Criminal Law - General Knowledge. Provisions of CrPC Procedures for Complaint, FIR, Enquiry, Police Report, Anticipatory Bail Application, Summon and Quashing etc. GK on Criminal law for Advocates and Students

SNo Legal Term/Question Answer
1 What is a Complaint As per Section 2(d) in The Code Of Criminal Procedure, 1973 " complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
2 What is a Police Report As per Section 2(r) in The Code Of Criminal Procedure, 1973 "police report" means a report forwarded by a police officer to Magistrate under sub- section (2) of section 173
3 How to inform Police about commission of a Cognizable offence If you are a victim of a crime or you have knowledge about a crime you may inform the policy orally or in writing. In case you inform the police orally, the information has to be reduced into writing by the Police.
4 How to Complain to the Police, Written or Verbal Generally in every police station there is a Police officer to record FIR. The informant may narrate the incident to the police or give a written complaint.
5 Police is reluctant to record FIR, What to do? Option in such situation is:

1. Send the complaint to the senior officer. When Police refuses to register FIR;

2. File complaint before Chief Metropolitan Magistrate or Chief Judicial Magistrate. The Magistrate may order investigation by the Police. Ref: Section 156(3) CrPC and Section 202 CrPC.

3. Write Petition before the High Court where police refuse to register case.

6 What is the step after taking cognizance of offence by the Police The matter will be referred to Police under section 202(1) of CrPC.
7 What are the differences between Powers under Section 156(3) and 202(1) of CrPC. Power under Section 156(3) is exercised at the stage of pre cognizance and Power under Section 202(1) CrPC exercised post cognizance of offence.
8 What is the remedy available to complaint against dismissal of application under Section 156(3) CrPC Filing Revision Petition with the Court
9 What is the remedy available for the accused to challenge direction issued to Police to Register FIR against him. The Accused has right of being heard until the process is being issued by the Court against him. The accused has no right to challenge the order passed on application under Section 156(3) of CrPC. In Gautam R. Patel V. Government of NCT of Delhi, 2007(1) JCC 448, Hon'ble Delhi High Court observed that the appropriate remedy for the petitioner was to file a revision under CrPC 397 against the order of the Magistrate directing registration of FIR in case he has any grievance against the said order.
10 What is the evidentiary value of FIR First Information Report as such is not substantive evidence. But it may be used to corroborate the informant, under Section 157 of the Evidence Act, or to contradict him, under Section 145 of the Act, if the information called as witness. Sometimes, accused himself goes to the Police Station and gets FIR registered. In such a case, the fact of his giving the information is admissible against him as evidence of his conduct under section 8 of the Evidence Act.

 

 

SNo Legal Term/Question Answer
11 What is substantive Evidence Where after making statement leading to registering of FIR or after getting the FIR registered, the victim succumbs to injuries, same can be treated as dying declaration. Hence, it would be admissible under section 32(1) of the Evidence Act.
12 What is a Cancellation Report It is the report submitted by the Police before the court for cancellation of the case on the ground that no offence appears to have been committed. In such situation the complainant has to be informed by the Police.
13 What is the option for the Court when cancellation report is submitted by the Police The court may either accept the cancellation report or send the case for further investigation by other agency or investigating officer, if so desired in the given facts and circumstances. The Court has another option to proceed against the accused where the court finds sufficient evidence from the material collected by the police.
14 What are the options to the Magistrate when Report under 173 CrPC is filed. In such situation the Magistrate has 3 options:

1. The Magistrate may either accept the report and take cognizance of the offence and issue process.

2. The Magistrate may disagree with the report and drop the proceedings.

3. The Magistrate may direct the investigation agency to further re-investigate the matter.

15 Is Magistrate bound to accept report under Section 173 CrPC No
16 What is a Protest Petition If Complainant find that Police has not thoroughly or impartially investigated the case or that the cancellation or final report has been filed without any just ground the Petition would be at liberty to file a petition before the concerned Magistrate. Such Petition is called Protest Petition.
17 How to Lodge information about non cognizable offences Non cognizable offence means an offence for which the police has no authority to arrest without warrant. In such cases the Police will start investigation on receiving instruction from the Magistrate. The SHO of the Police station has to record the substance of the information provided by the victim or the information, in a book. Such report is generally called Daily Dairy Report or Non Cognizable Report (ICR)
18 How to Lodge complaint in case of Crime Against Women FIR can be registered in Police Station for Crime against Women.
19 What are the Kinds of Courts 1. Court of CJM or CMM

2. Court of CJM First Class or MM

3. Mahila Courts

4. Juvenile Justice Board

5. Courts of Special Magistrates

6. Railway Magistrate

7. Designated court of special acts

8. Court of Sessions

9. Family Courts

20 What is the process of taking cognizance of offence 1. Complaint of facts

2. Police Report

3. Information received through other persons

 

SNo Legal Term/Question Answer
21 How to file cases 1. All state cases are to be instituted in Magisterial courts as per jurisdiction assigned to the Court

2. Criminal Complaints are to be instituted in Court of Chief Metropolitan Magistrate

22 Is appearance of Complainant is necessary in Summon Case The Complainant must attend the court, unless there is some compelling ground for his absence. Whenever he is not appearing, he should he should inform his counsel to file appropriate application.
23 What is the consequence of non appearance of Complainant in Complaint case If the Complaint is not appearing the Magistrate can acquit the accused unless for some reason he thinks proper to adjourn the hearing of the case. Refer 256 CrPC
24 How to deal with a false case of FIR that disclose no offence In such situation the Accused can file a Petition directly before the High Court under Section 482 CrPC for quashing the Complaint.
25 What is the solution when there is apprehension of arrest in a criminal case On apprehension of arrest the aggrieved party can file application for Anticipatory bail under Section 438 of CrPC. Note - Provision for anticipatory bails is not available in some states.
26 Will court impose any conditions while granting anticipatory bail The Court is empowered to impose conditions while granting Anticipatory Bail under Section 438 of CrPC
27 Is Anticipatory bail available when a Magistrate takes cognizance of offence Remedy available under Section 438 CrPC would be available even when the Magistrate takes cognizance of a non-bailable offence and decides to issue warrant.
28 What is Bail Bond Bail bond is a type of undertaking on a prescribed format to appear or to produce someone before the police or the court as and when directed to do so. Some surety / guarantor for appearance of the accused before arresting officer/ court will be there.
29 When Arrest can be justified as per Judgment of Supreme Court 1. Grave offence

2. The accused is likely to abscond or evade process of law.

3. Violent behaviour of accused

4. Habitual offender

30 What is the safeguard for accused as Supreme Court Judgment to protect constitutional right under Article 21 and 22(1) 1. Inform the friends or relatives of arrested person

2. The Police officer shall inform the arrested person when he is brought to the police station of this right.

3. An entry shall be required to be made in the Diary as to who was informed of the arrest

 

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