Criminal Procedure Code Juvenile Justice and POCSO Notes | LL.B. (3 years) Semester 5 | Mumbai University | munotes

Contents

Module I

1. The Code That Replaced the Code 1
2. Definitions under the Sanhita 8
3. Classes of Criminal Courts 14
4. Executive Magistrates 21
5. Public Prosecutors and the Directorate of Prosecution 27
6. Which Court May Try What, and What It May Impose 33
7. Conferring and Withdrawing the Powers of a Court 39
8. Powers of Superior Police Officers, and Aid to the Magistrates 43
9. When the Police May Arrest Without a Warrant 49
10. Arrest by a Private Person, by a Magistrate, and on Refusal to Give a Name 57
11. How an Arrest Is Actually Made 63
12. The Rights of an Arrested Person 71
13. Search, Seizure and Medical Examination After an Arrest 78
14. Summons 85
15. Warrants of Arrest 91
16. Proclamation and Attachment of Property 98
17. Rules Common to Summons and Warrants 105
18. Summons to Produce, and the Search Warrant 109
19. How a Search Is Conducted, and What May Be Seized 116
20. Reciprocal Arrangements for Assistance 124
21. Security for Keeping the Peace and for Good Behaviour 132
22. The Security Inquiry and What Follows It 138
23. Maintenance of Wives, Children and Parents 147
24. Dispersal of an Unlawful Assembly 155
25. Public Nuisance and the Conditional Order 161
26. Urgent Orders in Cases of Nuisance or Apprehended Danger 168
27. Disputes About Land and Water 175
28. Preventive Action of the Police 182
29. The First Information Report 186
30. The Powers of the Investigating Officer 195
31. Remand, Default Bail and the Police Report 205
32. Inquests and Inquiry into the Cause of Death 213
33. Where a Case May Be Inquired Into and Tried 219
34. Cognizance of Offences 226
35. When Cognizance Is Barred, and Sanction Is Needed 231
36. Complaints to Magistrates 239
37. Issue of Process and Supply of Documents 245

Module II

1. The Charge, and What It Must Contain 252
2. Joinder of Charges 258
3. Trial Before a Court of Session 265
4. Trial of Warrant Cases on a Police Report 272
5. Trial of Warrant Cases Otherwise Than on a Police Report 277
6. Trial of Summons Cases 283
7. Summary Trials 289

Module III

1. Plea Bargaining 294
2. Attendance of Persons Confined in Prison 301
3. How Evidence Is Recorded 306
4. Commissions for the Examination of Witnesses 313
5. Evidence That Needs No Formal Proof 319
6. Double Jeopardy, and Who May Conduct the Prosecution 327
7. Tender of Pardon to an Accomplice 334
8. The Court's General Powers During a Trial 341
9. Trial in the Absence of the Accused 349
10. Compounding of Offences, and Withdrawal from Prosecution 356
11. When a Magistrate Cannot Dispose of the Case 363
12. An Accused of Unsound Mind 370
13. Offences Affecting the Administration of Justice 379
14. The Judgment 388
15. Compensation to Victims, and to the Wrongly Accused 396
16. Confirmation of a Death Sentence 405
17. Who May Appeal, and Against What 410
18. How an Appeal Is Heard and Decided 418
19. Reference to the High Court 427
20. Revision 431
21. Transfer of Criminal Cases 438
22. Execution of Sentences 445
23. Mercy, Remission and Commutation 453
24. Bail in Bailable and in Non-Bailable Offences 460
25. Anticipatory Bail, and the Special Powers of the Higher Courts 469
26. Bonds, Sureties and Forfeiture 475
27. Disposal of Property 483
28. Irregular Proceedings 491
29. Limitation for Taking Cognizance 498
30. The Miscellaneous Chapter, and the Inherent Power of the High Court 504

Module IV

1. The Juvenile Justice Act: Object, Scheme and Application 510
2. Who Is a Child: the Definitions 516
3. The General Principles 524
4. The Juvenile Justice Board 530
5. Apprehension, Bail and the First Steps 538
6. Inquiry by the Board and the Preliminary Assessment 546
7. Orders the Board May Pass 552
8. The Children's Court, and the Child Who Turns Twenty-One 559
9. The Child Welfare Committee 566
10. The Child in Need of Care and Protection 573
11. Rehabilitation and Social Re-integration 581
12. The Institutions 589
13. Adoption 597
14. The Adoption Agencies and the Authority 605
15. Offences Against Children 612
16. How Those Offences Are Tried 620
17. Age, Appeals and Revision 625
18. The Machinery: Fund, Police and Monitoring 634
19. The POCSO Act: Object, Scheme and Definitions 640
20. Penetrative Sexual Assault and Its Aggravated Form 646
21. Sexual Assault and Sexual Harassment 653
22. Using a Child for Pornographic Purposes 659
23. Abetment and Attempt 665
24. Reporting a POCSO Offence 670
25. Recording the Child's Statement and Medical Examination 677
26. The Special Court and the Presumptions 682
27. How a Special Court Conducts the Trial 688
28. The Miscellaneous Chapter of POCSO 695