B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2025 Jan (CrPC paper) Question Paper with Solutions

For full marks, cover: where the powers come from (Chapter XII of the Code); the starting point, the information (section 154); power in cognizable and non-cognizable cases (sections 155 and 156); the powers used during investigation: going to the spot, summoning and examining witnesses, recording confessions through a Magistrate, searching and seizing, arresting and seeking remand; the powers at the end: release, forwarding and the final report (sections 169, 170 and 173); inquest (section 174); the controls on these powers; the leading cases; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

Source of the powers

Chapter XII of the Code of Criminal Procedure, 1973 (sections 154 to 176) gives the police their powers to investigate. Investigation is the work of the police. Courts do not interfere with it, except where the Code provides.

1. To proceed to the spot (section 157). On reason to suspect a cognizable offence, the officer sends a report to the Magistrate. He then goes to the spot, in person or by a subordinate, to find the facts and arrest the offender.
2. To summon witnesses (section 160). He may order any person acquainted with the facts to attend. Males under fifteen or over sixty-five, women and disabled persons cannot be called away from where they live.
3. To examine witnesses (section 161). He may question them orally and write down what they say. They must answer truly, except where the answer would incriminate them.
4. To have confessions recorded (section 164). Only a Magistrate may record a confession, after warning the accused that he need not confess. A confession to a police officer cannot be proved against the accused.
5. To search (section 165). He may search a place in his station's area without warrant. He must have reasonable grounds and record in writing why the thing cannot otherwise be obtained without undue delay. Copies go to the Magistrate.
6. To search outside his area (section 166). He may ask another station's officer to search. In urgency he may search there himself and send notice.

Inquest (section 174)

On information of a suicide, a killing, or a suspicious death, the officer informs the Executive Magistrate. He then goes to the spot and holds an inquest. He prepares a report on the apparent cause of death. He may send the body for post-mortem.

Controls on the powers

1. Report to the Magistrate (section 157). The Magistrate is kept informed from the start. Under section 159 he may direct an investigation or hold a preliminary inquiry himself.
2. Remand only by a Magistrate (section 167). The police cannot hold a person beyond twenty-four hours on their own.
3. High Court's inherent power (section 482). It can quash an investigation only in exceptional cases.

The leading cases

Facts. In State of Haryana v. Ch. Bhajan Lal, decided on 21 November 1990, an FIR alleged that a former Chief Minister held assets beyond his known income. The High Court quashed the FIR.

Under the Sanhita

From 1 July 2024, sections 173 to 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 154 to 176. Section 173 adds the zero FIR and e-FIR. Section 175 replaces section 156, section 185 replaces section 165, and section 187 replaces section 167. Under section 176(3), a forensic expert must visit the scene in offences punishable with seven years or more, from a date the State notifies.

Conclusion. The police have wide powers to investigate cognizable offences without a court's order. They may question, search, seize and arrest. In non-cognizable cases they need a Magistrate's order. These powers are kept in check by reports to the Magistrate, his control over remand, and the High Court's power to quash. Bhajan Lal and H.N. Rishbud show both the reach and the limits of the police power.