Note of Cr. P. C for BA LLB -5 years course 6th sem.

The Code of Criminal Procedure,1973:- The Provision of the Cr,P C provide for an early investigation and for a speedy and fair trial’s. P C 1973 was enacted to consolidate and amend the law relating to criminal procedure. All matters included in Cr. P C at the time of commencement of the constitution finds places in term of the list -3. Evidently therefore the state legislature has the requite power to make law amending the Cr. P C -1973 subject to the other provisions of Const. (AIR 1988 Pat-309).
Where a statute releating to Cr. P C is altered or repeated any proceeding commenced after the amendment or repeal would be governed by new procedure 1970 Cr. L. J 421(Goa).
Definitions:-
In this code , unless the context otherwise requires:-
a) Bailable Offence:- means an offnce which is shown as bailable in the Ist schedule or which is made bailable by any other law for the time being in force, and non-bailable offence means any other offence.
New Cr. P C -1973:-Changes made in new Cr. P C 1973 can be senile under from heads and these changes were made for ensure fair trail. In court to void needless delay to offered . Defect and fact related to power sections of society and many other miscellaneous changes:-
So the changes were made in following heads,
i) To ensure fair trails
ii) To avoid needless clearly in proceedings
iii) To afford relief and facilities to the pros
iv) Miscellaneous sections.
To Ensure Fair Trails.
What is Trail?:-Trail means U/S 147 and 153-A read with S.149 of IPC which pertain to unlawful assembly and inciting communal hatered among others. Judiciary made, separate for enealratecture sating criminal court all over India.
Judge:- The u/s Cr P C can be exercise by him only when presides over the court having raisin a case. Finally he becomes fumousofico when he disposed of the case finally a judge is empowered by law to give in judicial proceedings, civil or criminal, a legal/ judgment in a person who is officially designated.
Magistrate:- i. As soon as a person is appointee as Magistrate . he is vested with power irrespective of the fact whether he holds the court or not :
i) Maintain Law and order
ii) Assists Investigation
iii) The committing magisterial
iv) A court but not a Judge according to III(d) of S… of IPC.
Cognizable Offence:- means a offence for which a Police Officer may arrest without warrant.
Non- cognizable Offence:- means a offence for which a police officer may arrest with warrant.
Bails:- means releasing an arrested person from legal custody, until his trail is completed.
Investigation:- According to S.2(h):- all the proceeding under this code for collection of evidence conducted by police officer or by any person(Other than magistrate) who is authorized by a magistrate in this behalf. Investigation proceeds Inquiry. S-159 empower a magistrate , on receipt of a police report U/S-157 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 trail, Thus Inquiry proceeds trails.
Inquiry and Trail:-An Inquiry does not necessary means an Inquiry into an offence, it may relate to matters which are not offence. For instance an Inquiry may be madder in disputes as to Immovable Property with regards to possession public nuisance or for the maintained of wives and children.
Trails is always in the case of an offence. An Inquiry in respect of an offence never ends in conviction or acquittal, at the most… may result in discharge or committed of the case to session at on the other hand, when tails is over, it must invariably end in acquittal or conviction of the accused.
Meaning of Conviction:- under sub section(i) (2) and (3) of S.8 is disqualification starts from the date of conviction. As held by SC in “Rama Narang”case 1995(2) SCC513 unlike under the repeated code of Cr. P C 1888, the new ode of 1973 provides for two stages in trials.
Ist:- Recording a finding of guilt and second questionery the accused on the question of sentence and delivering the Judgment. Imposing sentence , the recording of the finding is not an order or Judgment and is not appeasable. The appeal provision in the Cr., P C 1973(here after referred to as code) also make this clear. A Judgment where a person is found guilty and sentenced is called ‘conviction” and a Judgment finding not guilty is called” Acquittal”.
Constitution of Criminal Courts and others
Classes of Criminal Courts:- Besides the High courts and its courts constituted under any law, other than this code, there shall be every state, the following classes of Cr. Courts namely:-
a) Court of Sessions
b) Judicial Magistrate of Ist class and, in any metropolitan area, Metropolien Magistrate]
c) Judicial Magistrate
d) Executive Magistrate
Territorial Divisions:- i. Every state shall be a sessions divisions or shall consists of session divisions, and every session divisions shall, for the purpose of this code, be a distt. Or consists of districts:
Provides that every metropolitan area shall, for said purposes, be a separate sessions division and districts.
That state govt. may, after constitution with high court after the limits or the number of such divisions and districts.
the state govt. may, after consultation with high court divide any distt. Into sub division and may aftr the limits or the number of such sub-divisions.
The sessions divisions, distt. And sub-divisions existing in a state at the commencement of this code, shall be deemed to have both formed under this section.