{"id":3562,"date":"2024-03-26T11:27:29","date_gmt":"2024-03-26T05:57:29","guid":{"rendered":"https:\/\/gstguntur.com\/?p=3562"},"modified":"2024-04-02T17:58:21","modified_gmt":"2024-04-02T12:28:21","slug":"criminal-procedure-code-1973-important-questions","status":"publish","type":"post","link":"https:\/\/gstguntur.com\/criminal-procedure-code-1973-important-questions\/","title":{"rendered":"Criminal Procedure Code, 1973 – Jurisprudence, Interpretation & General Laws Important Questions"},"content":{"rendered":"

Criminal Procedure Code, 1973 – Jurisprudence, Interpretation & General Laws Important Questions<\/h2>\n

Question 1.
\nDistinguish between: Warrant Case & Summons Case [June 2010 (4 Marks)]
\nAnswer:
\nFollowing are the main points of difference between warrant case & summons case:<\/p>\n\n\n\n\n\n\n\n\n\n
Points<\/strong><\/td>\nWarrant Case<\/strong><\/td>\n\n

Summons Case<\/strong><\/p>\n<\/td>\n<\/tr>\n

Meaning<\/td>\nWarrant-case means a case relating to an offence punishable with:<\/p>\n
    \n
  • Death or<\/li>\n
  • imprisonment for life or<\/li>\n
  • imprisonment for a term exceeding 2 years.<\/li>\n<\/ul>\n<\/td>\n
Summons case means relating to an offence, and not being a warrant case.<\/td>\n<\/tr>\n
Charge<\/td>\nA charge is to be framed.<\/td>\nNo charge need to be framed.<\/td>\n<\/tr>\n
Conviction<\/td>\nAfter the charge is framed, il the accused pleads guilty, the Magistrate may Comect him.<\/td>\nThe magistrate has the discretion to convict an accused if he pleads guilty.<\/td>\n<\/tr>\n
Discharge\/release<\/td>\nThe magistrate cannot discharge the accused if the complainant does not appear.<\/td>\nAccused may be released if the complainant does not appear.<\/td>\n<\/tr>\n
Consent for withdrawn<\/td>\nWith the consent of the Court, the complainant can withdraw the remaining charges if the accused is convicted on one or more charges.<\/td>\nWith the permission of the Magistrate, the complainant can withdraw his complaint.<\/td>\n<\/tr>\n
Conversion<\/td>\nA warrant case cannot be converted into a summons case.<\/td>\nA summons case can be converted into a warrant case.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 2.
\nDistinguish between: Bailable offence & non-bailable offence [June 2010 (4 Marks)]
\nAnswer:
\nFollowing are the main points of difference between bailable & non-bailable offence:<\/p>\n\n\n\n\n\n\n\n\n\n
Points<\/strong><\/td>\nBailable Offence<\/strong><\/td>\nNon-bailable Offence<\/strong><\/td>\n<\/tr>\n
Meaning<\/td>\nA bailable offence is an offence that is shown as bailable in First Schedule to the Code or which is made bailable by any other law.<\/td>\nA non-bailable offence means an offence other than a bailable offence.<\/td>\n<\/tr>\n
Example<\/td>\nThe First Schedule to the Code of Criminal Procedure gives a list of bailable offence, as for instance:<\/p>\n
    \n
  • Rioting,<\/li>\n
  • Being a member of an unlawful assembly,<\/li>\n
  • Bribery so on.<\/li>\n<\/ul>\n<\/td>\n
The examples of non-bailable offence are:<\/p>\n
    \n
  • Murder,<\/li>\n
  • Culpable homicide,<\/li>\n
  • Counter feting coins etc.<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Seriousness<\/td>\nBailable offences are less serious.<\/td>\nNon-bailable offences are more serious.<\/td>\n<\/tr>\n
Cognizable\/ Non- Cognizable<\/td>\nBailable offences are generally non-cognizable.<\/td>\nNon-bailable offences are generally cognizable.<\/td>\n<\/tr>\n
IPC<\/td>\nIf an offence is punishable with imprisonment for less than 3 years or with a fine only, it is bailable.<\/td>\nA Non-Bailable offence is one that is punishable with a death penalty or life imprisonment for 3 years or more.<\/td>\n<\/tr>\n
Arrest<\/td>\nA police officer is authorized to arrest with a warrant.<\/td>\nA police officer is authorized to arrest without a warrant.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 3.
\nDistinguish between: Bailable offence & non-bailable offence [June 2010 (4 Marks)]
\nAnswer:
\nFollowing are the main points of difference between bailable & non-bailable offence:<\/p>\n\n\n\n\n\n\n\n\n\n
Points<\/strong><\/td>\nBailable Offence<\/strong><\/td>\nNon-bailable Offence<\/strong><\/td>\n<\/tr>\n
Meaning<\/td>\nA bailable offence is an offence that is shown as bailable in First Schedule to the Code or which is made bailable by any other law.<\/td>\nA non-bailable offence means an offence other than a bailable offence.<\/td>\n<\/tr>\n
Example<\/td>\nThe First Schedule to the Code of Criminal Procedure gives a list of bailable offence, as for instance:<\/p>\n
    \n
  • Rioting,<\/li>\n
  • Being a member of an unlawful assembly,<\/li>\n
  • Bribery so on.<\/li>\n<\/ul>\n<\/td>\n
The examples of non-bailable offence are:<\/p>\n
    \n
  • Murder,<\/li>\n
  • Culpable homicide,<\/li>\n
  • Counter feting coins etc.<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Seriousness<\/td>\nBailable offences are less serious.<\/td>\nNon-bailable offences are more serious.<\/td>\n<\/tr>\n
Cognizable\/ Non- Cognizable<\/td>\nBailable offences are generally non-cognizable.<\/td>\nNon-bailable offences are generally cognizable.<\/td>\n<\/tr>\n
IPC<\/td>\nIf an offence is punishable with imprisonment for less than 3 years or with a fine only, it is bailable.<\/td>\nA Non-Bailable offence is one that is punishable with a death penalty or life imprisonment for 3 years or more.<\/td>\n<\/tr>\n
Arrest<\/td>\nA police officer is authorized to arrest with a warrant.<\/td>\nA police officer is authorized to arrest without a warrant.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 4.
\nDistinguish between: \u2018Pleader’ and \u2018Public Prosecutor\u2019. [June 2014 (4 Marks)]
\nAnswer:
\nPleader [Section 2(q)\\. With reference to any proceedings in any Court, it means a person authorized by or under any law for the time being in force, to practice in such Court and includes any other person appointed with the permission of the Court to act in such proceeding.<\/p>\n

It is an inclusive definition and a non-legal person appointed with the permission of the Court will also be included.<\/p>\n

Public Prosecutor [Section 2(\u00ab)]: A public prosecutor means any person appointed u\/s 24, and includes any person acting under the directions of a Public Prosecutor.<\/p>\n

Public prosecutor, though an executive officer is, in a larger sense, also an officer of the Court and he is bound to assist the Court with his fair views and fair exercise of his functions.<\/p>\n

Question 5.
\nDistinguish between: \u2018investigation\u2019 and \u2018Inquiry\u2019 under the Code of Criminal Procedure, 1973. [Dec 2014 (4 Marks)]
\nAnswer:
\nFollowing arc main points of distinction between investigation & inquiry.<\/p>\n\n\n\n\n\n\n\n
Points<\/strong><\/td>\nInvestigation<\/strong><\/td>\nInquiry<\/strong><\/td>\n<\/tr>\n
By whom<\/td>\nThe investigation includes all the proceedings for the collection of evidence, conducted by a police officer or by any person who is authorized by a magistrate on this behalf.<\/td>\nInquiry means every inquiry, other than a trial conducted by a Magistrate or a Court.<\/td>\n<\/tr>\n
What is done<\/td>\nThe investigation represents an attempt to collect evidence.<\/td>\nInquiry beings with interrogation.<\/td>\n<\/tr>\n
Aim<\/td>\nThe main aim of the investigation is to collect evidence.<\/td>\nAn inquiry aims at determining the truth or falsification of certain facts.<\/td>\n<\/tr>\n
Judicial\/ non-judicial<\/td>\nAn investigation is never judicial.<\/td>\nAn inquiry may be judicial or non-judicial.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 6.
\nDistinguish between: Cognizable Offence & Non-Cognizable Offence [June 2011, Dec 2014 (4 Marks)]
\nAnswer:
\nFollowing are the main points of difference between cognizable & non-cognizable offences:<\/p>\n\n\n\n\n\n\n\n
Points<\/strong><\/td>\nNon-cognizable offence<\/strong><\/td>\nCognizable offence<\/strong><\/td>\n<\/tr>\n
Meaning<\/td>\nNon-cognizable offence means an offence for which a police officer can make an arrest with a warrant.<\/td>\nCognizable offence means an offence for which a police officer may arrest without a warrant.<\/td>\n<\/tr>\n
Cognizable\/ Non- Cognizable<\/td>\nNon-cognizable offences are generally bailable.<\/td>\nCognizable offences are generally non-bailable.<\/td>\n<\/tr>\n
Seriousness<\/td>\nNon-cognizable offences are less serious.<\/td>\nCognizable offences are more serious.<\/td>\n<\/tr>\n
Arrest by Police Officer<\/td>\nA police officer is authorized to arrest with a warrant.<\/td>\nA police officer is authorized to arrest without a warrant.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 7.
\nDistinguish between cognizable and non-cognizable offence under the Criminal Procedure Code, 1973. [June 2019 (4 Marks)]
\nAnswer:
\nFollowing are the main points of difference between cognizable & non-cognizable offences:<\/p>\n\n\n\n\n\n\n\n
Points<\/strong><\/td>\nNon-cognizable offence<\/strong><\/td>\nCognizable offence<\/strong><\/td>\n<\/tr>\n
Meaning<\/td>\nNon-cognizable offence means an offence for which a police officer can make an arrest with a warrant.<\/td>\nCognizable offence means an offence for which a police officer may arrest without a warrant.<\/td>\n<\/tr>\n
Cognizable\/ Non- Cognizable<\/td>\nNon-cognizable offences are generally bailable.<\/td>\nCognizable offences are generally non-bailable.<\/td>\n<\/tr>\n
Seriousness<\/td>\nNon-cognizable offences are less serious.<\/td>\nCognizable offences are more serious.<\/td>\n<\/tr>\n
Arrest by Police Officer<\/td>\nA police officer is authorized to arrest with a warrant.<\/td>\nA police officer is authorized to arrest without a warrant.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 8.
\nDiscuss the powers of various courts under the Code of Criminal Procedure, 1973. [Dec 2009 (5 Marks)]
\nAnswer:
\nFollowing are the powers of the Court to pass sentence:<\/p>\n\n\n\n\n\n\n\n\n\n\n
Section<\/strong><\/td>\nCourt \/ Magistrate<\/strong><\/td>\nThe sentence that can be passed<\/strong><\/td>\n<\/tr>\n
Section 28<\/td>\nHigh Court<\/td>\nCan pass any sentence authorized by law.<\/td>\n<\/tr>\n
<\/td>\nSession Judge or Additional Session Judge<\/td>\nCan pass any sentence authorized by law.
\nHowever, the death sentence has to be confirmed by High Court.<\/td>\n<\/tr>\n
Assistant Session Judge<\/td>\nCan pass sentence for the term up to 10 years imprisonment.<\/td>\n<\/tr>\n
Section 29<\/td>\nChief Judicial Magistrate<\/td>\nCan pass sentence for a term up to 7 years imprisonment.<\/td>\n<\/tr>\n
<\/td>\nMagistrate of First Class<\/td>\n\n
    \n
  • Can pass sentence for a term up to 3 years imprisonment or<\/li>\n
  • Fine up to t 10,000 or<\/li>\n
  • Both<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Magistrate of Second Class<\/td>\n\n
    \n
  • \u00a0Can pass sentence for a term up to 1-year imprisonment or<\/li>\n
  • Fine up to t 5,000 or<\/li>\n
  • Both<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Chief Metropolitan Magistrate<\/td>\nShall have all the powers of Chief Judicial Magistrate, Magistrate of First Class and Magistrate of Second Class.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Question 9.
\nA Magistrate of the First Class passes a sentence of imprisonment for a term of 3 years with a fine of \u20b9 10,000, and in case of failure to pay the fine, to serve additional imprisonment for another 1 year. The convict feels aggrieved by the sentence. Can he prefer an appeal against the judgment? [Dec 2010 (6 Marks)]
\nAnswer:
\nAs Section 29 of the Code of Criminal Procedure, 1973, Magistrate of 1st Class:<\/p>\n

    \n
  • Can pass sentence for a term up to 3 years imprisonment or<\/li>\n
  • Fine up to \u20b9 10,000 or<\/li>\n
  • Both<\/li>\n<\/ul>\n

    As per Section 30 of the Code of Criminal Procedure, 1973, the Court of a Magistrate may award additional imprisonment in default of payment of fine. However, the term of imprisonment shall not exceed 1 \/4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence.<\/p>\n

    In the present case, the Judicial Magistrate of the First Class can inflict a sentence of imprisonment which may extend to 3 years as punishment for the offence of theft. Therefore, the term of additional imprisonment which can be awarded in default of payment of fine cannot be more than 1 \/ 4th of 3 years. In other words, the term of additional imprisonment in default of payment fine cannot exceed 9 months. [36 month X 1\/4\u2014 9 months]<\/p>\n

    The accused is advised to challenge the validity of the sentence accordingly.<\/p>\n

    Question 10.
    \nAngad is charged with the murder of Binod. The charge sheet is filed in the Court of Chief Judicial Magistrate, who passed an order of sentence of imprisonment for life. Angad engages you as an advocate. Advise the course of action to Angad giving reasons. [Dec 2010 (5 Marks)]
    \nAnswer:
    \nAccording to Section 29 of the Code of Criminal Procedure, 1973, Chief Judicial Magistrate is competent to pass a sentence for a term up to 7 years imprisonment. Hence, Angad can file an appeal against the order of the Chief Judicial Magistrate.<\/p>\n

    Question 11.
    \n\u2018X\u2019 is charged for the murder of ‘Y’ The charge sheet is filed in the court of Chief Judicial Magistrate, who passed the order of sentence of life imprisonment. \u2018X\u2019 engages you as an Advocate. What shall be your advice in the matter? [Dec 2013(5 Marks)]
    \nAnswer:
    \nAccording to Section 29 of the Code of Criminal Procedure, 1973, Chief Judicial Magistrate is competent to pass a sentence for a term up to 7 years imprisonment. Hence, Angad can file an appeal against the order of the Chief Judicial Magistrate.<\/p>\n

    Question 12.
    \nState any four categories of cases in which a police officer may arrest a person without an order from a Magistrate and without a warrant.
    \n[Dec 2013 (4 Marks)]
    \nOR
    \nEnumerate any four categories of cases in which a police officer may arrest a person without an order from a magistrate and without a warrant under section 41 of Cr.P.C., 1973. [Dec 2019 (4 Marks)]
    \nAnswer:
    \nAs per Section 41 of the Code of Criminal Procedure, 1973, any police officer may without an order from a Magistrate and without a warrant, arrest any person:
    \n(a) Who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned.
    \n(b) Who has in possession, without any lawful excuse an implement of house-breaking.
    \n(c) Who has been proclaimed as an offender, either under the Criminal Pro\u00accedure Code or by any order of the State Government.
    \n(d) In whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing.
    \n(e) Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody.
    \n(f) Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.
    \n(g) Who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India.
    \n(h) Who, being a released convict, commits a breach of any rule made u\/s 356(5).
    \n(i) For whose arrest any requisition, whether written or oral, has been re\u00acceived from another police officer.<\/p>\n

    However, the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.<\/p>\n

    Question 13.
    \nA Magistrate of the First Class passed a sentence of imprisonment for a term of three years with a fine of \u20b9 6,000 and in lieu of non-payment thereof, additional imprisonment for another one year. The aggrieved party, Anshul, wants to prefer an appeal against the order of the Magistrate. Will he succeed? Advise with reasons.
    \nAnswer:<\/p>\n

    As Section 29 of the Code of Criminal Procedure, 1973, Magistrate of 1st Class:<\/p>\n

      \n
    • Can pass sentence for a term up to 3 years imprisonment or<\/li>\n
    • Fine up to \u20b9 10,000 or<\/li>\n
    • Both<\/li>\n<\/ul>\n

      As per Section 30 of the Code of Criminal Procedure, 1973, the Court of a Magistrate may award additional imprisonment in default of payment of fine. However, the term of imprisonment shall not exceed 1 \/4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence.<\/p>\n

      In the present case, the Judicial Magistrate of the First Class can inflict a sentence of imprisonment which may extend to 3 years as punishment for the offence of theft. Therefore, the term of additional imprisonment which can be awarded in default of payment of fine cannot be more than 1 \/ 4th of 3 years. In other words, the term of additional imprisonment in default of payment fine cannot exceed 9 months. [36 month X 1\/4\u2014 9 months]<\/p>\n

      The accused is advised to challenge the validity of the sentence accordingly.<\/p>\n

      Question 14.
      \nDistinguish between: Summons and warrant of arrest [June 2013 (4 Marks)]
      \nAnswer:
      \nFollowing are the main points of difference between summons and warrants.<\/p>\n\n\n\n\n\n\n\n
      Points<\/strong><\/td>\nSummons<\/strong><\/td>\nWarrants<\/strong><\/td>\n<\/tr>\n
      Meaning<\/td>\nA Summons is a form of process issued by a Court, calling upon a person to appear before the Magistrate or to produce a document or thing.<\/td>\nA warrant is an order to a police officer or other person to arrest a person.<\/td>\n<\/tr>\n
      Absconding to evade service<\/td>\nAbsconding to evade service of a summons is not punishable.<\/td>\nAbsconding to evade service of a warrant is punishable under the Indian Penal Code, 1860.<\/td>\n<\/tr>\n
      Substituted service<\/td>\nSubstituted service is available for summons.<\/td>\nSubstituted service is not available for a warrant.<\/td>\n<\/tr>\n
      Step<\/td>\nThe issue of a warrant is a more drastic step than the issue of a summons.<\/td>\nA warrant is justified if summon, which is duly served is disobeyed or if the accused wilfully avoids service of the summons.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

      Question 15.
      \nDescribe in brief the cases in which a Search Warrant can be issued under Section 93 in the Criminal Procedure Code, 1973.
      \nAnswer:
      \nSometimes it is necessary that a person should produce a document or other thing which may be in his possession or power for the purposes of any investigation or inquiry under this Code. This can be compelled to be produced by issuing summons [Sections 91 & 92] or a warrant [Sections 93 to 98],<\/p>\n

      When search-warrant may be issued [Section 93]: A search warrant can be g issued in the following three cases:<\/p>\n

        \n
      • Where the Court has reason to believe that the person to whom a summons a or order is addressed will not produce document or thing as required by summons or requisition.<\/li>\n
      • Where document or thing is not known to the Court to be in the possession of any person.<\/li>\n
      • Where general search or inspection is necessary.<\/li>\n<\/ul>\n

        The person to whom such a warrant is directed may search or inspect in accordance with the search warrant.<\/p>\n

        A search warrant shall not be issued for searching a document, parcel or other things in the custody of the postal or telegraph authority by a Magistrate other j than a District Magistrate or Chief Judicial Magistrate.<\/p>\n

        Similarly, a Search Warrant also cannot be issued so as to affect Sections 123 & I 124 of the Indian Evidence Act, 1872 or the Bankers Books Evidence Act, 1981.<\/p>\n

        Question 16.
        \nAn Executive Magistrate receives information that Chanchal is likely to do a wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity. Whether he can require Chanchal to show cause why he should not be ordered to execute a bond for keeping the peace for a period of 3 years.
        \nAnswer:
        \nAs per Section 107 of the Code of Criminal Procedure, 1973, when an Executive Magistrate receives information that any person is likely to:<\/p>\n

          \n
        • Commit a breach of offence.<\/li>\n
        • Disturb the public tranquillity.<\/li>\n
        • Do any wrongful act that may probably occasion the peace; or disturb the public tranquillity<\/li>\n<\/ul>\n

          They may require such a person to show cause why he should not be ordered to execute a bond for keeping the peace for a period not exceeding 1 year, as the Magistrate deem fit. In the present problem, time period is 3 years, as such, a requisition order cannot be made.<\/p>\n

          Question 17.
          \nA tenant had abandoned the disputed house before his death but possession of the said house was not handed over to the landlord. The heirs of the deceased tenant had not paid rent but they had locked the house. The Sub-Divisional Magistrate issued an order under Section 144 of the Code of Criminal Procedure, 1973 to unlock the house. The heirs of the deceased tenant resist the order of the Sub-Divisional Magistrate. Will they succeed? What will be your answer, if the said house is in a dilapidated condition and is likely to endanger human life, health or safety?
          \nAnswer:
          \nAs per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue the order if there is sufficient ground for immediate prevention or speedy remedy. The magistrate may direct any person to abstain from a certain act, to prevent, obstruction, the annoyance or injury or danger to human life, health or safety or a disturbance of the public tranquillity, or an affray.<\/p>\n

          Hence, in this case, the Sub-Divisional Magistrate can pass order only if the house is in such a dilapidated condition as to be a potential danger to human; life, and not otherwise. The heirs will succeed in resisting the order only if the house is not in danger to the public.<\/p>\n

          Question 18.
          \nThe Sub-Divisional Magistrate at the instance of an officer in charge of police station passed an order under Section 144 of the Code of Criminal Procedure, 1973 by which petitioner\u2019s Puja Committee and others were prohibited from taking out immersion procession of the statue of Goddess Durga and passing in front of two Mosques in the village concerned playing music on Vijayadashmi day. Members of the Hindu community agitate the order as such order amounts to interference in their legal exercise of the customary and religious right. Whether the order passed by the Sub Divisional Magistrate is valid? Give reasons in support of your answer.
          \nAnswer:
          \nAs per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue the order if there is sufficient ground for immediate prevention or speedy remedy. The magistrate may direct any person to abstain from a certain act, to prevent, obstruction, the annoyance or injury or danger to human life, health or safety or a disturbance of the public tranquillity, or an affray.<\/p>\n

          In this case, The Sub-Divisional Magistrate issues an order by which the petitioner\u2019s Puja Committee and others were prohibited from taking out immersion procession of the statue of Goddess Durga and passing in front of two mosques in the village. This order is valid as it is an imminent danger to peace and tranquillity. Moreover, taking out the procession itself is not to be barred; it should be ordered that the procession should not cause any harm or disturbance to the public, especially the public coming to the mosques.<\/p>\n

          Question 19.
          \nShyam, a police officer comes to know from reliable sources that four persons are staying in a house and planning to kidnap and murder Rajan. They are equipped with automatic weapons. The police officer apprehends that they will commit the crime at any moment. He directly goes to that house and, without any warrant or order from the Metropolitan Magistrate, arrests all the four persons along with weapons in their possession. Is the arrest of all four persons valid? Decide with reasons. [June 2013 (6 Marks)]
          \nAnswer:
          \nNormally no person can be arrested without an order of the Court or warrant. However, Section 151 of the Code of Criminal Procedure, 1973 empowers a police officer to prevent the commission of any cognizable offence (i.e. non-bailable).<\/p>\n

          A police officer can arrest any person designing to commit a cognizance offence without a warrant if it appears to him that the commission of offence cannot be otherwise prevented. The person so arrested by the police officer cannot be detained in custody for a period exceeding 24 hours.<\/p>\n

          As per facts given in the case, some persons are planning to kidnap and murder Rajan which is a cognizance offence and hence police officer can arrest such persons without any warrant or order from the Magistrate.<\/p>\n

          Question 20.
          \nDiscuss the provisions relating to information to the police and their power to investigate incognizable and non-cognizable cases under the Criminal Procedure Code, 1973. [Dec 2019 (8 Marks)]
          \nAnswer:
          \nInformation in cognizable cases [Section 154]:<\/p>\n

            \n
          1. Every information relating to the commission of a cognizable offence given shall be reduced to writing by an officer in charge of a police station. It shall be read over to the informants. It shall be signed by the person giving it. The substance of such information shall be entered in a prescribed book.<\/li>\n
          2. A copy of the information shall be given forthwith, free of cost, to the informant.<\/li>\n
          3. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned. If Superintendent satisfies that such information discloses the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the prescribed manner.<\/li>\n<\/ol>\n

            Information as to non-cognizable cases and investigation of such cases [Section 155]:<\/p>\n

              \n
            1. When information is given to the police officer of the commission of a non-cognizable offence, he shall enter the substance of the information in a book and refer the informant to the Magistrate.<\/li>\n
            2. No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such a case or commit the case for trial.<\/li>\n
            3. Any police officer receiving such an order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.<\/li>\n
            4. Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case.<\/li>\n<\/ol>\n

              Police officer\u2019s power to investigate cognizable cases [Section 156]:<\/p>\n