AL-AMEEN COLLEGE OF LAW

HOSUR ROAD, BENGALURU.

MODEL ANSWERS- DECEMBER 2019
Third Semester 3 Year LL.B/Seventh Semester 5 Year B.A.LL.B

CRIMINAL PROCEDURE CODE, J.J. ACT AND P.O. ACT

Q.No.1
WHAT IS ARREST? STATE THE CIRCUMSTANCES UNDER WHICH A PERSON CAN BE
ARRESTED WITHOUT WARRANT.

SYNOPSIS:

INTRODUCTION
MEANING
TYPES OF ARREST
ARESST WITHOUT WARRANT
CONCLUSION

INTRODUCTION:

Arrest is a very important process in the code as it ensures the presence of the accused at the trial. Section 41
to 60 of the CRPC lays down the provisions relating to Arrest of Persons. This section empowers a police
officer to arrest a person and not a private person.

MEANING:

“Every compulsion or physical restraint is not arrest but when the restraint is total and deprivation of liberty
is complete, that would amount to arrest”. The expression “Arrest” literally means “Deprivation of personal
liberty by legal authority. An arrest implies the actual seizure or touching of the person with a view to keep
him in detention.

TYPES OF ARREST:

1. Arrest with warrant

2. Arrest without warrant
1. ARREST WITH WARRANT : means which may be issued by a Magistrate after taking cognizance
of the offence whether cognizable or non-cognizable . If the offence is cognizable, the police can arrest
without warrant. The purpose of warrant is to cause the accused to appear before the court. The
Magistrate issues warrant, when he has reason to believe that the accused has absconded or would not
obey the summons. Cognizance of any offence can be taken by a magistrate not only upon a police
report but also upon receiving complaint or upon information received from any person other than a
police officer or upon the knowledge of the magistrate himself. In such cases or where the cognizance
has been taken on a police report in respect of a non-cognizable offence, the magistrate may issue a
warrant of arrest in accordance with the above mentioned rules.
2. ARREST WITHOUT WARRANT: Generally a person shall be arrested with a warrant. However,
a person may be arrested without warrant because of the serious nature of circumstance and to enable
the police to discharge their duties effectively powers of arrest without warrant are mainly conferred
on the police. Arrest without warrant can be made under the following circumstances:
a. Arrest without warrant by police (section 41,42 and 55)
b. Arrest by private person (Section 43)
 c. Arrest by a Magistrate (Section 44)
a. Arrest without warrant by police (section 41,42 and 55):- Section 41 contains the circumstances
under which the police may arrest without warrant. Section 42 empowers the police to arrest a
person accused of committing a non-cognizable offence, who refused to reveal his/her name
and residence. Section 55 lays down the procedure to be followed by a police officer, who
deputes another officer subordinate to him to arrest a person without warrant.
Powers of police to arrest a person without warrant under the following circumstance:
1. If a person is actually concerned or reasonably suspected to be concerned in a cognizable
offence.
2. If he has committed or suspected to have committed an act outside India and the act is
punishable under IPC.
3. Against a requisition from another police officer competent to arrest him without warrant.
4. Any person, who is deserter from any of the Armed forces of the Union.
5. Any person who is in possession without lawful excuse of any implemented of House
breaking.
6. Any person found in possession of any property suspected to be stolen.
7. Any person obstructing a police officer in the discharge of his duties.
8. Any person who has escaped from lawful custody.
9. If a person, in the presence of police officer is accused of committing a non-cognizable
offence and refuses to give his name and address.
10. When a police officer requires any officer subordinate to him to arrest without warrant any
person shall give such order in writing.
b. Arrest by private person (Section 43):
Every person has a duty to inform the police or the nearest Magistrate, the commission of an
offence. He can also arrest if the offender and handover him to the police.
According to Section 43(1) of the Code, a private person may arrest or cause to be arrested any
person-
1. If he commits a non-bailable and cognizable offence : or
2. If he is a proclaimed offender.
But he shall without any delay make over such person to a police officer or nearest police
station. The police officer may then rearrest the person so handed over to him.
c. Arrest by Magistrate: Section 44:
Any Magistrate, whether judicial or executive may arrest a person within his jurisdiction:
1. Any person who commits an offence in his local jurisdiction and his presence; or
2. Any person, for whose arrest, he is competent to issue a warrant.
A magistrate arresting a person under section 44(1) of the Code should not try the case
himself. The person so arrest by the Magistrate shall be produced within 24 hours before
another Magistrate otherwise the arrest becomes illegal.

Q.No.2

WHAT IS BAIL? EXPLAIN THE PROCEDURE REGARDING THE GRANTING OF BAIL IN

CASES OF BAILABLE AND NONBAILABLE OFFENCES.

SYNOPSIS;

INTRODUCTION
MEANING OF BAIL
TYPES OF BAIL
PROCEDURE FOR GRANTING BAIL IN BAILABLE OFFENCES
PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES
CONCLUSION

INTRODUCTION:

One important purpose of arrest is to secure the presence of the accused person at the time of his enquiry or
trial and to ensure that he is available to receive the sentence on conviction. If the purpose can be achieved
without forcing detention on the accused during inquiry or trial, it would be an ideal blending of two apparently
conflicting claims, namely freedom of the individual and the interest of justice. It is presumed under law that
the accused is innocent till the guilt is prove beyond reasonable doubt so he should not be subjected to the
psychological and physical deprivations of jail life. The release on bail is crucial to the accused as the
consequences of pre-trial detention are grave.

Therefore the law of bails attempts to devise such a system and to operate it is in such manner as to enable it
to release on bail the maximum number of accused persons without seriously endangering the objectives of
arrest and trial.

MEANING OF BAIL:

There is no definite definition of bail in the Code, although the terms bailable offences and non-bailable
offences have been defined. According to Law Lexicon Bail has been defined as a security for the appearance
of the accused on giving which he is released pending trial or investigation.

In other words, bail is to procure the release of a person from legal custody, by undertaking that he shall appear
at the time and place designated and submit himself to the jurisdiction and judgment of the court. In fact when
a person is granted bail, he is deemed to be under the custody of the court.

TYPES OF BAIL:

There are three types of Bails. They are as follows:

1. Bail in Bailable Offences (Section 436)

2. Bail in Non Bailable Offences (Section-437)
3. Anticipatory Bail (Section-438)

CIRCUMSTANCES FOR GRANTING BAIL IN BAILABLE OFFENCES:

Bail in bailable offences is mandatory until and unless the arrestee has not complied with formalities of the
bail.

1. where the arrestee is not accused of no-bailable offence:

➢
It covers to all cases of persons accused of bail offences.
➢
Where a person has failed to comply with conditions of the bail as regards the time and place of attendance, the
court may refuse to release him on bail.
➢
Where a person has been released on bail by the police should seek fresh bail from the court.
2. Where the investigation is not completed within the time prescribed:-
➢
A person arrested without a warrant cannot be detained by the police for more than 24 hours
➢
If the police officers consider it necessary for detaining such person for a longer period for the
purpose of investigation it can be done so only on special orders from the magistrate under
section 167.
 ➢
90 days where the investigation relates to an offence punishable with death, imprisonment for life or
imprisonment for term not less than ten years and
➢
Sixty days where the investigation relates to any offence
➢
On the expiry of such periods as state above the accused person shall be released on bail if he is prepared
to and does furnish bail
3. Where no reasonable grounds exist for believing the accused guilt of non-bailable offence.
4. Where trial before magistrate not concluded within 60 days
5. Where no reasonable grounds exist for believing the accused guilty after conclusion of trial before
judgment.

PROCEDURE FOR GRANTING BAIL IN NON- BAILABLE OFFENCES:

Granting of bail in non-bailable offences is the discretion of the court and it not mandatory.

1. The discretion has to be exercised according to the following rules and principles as laid down by the
Code and judicial decisions. Some of circumstances to be followed are as follows:
➢
The enormity of charge,
➢
The nature of accusation,
➢
The severity of the punishment which the conviction will entail,
➢
The nature of the evidence in support of the accusation,
➢
The nature and gravity of the circumstances in which the offence is committed,
➢
The position and status of the accused with reference to the victim and the witnesses,
➢
The danger of witnesses being tampered with,
➢
The likelihood of accused fleeing from justice,
➢
Probability of the accused committing more offences,
➢
The protracted nature of the trial,
➢
The opportunity to the applicant for preparation of his defense and access to his counsel,
➢
The health, Age and sex of the accused person, etc.,
2. No bail in case of offence punishable with death or imprisonment for life.
3. Bail with conditions.
➢
In order to ensure that such person shall attend in accordance with the conditions of the bond executed.
➢
In order to ensure that such person shall not commit an offence similar to the offence of which he is
accused of or the commission of which he is suspected, and
➢
That such person shall not directly or indirectly make any inducement, threat or promise to any
person aquatinted with the facts to the court or to any police officer or tamper with the evidence.
4. Powers of the High court or court of session in granting bail.

Q.No.3
What is Charge? Explain the provisions under Cr.P.C. regarding Joinder of Charges.

Introduction.
It is one of the basic requirements of a „fair trial‟ that the person accused of an offence must be informed
about the definite accusation against him before initiating criminal trial so that he may prepare for his defence.
The accusations are formulated and recorded in writing clearly indicating the offence and the relevant sections
of I.P.C. and any special or local enactment under which he is being tried.
➢
The „charge‟ is then read and explained to the accused.
 ➢
Every charge under this Code shall state the offence with which the accused is charged.
➢
If the law which creates the offence gives it any specific- name, the offence may be described in the charge by that name
only.
➢
If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be
stated as to give the accused notice of the matter with which he is charged.
➢
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
➢
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the
offence charged was fulfilled in the particular case.
➢
The charge shall be written in the language of the Court.
➢
If the accused, having been previously convicted of any offence, is liable, by reason of such previous
conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence,
and it is intended to prove such previous conviction for the purpose of affecting the punishment which
the Court may think fit to award for the subsequent offence, the fact, date and place of the previous
conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it
at any time before sentence is passed.

Example:
❖
A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false
property- mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or
adultery, or criminal intimidation, or that he used a false property- mark, without reference to the
definitions of those crimes contained in the Indian Penal Code, but the sections under which the offence
is punishable must, in each instance, be referred to in the charge.
❖
The charge shall contain such particulars as to the time and place of the alleged offence, and the person
against whom, or the thing in respect of which, it was committed, as are reasonably sufficient to give the
accused notice of the matter with which he is charged.

Joinder of Charges
Section 218 to 224 deal with joinder of charges and they must be read together. They all deal with the same
subject-matter and set out different aspects of it. Section 218 lays down two fundamental rules regarding
framing of charges.
First, there should be a separate charge for each distinct offence, and second, there should be a separate trial
for each such charge except in four cases mentioned in sections 219, 220, 221, and 223 of the code. Excepting
the cases falling under any of these four sections, any joinder of charges in the same trial will be wholly illegal
and it will vitiate the trial.

219. Three offences of same kind within year may be charged together.-
• When a person is accused of more offences than one of the same kind committed within the space of
twelve months from the first to the last of such offences, whether in respect of the same person or not,
he may be charged with, and tried at one trial for, any number of them not exceeding three.
• Offences are of the same kind when they are punishable with the same amount of punishment under
the same section of the Indian Penal Code or of any special or local law:

220: Trial for more than one offence:

This section provides another exception to the general rule regarding joinder of charges as laid down in section
218 of the code. The section applies to cases in which different offences are part of one transaction. If offences
are committed in the cause of the same transaction they may be tried together, although they are more than
three in number and exceeding over a span of more than a year.
1) If, in one series of acts so connected together as to form the same transaction, more offences than one are
committed by the same person, he may be charged with, and tried at one trial for, every such offence.
Example: (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable
in whose custody B was. A may be charged with, and convicted of, offences under sections 225 and 333 of
the Indian Penal Code.
2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation
of property as provided in sub-section (2) of section
212 or in sub-section (1) of section 219, is accused of committing, for the purpose of facilitating or concealing
the commission of that offence or those offences, one or more offences of falsification of accounts, he may be
charged with, and tried at one trial for, every such offence.
3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force
for the time being by which offences are defined or punished, the person accused of them may be charged
with, and tried at one trial for, each of such offences.
Example: Where it is doubtful what offence has been committed:- A wrongfully strikes B with a cane. A may
be separately charged with and convicted of, offences under sections 352 and 323 of the Indian Penal Code.
(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute
when combined a different offence, the person accused of them may be charged with, and tried at one trial for
the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of
such acts.
Example: A commits robbery on B, and in doing so voluntarily causes hurt to him.
A may be separately charged with, and convicted of, offences under sections 323, 392 and 394 of the Indian
Penal Code (45 of 1860).

Section 221: Where it is doubtful what offence has been committed:

1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which
can be proved will constitute, the accused may be charged with having committed all or any of such offences
, and any number of such charges may be tried at once; or he may be charged in the alternative with having
committed some one of the said offences.
(2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a
different offence for which he might have been charged under the provisions of sub-section (1), he may be
convicted of the offence which he is shown to have committed, although he was not charged with it.

Illustrations
(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust
or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or
he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or
cheating.
(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal
breach of trust, or that of receiving stolen goods.
He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he
was not charged with such offence.

222. When offence proved included in offence charged-

(1) When a person is charged with an offence consisting of several particulars, a combination of some only of
which constitutes a complete minor offence, and such combination is proved, but the remaining particulars
are not proved, he may be convicted of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may
be convicted of the minor offence, although he is not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence
although the attempt is not separately charged.
Example: When the accused is charged of an offence of robbery under Section
392, IPC, the court can convict him for the offence of theft under section 379, IPC which is a minor offence.

223.What persons may be charged jointly.-

The following persons may be charged and tried together, namely:-
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
(c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed
by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same transaction;
(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and
persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession
of which is alleged to have been transferred by any such offence committed by the first-named persons, or of
abetment of or attempting to commit any such last-named offence;
(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code or either of those sections
in respect of stolen property the possession of which has been transferred by one offence;
(g) Persons accused of any offence under Chapter XII of the Indian Penal Code relating to counterfeit coin
and persons accused of any other offence under the said
Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the
provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.
Q.No.4
DISCUSS THE PROVISIONS OF Cr.P.C. RELATING TO SECURITY FOR KEEPING PEACE
AND GOOD BEHAVIOUR.

SYNOPSIS:

INTODUCTION
SECURITY FOR KEEPING THE PEACE ON CONVICTION SECTION 106
SECURITY FOR KEEPING THE PEACE IN OTHER CASES SECTION 107
SECURITY FOR GOOD BEHAVIOUR FROM PERSONS DISSEMINATING SEDITTIOUS MATTERS
SECTION 108
SECURITY FOR GOOD BEHAVIOUR FROM SUSPECTED PERSONS SECTION 109
SECURITY FOR GOOD BEHAVIOUR FROM HABITUAL OFFENDERS SECTION
110 CONCLUSION

INTODUCTION:

The purpose of an order for security is not to punish but to prevent future commission of offences. There is n
o question of bail to the person proceeding against under this chapter because bail is only for continued
appearance of a person and not to prevent him from committing certain offences.

SECURITY FOR KEEPING THE PEACE ON CONVICTION SECTION 106.

This section comes into operation when a person is convicted of an offence. It applies when by reason of the
conviction of a person, his past conduct leads to an apprehension for the future. This section makes provision
for ordering a person to execute a bond with or without sureties for keeping the peace.
➢
The offences under sub-section 2 are-
➢
Offences punishable under chapter VIII of the IPC. The offences under section 153A, 153B, Section 154 are
not included.
➢
Any offence consisting of or including assault or using criminal force or mischief.
➢
An offence of criminal intimidation
➢
Any other offence which caused or was i8ntened or known to be likely to cause a breach of peace.
➢
When an accused has been acquitted or when he has been convicted but the order for security has not
been passed, the appellate court while convicting the accused acquitted or confirming the conviction
may pass an order under this section.
➢
It must be remembered that a court can order under section 106 to furnish only bond to keeping the peace. It
cannot order to furnish security for good behavior.
➢
The period for the bond is three years but it may be less and it depends upon the discretion of the court to fix
the period.

SECURITY FOR KEEPING THE PEACE IN OTHER CASES SECTION 107:

 ➢
When the Executive Magistrate receives information that any person is likely to commit a breach of
the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a
breach of peace or disturb the public tranquility or to do any wrongful act that may probably occasion
a breach of the peace or disturb the public tranquility and is of the opinion that there is sufficient
ground for proceeding he may, in the manner herein after require such person to show cause why he
should not be ordered to execute a bond with or without sureties for keeping the peace for such period,
not exceeding one year, as the Magistrate thinks fit.
➢
Proceedings under this section shalol taken before the Executive Magistrate.

SECURITY FOR GOOD BEHAVIOUR FROM PERSONS DISSEMINATING SEDITTIOUS

MATTERS SECTION 108:

➢
When the executive magistrate receives information that there is within his local jurisdiction any person who
with or without such jurisdiction:
➢
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts or abets the
dissemination of:
➢
Any matter the publication of which is punishable under Section 124A or Section 153A or Section 153B or
Section 295 A of IPC or
➢
Any matter concerning a judge acting or purporting to act in the discharge of his official duties which amounts
to criminal intimidation or defamation under the IPC.
➢
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sell, let to hire, distributes,
publicly exhibits, or in any other manner puts into circulation any obscene matter such as is referred
to in Section 292 of IPC.
➢
No proceedings shall be taken under this section against the editor, proprietor, printer, or publisher of
any publication registered under and in conformity with, the rules laid down in the Press and
Registration of Books Act with reference to any matter contained in such publication except by the
order or under the authority of the State government or some officer empowered by the State
Government.

SECURITY FOR GOOD BEHAVIOUR FROM SUSPECTED PERSONS SECTION 109

This Section seeks to check and control the persons who are likely to commits offences. The conditions
precedent for the application of this section, namely
➢
That the person concerned must be taking precaution to conceal his presence and
➢
That there is reason to believe that such person is taking precaution to conceal his presence with a view
to committing a cognizable offence. Proceedings under this section cannot be initiated unless both
these conditions are present.

The Magistrate is expected to make use of them sparingly with utmost care and caution. It is for this reason
that discretion is given to the Executive Magistrate who can accept a bond without sureties.

SECURITY FOR GOOD BEHAVIOUR FROM HABITUAL OFFENDERS SECTION 110

➢
The main object of this section is to protect the public against hardened and habitual criminals.
experience has shown that persons who indulge in offences of anti-social nature such as drug
trafficking, food adulteration, smuggling, hoarding, profiteering, etc deserve greater vigil and control
than those committing offences like theft, perjury, etc. these offences have, therefore to be controlled
by bounding over the offenders who commit such offences. Theses offences are mentioned in Section
110.
 ➢
The information received by the Magistrate making an order under section 110 should not be vague
and it must indicate that the person to be bound over is really a habitual offender or a dangerous or
desperate criminal. Mere use of a bad name to a person in the police report will not be a sufficient
ground to proceed against him under this section.

Q.No.5

EXPALIN THE PROVISIONS REGARDING THE TRANSFER OF CRIMINAL CASES AS

PROVIDED UNDER THE CODE OF CRIMINAL PROCEDURE.

SYNOPSIS:

INTRODUCTION
POWER OF THE SUPREME COURT TO TRANSFER CASES AND APPEALS.
POWER OF THE HIGH COURT TO TRANSFER CASES AND APPEALS.
POWER OF THE SESSIONS JUDGE TO TRANSFER CASES AND APPEALS.
CONCLUSION.

INTRODUCTION:

Sections 406 to 416 of the code deal with the transfer of criminal cases. In the interests of the accused and to
ensure fair trial, the code confers on the accused a right to have his case transferred, when he is doubtful of
fair trial by a particular judge. Independence of courts and impartiality in handling cases are the two attributes
of criminal justice administration in order to ensure fair and impartial trial.

POWER OF THE SUPREME COURT TO TRANSFER CASES AND APPEALS: (SECTION 406)

➢
supreme court has been vested with wide discretionary powers to transfer a case or appeal from one
high court to another or from a Criminal subordinate to one High court to another criminal court of
equal or superior courts.
➢
Such transfer from the supreme court may be made by the on the application from the Attorney-
General of India or Advocate Geneeral of the state or party interested which includes the complainant,
the public prosecutor, accused and even the person who loge the FIR.
➢
The Supreme Court shall exercise the power to transfer a case if the party interested shows that there
are circumstances indicating reasonable apprehensions that fair justice may not be possible in a court
dealing with a case or appeal.
➢
The Supreme Court can order transfer even without the request of the party if it is convicted that such a step is
necessary in the interest of justice.
➢
If the Supreme Court feels that there is something more substantial, more compelling, more imperiling from the
point of view of public justice is necessary for directing a transfer.
➢
Where an application for transfer has been dismissed, and if found to be frivolous or vexatious, the
Supreme Court may order the applicant to pay appropriate compensation not exceeding Rs.1,000/- to
any person opposing the transfer application.

POWER OF THE HIGH COURT TO TRANSFER CASES AND APPEALS: SECTION 407:
➢
This section empowers a High Court to transfer a case suo motto or when the lower court applies for
it or a party so applies to any other court of equal or superior jurisdiction within the state on ay one or
more o the following grounds.
1. When fair and impartial inquiry or trial does not seem possible.
2. Possibility of unusual difficulty on a question of law arising in the case is likely.
3. When the transfer is necessary under ay provision of the code of criminal procedure.
4. For general convinced of the parties or witnesses.
 5. When transfer is deemed necessary to meet the ends of justice.
➢
Where the parties want a transfer of their case to any other court under this section their application
must e accompanied by an affidavit and the public prosecutor should have notice of such transfer at
least 24 hours in advance. The High court may also order the applicant to execute a bond for the costs
of the opposite party.
➢
The proceedings if already initiated by the subordinate court when the application for transfer of case is made
by a party, need not be stayed at that stage unless the high court orders them to be stayed.
➢
The High court while exercising the jurisdiction under this section, may pass any of the following orders
regarding the transfer of cases-
➢
That any case or appeal to be inquired into or tried by a court which is otherwise competent though not
empowered under Section 177 to 185 of the code.
➢
That any case or appeal be transferred to another court or the proceedings be stayed.
➢
That the case be committed to a court of Session; or
➢
That any case or appeal be transferred to High court itself.

POWER OF THE SESSIONS JUDGE TO TRANSFER CASES AND APPEALS; SECTION 108:
➢
Like the High court under section 107, the court of Session may also exercise the power of transfer
cases under this section either suo motto or on the report of the Lower Court or an application of a
party concerned when it deems it expedient to do so in the interest of justice and fair play. However
the power under this section should be judicially and carefully exercised by the session courts.
➢
The provisions contained in sub-sections 3to7 and 9 of Section 407shall be applicable to applications
for transfer of cases made to the court of Session with the only difference that the maximum
co0mpensation awarded for frivolous or vexatious applicants for transfer will not exceed Rs.250/-
instead of Rs.1,000/-.
➢
Under this section, a Session Judge cannot transfer a case which is before a Sub-Divisional Executive
magistrate or pass any interim order in this regard. Such power has been vested in the District magistrate
under Section 411 of the Code.

Q.No.6

DISCUSS THE CONSTITUTION AND POWERS OF JUVENILE JUSTICE BOARD?

SYNOPSIS:
INTRODUCTION
MEANING OF JUVENILE
MEANING OF JUVENILE IN CONFLICT WITH LAW
JUVENILE JUSTICE BOARD
POWERS OF THE JUVENILE JUSTICE BOARD
CONCLUSION

INTRODUCTION: The Act has been enacted with a view to introduce a uniform law relating to Juvenile
justice for due protection an care of children and juvenile adolescents who commit an offence. It also sets out
standard norms for the investigation and trial of juvenile offenders and to establish liaison with the institutions
associated with the welfare of juveniles also enacted in the Juvenile Justice(Care and Protection of Children
Amendment Act 2000 which is in accordance with Standard Rules laid down by the United Nations for
juveniles in conflict with law.

MEANING OF JUVENILE: means a person, who has not completed eighteenth year of age according to
the Juvenile Justice(Care and Protection of Children Amendment Act 2000 Earlier Act of 1986 a Juvenile
meant a male juvenile who had not attained the age of 16 years, and a female juvenile who had not attained
the age of 18years.

MEANING OF JUVENILE IN CONFLICT WITH LAW: means a juvenile who is alleged to have
committed an offence and has not completed eighteenth years of age as on the date of commission of such
offence.

POWERS OF THE JUVENILE JUSTICE BOARD:

Constitution: The Juvenile Justice Board has been constituted for the inquiry and hearing in the case of
juvenile who is in conflict with law. It also lays down the qualifications for the appointments of the members
of the board and conditions for removal.

➢
The state Government within a period of one year from the date of commencement of the Juvenile
Justice(Care and Protection of Children Amendment Act 2006 has by official Gazette, to constitute for
every district one or more Juvenile Justice Boards (JJB) for exercising the powers and discharging the
duties conferred or imposed on such Boards in relation to juveniles in conflict with law.
➢
The Board shall consist of Metropolitan Magistrate or a judicial Magistrate of the First Class, as the
case may be, and two social workers of whom at one shall be a woman, forming a bench and every
bench shall have the powers conferred by the Code of Criminal procedure code.
➢
No Magistrate shall be appointed as a member of the Board unless he has special knowledge or training
in child psychology or child welfare and social worker shall be appointed as a member of the Board
unless he has been actively involved in health, education or welfare activities pertaining to children
for at least seven years.
➢
The term of office of the members of the Board and the manner in which such member may resign shall be such
as may be prescribed.
➢
The appointment of any member of the Board may be terminated after holding an inquiry, by the State
Government, if
• He has found guilty of misuse of power vested under this Act.
• He has been convicted of an offence involving moral turpitude, an such conviction has
been reversed or he has not been granted full pardon in respect of such offence .
• He fails to attend the proceedings of the Board for consecutive three months without
any valid reasons or he fails to attend less than three-forth of the sittings in a year.

Procedure in relation to Board:

• The Board shall meet at such times and shall observe such rules of procedure in regard to the
transaction of business at its meetings as may be prescribed.
• A child in conflict with law may be produced before an individual member of the Board , when the
Board is not sitting.
• A Board may act notwithstanding the absence of any member of the Board and no order made by the
Board shall be invalid by reason only of the absence of any member during any stage of proceedings:

Provided that there shall be at least two members including the principal Magistrate present at the time
of final disposal of the case

• In the event of any difference of opinion among the members of the Board in the interim or final
disposition, the opinion of the majority shall prevail, but where there is no such majority, the opinion
of the principal Magistrate shall prevail.
Powers of Juvenile Justice Board:-

• Where a Board has been constituted for any district such board shall not withstanding anything
contained in any other law for the time being in force but save as otherwise expressly provided in this
Act, have power to deal exclusively with all the proceedings under this Act relating to juvenile in
conflict with law.
• The powers conferred on the Board by or under this Act may also be exercised by the High Court and
the Court of Session, when the proceedings comes before them in appeal, revision or otherwise.

CONCLUSION:
The juvenile justice Board has got many more powers vested in it like making inquiry in relation to the
juvenile and also pass orders regarding the juvenile and further has power to ensure then good behavior of
the juvenile.

Q.No.7

DISCUSS THE POWERS OF THE COURTS TO RELEASE OFFENDERS AFTER ADMONITION

AND ON PROBATION OF GOOD CONDUCT.

SYNOPSIS:

INTRODUCTION
MEANING OF ADMONITION
POWERS OF THE COURT TO RELEASE OF OFFENDERS AFTER
ADMONITION PROBATION OF OFFENDERS ACT AND APPLICABILITY
RELEASE OF OFFENDES UNDER PROBATION OF GOOD CONDUCT
CONCLUSION.

INTRODUCTION:

The word „probation‟ has its origin in Latin word „probate‟ which means to prove or to test. In this system
the offender has to prove worthy of not being punished by his conduct. This concept has developed gradually.
Probation is a condition release of the offender of maintaining good behavior during the period of probation.
The probation can be applied to all kinds of offences yet it is generally applied to offences which are not grave
in nature and to only persons who are under the age of 21 years of age. But however with amendment of
section 562 of Cr.P.C. by putting the words in all suitable cases as the objective of this act is reformative and
the criminals need reformation than the punishment which is the main philosophy of this law.

MEANING OF ADMONITION:

Admonition by a judge means a reprieve and, a censure or a re-proof warning the accused being let-off
that in case of repetition he will be punished severely in accordance with law.

POWERS OF THE COURT TO RELASE THE OFFENDERS AFTER ADMONITION:

According to Section 3 of the Probation of offenders Act, 1956:

1. Any person is found guilty of having committed:

(i) Any offence punishable under section 379 or Section 380 or 381 or 404 or 420 of IPC.
 (ii) Any offence punishable with imprisonment for not more than two years, or with fine, or with both
under the IPC or any other law.
(iii) No previous conviction proved against him.
(iv) The court finding guilty is of opinion that having regard to the circumstances of the case including
the nature of the offence and the character of the offence, it is expedient so to do.

PROBATION OF OFFENDERS ACT AND ITS APPLICABILITY:

By virtue of Section 4 of the Probation of offenders Act the act applies to such offences where the Trial
court convicted the offender but instead of sentencing him ordered to be released on probation. The Act
provides a chance to the offender for his reformation.

POWERS OF COURT TO RELEASE CERTAIN OFFENDERS ON PROBATION OF GOOD

CONDUCT:

• When any person is found guilty of having committed an offence not punishable with death or
imprisonment for life and the court by which the person is found guilty is of the opinion that,
having regard to the circumstances of the case including the nature of the offence and the character
of the offender, it is expedient to release him on probation of good conduct after entering into a
bond with or without sureties, to appear and receive sentence when called upon during such period,
not exceeding 3 years, as court may direct and in the meantime to keep the peace and be of good
behavior.
• The court shall release such offender unless it has not satisfied by the offender or his surety and
enters into a bond.
• Before making an order, the court shall take into consideration the report of the probation officer
concerned in relation to the case.
• When an order is made, the court may, if it is of the opinion that in the interest of the offender and
of the public it is expedient so to do, in addition pass a supervision order directing that the offender
shall remain under the supervision of the probation officer named in the order during such period,
not being less than one year. The supervision order may impose such conditions as it deems
necessary for the due supervision of the offender.
• The court making a supervision order shall require the offender, before he is released, to enter into
a bond, with or without sureties, to observe the conditions specified in such order and such
additional conditions with respect to residence, absentation from intoxicants or any other natter as
the court may have regard to the particular circumstances for preventing a repetition of the offence.
• The court making the supervision order shall explain to the offender the terms and conditions of
the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the
sureties, if any, and the probation officers concerned.

CONCLUSION:

Under section 3 and 4 of the Act the court shall call for a report from the probation officer and consider
the report if any and other information available to it relating to the character and mental conditions of
the offender before releasing him.

Q.No.8
Write Shorts on the Following.

a) Summons
Sections 61 to 69 of Cr.P.C. deal with the summons. Summons may be issued to the accused as well as to
other persons to appear before the court to:-
1) Produce documents or thing
2) To a witness to attend or to produce any document or thing
3) To the accused persons
4) To a witness
Section 61: Form of summons
Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding
officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and
shall bear the seal of theCourt.
Section 62: Summons how served
1. Every summons shall be served by a police officer, or subject to such rules as the State Government may
make in this behalf, by an officer of the Court issuing it or other public servant.
2. The summons shall, if practicable, be served personally on the person summoned, by delivering or
tendering to him one of the duplicates of the summons.
3. Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt
therefore on the back of the other duplicate.
Section 63: Service of summons on corporate bodies and societies:
Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other
principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the
corporation in India, in which case the service shall be deemed, to have been effected when the letter would
arrive in ordinary course of post.
Section 64: Service when persons summoned cannot be found:
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served
by leaving one of the duplicates for him with some adult male member of his family residing with him, and
the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore
on the back of the other duplicate.
Section 65: Procedure when service cannot be effected as before provided:
If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section
64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house
or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such
inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in
such manner as it considers proper.
Section 66: Service on Government Servant:
1) Where the person summoned is in the active service of the Government, the Court issuing the summons
shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head
shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to
the Court under his signature with the endorsement required by that section.
2) Such signature shall be evidence of due service.
Section 67: Service of summons outside local limits:
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it
shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person
summoned resides, or is, to be there served.
Section 68: Proof of service in such cases and when serving officer not present
1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer
who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before
a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed
(in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or
with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be
correct unless and until the contrary is proved.
Section 69: Service of summons on witness by post:
1) Notwithstanding anything contained in the preceding section of this Chapter, a Court issuing a summons
to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the
summons to be served by registered post addressed to the witness at the place where he ordinarily resides or
carries on business or personally works for gain.
2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made
by a postal employee that the witness refused to take delivery of the summons has been received, the Court
issuing the summons may declare that the summons has been duly served.

b) PROBATION OFFICER:

A Probation Officer under this Act shall be:

• A person appointed to be a probation officer by the state government for recognized as such
by the State Government or
• A person provided for this purpose by a society recognized in this behalf by the state
Government
• In any exceptional case, any other person who, in the opinion of the court, is fit to act as
probation officer in the special circumstances of the case.
• A District Magistrate of the district in which the offender for the time being resides may at any
time, appoint any probation officer in place of the person named in the supervision order.

Duties of the Probation officer:

A probation officer shall subject to such condition and restrictions, as may be prescribed:-

• Inquire, in accordance with any directions of the court, into the circumstances or home
surroundings of any person accused of an offence with a view to assist the court in
determining the most suitable method of dealing with him and submit reports to the court.
• Supervise probationers and other persons place under his supervision and where necessary,
endeavor to find then suitable employment.
• To advise and assist offenders in the payment of compensation or costs ordered by the
court.
• To advise and assist, in such cases and in such manner as may be prescribed, persons who
have been released under Section 4
• Perform such other duties as may be prescribed.

Q.No.9
Solve the Following Problems.

a) A first class magistrate convicts ‘X’ on his plea of guilty. ‘X’ desires to appeal against the conviction.
Decide.
Ans:
Section 375 of Cr.P.C provides no appeal shall lie when accused pleads guilty. According to this section where
an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the
conviction is by a High Court or if the conviction is by a Court of Session, Metropolitan Magistrate or
Magistrate of the first or second class, except as to the extent or legality of the sentence.
The section is based on the principle that a plea of guilty by an accused person operates as a waiver of right to
question the legality or his conviction on such a plea. But before applying the bar provided in this section
against a convicted person, it must be ascertained that the plea of his guilt has not been obtained by trickery,
and that it is a genuine plea. It must be stated that a person when pleading guilty, does not commit himself to
accept the punishment that would be passed against him irrespective of its nature and legality. Therefore, there
is no reason to deny him the right to challenge the extent or legality of the sentence by way of appeal. However,
this section denies the accused who has pleaded guilty right to appeal in cases conviction is by a High Court
or if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or
second class.In the given problem a first class magistrate convicts „X‟ on his plea of guilty. So „X‟ cannot
prefer appeal against the conviction except as to the extent or legality of the sentence.

b) ‘A’ an accused is produced before the Magistrate after the expiry of 24 hours of his arrest. He seeks
his release on the ground that production of him before the Magistrate after 24 hours of his arrest
rendered the custody illegal. Decide.
Ans.
According to Section 57 of Criminal Procedure Code1973 deals with person arrested not to be detained more
than twenty-four hours. No police officer shall detain in custody a person arrested without warrant for a longer
period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of
a special order of a Magistrate under Section 167, exceed twenty four hours exclusive of the time necessary
for the journey from the place of arrest to the Magistrate‟s Court.
In the case of Sharifbai v. Abdul Rajak, AIR 1961 Bombay 42, it was held that where a police officer fails to
produce an arrested person before a Magistrate within 24 hours of the arrest, he shall be held guilty of the
offence of wrongful detention. In the said problem accused was produced before the magistrate after 24 hours
of his arrest and he seeks his release on the ground that production of him before the magistrate after 24 hours
of his arrest rendered the custody illegal. He has fundamental right under Indian Constitution as well and
According to Article 22(2) of Indian Constitution every person who is arrested and detained in custody shall
be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the
time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall
be detained in custody beyond the said period without the authority of a magistrate. So he can seek his release
on the ground that production of him before the Magistrate after 24 hours of his arrest rendered the custody
illegal.
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