Criminal Law II Notes | B.Com. LL.B. (Five Years) Semester 7 | KSLU | munotes

Contents

Unit I Introduction

1. Criminal Law II: What This Paper Covers, and How to Read This Book 1
2. The Code That Replaced the Code 5
3. The Constitutional Dimensions of the Sanhita 12
4. Definitions under the Sanhita 18
5. Classes of Criminal Courts 24
6. Executive Magistrates 31
7. Public Prosecutors and the Directorate of Prosecution 37
8. Which Court May Try What, and What It May Impose 43
9. Conferring and Withdrawing the Powers of a Court 49
10. Powers of Superior Police Officers, and Aid to the Magistrates 53
11. The First Information Report 59
12. The Powers of the Investigating Officer 68
13. Remand, Default Bail and the Police Report 78
14. Inquests and Inquiry into the Cause of Death 86
15. When the Police May Arrest Without a Warrant 92
16. Arrest by a Private Person, by a Magistrate, and on Refusal to Give a Name 100
17. How an Arrest Is Actually Made 106
18. The Rights of an Arrested Person 114
19. Search, Seizure and Medical Examination After an Arrest 121
20. Proclamation and Attachment of Property 128

Unit II Pre -Trial Process and Commencement of Proceedings

1. Cognizance of Offences 135
2. When Cognizance Is Barred, and Sanction Is Needed 140
3. Timelines: How Long Each Stage May Take 148
4. Complaints to Magistrates 153
5. Issue of Process and Supply of Documents 159
6. The Charge, and What It Must Contain 166
7. Joinder of Charges 172
8. Summons 179
9. Warrants of Arrest 185
10. Rules Common to Summons and Warrants 192
11. Summons to Produce, and the Search Warrant 196
12. How a Search Is Conducted, and What May Be Seized 203
13. Reciprocal Arrangements for Assistance 211
14. Attendance of Persons Confined in Prison 219
15. Preliminary Pleas: Guilt, a Bar to Trial, and Limitation 224
16. Limitation for Taking Cognizance 229
17. Bail in Bailable and in Non-Bailable Offences 235
18. Anticipatory Bail, and the Special Powers of the Higher Courts 244
19. Bonds, Sureties and Forfeiture 250

Unit III Trial Process

1. Trial Before a Court of Session 258
2. Trial of Warrant Cases on a Police Report 265
3. Trial of Warrant Cases Otherwise Than on a Police Report 270
4. Trial of Summons Cases 276
5. Summary Trials 282
6. Where a Case May Be Inquired Into and Tried 287
7. How Evidence Is Recorded 294
8. Commissions for the Examination of Witnesses 301
9. Evidence That Needs No Formal Proof 307
10. Double Jeopardy, and Who May Conduct the Prosecution 315
11. Tender of Pardon to an Accomplice 322
12. The Court's General Powers During a Trial 329
13. Trial in the Absence of the Accused 337
14. When a Magistrate Cannot Dispose of the Case 344
15. Compounding of Offences, and Withdrawal from Prosecution 351
16. Plea Bargaining 358
17. Concurrent and Consecutive Sentences 365
18. Who May Appeal, and Against What 371
19. How an Appeal Is Heard and Decided 379
20. Confirmation of a Death Sentence 388
21. Reference to the High Court 393
22. Revision 397
23. Security for Keeping the Peace and for Good Behaviour 404
24. The Security Inquiry and What Follows It 410
25. Maintenance of Wives, Children and Parents 419

Unit IV Miscellaneous Procedure

1. The Judgment 427
2. Transfer of Criminal Cases 435
3. Execution of Sentences 442
4. Mercy, Remission and Commutation 450
5. Disposal of Property 457
6. Preventive Action of the Police 465
7. Irregular Proceedings 469
8. Compensation to Victims, and to the Wrongly Accused 476
9. The Miscellaneous Chapter, and the Inherent Power of the High Court 485

Unit V Juvenile Justice and Probation of Offenders

1. The Juvenile Justice Act: Object, Scheme and Application 491
2. Who Is a Child: the Definitions 497
3. The General Principles 505
4. The Juvenile Justice Board 511
5. Apprehension, Bail and the First Steps 519
6. Inquiry by the Board and the Preliminary Assessment 527
7. Orders the Board May Pass 533
8. The Children's Court, and the Child Who Turns Twenty-One 540
9. The Child Welfare Committee 547
10. The Child in Need of Care and Protection 554
11. Rehabilitation and Social Re-integration 562
12. The Institutions 570
13. Adoption 578
14. The Adoption Agencies and the Authority 586
15. Offences Against Children 593
16. How Those Offences Are Tried 601
17. Age, Appeals and Revision 606
18. The Machinery: Fund, Police and Monitoring 615
19. Probation of Offenders: The Idea 621
20. Probation and Suspended Sentence Distinguished 629
21. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 637
22. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 649