Criminal Procedure

By | August 9, 2018
Criminal Procedure Code Notes

The Code of Criminal Procedure is a procedural law that came into force on April 1, 1974. The Criminal Procedure Law has been designed to look after the machinery for the detection of crime, apprehension of suspected criminals, the collection of evidence, determination of the guilt or innocence of the suspected person, and imposition of suitable punishment to the guilty person.

Another important point to note in this regard is that procedural law is not wholly procedural or adjective in nature. Important articles and study material on the Criminal Procedure Code – Click on the link to Read

Unit 1: INTRODUCTION AND FUNCTIONARIES UNDER THE CODE

Unit 2: ARREST, SEARCH AND SEIZURE

  • Arrest of a Person
  • Meaning and Purpose
  • Arrest with/without Warrant
  • Arrest how made
  • After arrest procedures
  • Rights of Arrested Persons
  • Consequences of non-compliance with provisions of the arrest. (The topics cover Sections 41 – 60A of the Cr. PC)
  • Search & seizure with/without a warrant.
  • Consequences of non-adherence of procedural requirement. (The topics cover Sections 93 – 103 of the Cr. PC)

Unit 3: PREVENTIVE MEASURES AND SECURITY PROCEEDINGS

  • Preventive action of the Police
  • Security for keeping peace and good behaviour
  • Dispersal of Unlawful Assemblies and Public nuisance

Unit 4: MAINTENANCE OF WIVES, CHILDREN AND PARENTS

  • Persons entitled to claim maintenance
  • Essential conditions and alteration of allowance after order.
  • Jurisdiction and Enforcement of the Order of Maintenance

Unit 5: INVESTIGATION

  • Meaning & purpose of the investigation
  • FIR – Meaning and Procedure after recording the FIR.
  • Evidentiary value of FIR, statements made to police and Magistrates.
  • Power of Judicial Magistrate to record confessions/statements
  • Procedure to follow on completion of an investigation
  • Investigations & inquiries into the cause of unnatural deaths, suicides or death in police custody etc. (The topics cover Sections 154 – 176 of the Cr. PC)

 Unit 6: JURISDICTION OF CRIMINAL COURTS

  • Class and Hierarchy of Criminal Courts
  • Determination of Jurisdiction if offences committed within the country or through letter/post or outside the country
  • Offences triable together. (The topics cover Sections 177 – 189 of the Cr. PC)

Unit 7: COMPLAINTS TO MAGISTRATES

  • Meaning and Purpose of Complaint. Difference between an FIR and a complaint.
  • Issue of Process and Examination of the Complainant
  • Dismissal of Complaint. (The topics cover Sections 200 – 203 of the Cr. PC)

Unit 8: CHARGE AND TRIAL

Unit 9: PLEA BARGAINING

Unit 10: BAIL AND ANTICIPATORY BAIL

 Unit 11: JUDGMENT AND APPEAL

  • Judgment and Post-Conviction Orders – Meaning and Procedure
  • Victim Compensation & Costs
  • Courts where appeal lies
  • Grounds and Procedure of Appeal
  • Cases where Appeal is not allowed

Unit 12: REFERENCE, REVISION AND TRANSFER

  • Reference and Revisionary Powers of the Sessions Court and High Court
  • Powers of the Supreme Court, High Court and Sessions Court to transfer Cases and Appeals
  • Inherent Powers of the High Court

Unit 13: MISCELLANEOUS (CERTAIN MOST IMPORTANT TOPICS IN PRACTICE)

  • Rule of Double Jeopardy (§300)
  • Right of the Accused to Defend Itself (§303)
  • Examination of Accused by the Magistrate (§313)
  • Examination of Accused as Witness (§315)
  • Compounding of Offences (§320)
  • Limitation to file Case (§467 – 473)
  • Difference between Irregular and Illegal Procedure
  • Effect of Procedural Irregularity (§460 – 466).

Add Ons

  1. Initiation of Criminal Proceedings
  2. Trial in Summons Cases
  3. Procedure of Trial Before Sessions Court
  4. Provision of Appeal under Criminal Procedure Code
  5. Procedures Followed by Magistrates in Court
  6. Provisions as to Accused Persons of Unsound Mind [Chapter XXV]
  7. Provisions as to Offences Affecting the Administration of Justice
  8. Transfer of Criminal Cases
  9. Limitation For Taking Cognizance Of Certain Cases

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