Criminal Law GK - 4 Procedure for Investigation by Police, Power to call Witness, Expenses, Period to Complete investigation, Anticipatory Bail, Maximum period of detention, Discharge, Plea Bargaining, Compounding of offence

SNo Legal Term/Question Answer
1 What is procedure for investigation by Police in Non Cognizable case As per Section 155 CrPC no Police officer can investigate a Non cognizable case without the order of Magistrate.
2 Investigation procedure in Cognizable case Any officer in charge of Police Station may investigate any cognizable case, even without order of a Magistrate. As per Section 156 CrPC if the Police officer who investigated the case was not empowered to investigate the matter such police officer cannot be called in question on this ground. If delay is happening in the investigation the Police officer should inform the court. The object of immediate dispatch of special report is that proper directions, if any, are issued by the Magistrate or the Officer under Section 157 and 158 of CrPC. If the In charge of a police station feels that there is no sufficient ground to investigate a case, the officer can inform it to the court. Section 157 of CrPC.
3 Do Police have power to call witnesses to the Police Station If presence of witness is required for recording statement the Police officer is empowered to call the witness to the Police Station or nearby police station Section 157 CrPC.
4 Is Complainant and Witness required to accompany Police to Court No. Complainant cannot be subjected to unnecessary restraint or inconvenience.
5 Is Witness entitled to expenses As per Section 160 of CrPC witnesses visiting from other places are entitled for expenses incurred in visiting the Police Station.
6 What if investigation is not completed within 6 months in a summon case The Magistrate is empowered to order for stopping further investigation. If the investigating officer satisfies the Magistrate with sufficient reason the Magistrate may allow continuation of investigation. Section 167(6) CrPC.
7 Can accused be released where evidence collected by police is deficient. Yes. Such an accused may be required to furnish bonds / undertakings to appear before the Magistrate as and when required for further proceedings. Section 169 CrPC.
8 What is condition for bail in case of bailable offence In case of bailable offences the accused is entitled to get bail as a matter of right. Bail bond No. 45 can be filled for this. As per Section 436 of CrPC in case of bailable offence, where a person is unable to give bail within a week of the date of his arrest, he may be released on executing only personal bond without sureties for his appearance.
9 What is Anticipatory Bail In case of apprehension of arrest at the hands of Police during investigation or execution of any process issued by Court, in case of Non-bailable offence, the accused may apply for anticipatory bail before the Court of Session or High Court. As per 438 CrPC the court may also reject the Anticipatory bail application.
10 What is the procedure for bail in case of Non bailable offences A bail application has to be filed before the court. The Court will decided whether the person is entitled for bail or not

 

 

SNo Legal Term/Question Answer
11 When Court refuse to grant bail As per Section 437 CrPC it appears to the court that there are reasonable grounds to believe that the accused has been guilty of an offence punishable with death or imprisonment for life the court may refuse bail to the accused.
12 What is the applicability of bail to women and minor If the accused is under the age of 16 or is a women or is sick the court may order for grant of bail
13 Is bail a matter of right Yes. Right to seek bail in bailable offences is a matter of right. Section 436 CrPC also makes it clear.
14 When bail is not a matter of right In case of non-bailable offences, accused cannot claim bail as a matter of right. Section 439 of CrPC confers special power on High Court or Session Court regarding bail.
15 What is the guideline set by Supreme Court of India in the case of State through CBI V. Amarmani Tripathi, (2005) 8 SCC 21, AIR 2005 SC 3490, 2005 AIR SCW 4763 1. Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence

2. Nature and gravity of the charge

3. Severity of the Punishment in the event of Conviction

4. Danger of the accused absconding or fleeing, if released on bail;

5. Character, behaviors, means, position and standing of the accused

6. Likelihood of the offence being repeated

7. Reasonable apprehension of the witnesses being tampered with; and

8. Danger, of course, of justice being thwarted by grant of bail.

16 What is the position when the accused is in custody for long. What are the factors to be considered while granting bail 1. The length of residence of accused in his community

2. Employment status, history and financial condition

3. Family ties and relationships

4. Reputation, character and monitory conditions

5. Prior criminal record including any record or prior release on recognizance or on bail.

6. Identity of responsible members of the community who would vouch for his reliability

7. Nature of offence charged and apparent probability of conviction and the likely sentence insofar as these factors are relevant to the risk of non appearance, and

8. Any other factors indicating the ties of the accused to the community or bearing on the risk of willful failure to appear.

17 What is cancellation of bail Grounds for cancellation under Section 437(5) and 439(2) are identical, namely, bail granted under section 437(1) or (2) or section 439(1) can be cancelled where:

1. The accused misuses his liberty by indulging in similar criminal activity.

2. Interference with the course of investigation.

3. Attempts to tamper with evidence or witnesses.

4. Threaten witnesses or indulges in similar activities which would hamper investigation.

5. There is likelihood of his fleeing to another country.

6. Attempts to make himself scarce by going underground or becoming unavailable to the investigation agency.

7. Attempts to place himself beyond the reach of his surety etc

18 What is the provision in Section 436A of CrPC inserted in 2005 regarding bail to under trials. Maximum period under for which under trial prisoner can be retained in jail is where a person has, during the period of investigation, inquiry or tiral under this Code and an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending upto one half of the maximum period of imprisonment specified for that offence under tht law, the accused shall be released by the court on personal bond with or without sureties.
19 What is the provision regarding maximum period of detention No person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under the law.
20 What are the important points while furnishing personal bond The surety should have control over the accused and good financial background. Surety should bring documentary proof of his identity, employment, residence etc

 

SNo Legal Term/Question Answer
21 When Court issue proceed against the accused After presentation of Challan before the court if the court found that there is sufficient ground to proceed against the accused, the court shall issue proceed.
22 When can court start proceedings Once appearance of all accused persons is complete, court will take further steps.
23 Do the accused have right to receive documents from the court After appearance in the court the accused are entitled to copy of complaint or challan or report submitted by the Police and annexures forming part of that free of cost. If the copy of deficient the accused can immediately apply for that.
24 How charge sheet against the accused is framed After hearing the prosecution/Complainant and the accused and their counsel charge sheet will be filed.
25 When court discharges the accused at the stage of framing of charges At the time of framing of charge if the accused produces any undisputed document which proves innocence, the court may acquit the accused.
26 What happens when prima facie case is made out When Prima Facie case is made out, charge or notice is framed, read over and explained to the accused. After framing of charge, statement of accused is recorded enquiring him as to whether he pleads guilty or not.
27 When can the accused file revision Petition In case of no prima facie case is made out against the accused but charge has been framed, the aggrieved accuse may file revision Petition before the Higher Court of Session or High Court.
28 What happens when the accused confessed as guilty If the accused is confessed or admit guilt, curt may dispose of the matter and pas the appropriate sentence. The confession must be voluntary and without any kind of pressure, allurement, threat or coercion.
29 What is Plea bargaining The accused is permitted under the law to bargain on the point of sentence or say punishment, and agree for lesser sentence. The accused is to file an application in supported with affidavit to the effect that the accused has voluntarily preferred, after understanding nature and extent of punishment provided under the law for the offence. The application should be filed in the case in which trial is pending.
30 What is compounding of offence Some specified offences can be compounded. Some offence are compoundable with the permission of the court and some other offences are compoundable without the permission of court. Table of compounding offence is give under section 320 of CrPC.

 

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