment which may extend to 3 years in 2012. Soon thereafter, A went to America. On his return in 2018, prosecution was started against A in respect of the above offence. A raised an objection that the Court cannot take cognizance of the offence because a period of more than 3 years has elapsed after the commission of the offence. Will the Court allow this objection? A

the time during which the offender has been out of India or from any territory outside India will not be included in computation to period of limitation, as during this period A was absent from India.

Continuing Offences [Section 472] during which the offence continues.

Extension of period of limitation [Section 473]

Example of continuing offence:

time during which the offence continues.

of the case –(a (b

PAST EXAMINATION QUESTIONS

Question 1: A files a complaint against B in respect of an offence triable by a Court of Sessions. For the purpose of inquiry, the Magistrate directed the complainant to produce all his witnesses. A submitted an application that he may be permitted to produce only important witnesses at the stage on inquiry. Whether the magistrate should allow the application. [Dec 1996 (6 Marks)]

Hint:

is in respect of an offence triable by the Court of Sessions, it is obligatory for the Magistrate to call upon the complainant to produce all his witnesses. Hence, the Magistrate should not allow the application of complainant to produce only important witnesses at the stage on inquiry.

Question 2: Discuss in brief, the provisions relating to limitation for taking cognizance as given in the Code Criminal Procedure, 1973? [June 1993 (5 Marks)], [June 1995 (8 Marks)]

Hint: Refer to Section 468 of the Code of Criminal Procedure, 1973.

QUESTIONS FOR PRACTICE

Question 1: Write a short note on: Cognizance of offences by Magistrates

Hint: Refer to Section 190 of the Code of Criminal Procedure, 1973.

Question 2: Write a short note on: Cognizance of offences by Courts of Session

Hint: Refer to Section 193 of the Code of Criminal Procedure, 1973.

ANTICIPATORY BAIL & SUMMARY TRIALS

Anticipatory Bail

anticipatory bail.

person is protected from unnecessary humiliation, and on the other, the faith of the public

Direction for grant of bail to person apprehending arrest [Section 438]

committed a non-bailable offence, he may apply to the High Court or to the Court of Session for anticipatory bail. If such a bail is granted, it may include such conditions as the Court threat or promise to any person acquainted with the facts of the case, so as to dissuade

the Court. section.

Example: Raman moves an application for anticipatory bail before a Judicial Magistrate of First Class of the area, for bailable offence. Can A get anticipatory bail?

in a non-bailable offence only by the High Court or the Court of Session. Judicial Magistrate of First Class has got no power to grant anticipatory bail. Further anticipatory bail cannot be granted for bailable offence.

Distinction between: Bail & Anticipatory Bail

Points

Meaning

Offence

Bail Anticipatory Bail

Bail means release of arrested person on certain conditions and on furnishing of security.

Bail is granted for bailable offence.

When granted Bail is granted by the Court when the accused appears or is brought before the Court.

Who grants Bail is granted by the officer of police station, Magistrate, Session Judge or High Court.

Summary Trial [Section 260]

Anticipatory bail means release of a person on bail prior to his arrest.

Anticipatory bail is granted for non bailable offence.

Anticipatory bail is granted in anticipation of a person being arrested.

Anticipatory bail is granted by the Session Judge or the High Court.

Meaning: A summary trial implies speedy disposal. A summary case is thus which can be tried and disposed at once. Thus, the summary procedure is not applicable contentious and complicated case which requires a full and lengthy inquiry. Generally, it will apply to such

Procedure: In a summary trial, all cases should be tried by the summons procedure whether the case is a summons case or warrant case.

Offences that can be dealt with summary trial:

(1) Offences not punishable with death, imprisonment for life, or imprisonment for a 2 years.

(2) Theft up to ` 2,000 up to ` 2,000 up to ` 2,000 etc.)

(6) In suit with intend to provoke breach of peace

(7) Abetment of any foregoing offences.

(8) An attempt to commit any forgoing offence, when such attempt also is an offence.

20 of the Cattle Trespass Act, 1871.

Example: A commits the offence of theft by stealing property of B worth ` 5,000. Can this offence be tried summarily by the Chief Judicial Magistrate?

No, the offence of theft of a property worth ` Judicial Magistrate.

` 2,000. Procedure for summary trials [Section 262] nature of the case i.e. whether it is a summons case or a warrant case.

No sentence of imprisonment for a term exceeding 3 months in summary trials. No limit for fine.

Example: Sohan is tried summarily by the Chief Judicial Magistrate on the charge of committing theft and is sentenced to undergo rigorous imprisonment for 6 months. Sohan wants to challenge this decision. Can he do so? Discuss.

According to Section 262

by Chief Judicial Magistrate. Sohan should, therefore, file an appeal before the appropriate Court challenging the quantum of punishment. Judgment in summary trials

Records in summary trial tried summarily:

Serial number of the case.

Date of the commission of the offence.

Date of the report or complaint.

Name of the complainant, if any.

Name, parentage and residence of the accused.

of which the offence has been committed.

Findings.

Date on which proceedings terminated.

PAST EXAMINATION QUESTIONS

Question 1: What is ‘anticipatory bail’? Which Courts can grant anticipatory bail? [June 2001 (4 Marks)]

Hint: Refer to Section 438 of the Code of Criminal Procedure, 1973.

Question 2: Roopchand is tried summarily by the Chief Judicial Magistrate on the charge of committing theft and is sentenced to undergo rigorous imprisonment for five months. Roopchand wants to challenge this decision. Can he do so? Discuss. [June 2012 (5 Marks)] [Dec 2005 (5 Marks)], [June 2006 (5 Marks)]

Hint: Refer to Section 262 of the Code of Criminal Procedure, 1973.

Question 3: Discuss the summary trial by a Magistrate under the Criminal Procedure Code, 1973. [Dec 2018 (4 Marks)]

Hint: Refer to Sections 260 to 265 of the Code of Criminal Procedure, 1973.

QUESTIONS FOR PRACTICE

Question 1: Distinguish between: Bail & Anticipatory Bail

Hint: Refer Topic Distinction between Bail & Anticipatory Bail.

Question 2: Write a short note on: Records in summary trial.

Hint: Refer Topic Records in summary trial.

Jurisprudence Interpretation & General Laws (JIGL) | TEXTBOOK

AUTHOR : N.S. Zad , Divya Bajpai

PUBLISHER TAXMANN

DATE OF PUBLICATION : June 2022 5th Edition 9789356220072

NO. 430

BINDING PAPERBACK

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This book is prepared exclusively for the Executive Level of Company Secretary Examination requirement. It covers the questions & detailed answers strictly as per the new syllabus of ICSI.

This book is prepared exclusively for the Executive Level of Company Secretary Examination requirement. It covers the entire revised syllabus as per ICSI. This book aims to systematically represent the subject matter so students do not consciously have to mug up provisions.

The Present Publication is the 5th Edition & updated till 31st May 2022 for CS-Executive | New Syllabus | Dec. 2022/June 2023 Exams. This book is authored by CS N.S. Zad & CS Divya Bajpai, with the following noteworthy features:

The Present Publication is the 12th Edition & updated till 31st May 2022 for CS-Executive | New Syllabus | Dec. 2022 Exams. This book is authored by CS N.S. Zad & CA Pratik Neve, with the following noteworthy features:

Strictly as per the New Syllabus of ICSI

Strictly as per the New Syllabus of ICSI

Coverage of this book includes:

['Topic-wise' Tabular Presentation] of the subject matter

[Easy to Understand Language] used throughout the book for easy learning

All Past Exam Questions, including:

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CS Executive June 2022 | New Syllabus

[Practical MCQs] with hints

[Most Amended & Updated] This book covers the latest applicable provisions and amendments under the respective laws

[Most Updated & Amended] Solutions in this book are provided as per the following:

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