1.

Introduction
Criminal Procedure Code is procedural law. Therefore, it describes that procedure, which
should be adopted for administration of criminal justice. In fact, it has provided provisions
for explanation f procedure in respect of investigation, inquiry and trial. Even it has also
provided provisions to elaborate procedure in respect of complaint.
2. Relevant Provisions
Section 200 to 204 of Criminal Procedure Code 1898.
3. Meaning of Complaint
Complaint means that allegation, which is made orally or in writing to a magistrate that
some know or unknown person has committed an offence, and which is made with a view
to his taking action under Criminal Procedure Code, and which does not include police
report.

4. How to Complaint Proceeded?

Following points are important to explanation of that procedure, which adopted in respect
of complaint:
i. Immediate examination of complainant
The first duty of the Magistrate to examine complainant upon oath.
ii. Written examination and Signatures
Substance of examination of complainant should be reduced to writing and signed by the
complainant.
iii. Non-examination of Complainant
In following cases, complainant is not examined:
a. Transfer of case under Section No. 192 of Cr.P.C or sending of case to Court of
Session
When written complaint is made, magistrate is not required to examine complainant
before transferring case under Section No. 192 of Criminal Procedure Code or before
sending case to Court of Session.
b. Complaint by court or Public Servant
Examination of complainant is not required in that case in which written complaint is made
by court or public servant, who acts or purports to act in discharge of his official duties.
iv. No Re-examination of Complainant
When case is transferred under section No. 192 of Criminal Procedure Code and that
magistrate, who transfer case, has already examined complainant, Magistrate to whom
case is transferred is not be bound to re-examine complainant.
v. Procedure for incompetent Magistrate
For explanation of this procedure, following points are important:
a. In case of written complaint
If written complaint has been made to that magistrate, who is not competent to take
cognizance of case, he should return complaint for presentation to proper court with an
endorsement to that effect.
b. In case of Oral Complaint
If written complaint has not been made to that magistrate, who is not competent to take
cognizance of case, he should direct complainant to proper court.
vi. Issue of Process for summoning of accused
If court opines that there is sufficient ground for proceedings, court can issue process for
summoning of accused. Even court can issue warrant for bringing accused before itself.
vii. Postponement of Issue of Process for compelling attendance of accused
If court thinks fit, it can postpone issue of process for compelling attendance of accused
and can it inquire into case or can direct making of inquiry of investigation by any justice
of peace or police officer. Even it can direct making of inquiry or investigation by such
person as it thinks fit. And ascertaining of truth or falsehood of complaint is purpose of
such inquiry or investigation.
viii. Dismissal of complaint
After considering statement of complainant on oath and result of inquiry or investigation,
if court considers that there is no sufficient ground for proceeding, court can dismiss
complaint. However, court is to record its reasons for such dismissal.

Conclusion - To conclude , it can be stated that above-discussed procedure can be

adopted when magistrate takes cognizance of some offence upon receiving complaint of
those facts, which constitute such offence. However, such procedure cannot be adopted
when magistrate takes cognizance of some offence upon that written report, which is
made by any police officer and which consists of those facts, which constitute such
offence.

Its essentials:
The main essentials of a complaint are:

1. The allegation must be made to a Magistrate and not to a judge. A police officer is not
a Magistrate and as such a petition or information sent to him is not a complaint.
2. The allegation must be made with a view to the Magistrate’s taking action under the
Code. A mere statement to a Magistrate by way of information without any intention of
asking him to take action is not a complaint.

3. The allegation must be that an offence has been committed. It is not necessary that a
particular offence be stated: only the allegation of fact must constitute an offence. The
mention of a wrong section does not vitiate the character of a complaint. The complaint
need not specify any offender or even the section of the law which makes the act or
omission punishable.

4. The allegation must be made orally or in writing. It need not set out all the facts on
which the accused is to be charged, but must contain a statement of true facts relied on
as constituting the offence in ordinary and concise language admitting of no ambiguity.

5. A complaint need not necessarily be made by the person injured but may be made by
any person aware of the offence. In case of the defiance of general law, any person,
whether he has suffered any particular injury or not has a right to complain. The court will,
therefore, take cognizance of the above complaint.
SUMMARY TRIAL
A summary trial implies speedy disposal. A summary case is one which can be tried and
disposed of at once. Needless to say, the summary procedure is not intended for a
contentious and complicated case which merits a full and lengthy inquiry. Thus, the object
of summary trial is to have a record which is sufficient for the purpose
of justice, and yet, not so long as to impede a speedy disposal of the case. In other wor
ds, a summary trial is “summary” only in respect of the record of its proceedings, and
not in respect of the proceedings themselves, which should be complete and carefully
conducted, as in any other criminal case. Under the old Code, in a summary trial, the
summons procedure was to be followed in the summons-cases and the warrant
procedure in warrant-cases. However, the present Code has now done away with this
distinction, and the procedure has been simplified by providing that, in a summary trial,
all cases should be tried by the summons procedure, whether the case is a summons-
case or warrant-case ‘Summary trials' are designed to do away with detailed
examinations and oral evidences which lead to delays and put justice beyond the reach
of the common man, besides worsening the problem of pendency. Summons cases may
mandatorily attract a summary trial. If the magistrates opt for a detailed trial, then they
may have to give "cogent" reasons for their decision. It has been recognized that
'warrants case' ought to be treated differently from 'summons cases former has a
punishment ranging up to death while that for the latter does not go beyond two years.
"What is the use of detailed examinations of witnesses etc.? It is criminal waste of court
time," an official felt. Thus Summary trials are somewhat similar to fast
track proceeding where a case is resolved in one sitting. Meant for petty offenses, to re
duce the burden of court.
Jurisdiction of Courts with respect to Criminal Cases

Introduction
To ensure that justice is served to the one whose right has been infringed, the Constitution
of India gave the judiciary system. To ensure that the judiciary is working in an efficient
manner, various courts having different powers were established. Code of Criminal
Procedure, 1973 (hereinafter referred as CrPC) under Section 6, directs that beside High
Courts in every state the following criminal courts will be established:

1. Courts of Session
2. Metropolitan Magistrate in any Metropolitan area
3. Judicial Magistrate of the first class in areas other than Metropolitan area
4. Executive Magistrate

Court of Session -
Establishment
As per Section 7 of CrPC, every state will have session division and the number of such
division will be decided by State Government after consulting the High Court. Section 9
of CrPC, states that the State Government will have to establish a Court of Session for
every session’s division which shall be presided by a Judge and he will be appointed by
the High Court. Further, the High Court can also appoint Additional Session Judge and
Assistant Session Judge.
Triable offence
As per Section 26, a Court of Session can try any offence given under IPC or any other
offence which has shown to be triable by the Court of Session in the First Schedule.
Subordination
The Assistant or Additional Session Judge appointed by the High Court will
be subordinate to their respective Sessions Judge who will distribute the work among
them. Session Judge can make rules with respect to the additional and assistant judges
but they must be consistent with the Code. [Section 9]
Punishment
A Sessions Judge and Additional Sessions Judge can pass any sentence that
is authorized by law but, in case of death sentence confirmation of High Court is required.
An Assistant Sessions Judge can pass any sentence excluding sentence of death or
imprisonment for life or for a term exceeding ten years. [Section 28]

Court of Metropolitan Magistrate -

Establishment - Areas having population more than one million and notified by the State
Government are Metropolitan areas. The area of Mumbai, Kolkata, Chennai and
Ahmedabad are the areas that are mentioned in the Code as Metropolitan Areas. [Section
8]
As per Section 16, the State Government after consulting the High Court will establish as
many courts of Metropolitan Magistrates as it may deem fit in the Metropolitan Area.
The High Court will appoint the presiding officer and the jurisdiction of the officer
will extend throughout the metropolitan area.
Under Section 17, High Court will appoint a Metropolitan Magistrate as Chief
Metropolitan Magistrate (CMM)for a particular area. High Court can also appoint any
Metropolitan Magistrate as Additional Chief Metropolitan Magistrate.
Subordination
The CMM and every Additional CMM will be subordinate to the Sessions Judge.
Every other Metropolitan Magistrate will be subordinate to CMM and the extent of the
subordination will be defined by the High Court. Further, the CMM can make rules
consistent with the Code and can also distribute the work among the Metropolitan
Magistrate. [Section 19]
Triable Cases
As per Section 26, Court of Metropolitan Magistrate can try offence which has shown to
be triable by the Court of Metropolitan Magistrate in the First Schedule.
Punishment
CMM may pass any sentence authorised by the law except a sentence of death or
of imprisonment for life or a term exceeding seven years whereas a Metropolitan
Magistrate can pass a sentence for a term not exceeding three years or fine not
exceeding five thousand rupees or both. [Section 29]

Court of Judicial Magistrate -

Establishment
As per Section 7, each division is divided into districts and the State Government in every
district after consultation with the High Court will establish as many Courts of Judicial
Magistrates of First Class and Second Class as it may deem fit. The presiding officer of
such Courts shall be appointed by the High Court. [Section 11].
In every district a Judicial Magistrate of First Class (JMFC) will be appointed as a Chief
Judicial Magistrate(CJM) under Section 12 of CrPC. The High Court can also appoint any
JMFC to be an Additional CJM.
A CJM, subject to the control of High Court, can define the local limit of the areas within
which the Magistrates appointed under Section 11 or Section 13 can exercise their
powers. [Section 14]
 Subordination - As per Section 15, a CJM will be subordinate to the Sessions
Judge and the other Judicial Magistrate will be subordinate to CJM, subject to general
control of Sessions Judge. Also, the CJM can make rules consistent with this
Code and can distribute the work among the Judicial Magistrate subordinate to him.
Triable Cases
As per Section 26, Court of Judicial Magistrate can try offence which has shown to be
triable by the Court of Judicial Magistrate in the First Schedule.
Punishment
CJM may pass any sentence authorised by law except a sentence of death or
of imprisonment for life or a term exceeding seven years whereas a JMFC can pass a
sentence for a term not exceeding three years or fine not exceeding five thousand
rupees or both. Judicial Magistrate of Second Class can pass a sentence of imprisonment
wherein the term will not be exceeding one year and in terms of fine, the amount will not
exceed one thousand rupees, or of both. [Section 29]

Court of Executive Magistrate -

Establishment
Under Section 20, the State Government in every district and in every metropolitan area
will appoint as many Executive Magistrates as it thinks fit and shall appoint one of
them as District Magistrate (DM). The State Government can also appoint any Executive
Magistrate as an Additional District Magistrate (ADM) who will have same power as that
of a DM.
The DM subject to the control of State Government will define the local limits in which
the Executive Magistrate can exercise their power.
Subordination
Every Executive Magistrate other than ADM will be subordinate to the DM and every
Executive Magistrate exercising power in a Sub-division shall also be subordinate to the
Sub-Divisional Magistrate, subject to the general control of DM. [Section 23]
Triable Cases
As per Section 3(4)(b), the matters which are administrative or executive in nature will be
exercisable by an Executive Magistrate.
Order
The order that can be passed by an Executive Magistrate will be either administrative or
executive in nature and hence it will depend on the facts and circumstances of the case.
What is a search warrant?

A judge issues a search warrant to authorize law enforcement officers to search a

particular location and seize specific items. To obtain a search warrant, police must show
probable cause that a crime was committed and that items connected to the crime are
likely to be found in the place specified by the warrant.

What constitutes a valid search warrant?

A valid search warrant must meet four requirements:

(1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant
must be based on reliable information showing probable cause to search; (3) the warrant
must be issued by a neutral and detached magistrate; and (4) the warrant must state
specifically the place to be searched and the items to be seized.

Rights of arrested person -

Any person has to be treated as a human being, irrespective of the fact that
such person is a criminal. The accused persons are also granted certain rights,
the most basic of which are found in the Indian Constitution. The basic
assumption behind these rights is that the government has enormous
resources available to it for the prosecution of individuals, and individuals,
therefore, are entitled to some protection from misuse of those powers by the
government. An accused has certain rights during the course of any
investigation; enquiry or trial of offence with which he is charged, and he
should be protected against arbitrary or illegal arrest. Given below are some
of the most important rights of an arrested person:

1. Right To Silence

The ‘right to silence’ has been derived from common law principles. It means
that normally courts or tribunals should not conclude that the person is guilty
of any conduct merely because he has not responded to questions which were
asked by the police or by the court. The Justice Malimath Committee in its
report was of the opinion that right to silence is very much needed in societies
where anyone can be arbitrarily held guilty of any charge. As per the law of
evidence, any statement or confession made to a police officer is not
admissible in a court of law. Right to silence is mainly concerned about
confession. The breaking of silence by the accused can be before a magistrate
but should be voluntary and without any duress or inducement.
2. Right To Know The Grounds of Arrest

2.1) As per Section 50(1) of Cr.P.C., every person who is being arrested by
any police officer, without any warrant, is entitled to know the full particulars
of offence for which he is being arrested, and that the police officer is duty
bound to tell the accused such particulars and cannot deny it.

2.2) As per Section 55 of Cr.P.C., when any person is being arrested by any
police officer, who is deputed by a senior police officer, then such subordinate
officer shall before making such arrest, notify the person to be arrested the
substance of the written order given by the senior police officer specifying the
offence or other cause for which the arrest is to be made. If this provision is
not complied with, then the arrest would be rendered illegal.

2.3) if the person is being arrested under a warrant, then as per Section 75
of Cr.P.C, any person who is executing such warrant must notify the person
to be arrested, the particulars of such warrant, or even show such warrant if
needed. If the substance of the warrant is not notified, the arrest would be
unlawful.

2.4) the Constitution of India also confers this right as one of the fundamental
rights. Article 22(2) of the constitution provides that “no person who is
arrested shall be detained in custody without being informed as soon as may
be, of the grounds for such arrest nor shall he be denied the right to consult,
and to be defended by a legal practitioner of his choice.”

3. Information Regarding The Right To Be Released On Bail

Any person who is to be arrested without a warrant and is not accused of a

non-bailable offence has to be informed by the police officer that he is entitled
to be released on bail on payment of the surety amount.[1]This helps persons
who are arrested for bailable offences and are not aware of their right to be
released on bail.

4. Right To Be Taken Before A Magistrate Without Delay

Irrespective of the fact, that whether the arrest was made with or without a
warrant, the person who is making such arrest has to bring the arrested
person before a judicial officer without any unnecessary delay. Further, the
arrested person has to be confined in police station only and nowhere else,
before taking him to the Magistrate. These matters have been provided in
Cr.P.C. under sections 56 and 76.

Further, it has been mentioned in the proviso of Section 76 that such delay
shall not exceed 24 hours in any case. While calculating the time period of 24
hours, the time necessary for the journey is to be excluded.

If the police officials fails to produce an arrested person before a magistrate

within 24 hours of the arrest, the police officials shall be held guilty of wrongful
detention.

6. Rights at Trial

6.1) Right To A Fair Trial

The Constitution under Article 14 guarantees the right to equality before the
law. The Code of Criminal Procedure also provides that for a trial to be fair, it
must be an open court trial. This provision is designed to ensure that
convictions are not obtained in secret. In some exceptional cases the trial may
be held in camera.

6.2) Right To A Speedy Trial by the Constitution of India

Though this right has not been specifically mentioned in the Constitution,
however, the SC in the Hussainara Khatoon case has made it mandatory that
the investigation in the trial must be conducted “as expeditiously as possible.”

In cases, wherein the maximum punishment that can be imposed is 2 years,

once the accused is arrested, the investigation for the trial has to be completed
within the period of six months or stopped on receiving an order from the
Magistrate, unless the Magistrate receives and accepts, with his reasons in
writing, that there is cause to extend the investigation.

7. Right To Consult A Legal Practitioner

Every person who is arrested has a right to consult a legal practitioner of his
own choice. This has been enshrined as a fundamental right in Article 22(1)
of the Constitution of India, which cannot be denied in any case. Section 50(3)
of the Code also lays down that the person against whom proceedings are
initiated has a right to be defended by a pleader of his choice. This starts
begins as soon as the person is arrested. The consultation with the lawyer
may be in the presence of police officer but not within his hearing.

8. Rights Of Free Legal Aid

The Supreme Court in the case of in Khatri(II) v. the State of Bihar has held
that the state is under a constitutional obligation (implicit in Article 21) to
provide free legal aid to an indigent accused person as is implicit in Article 21
of the Constitution . This right does not come into picture only at the time of
trial but exists at the time when the accused is produced the first time before
the magistrate, as also when remanded from time to time. The Supreme Court
further states that failure on the part of the state to inform the accused of this
right will vitiate the whole process of trial. Therefore, a duty is imposed on all
magistrates and courts to inform the indigent accused of his right to get free
legal aid. The apex court has gone a step further in Suk Das v. Union Territory
of Arunachal Pradesh, wherein it has been laid down that this constitutional
right cannot be denied if the accused failed to apply for it. It is clear that
unless refused, failure to provide free legal aid to an indigent accused would
vitiate the trial entailing setting aside of the conviction and sentence.

9. Right To Be Examined By A Medical Practitioner

Section 54 of Cr.P.C. enumerates this right. It states that:

Section 54 of Cr.P.C:- “Examination of arrested person by medical practitioner

at the request of the arrested person- When a person who is arrested, whether
on a charge or otherwise, alleges, at the time when he is produced before a
Magistrate or at any time during the period of his detention in custody that
the examination of his body will afford evidence which will disprove the
commission by him of any offence or which will establish the commission by
any other person of any offence against his body, the Magistrate shall, if
requested by the arrested person so to do direct the examination of the body
of such person by a registered medical practitioner unless the Magistrate
considers that the request is made for the purpose of vexation or delay or for
defeating the ends of justice.”