CRIMINAL PROCEDURE CODE

GENERAL PROVISIONS

OFFENCE
Any act or omission made punishable by law
for the time being in force.

CASE
A proceedings for prosecution of a person
alleged to have committed an offence.
The proceeding at the end must result in
discharge, conviction or acquittal.

CLASSIFICATION OF OFFENCES
Cognizable and non-cognizable offences
Bailable and non-bailable offences
Compoundable and non-compoundable
offences.
Warrant cases and Summon cases

COGNIZABLE OFFENCE
An offence for which a police officer
May arrest without warrant and
Can investigate without any order or
direction of a Magistrate.

NON-COGNIZABLE OFFENCE
An offence for which there can be
No arrest without warrant and
No investigation without the orders of the
Magistrate.

BAILABLE OFFENCE
An offence wherein bail is granted as a
matter of course by police officer or by court

NON-BAILABLE OFFENCE
An offence wherein bail is granted at the
discretion of the court or the authorities
concerned.

COMPOUNDABLE OFFENCE

An offence wherein the accused

enters into an agreement
with the victim of the offence
to pay some gratification or consideration
for not prosecuting the accused.

NON-COMPOUNDABLE OFFENCE
An offence which cannot be compounded.

WARRANT CASE
A case relating to an offence punishable
with
death,
imprisonment for life or
imprisonment for a term exceeding two years.

SUMMONS CASE
A case relating to an offence which is not
a warrant case

INVESTIGATION
Includes all the proceedings under the Code
for 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.

INQUIRY
Every inquiry other than trial conducted by
a Magistrate or Court.
It is never conducted by police.
It aims at determining the truth or falsity of
certain facts.
It is a judicial proceeding and oath can be
administered to the persons to be
examined in the course of an inquiry.

TRIAL
The judicial process
in accordance with law
whereby the question of guilt or innocence
of the person accused of an offence is
determined.

ARREST
The restraining of the liberty of mans person
In order to
compel obedience to the order of a court or
prevent the commission of a crime or
ensure that the person charged or suspected of a
crime may be forthcoming to answer it.

Arrest is when one is taken and restrained

from his liberty.

CUSTODY
Custody denotes surveillance or
restriction on the movement of a person.
It is complete in the case of arrest.
It may also be partial.

REMAND
Remand send back
remand to custody in a magisterial lock up
or jail.

Detention- detention in police custody.

Remand - remand to judicial custody.

ARREST
Arrest with warrant
In case of non-cognizable offences

Arrest without warrant

In case of cognizable offences
If non-cognizable offence is committed in the
presence of police officer and the accused
refuses to give his name and address
In case of designing to commit a cognizable
offence
which
cannot
be
otherwise
prevented

POWERS FOR MAKING ARREST

Power to use reasonable force
Power to search for the accused
Power to pursue the accused into any place
in India
Power to obtain the assistance of any person
Power to direct a subordinate officer to effect
the arrest
Power to re-arrest a person who has escaped
from custody.

AFTER-ARREST PROCEDURE
Give Information regarding arrest and place of arrest
to the person nominated by the arrested person
Search the arrested person and place articles found
upon him in safe custody after preparing a recovery
memo
Seize weapons if any and forward it to court
Cause medical examination of the arrested person if
necessary
Send a report of the arrest to the District Magistrate
Not release the arrested person
except on bond, bail or on orders of Magistrate.

RIGHTS OF ARRESTED PERSON

Right to know the ground of arrest
Right to be taken before a Magistrate without
delay
Right to consult a legal practitioner
Right to be examined by a Medical practitioner.
Information regarding arrest and place of
arrest to be given to one of his friends,
relatives or other person
Information regarding right to be released on
bail

Powers of an Executive
Magistrate under the Code
Power to obtain security for keeping peace
and good behaviour.
Power to command an unlawful assembly to
disperse.
Power to command the removal or stoppage
of any public nuisance.
Power to issue prohibitory orders to prevent
urgent cases of nuisance or danger
Power to decide disputes relating to property
by summary way to prevent breach of peace

COMPELLING APPEARANCE
OF PERSON - PROCESSES
Summons
Warrant of arrest
Proclamation and
Attachment of property

COMPELLING PRODUCTION OF
THINGS - PROCESSES
Summons
Search
With warrant
Without warrant

Seizure

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