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Important Notes of Cr.PC (Criminal Procedure Code) for Law -Judiciary-PCS-J

For several reasons, the Criminal Procedure Code, 1973 (Cr.PC) is an important subject for Judiciary Examinations in India. Here are some of the key reasons why Cr.PC is important for Judiciary Examinations:

For several reasons, the Criminal Procedure Code, 1973 (Cr.PC) is an important subject for Judiciary Examinations in India. Here are some of the key reasons why Cr.PC is important for Judiciary Examinations:

Cr.PC is the primary legislation that governs criminal trials in India. It provides the procedural rules that the police, courts, and accused must follow during the investigation, trial, and punishment of criminal offenses. As a judge or a judicial aspirant, it is crucial to have a thorough understanding of these procedural laws.

Role of Judiciary: Cr.PC lays down the procedure for conducting criminal trials in courts. It is important for the judges to have a sound knowledge of Cr.PC to ensure that they follow the correct procedure during the trials. A thorough understanding of Cr.PC helps judges to avoid procedural errors, which can lead to the acquittal of the guilty accused or the conviction of innocent persons.

Cr.PC ensures fair and impartial trials by protecting the rights of the accused and the victims. It provides the framework for conducting trials in a transparent and just manner. Sound knowledge of Cr.PC helps judges ensure that the trial is conducted fairly and impartially, and justice is delivered to the victims of crime.

Cr.PC provides for various safeguards to protect the rights of the accused, such as the right to a fair trial, the right to legal representation, the right to cross-examine witnesses, and the right to appeal. It is important for judges to be aware of these safeguards and ensure that they are upheld during the trial.

Interpretation of Laws: Judges are responsible for interpreting and applying the law while delivering judgments. Sound knowledge of Cr.PC helps judges to interpret the law correctly and apply it in a just and fair manner.

A thorough understanding of Cr.PC is essential for judges and judicial aspirants to ensure that they follow the correct procedure during the trials and deliver justice to society.

Index

What is an Offence?

Types of Criminal Offences:

Functionaries under crpc

Hierarchy of court ( section 6-23)

Police as functionary (sec 36)

Public prosecutor (section 24 to 25 A)

Basic concepts and definition

Bailable and non-bailable offences [2(a)]

Cognizable and non-cognizable offences (154)

Charge [2(b)]

Police report [173(2)]

Investigation [2(h)]

Inquiry [2(g)]

Trial

Summons and warrants case [2(w), 2(x)]

 Arrest and right of an arrested person [50(1), 50(2), 57, 303, 304]

Right to be produced before the Magistrate without unnecessary delay

Rights to be released on Bail

Rights to a fair trial

Right to consult a lawyer

Right to free Legal Aid

Right to keep silence

Right to be Examined by the medical practitioner

Other Rights

 Provision of bail under the code (436-450)

What is bail ?

Circumstances under which bail is given by police

Types of bail

Procedure of bail

Why do we need Criminal Procedure Law?

What is an Offence?

Types of Criminal Offences:

Functionaries under crpc

Hierarchy of court ( section 6-23)

Police as functionary (sec 36)

Public prosecutor (section 24 to 25 A)

Basic concepts and definition

Bailable and non-bailable offences [2(a)]

Cognizable and non-cognizable offences (154)

Charge [2(b)]

Police report [173(2)]

Investigation [2(h)]

Inquiry [2(g)]

Trial

Summons and warrants case [2(w), 2(x)]

 Arrest and right of an arrested person [50(1), 50(2), 57, 303, 304]

Right to be produced before the Magistrate without unnecessary delay

Rights to be released on Bail

Rights to a fair trial

Right to consult a lawyer

Right to free Legal Aid

Right to keep silence

Right to be Examined by the medical practitioner

Other Rights

 Provision of bail under the code (436-450)

What is bail ?

Circumstances under which bail is given by police

Types of bail

Procedure of bail

Bail bonds

Complaint to a Magistrate (200-203)

Examination of the complainant

The procedure by Magistrate not competent to take cognizance of the case

Commencement of Proceeding before Magistrate (204-210)

Examination of complainant

Framing of Charges and Joinder of Charges

Jurisdiction of the Criminal Courts in Inquiries and Trials (179)

Types of trials: Sessions Trial, Warrant Trial, Summons Trial, Summary Trial

Warrant trial (238-250)

Process of a warrant trial

 Summary Trial

Session trial (225-237)

Summon trial (251-259)

Judgement and Sentences under the Code

Judgement (353-360)

Submission of Death Sentences for Confirmation (366-371)

Submission for conformation to High Court (Section 366)

Power to direct further inquiry to be made or additional evidence to be taken (Section 367)

Power to the High Court to confirm sentence or annul conviction (Section 368)

Confirmation or new sentence to be signed by two judges (Section 369)

General Provisions as to Inquiries and Trial

Mode of taking and Recording Evidence

Marking of Exhibits

Cases

Execution, Suspension, Remission and Commutation of Sentences (432-435)

Execution of sentence of death

Suspension and remission of sentences

Appeals (372-394)

Object and scope of appeals

Appeals from convictions

Appeal to the Court of Session

Appeal to the High Court

Appeal to the Supreme Court

Reference and Revision (395-405)

Inherent Power of Court (482)

Transfer of Criminal Cases (406-411)

Plea Bargaining (265-A)

Procedure For Plea Bargaining

Bail bonds

Complaint to a Magistrate (200-203)

Examination of the complainant

The procedure by Magistrate not competent to take cognizance of the case

Commencement of Proceeding before Magistrate (204-210)

Examination of complainant

Framing of Charges and Joinder of Charges

Jurisdiction of the Criminal Courts in Inquiries and Trials (179)

Types of trials: Sessions Trial, Warrant Trial, Summons Trial, Summary Trial

Warrant trial (238-250)

Process of a warrant trial

Summary Trial

Session trial (225-237)

Summon trial (251-259)

Judgement and Sentences under the Code

Judgement (353-360)

Submission of Death Sentences for Confirmation (366-371)

Submission for conformation to High Court (Section 366)

Power to direct further inquiry to be made or additional evidence to be taken (Section 367)

Power to the High Court to confirm sentence or annul conviction (Section 368)

Confirmation or new sentence to be signed by two judges (Section 369)

General Provisions as to Inquiries and Trial

Mode of taking and Recording Evidence

Marking of Exhibits

Cases

Execution, Suspension, Remission and Commutation of Sentences (432-435)

Execution of sentence of death

Suspension and remission of sentences

Appeals (372-394)

Object and scope of appeals

Appeals from convictions

Appeal to the Court of Session

Appeal to the High Court

Appeal to the Supreme Court

Reference and Revision (395-405)

Inherent Power of Court (482)

Transfer of Criminal Cases (406-411)

Plea Bargaining (265-A)

Procedure For Plea Bargaining

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