1.The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India.

It was enacted in 1973 and came into force on 1 April

1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and
the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
At present, the Act
contains 528 Sections, 2 Schedules and 56 Forms. The Sections are divided into 37 Chapters.
2.PROBATION: S.360 of The Code of Criminal Procedure, 1974. It reads as follows:- When any person not under twenty-one years of age is convicted of an offence punishable with fine
only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or
imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or
antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the
Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when
called upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace and be of good behaviour.
SECTION 4 OF THE ACT
PROVIDES FOR PROBATION.:
S.4 Power 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 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, then, notwithstanding anything contained in any other
law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to
appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour.
3.INQUIRY: Inquiry according to the Code includes every inquiry other than a trial conducted under this Code, by a Magistrate or court. It relates to proceedings of Magistrates prior to
trial. [Section 2 (g)] Section 159 of the Code empowers a Magistrate on receipt of a police report under Section 157, Cr.P.C. to hold a preliminary inquiry in order to ascertain whether an
offence has been committed and, if so, whether any persons should be put upon their trial.
In cases triable by the court of sessions and commitment proceedings take place before a
Magistrate, which are in the nature of an inquiry preparatory to sending the accused to take his trial before the Court of Session.
The Magistrate in such cases is bound either to
discharge the accused or commit him for trial, but he has no power to declare an accused either guilty or innocent of the offence with which he is charged.
An inquiry is also by a
Magistrate in cases triable by himself under S. 202 of the Code. On a complaint being filed before a Magistrate, he examines the complainant and the witnesses on oath in order to find
out whether there is any matter which calls for investigation by a criminal court.
The Magistrate may not act on the complaint and dismiss it if he distrusts the statements of the
complainant and the witnesses and the result of the investigation or inquiry does not establish sufficient ground for proceeding. All these proceedings are in the nature of inquiry.
4.INVESTIGATION: Investigation, according to the Code, includes all proceedings under it for the collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf. [Section 2 (h)]. Investigation consists of steps taken by a police officer other than a Magistrate to ascertain whether any
offence has been committed at all and, if so, by whom and what is the evidence on which the prosecution can be based. Investigation can also be made by a person specially authorized
by a Magistrate to do so. The case is only started if investigation by the police reveals that an offence has been committed by the accused, otherwise not.
5.Trial:
The term trial has not been defined in the Code. It is the examination and determination of a cause by a judicial tribunal which has jurisdiction over it. It is a judicial proceeding which
ends in conviction or acquittal but not discharge.
In a warrant case the trial begins with the framing of the charge when the accused is called upon to plead thereto : but in a
summons case, as if is not necessary to frame a formal charge, the trial starts when the accused is brought before the Magistrate and the particulars of the offence are stated to him. In
a case exclusively triable by a court of session the trial begins only after the committal proceedings by the Magistrate. The term trial includes appeal and revision, which are a
continuation of the first trial.
The function of a court in a criminal trial is to find out whether the person arraigned before it as the accused is guilty of the offence with which he is
charged. For this purpose it scans the material on record to find whether there is any reliable and trustworthy evidence on the basis of which it is possible to found the conviction of the
accused and to hold that he is guilty of the offence with which he is charged.
C/law: Harchand Singh v. State of Haryana, 1975 (1) S.C.J. 102
6.SUMMONS & WARRANT CASES: As per Section 2(w), "summons-case" means a case relating to an offence, and not being a warrant-case and as per Section 2 (x), "warrant-case"
means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Cr P C classifies an offence as either cognizable
or non-cognizable, and a trial procedure as summons case or warrant case.
Thus, the terms summons case and warrant case are in reference to the procedure adopted for the trial of
the case. The difference between the two can be seen from the point of view of their trial procedures as given below:
Cr P C prescribes only one procedure for all summons
cases, whether instituted upon a police report or otherwise.
But Cr PC prescribes two procedures for the trial of a warrant case my magistrate - one for case instituted upon a
police report and one for case instituted otherwise than on a police report.
In a summons case No charge needs to be framed only the particulars of the offence needs to be
conveyed to the accused.
Whereas in a warrant case, a charge needs to be framed against the accused.
In summons case, as per S. 252, if the accused pleads guilty, the
magistrate must record the plea of the accused and may, in his discretion, convict him on such plea.
In Warrant case, as per S. 241, after the charge is framed, the accused may
plead guilty and the magistrate may convict him on his discretion.
In summons case, the Accused my plead guilty by post without appearing before the magistrate.
However in
Warrant case, the Accused must appear personally.
In summons case, the accused may be acquitted, if the complainant is absent or if the complainant dies.
In the case of
Warrant case, the Magistrate can discharge the accused if complainant is absent, or no charge is framed, or if the offence is compoundable and non cognizable.
In Summons case, the
complainant may, with the permission of the court, withdraw the complaint against the accused.
In a warrant case, the complainant may, with the permission of the court,
withdraw the remaining charges against an accused, if he is charged with several offences and convicted on one or more of them.
When a warrant case is tried as a summons case
and if the accused is acquitted under S. 255, the acquittal will only amount to discharge.
When a summons case is tried as a warrant case and if the accused is discharged under S
245, the discharge will amount to acquittal.
Trial of a warrant case as a summons case is a serious irregularity and the trial is vitiated if the accused has been prejudiced.
Trial of a summons case as a warrant case is an irregularity which is curable under Section 465.
A summons case cannot have charges that require a warrant case.
A warrant
case

may contain charges that reflect a summons case.

In summons case the Accused gets only one opportunity.
Whereas in warrant case, the Accused may get more than one
opportunity to cross-examine the prosecution witness. A charge under a warrant case cannot be split up into its constituents for trial under summons case.
In a warrant case, after
convicting the accused, the magistrate may take evidence regarding previous conviction not admitted by the accused.
However, in a summons case, No such power is available to
the magistrate.
All cases which are not punishable by death, imprisonment for life, or for more than two years are summons cases.
All cases which are punishable by death,
imprisonment for life, or for more than two years are warrant cases.
As per Section 259, a summons case can be converted into a warrant case if the case relates to an offence
that
entails more than 6 months of imprisonment as punishment and the judge feels that in the interest of justice it the case should be tried as a warrant case.
A warrant case cannot
be converted into a summons case.
7. Bailable / non bailable offences: The offences committed by an accused fall under two categories: 1.Bailable offences: When any person accused for a bailable offence is
arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer
or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.
In case of a bailable offence bail is a matter of right If such officer or Court,
thinks it fit such person maybe released on a personal bond without sureties. In case of bailable offence, one has to only file the bail bonds and no application is required.
2.Non-bailable offences :
In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and application has to be made in
court to grant bail.
1.When a person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of
a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but Provided that the Court may direct that a person
referred to in clause (i) or clause (ii) as above, be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may
also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an
accused may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and
gives an undertaking that he shall comply with such directions as may be given by the Court.
A. such person shall not be released if there appear reasonable grounds for believing
that he has been guilty of an offence punishable with death or imprisonment for life;
B. such person shall not be so released if such offence is a cognizable offence and he had
been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more
occasions of a non-bailable and cognizable offence :
2.If it appears to such officer or Court at any stage of the investigation; inquiry or trial, as the case may be, that there are not
reasonable grounds for believing that the accused has committed non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to
the provision of section 446-A and pending such inquiry, be released on bail or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his
appearance as hereinafter provided.
3.When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or
more or of an offence under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released
on bail under sub-section (!), the Court may impose any condition which the Court considers necessaryA.in order to ensure that such person shall attend in accordance with the
conditions of the bond executed under this Chapter, or
B. in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the
commission of which he is suspected, or
C. otherwise in the interests of justice.
4.An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2),
shall record in writing his or its reasons or special reasons for so doing.
5.Any Court, which has released a person on bail under sub-section (1) or sub-section (2), may, if it
considers it necessary so to do, direct that such person be arrested and commit him to custody.
6.If, in any case triable by a Magistrate, the trial of a person accused of any nonbailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is if custody during the whole of the said
period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
7.If, at any time after the
conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the
accused is not guilty of any such offence, it shall release the accused if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment deliver
8. What is criminal complaint?Section 2 (d) of the Code of Criminal Procedure (in short Cr PC) defines the term complaint as any allegation made orally or in writing to a Magistrate,
with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation: - A
report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by
whom such report is made shall be deemed to be the complainant.
Every day experience of the Courts shows that many complaints are ill founded, and it is necessary .
therefore that they should at the very start be carefully considered and those which are not on their face convincing should be subjected to further scrutiny so that only in substantial
cases should the Court summon the accused person. An order summoning a person to appear in a court of law to answer a criminal charge entails serious consequences. Therefore,
Sections 200 to 203, Cr PC have been enacted for weeding out false, frivolous and vexatious complaints aimed at harassing the accused person. However, these sections are exclusively
applicable in cases where the cognizance is taken on a complaint under Section 190 (1)(a), Cr PC. Such special procedure is not needed in cases where cognizance has been taken on a
police report under Section 190 (1) (b) of Cr PC.
9. Fair Trial:
The concept of fair trial is based on the basic ideology that State and its agencies have the duty to bring
the offenders before the law. In their battle against crime and delinquency, State and its officers cannot on any account forsake the decency of State behaviour and have recourse to
extra-legal methods for the sake of detection of crime and even criminals. For how can they insist on good behaviour from other when their own behaviour is blameworthy, unjust and
illegal? Therefore the procedure adopted by the State must be just, fair and reasonable. The Indian courts have recognised that the primary object of criminal procedure is to ensure a
fair trial of accused persons.[iii] Human life should be valued and a person accused of any offence should not be punished unless he has been given a fair trial and his guilt has been
proved in such trial.
In Zahira Habibullah Sheikh and ors v. State of Gujarat and ors.[iv] The Supreme Court of India observed each one has an inbuilt right to be dealt with
fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as it is to the victim and to society. Fair trial obviously would mean a trial before an impartial judge, a fair
prosecutor and an atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the witness or the cause which is being tried, is eliminated.
The right to a fair trial is a fundamental safeguard to ensure that individuals are protected from unlawful or arbitrary deprivation of their human rights and freedoms, most importantly of
the right to liberty and security of person

10.CHARGE SHEET: The investigating officer collects material from all sides and prepares a report, which he files in the court as charge-sheet. The charge-sheet is nothing but a final
report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein
are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient
evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the
Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied
with all the documents and statements of witnesses required by Section 175(5). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the
details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case
by adducing acceptable evidence. CASE LAW;(K.VEERASWAMI vs UNION OF INDIA (1991) 3 SCC 655)
11.CHARGE Section 2(b): Charge means to prefer an acusation against
some one. To charge a person means to accuse that person of some offence. However, charge is not a mere accusation made by a complainant or an informant. A charge is a formal
recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused. A charge is drawn up by a court only when the court is
satisfied by the prima facie evidence against the accused. The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend
himself. A charge gives the accused accurate and precise information about the accusation against him. A charge is written in the language of the court and the fact that the charge is
made means that every legal condition required by law to constitute the offence charged is fulfilled in the particular case.
It is a basic principle of law that when a court
summons a person to face a charge, the court must be equipped with at least prima facie material to show that the person being charged is guilty of the offences contained in the
charge. Thus, while framing a charge, the court must apply its mind to the evidence presented to it and must frame a charge only if it is satisfied that a case exists against the accused.
In the case of State vs Ajit Kumar Saha 1988, the material on record did not show a prima facie case but the charges were still framed by the magistrate. Since there was no application
of mind by the magistrate, the order framing the charges was set aside by the High Court.
According to Section 2(b) of Cr P C, when a charge contains more than one heads, the
head of charges is also a charge. Contents of a Charge:
Section 211 specifies the contents of a Charge as follows [ONDSLP] (1) Every charge under this Code shall state the
offence with which the accused is charged.
(2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3) If
the law that 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.
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
(5) 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.
(6) The charge shall be written in the
language of the court.
(7) 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.
12Public Prosecutor: means any person appointed under section 24, and includes any person acting under the directions of a Public
Prosecutor.
There are several classes of public prosecutors: (section 24 read with Section 2(u) of Cr.P.C) 1.Public Prosecutor appointed by the Central Government, and
2.Public Prosecutor appointed by the State Government, under Sub-s(1)
3.Public Prosecutor, and
4.Additional Public Prosecutor, appointed by the State Government under
sub-s (2)
5.Special Public Prosecutor appointed by the Central Government, and
6.Special Public Prosecutor, appointed by the State Government, under sub-s (6)
7.The public prosecutor is an important officer of the state government and is appointed by the state government under the provisions of criminal procedure code .
The function of
the public prosecutor relates to a public purpose entrusting him with the responsibility of acting only in the interest of administration of justice. In the case of public prosecutors this
additional public element flowing from statutory provisions in Cr.P.C., undoubtedly, invest the PP with the attributes of holder of a public office which cannot be whittled down by the
ascension that their engagement is purely professional between a client and his lawyer with no public element attaching it.
The appointment og prosecutor is a compelling
constitutional/administrative necessity, the court cannot refuse to appoint prosecutor merely on the ground of financial constraint and also stop or stay criminal trial.
The
purpose of a criminal trial is not to support, at all costs a theory, but to investigate the offence and to determine the guilt or innocence of the accused, and the duty of a public
prosecutor is to represent not the police, but the state and his duty should be discharged by him fairly and fearlessly, and with a full sense of the responsibility that attached to his
position.
13.arrest :Section 41 of CRPC- When police may arrest a person without a warrant
As per Section 41 the following are the circumstances in which a Police
officer can arrest a person without a warrant. Provisions in the Code of Criminal Procedure 1973 are:
(1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person-(a)
who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been so concerned; or
(b)
who has in his possession without lawful excuse, the burden of proving which excuse shall lie
on such person, any implement of house-breaking; or
(c)
who has been proclaimed as an offender either under this Code or by order of the State Government; or
(d)
in
whose possession anything is found which may reasonably be suspected to be stolen

property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(e)
who obstructs a police officer while in the execution of his
duty, or who has escaped, or attempts to escape, from lawful custody; or
(f)
who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g)
who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having
been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to
extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h)
who, being a released convict, commits a breach of any rule made under sub-section
(5) of section 356; or
(I)
for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person
to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who
issued the requisition.
(2)
Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the
categories of persons specified in section 109 or section 110.
Section 42: of CRPC- Arrest on refusal to give name and residence:
The police have the power to
arrest a person if he refuses to give correct name and residential address. Police can arrest him to identify the actual place of residence. If it is a non cognizable offence, he may get bail
by completing necessary formalities or with the help of sureties. Provisions in the Code of Criminal Procedure 1973 are:
Section 42(1): of CRPC - Arrest of a person who does
not give name and address:
When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on
demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that
his name or residence may be ascertained.
Section 42(2): of CRPC - Release of a person arrested:When the true name and residence of such person have been ascertained,
he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be
secured by a surety or sureties resident in India
Section 42(3): CRPC - Person should be produced before the nearest magistrate within 24 Hours: Should the true name and
residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall
forthwith be forwarded to the nearest Magistrate having jurisdiction.
Section 43: of CRPC- Arrest by Private person and procedure on such arrest: A private person also has
the authority to arrest a person in some cases. A private person has full power to arrest a person in the following cases. Provisions in the Code of Criminal Procedure 1973 are:
Section 43(1): of CRPC : Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed
offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or
cause him to be taken in custody to the nearest police station.
Section 43(2): of CRPC If there is reason to believe that such person comes under the provisions of section 41, a
police officer shall re-arrest him.
Section 43(3) of CRPC : If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a
police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42;
but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
Section 44 CRPC- Arrest by Magistrate: A Magistrate has
Judiciary Power and can arrest any person in the following circumstances. Provisions related to arrest by Magistrate in Code of Criminal Procedure 1973 are:
Section 44(1) of
CRPC : When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest
the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
Section 44(2) of CRPC:
Any Magistrate, whether
Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.
14.BAIL SECTIONS 440 TO 450 :The purpose of arrest and detention of a person is primarily to make sure that the person
appears before the court at the time of trial and if he is found guilty and is sentenced to imprisonment, he must be made available to serve his sentence. However, if it is reasonably
evident that the person charged with an offence can be made available for the above mentioned purposes without keeping him imprisoned, then it is unfair to keep him in custody until
his guilt is proven. It is a violation of a person's fundamental right to restrict the person's liberty without any just cause. S.440: amount of Bond to be executed should be fixed having
due regard to circumstances of each case and should not be excessive. The HC / Sessions courts have powers to reduce the Bail amount fixed by Police / Magistrates.
S.441(1):
Before a person is released on Bail, he has to execute a Bail Bond of such amount as fixed by the Police / Court. And when he is about to release on Bond, one or more sureties shall also
execute a Bond with the condition that said person will attend the court. (2) the Bail Bond shall contain the conditions on which the person was released.
S.442: discharge from
custody: as soon as Bond has been executed.
S.443: Taking sufficient Bail
S.444: discharge of sureties: by making an application to the concerned court.
S.445:
Deposit instead of recognizance: imposing cash security not permissible in law, however when the accused insists, the court can accept cash security.
S.446: Procedure when
Bond has been forfeited.
S.446A: Cancellation of Bail Bond.
S.447: insolvency or death of a surety.
S.448: Bonds in cases of Minor.
S.449: Orders passed under
section 446 are appealable to the higher court.
S.450: levy of amount on certain recognizance.