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    CRPC 04 - Classnotes - LAW FOUNDATION HINGLISH

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    CRPC 04 - Classnotes - LAW FOUNDATION HINGLISH

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    valuable crpc notes

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    CrPC 04 _ Classnotes __ LAW FOUNDATION HINGLISH

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    valuable crpc notes

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    Download as pdf or txt
    3 views14 pages

    CRPC 04 - Classnotes - LAW FOUNDATION HINGLISH

    Uploaded by

    pratykshasharmaa
    valuable crpc notes

    Copyright:

    © All Rights Reserved
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    LAW FOUNDATION

    Batch For
    • Judiciary Aspirants
    • CLAT Aspirants (Legal Aptitude)
    • LLB Students

    CrPC-04
    Definition &
    Connecting
    sections
    SHIVANI SOLANKI
    DAILY TARGETS
    1 Sec 2 :- Definitions

    2 Difference between Bailable offence & Non-Bailable offence

    3 Difference between Cognizable & Non-Cognizable offence

    4 Difference between Compoundable & Non-Compoundable

    5 Difference between FIR & Complaint

    6 Difference between Judge & Magistrate


    Sec 2 :- Definitions

    Clause Definition
    a Bailable & Non Bailable Offence
    b Charge r/w 211-224
    c Cognizable Offence – r/w sec 2(l)
    d Complaint
    e High Court
    f India
    g Inquiry
    h Investigation
    i Judicial Proceeding
    j Local Jurisdiction
    k Metropolitan Area r/w sec 8
    l Non-Cognizable Offence
    m Notification
    Sec 2 :- Definitions
    Sec 2 :- Definitions
    Sec 2 :- Definitions

    Clause Definition
    n Offence r/w Sec 40 IPC
    o Officer in charge of police station
    p Place
    q Pleader
    r Police report r/w sec 173(2)
    s Police station
    t Prescribed
    u Public prosecutor r/w sec 24
    v Sub-Division
    w Summon case r/w sec 251-259
    wa Victim (Amd. 2009)
    x Warrant case r/w sec 238-250
    y Words & expression used in CRPC
    Sec 2 :- Definitions
    Sec 2 :- Definitions
    Difference between Bailable offence & Non-Bailable offence
    Basis Bailable offence sec 2(a) Non-Bailable offence sec 2(a)
    Definition Means an offence which is shown Means any other offence.
    bailable in the first schedule or
    which is made bailable by any
    other law for the time being in
    force.
    Claimed as A matter of right It depends on the discretion of court.
    Crime intensity Considered less serious in nature. Considered more serious / heinous in
    nature
    Provisions Sec 436 crpc Sec 437 crpc
    Power to grant Either the police officer or the Mostly the accused get bail through a
    bail court can grant bail. court of law. Yet u/s 437(4) empowers the
    police officer to grant bail while recording
    reasons in writing.
    Examples Kidnapping (363), Stalking (354D), Criminal Breach of Trust(406), Theft(379),
    Dishonest Misappropriation of Rape (376), Murder(302) and Culpable
    Movable Property (404), Cheating Homicide (304)
    (417)
    Cases Rasiklal v. Kishore Khanchand Mansab Ali v. Irsan 2003,
    Wadhwani 2009 , Supreme Court held that since the
    Supreme Court held that the right jurisdiction is discretionary, it is required to
    u/s 436 is an absolute & be exercised with great care and caution
    indefeasible right
    Difference between Cognizable offence & Non-Cognizable offence

    Basis Cognizable offence Sec 2(c) Non-Cognizable offence Sec 2(l)

    Meaning case in which, a police officer Case in which a police officer has
    may, in accordance with the no authority to arrest without
    first schedule or under any warrant.
    other law for the time being in
    force, arrest without warrant.
    Permission Arrest can be made without Arrest warrant is required from
    of court warrant magistrate
    Severity of Cognizable offences are Non-cognizable offences are less
    crime serious crimes. serious.
    Initiation It is a wrong against the state, It is a private offence against
    Hence, prosecution is taken another person. That is why
    care of by the state, i.e. the prosecution in such crimes has to
    government be initiated by the victims.
    Information FIR or Complaint u/s 154 Only complaint u/s 155
    to
    Examples Murder, theft, kidnapping, etc. Assault, cheating, defamation, etc.
    Difference between Compoundable & Non-Compoundable offence

    Basis Compoundable offence Non-Compoundable


    Sec 320 Crpc contains the
    Any offence which is not
    Provision offences that can be
    includedu/s 320
    compoundable offences.
    Nature of The nature of the offence not so
    The nature of the offence is serious.
    Crime serious
    Charges made against the
    Withdrawal Charges against the accused cannot
    accused can be withdrawn and it
    of Charges be withdrawn.
    amounts to acquittal
    Affected It impacts only to a private It affects both, private person as
    parties /single person. well as the society at large.
    Settlement can be done either
    Compound It cannot compound, the offence
    with permission or without
    ability can only be quashed
    permission of the court.
    Filing of the
    By a private person By state.
    case
    Theft, Grievous hurt,
    Example Murder, Kidnapping, etc.
    Defamation, Trespass, etc.
    Difference between FIR & Complaint
    Basis FIR Complaint

    Definition not defined. defined u/s 2 (d), which means any


    it is an information given to the allegation made orally or in writing to a
    police first in point of time relating magistrate, with a view to his taking action
    to a cognizable offence. under the code, that some person whether
    Recorded u/s 154 known or unknown has committed an
    offence. It, does not include a police report

    Who may may be lodged by any person filed by any person subject to certain
    Apply? exceptions.

    To Whom/ made to the competent police Complaint is made to a magistrate


    officer

    Nature of must relate to a cognizable offence may relate to a cognizable or non-


    Offence on the face of it. cognizable offence.

    Investigation When a FIR is lodged, a policer when complaint is filed no investigation is


    officer starts with investigating the done by the police officer until directed by
    matter. the competent authority.
    Cognizance no cognizance is taken by the A Magistrate takes cognizance on the
    Magistrate until particular FIR is complaint made to him at the very first
    reported to him. stage.
    Format There is prescribed format by law No prescribed format is given for filing a
    for FIR complaint.
    Difference between Judge & Magistrate

    Basis Judge Magistrate


    Definition Sec 19, IPC- Sec 3(23)
    Meaning not only every person who
    is officially designated as a
    Judge, but also every
    person who is empowered
    by law to give, in any legal
    proceeding, civil or
    criminal, a definitive
    judgment.
    Appointed High court High Court (they can be EM or
    by JM)
    Jurisdiction Broader Narroe
    Provisions Sec 9 , 10 Crpc Sec 11-15 Crpc

    Powers Max- Death Punishement Imprisonment upto 7 yr (by


    CJM)

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