Code of Criminal Procedure

Section 2 defines all fundamental terms used in the CrPC. Key definitions: (i) Cognizable offence — police can arrest without a warrant (e.g., murder, dacoity, rape). (ii) Non-cognizable offence — police need a warrant or Magistrate's order to arrest (e.g., cheating, defamation). (iii) Bailable — bail is the right of the accused. (iv) Non-bailable — bail is at the court's discretion. (v) Summons case — offences punishable up to 2 years. (vi) Warrant case — offences punishable with more than 2 years or death/life imprisonment. (vii) Complaint — an allegation to a Magistrate (does not include a police report). NOTE: Unlike BNSS, the CrPC definition of "document" did not explicitly include "electronic record" — this was a significant gap addressed by BNSS.

Section 41 as amended in 2008 significantly tightened the power of police to arrest without warrant. For offences up to 7 years: police MUST record reasons WHY arrest is necessary (to prevent further offence, protect evidence, ensure court appearance, etc.) — a presumption against unnecessary arrest. For offences over 7 years: police can arrest if they reasonably believe the information is true. For non-cognizable offences: no arrest without a Magistrate's warrant. This section was a major tool to address arbitrary arrests and was the basis for D.K. Basu guidelines codification.

Arrest means physically touching or confining the person. If they submit voluntarily, no touching needed. For women: presumed submission on oral intimation; no physical touching by male officers unless necessary; and no arrest after sunset / before sunrise except by female officer with prior Magistrate permission. Police cannot use lethal force to arrest someone accused of non-capital offences.

When police arrest a person without a warrant: (i) They MUST immediately tell the person the full details of the offence or reasons for arrest. (ii) If the offence is bailable, they must also tell the person that they have a right to bail and can arrange sureties. This right is also a constitutional right under Article 22(1) of the Indian Constitution — failure to comply can make the arrest illegal.

An arrested person cannot be kept in police custody for more than 24 hours without being produced before a Magistrate. The 24 hours excludes travel time to the Magistrate's court. After 24 hours, the Magistrate can either grant bail, remand to police custody (up to 15 days under S.167), or commit to judicial custody. This is also guaranteed under Article 22(2) of the Indian Constitution.

Section 154 is the FIR provision. The CrPC version requires: (i) Oral information to be reduced to writing and read back to the informant. (ii) Must be signed by the informant. (iii) Entered in the station diary. (iv) Free copy to the informant. (v) For sexual offence victims: female officer must record; for disabled victims: recorded at their residence/choice of venue, video-graphed. (vi) If police refuse to register FIR, inform the Superintendent of Police in writing. LIMITATION vs BNSS: CrPC does not permit electronic FIR or telephonic FIR. Zero FIR was a judicial practice, not statutory. FIR is one of the most important documents in Indian criminal procedure — an FIR registered under S.154 is used as evidence and can be treated as a dying declaration if the informant later dies.

During investigation, police can examine any witness orally. Witnesses must answer all questions truthfully — except questions that would incriminate themselves (right against self-incrimination under Article 20(3)). Police may record the statement in writing. NOTE: Statements under S.161 are NOT admissible directly as evidence in court but can be used to contradict the witness in cross-examination. This differs from confessions/statements recorded before a Magistrate under S.164, which are admissible.

Confessions and statements recorded before a Magistrate under S.164 are admissible in court as evidence (unlike S.161 police statements). Key procedure: (i) Magistrate must warn the person they are not obliged to confess. (ii) Must confirm the confession is voluntary. (iii) If the person refuses, they cannot be sent back to police custody. (iv) Must be signed and witnessed by the Magistrate with a specific endorsement. For sexual offence victims, the statement must be recorded in the manner prescribed by the State Government, with assistance for disabled victims. S.164 statements are crucial in cases where the victim may later turn hostile or pass away.

Section 173 deals with the police Final Report (chargesheet) submitted to the Magistrate after investigation. The report (chargesheet / closure report) must include: names of parties, nature of information, witnesses, whether an offence was committed and by whom, arrest details. Police can still investigate further even after filing a chargesheet. LIMITATION: CrPC S.173 does not specify any time limit for completing investigation — this was a major gap addressed by BNSS S.53 which introduced 60/90 day/1 year limits.

A Magistrate "takes cognizance" of an offence when they formally begin examining the matter. Cognizance can be taken in three ways: (i) Based on a complaint (by a private person); (ii) Based on a police report / chargesheet (S.173); (iii) Based on information from any other source or the Magistrate's own knowledge. Taking cognizance is the crucial step that kicks off the formal court proceedings — before this, only investigation happens.

Judges, Magistrates, and senior government officials cannot be prosecuted for acts done in the exercise of their official duty without prior sanction from the Central or State Government (as applicable). For Armed Forces personnel, Central Government sanction is needed. This protection is to shield officials from frivolous prosecution — but it has also been criticised for enabling impunity. The Supreme Court has held this protection does not apply to acts that are clearly outside official duty.

At the commencement of a Sessions trial, if the judge reviews the case record (police report, statements, documents) and concludes there is insufficient ground to proceed, the accused is discharged. Discharge is not the same as acquittal — the charges are simply dropped at the threshold before trial. Reasons must be recorded. This is an important safeguard against frivolous prosecutions reaching full trial.

If after reviewing the case, the Sessions Judge believes there is ground (prima facie case) to proceed against the accused, they frame the charge in writing. The charge is read out and explained to the accused. The accused then pleads guilty (conviction follows) or claims to be tried (full trial begins). Framing of charge means the Sessions Judge is satisfied there is enough for a trial — it is not a finding of guilt.

After all evidence and arguments are complete, the Sessions Judge delivers the judgment — either acquittal or conviction. Importantly, if convicted, the accused must be HEARD on the question of sentence before the sentence is imposed. This is the principle of "pre-sentence hearing" — giving the convict a chance to explain mitigating circumstances (family responsibility, age, health, etc.) before the final sentence is announced.

Once acquitted or convicted by a competent court, a person cannot be tried again for the same offence. This is the "double jeopardy" principle, also enshrined in Article 20(2) of the Indian Constitution ("no person shall be prosecuted and punished for the same offence more than once"). Exceptions: (i) If the first court was not competent, a re-trial is possible. (ii) If consequences of an act that constituted a more serious offence happened after the first conviction (e.g., victim dies later), a fresh trial for the graver offence is allowed.

Section 313 gives the court power to question the accused about incriminating evidence in the prosecution's case. Key protection: the accused is NOT administered an oath and CANNOT be punished for refusing to answer or for giving false answers. This protects against forced self-incrimination. However, silence or false answers can be used against the accused. The S.313 examination is a crucial step — if the court fails to put an incriminating circumstance to the accused, it cannot be used against them in the judgment.

Compounding means the complainant and accused settle the matter out of court. For compoundable offences (mainly personal/private offences like hurt, defamation, cheating), the parties can agree to compound (settle) and the court will acquit the accused. Two categories: (i) Compoundable without court permission (less serious — any stage); (ii) Compoundable only with court permission (more serious). NOTE: Serious offences like murder, rape, and dacoity are NOT compoundable. When an offence is compounded, it results in acquittal — so the person cannot be tried again.

The Public Prosecutor (PP) can withdraw from prosecution with the court's consent at any time before judgment. This is a key executive power over prosecution. If withdrawn before charge is framed — accused is discharged. If withdrawn after charge is framed — accused is acquitted. For CBI/Central Government cases, the Central Government must give written consent for withdrawal. Courts have held that the PP must apply an independent mind and consent cannot be mechanical — a politically motivated withdrawal can be challenged.

Courts can order convicted persons to pay compensation to victims out of the fine imposed. Even where no fine is part of the sentence, the court can separately order compensation. Compensation under S.357 can cover: prosecution costs; loss/injury to victim; death compensation under Fatal Accidents Act; losses from theft/cheating. Appellate and revisional courts can also pass S.357 orders. Any amount paid under S.357 is taken into account if the victim later files a civil suit.

The right of appeal against conviction: (i) High Court conviction — appeal to Supreme Court. (ii) Sessions/Additional Sessions Court conviction, or where imprisonment is more than 7 years — appeal to High Court. (iii) Magistrate's Court conviction — appeal to Sessions Court. The right to appeal is a statutory right — it does not automatically exist (unlike in some common law systems) — there is no inherent right of appeal in Indian criminal law. Each tier of the court system has a specific appellate forum.

The High Court and Sessions Court have supervisory/revisional powers over inferior courts. They can call for the records of any lower court to examine whether: (i) The finding is correct; (ii) The sentence is legal; (iii) The order is proper; (iv) The proceedings were regular. Revision is not an appeal — it is supervisory jurisdiction. It is available only against final orders, not against interlocutory (interim) orders. A person can file revision either in the High Court or Sessions Court, not both.

For non-bailable offences, bail is at the court's discretion. A Magistrate cannot grant bail if: (i) there are reasonable grounds to believe the offence is punishable with death or life imprisonment; (ii) the accused is a habitual offender. Exceptions: those under 16, women, sick or infirm persons may still get bail. After 60 days without trial commencing, the accused can seek bail as a matter of right (S.437(6)). Bail conditions for serious offences (7+ years): must attend, must not commit similar offences, must not tamper with witnesses.

Section 438 is the famous "Anticipatory Bail" provision. A person who REASONABLY APPREHENDS arrest (not yet arrested) can apply to the High Court or Sessions Court for bail in advance. If granted, the person is released on bail when actually arrested. Standard conditions include: availability for interrogation, no witness tampering, no foreign travel without permission. CRITICAL: Anticipatory bail is NOT available in death/life imprisonment cases, or in certain POCSO cases involving children under 16. Anticipatory bail is a major protection against malicious arrests — it has been the subject of numerous landmark Supreme Court judgments (Gurbaksh Singh Sibbia, Sushila Aggarwal).

The High Court and Sessions Court have broad powers to grant bail in any case — including cases where a Magistrate has already refused bail. They can also modify or set aside bail conditions imposed by a lower court. For serious offences (Sessions exclusive, or life imprisonment), the Public Prosecutor must be notified before bail is granted. These courts can also cancel bail and order re-arrest. This is a powerful supervisory jurisdiction over bail orders of lower courts.

Section 482 is one of the most powerful and widely invoked provisions in Indian criminal law. It preserves the inherent powers of the High Court to: (i) Give effect to any order under the CrPC; (ii) Prevent abuse of court process; (iii) Secure the ends of justice. Under S.482, High Courts regularly quash FIRs, stay proceedings, and give relief in cases where strict application of law would cause injustice. The section has no counterpart in the Sessions Court. The Supreme Court has laid down detailed guidelines on when S.482 should and should not be used (State of Haryana v. Bhajan Lal, 1992 — seven categories where FIR can be quashed).