Law of Criminal Procedure Notes | LL.B. (Three Years) Semester 3 | SPPU | munotes

Contents

Module 01 Introduction to BNSS, 2023

1. The Code That Replaced the Code 1
2. Definitions under the Sanhita 10
3. The Police System in India 16
4. The Structural Organisation of Police at the Centre and in the States 23
5. The Mode of Recruitment and Training of Police 34
6. Police Reforms 42
7. The Prisons Act 1894: Prisons and Their Officers 51
8. The Prisons Act 1894: Prisoners, Discipline and Prison Offences 61
9. Classes of Criminal Courts 76
10. Executive Magistrates 83
11. Which Court May Try What, and What It May Impose 89
12. Conferring and Withdrawing the Powers of a Court 95
13. Powers of Superior Police Officers, and Aid to the Magistrates 99
14. Public Prosecutors and the Directorate of Prosecution 105

Module 02 Jurisdiction of Criminal Courts in Inquiry and trials

1. Where a Case May Be Inquired Into and Tried 111
2. Cognizance of Offences 118
3. When Cognizance Is Barred, and Sanction Is Needed 123
4. Complaints to Magistrates 131
5. Issue of Process and Supply of Documents 137

Module 03 Information to the Police and their Powers to Investigate and Inquiry proceedings

1. The First Information Report 144
2. The Powers of the Investigating Officer 153
3. When the Police May Arrest Without a Warrant 163
4. Arrest by a Private Person, by a Magistrate, and on Refusal to Give a Name 171
5. How an Arrest Is Actually Made 177
6. Summons 185
7. Warrants of Arrest 191
8. Proclamation and Attachment of Property 198
9. Rules Common to Summons and Warrants 205
10. The Rights of an Arrested Person 209
11. Preventive Action of the Police 216
12. Search, Seizure and Medical Examination After an Arrest 220
13. Summons to Produce, and the Search Warrant 227
14. How a Search Is Conducted, and What May Be Seized 234
15. Remand, Default Bail and the Police Report 242
16. Inquests and Inquiry into the Cause of Death 250

Module 04 Bail and Bond, Security and Maintenance proceedings

1. Bail in Bailable and in Non-Bailable Offences 256
2. Anticipatory Bail, and the Special Powers of the Higher Courts 265
3. Bonds, Sureties and Forfeiture 271
4. Security for Keeping the Peace and for Good Behaviour 279
5. The Security Inquiry and What Follows It 285
6. Dispersal of an Unlawful Assembly 294
7. Public Nuisance and the Conditional Order 300
8. Urgent Orders in Cases of Nuisance or Apprehended Danger 307
9. Disputes About Land and Water 314
10. Maintenance of Wives, Children and Parents 321
11. The Muslim Women (Protection of Rights on Divorce) Act 1986 329
12. Mohd. Ahmed Khan v. Shah Bano Begum 336
13. Danial Latifi v. Union of India 340
14. Maintenance: The Law As It Stands Now 344

Module 05 Charge, Trial and Investigation Procedures

1. Trial Before a Court of Session 349
2. Limitation for Taking Cognizance 357
3. The Charge, and What It Must Contain 363
4. Joinder of Charges 369
5. Trial of Warrant Cases on a Police Report 376
6. Trial of Warrant Cases Otherwise Than on a Police Report 381
7. When a Magistrate Cannot Dispose of the Case 387
8. Trial of Summons Cases 394
9. Summary Trials 400
10. How Evidence Is Recorded 405
11. Commissions for the Examination of Witnesses 412
12. Evidence That Needs No Formal Proof 418
13. Attendance of Persons Confined in Prison 426
14. The Court's General Powers During a Trial 431
15. Trial in the Absence of the Accused 439
16. Plea Bargaining 446
17. Double Jeopardy, and Who May Conduct the Prosecution 453
18. Compounding of Offences, and Withdrawal from Prosecution 460
19. Irregular Proceedings 467
20. The Miscellaneous Chapter, and the Inherent Power of the High Court 474

Module 06 Judgment, Probation and Parole of offenders, Appeals, Reference, Revision and Execution

1. The Judgment 480
2. Confirmation of a Death Sentence 488
3. Compensation to Victims, and to the Wrongly Accused 493
4. Probation of Offenders: The Idea 502
5. Probation and Suspended Sentence Distinguished 510
6. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 518
7. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 529
8. Parole and Probation Compared 538
9. Parole in India and Its Conditions 544
10. Parole and Furlough: The Ideas and the Object 554
11. Parole Violation and the Supervision of Parolees 563
12. Who May Appeal, and Against What 571
13. How an Appeal Is Heard and Decided 579
14. Reference to the High Court 588
15. Revision 592
16. Transfer of Criminal Cases 599
17. Execution of Sentences 606
18. Mercy, Remission and Commutation 614
19. Tender of Pardon to an Accomplice 621
20. An Accused of Unsound Mind 628
21. Disposal of Property 637

Module 07 Juvenile Justice Act, 1986

1. The Juvenile Justice Act: Object, Scheme and Application 645
2. Juveniles in Conflict with Law: The Idea and the Definitions 651
3. Juveniles in Conflict with Law: The Board, the Assessment and the Orders 659
4. The Age of Criminal Responsibility 671
5. Who Is a Child: the Definitions 675
6. The General Principles 683
7. The Juvenile Justice Board 689
8. Apprehension, Bail and the First Steps 697
9. Inquiry by the Board and the Preliminary Assessment 705
10. Orders the Board May Pass 711
11. The Children's Court, and the Child Who Turns Twenty-One 718
12. Age, Appeals and Revision 725
13. The Child Welfare Committee 734
14. The Child in Need of Care and Protection 741
15. Rehabilitation and Social Re-integration 749
16. The Institutions 757
17. The Machinery: Fund, Police and Monitoring 765
18. Adoption 771
19. The Adoption Agencies and the Authority 779