Criminal Procedure

The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.

Arrest of a Person

Meaning Fair trial requires that the trial proceedings are conducted in the presence of the accused and that he is given a fair chance to defend himself.  Consequently, the provisions regarding the…

Rights of an Arrested Person

The powers given to police to facilitate the making of arrest are not absolute. These powers are subject to certain restraints. These restraints are the rights of an arrested person. Thus, Rights o…

First Information Report (F.I.R.)

Meaning The information regarding commission of an offense has to be entered in a book available with the police. The information so recorded is called First Information Report i.e. F.I.R. It is an…

CHARGE (ALLEGATIONS)

Outline of Charge The charge is the establishment of the allegation(s) against the accused in a criminal case. The inspiration behind a charge is to inform an accused individual, precisely and succ…

Trial in Summons Cases

Introduction The Criminal Procedure Code of 1973 is, as is clearly indicated by its title, a comprehensive enactment laying down the law relating to criminal procedure. But it is worth mentioning t…

Plea Bargaining

Introduction In India, Plea Bargaining has certainly changed the face of the Indian Criminal Justice System. It is applicable in respect of those offences for which punishment is up to a period of …

Initiation of Criminal Proceedings

Magistrate may proceed against an accused on the basis of a complaint of facts; or an information received from any person other than a police officer, or upon his own knowledge, that such offence …

Summon & Warrant Cases

SUMMONS AND WARRANTS The general processes to compel appearance are: (1) Summons (Section 61) (2) Warrants (Section 70) SUMMONS A summon is issued either for appearance or for producing a document …