assignment on appeal under crpc

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All about appeals under code of criminal procedure by: rohit soni.

June 10,2018:

All about Appeals under Code of Criminal Procedure By Rohit Soni (Download PDF)

The Author, Rohit Soni, is a 4th year student of Vivekananda Institute of Professional Studies (VIPS), New Delhi. He is currently interning with LatestLaws.com

Introduction -

It has been well said by Mr. Wilt chamberlain that “nobody is perfect”. The same is true with respect to the judges as well. Judgments by them are not infallible. There are chances of mistake and error being occurred despite all the provisions for ensuring a fair trial and a just decision. To make sure that the victim to the case do not suffer any harm and the society is not put into danger because of any sort of error or mistake by the judges concerned, the law provides for the provisions of appeal by which the cases concerned can be reheard by the higher court to provide every possible remedy to person aggrieved by the adjudication of the court.Thus, the code of criminal procedure deals with the appeal under Chapter 29 from S ection 372 to 394 .

Q1. What is an Appeal?

Ans- Appeal is basically a case that is filed to a superior court to make the correction in the decision of the inferior court.

As per Black law dictionary, an appeal is a complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.

Q2. What is the form in which the appeal is filed?

Ans- An appeal has to be filed in the form of petition in writing only. Section 382 talks about petition of appeal as-

“Every appeal shall be made in the form of a petition in writing presented by the appellant of his pleader and every such petition shall (unless the court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against”.

Q3. Does the victim have the right to prefer an appeal and what are the order against which it can be filed?

Ans-Yes, the victim has the right to go for an appeal. There are following orders against which the appeal can be filed:

Order acquitting the accused
Order convicting the accused for a lesser offence
Order imposing inadequate compensation

Q4. When are the appeals filed?

Ans- Appeals are filed in the following cases:

Appeals from conviction: where the accused is convicted and the trial is conducted by high court then an appeal would lie to the supreme court. But if the trial is held by the session judge or additional session judge or any other court in which a sentence of imprisonment passed is more than 7 years then an appeal would lie to the high court
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior. —Any person, —

(i) who has been ordered under section 117 to give security for keeping the peace or for good behavior, or

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121,

may appeal against such order to the Court of Session:

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122.

Appeal by the state government against sentence: It is mentioned in the sec.377 of the CrPC that where the sentence passed by the court is inadequate then the state government or Central government can direct the public prosecutor to file an appeal

If the conviction is done by the court other than a high court then state government but if such conviction is in a case wherein the offence has been investigated by the Delhi special police establishment or any agency under any central act then Central government, can file the appeal-

To the court of session, if the sentence is passed by the magistrate; and
To the high court, if the sentence is passed by any other court

Q5. What are the cases in which the appeal is not filed?

Ans- They are as follows: -

No appeal to lie if not provided by law: It is a general rule that the appeal is filed only when it is provided by the law. Section 372 says that – “No appeal shall lie from any judgment or order of a criminal court except as provided for by this Code or by any other law for the time being in force”
No appeal in petty Cases-Sec. 376 says that there shall be no appeal by the convicted person if

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:

Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

No appeal where the accused pleads guilty: -where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal, —

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Q6. What are the powers of the appellate court?

Ans-The Appellate court has the following powers: -

It has the power to dismiss the appeal if there is no sufficient ground for interfering in it
It may reverse the order of the acquittal and direct the further inquiry or retry the accused and pass the sentence in accordance with the law.
It may reverse, alter or maintain the order of conviction in an appeal
It may enhance the sentence by reversing, altering the finding or altering the nature of the sentence
It may make amendments, or any consequential or incidental order that may be just or proper.

Q7. What if the judges of the appellate court are equally divided?

Ans-This question has been dealt with by the section 392 of this Code according to which if the judges are divided in opinion equally then the matter shall be laid before another judge of that court whose decision shall be followed. But if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.

Q8. Are the judgment and the order of the appellate court final?

Ans- Yes, the judgment and the order of the appellate court are final except as provided in section 377, section 378, sub-section (4) of section 384 or chapter XXX:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, —

(a) an appeal against acquittal under section 378, arising out of the same case, or

(b) an appeal for the enhancement of sentence under section 377, arising out of the same case

Q9. What are the cases when the appeal can be abated?

Ans-According to the section 394 of CrPC, an appeal is finally abated on the death of the accused except an appeal from a sentence of fine.

But where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

Explanation. —In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister

Q10. What if the appellant is in jail?

Ans- If the appellant is in jail then the petition of appeal can be presented by him to the officer in charge of the jail who has to forward the petition to the proper authority

Thereafter, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond:

Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:

Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.

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Appeals, Reference & Revision under CrPC

In the context of the Code of Criminal Procedure (CrPC) in India, there are several legal mechanisms and provisions that deal with appeals, references, and revisions. These mechanisms provide individuals and authorities with the ability to challenge or review various decisions made during the course of a criminal case.

Appeal to Higher Court: An appeal is a legal process that allows a party (usually the accused or the prosecution) to challenge a decision or judgment made by a lower court in a higher court. The CrPC provides for different types of appeals, such as appeals against convictions, acquittals, or sentences. The specific provisions for appeals are outlined in Sections 372 to 394 of the CrPC.
Appeal by the Accused: The accused can appeal against a conviction or sentence.
Appeal by the State: The state can appeal against an acquittal.
Appeal by the Complainant: In some cases, the complainant may also have the right to appeal against an acquittal or other decisions

Right of Victim to file Appeal , Section 372 of the CrPC

In the Indian legal system, victims generally have the right to file appeals in certain circumstances, particularly when they are dissatisfied with the outcome of a criminal case. The legal framework for allowing victims to file appeals includes the following:

Appeal by the Complainant (Victim): In many cases, a victim who is dissatisfied with the verdict or judgment in a criminal case has the right to file an appeal. The victim, often referred to as the complainant, can challenge an acquittal or a lenient sentence imposed on the accused.
Section 372 of the CrPC: Section 372 of the Code of Criminal Procedure (CrPC) in India specifically grants the right to the complainant (victim) to file an appeal. This section states that the “right of the complainant to file an appeal against an order of acquittal is equivalent to the right of the State to file an appeal against such an order.”
Conditions for Filing an Appeal by the Complainant: While the complainant has the right to file an appeal, there are certain conditions that must be met, such as:
The complainant must be dissatisfied with the judgment, particularly in cases of acquittal.
The complainant should have legal standing and should have been an aggrieved party in the case.
The complainant should have the necessary legal representation or should act in compliance with the legal procedures for filing an appeal.
Legal Representation: In many cases, the victim or complainant may choose to be represented by legal counsel when filing an appeal.
Right to File an Appeal against Sentence: In cases where the accused has been convicted, the victim or complainant may also file an appeal challenging the inadequacy of the sentence imposed on the accused. This is done to seek a more severe sentence in certain situations.
Procedures for Filing an Appeal: The specific procedures for filing an appeal as a victim may vary, but they are generally guided by the CrPC and applicable legal rules. It is advisable for victims to consult with legal counsel or their lawyer to understand the process.

Section 374 – 394 CrPC Appeal Provisions

Abatement of appeals {section 394}.

Section 394 of the Code of Criminal Procedure (CrPC) in India deals with the abatement of appeals. It outlines the circumstances under which an appeal may abate. Abatement essentially means the termination of an appeal due to certain reasons, such as the death of the appellant. Section 394 specifies the conditions under which an appeal will abate and the exceptions to this rule.

Abatement of Appeals (Section 394): This section applies to cases where an appeal has been filed, and it addresses what happens to the appeal if certain events occur.
Conditions for Abatement: An appeal will abate under the following circumstances:
Death of the Appellant: If the appellant dies after filing the appeal but before the appeal has been heard and finally decided, the appeal will abate. This means that the appeal terminates due to the appellant’s death.
Death of the Accused: If the accused, who is the respondent in the appeal, dies during the pendency of the appeal and the appeal is only against the accused, the appeal will also abate.
Exceptions to Abatement: However, there are exceptions to the abatement rule:
Death of the Appellant but Not of the Accused: If the appellant dies and the accused is not the sole respondent, the appeal does not abate. The appeal can continue, but the legal representatives of the deceased appellant must be substituted for the appellant.
Death of the Appellant but Not of the Sole Accused: If the appellant dies and the accused is not the sole accused (there are multiple accused persons), the appeal does not abate, and it can proceed against the surviving accused.
Substitution of Legal Representatives: When an appeal continues after the death of the appellant, the legal representatives of the deceased appellant are substituted in place of the appellant. They can carry on with the appeal.
Impact of Abatement: In cases where an appeal abates due to the death of the appellant or the sole accused, the proceedings come to an end, and the orders passed by the lower court stand. If the appeal continues, it proceeds as if there has been no abatement.

Suspension of sentence pending on appeal; release of appellant on bail Section 389 CrPC :

Section 389 of the Code of Criminal Procedure (CrPC) in India pertains to the suspension of the sentence of an appellant pending the appeal and the release of the appellant on bail. This section provides a legal mechanism for the court to decide whether an appellant, who has been convicted and sentenced but has filed an appeal against that conviction, can be released on bail during the pendency of the appeal. The court also has the authority to suspend the sentence until the appeal is decided.

Section 389 of the CrPC:

Suspension of Sentence: Section 389 of the CrPC allows the appellate court, such as the High Court, to suspend the sentence of an appellant who has been convicted by a lower court (e.g., a trial court) and sentenced to imprisonment. This means that the appellant’s prison sentence is temporarily put on hold, pending the decision of the appeal.
Release on Bail: In addition to suspending the sentence, Section 389 also empowers the court to release the appellant on bail. This provides the appellant with temporary freedom while the appeal is pending. The court may impose conditions while granting bail to ensure that the appellant appears for the appeal and does not interfere with the course of justice.
Factors Considered: When deciding whether to suspend the sentence and grant bail, the court considers various factors, including the merits of the case, the gravity of the offense, the appellant’s conduct, and whether there are reasonable grounds to believe that the appellant is not likely to abscond or commit further offenses.

“Navjot Singh Sidhu Case” – Connection to Section 389:

The “Navjot Singh Sidhu Case” involves a notable political figure and former cricketer, Navjot Singh Sidhu. He was accused and convicted of causing the death of a person in a road rage incident. Sidhu appealed the conviction and sentence to the Punjab and Haryana High Court.

In this case, Section 389 of the CrPC was invoked when Navjot Singh Sidhu applied for suspension of his sentence and sought bail pending the appeal. The High Court considered various factors and granted him bail while the appeal was pending. The court also suspended his sentence temporarily. This is a common practice when individuals with a criminal conviction file appeals, as it balances the principles of justice and individual liberty.

Section 389 ensures that the appeals process can take place fairly and without undue hardship for the appellant, particularly in cases where the appeal may take some time to be decided. It allows for a balance between the interests of justice and the rights of the appellant.

Reference to High Court: In certain cases, a lower court may refer a question of law to a higher court (usually the High Court) for its opinion. This reference allows the lower court to seek guidance on complex legal issues or questions of law. The procedure for reference is outlined in Section 395 of the CrPC.
Revisional Jurisdiction: Revision is a process through which a higher court, typically the High Court, reviews the proceedings and orders of a lower court to ensure that they have been conducted in accordance with the law. It allows for the correction of errors or irregularities. The provisions for revision are found in Sections 397 to 405 of the CrPC.
Who Can File for Revision: The accused, the prosecution, or any aggrieved person can file an application for revision before the High Court.
Grounds for Revision: Common grounds for filing a revision petition include a manifest error of law, a substantial miscarriage of justice, or any other irregularity in the proceedings.
Limited Scope: Revision is not a rehearing of the entire case but a review of the legality and regularity of the lower court’s proceedings. The High Court may call for the record of the case, examine it, and pass appropriate orders.

About The Author

Types of Appeals under the CrPC

Appeal to the Court of Session: A person aggrieved by the decision of a Magistrate can file an appeal before the Court of Session. The appeal should be filed within 30 days of the date of the order.
Appeal to the High Court: A person aggrieved by the decision of the Court of Session can file an appeal before the High Court. The appeal should be filed within 60 days of the date of the order.
Appeal against acquittal: The state can file an appeal against an order of acquittal passed by a lower court. The appeal can be filed before the High Court within 90 days of the date of the order.
Appeal against conviction: A person convicted by a lower court can file an appeal before the Court of Session or the High Court, depending on the nature of the case.
Appeal against sentence: A person aggrieved by the sentence passed by a lower court can file an appeal before the Court of Session or the High Court.
Revision: A person aggrieved by any order passed by a subordinate court can file a revision before the High Court. The High Court has the power to call for the record of any case and examine it for the purpose of satisfying itself as to the correctness, legality, or propriety of any finding, sentence, or order passed by the subordinate court.
Special Leave Petition: A person aggrieved by the decision of the High Court can file a Special Leave Petition before the Supreme Court. The Supreme Court has the power to grant special leave to appeal against any order passed by any court or tribunal in the territory of India.

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APPEALS (SECTIONS 372-394)

by Archana Singh | Nov 14, 2023

Sections 372 to 394 of the Code of Criminal Procedure (CrPC) in India pertain to appeals. These sections outline the procedures and conditions for filing appeals against various criminal judgments and orders. Section 372 allows victims to file appeals, while Sections 373 to 394 deal with different aspects of appeals, such as who can file them, time limitations, and the process to be followed in the court. These provisions are crucial for ensuring that individuals have the right to challenge criminal court decisions they believe are unjust or erroneous.

SECTION 372 – APPEAL PROVISIONS

No Appeal Unless Provided : No appeal can be made from any judgment or order of a Criminal Court unless allowed by this Code or other relevant laws.
Victim’s Right to Appeal : A victim has the right to appeal against an order of acquittal, conviction for a lesser offense, or inadequate compensation. This appeal goes to the court where appeals from the convicting court are usually heard.

SECTION 373 – APPEAL FROM ORDERS RELATED TO SECURITY OR SURETY

Who Can Appeal : Any person ordered to give security for keeping the peace or good behavior under Section 117 or aggrieved by the rejection of a surety under Section 121 can appeal to the Court of Session.

SECTION 374 – APPEALS FROM CONVICTIONS

Appeals to the Supreme Court : Any person convicted in a trial conducted by a High Court in its extraordinary original criminal jurisdiction has the right to appeal to the Supreme Court.
Appeals to the High Court : Individuals convicted in trials conducted by a Sessions Judge or Additional Sessions Judge, or in any other court where a sentence of imprisonment exceeding seven years is imposed, may appeal to the High Court.
Appeals to the Court of Session : Persons convicted in trials held by a Metropolitan Magistrate, Assistant Sessions Judge, or Magistrate of the first or second class may appeal to the Court of Session.
Sentenced Under Section 325 : This section also covers individuals sentenced under section 325 of the law.
Orders or Sentences Under Section 360: Individuals subject to orders or sentences passed under section 360 by any Magistrate are entitled to appeal to the Court of Session.
Timely Disposal of Appeals : When an appeal is filed against a sentence issued under specific sections of the Indian Penal Code ( sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or 376E) , the law mandates that such appeals must be resolved within six months from the date of filing. This provision was introduced through the Criminal Law (Amendment) Act of 2018.

SECTION 375 – NO APPEAL IN GUILTY PLEAS

Guilty Plea Exceptions : Appeals are not allowed if the accused pleads guilty and is convicted by a High Court. For other courts, appeals are not allowed except for issues related to the extent or legality of the sentence.

SECTION 376 – NO APPEAL IN PETTY CASES

High Court Sentence : If a High Court imposes a sentence of imprisonment not exceeding six months or a fine not exceeding one thousand rupees , or a combination of both, there is no appeal allowed.
Court of Session or Metropolitan Magistrate Sentence : If a Court of Session or a Metropolitan Magistrate imposes a sentence of imprisonment not exceeding three months or a fine not exceeding two hundred rupees , or a combination of both, no appeal is permitted.
Magistrate of the First Class Sentence : When a Magistrate of the first class imposes only a fine not exceeding one hundred rupees, no appeal can be filed.
Summary Trial Sentence : In cases tried summarily by a Magistrate empowered under Section 260, where the sentence is only a fine not exceeding two hundred rupees , no appeal is generally allowed.
EXCEPTIONS TO THE NO-APPEAL RULE

An appeal can be pursued if any other form of punishment is combined with the sentence. However, the sentence itself is not appealable merely on the grounds that:

The person found guilty is required to provide security for maintaining peace.
A direction for imprisonment in default of fine payment is included in the sentence.
Multiple sentences of fines are passed in the case, provided that the total amount of fines imposed does not exceed the specified limit for that case.

SECTION 377 – STATE GOVERNMENT’S RIGHT TO APPEAL SENTENCE

For Grounds for Appeal : The State Government can direct the Public Prosecutor to appeal against a sentence for its inadequacy, with specific conditions.

SECTION 378 – APPEAL IN CASE OF ACQUITTAL

District Magistrate’s Authority for Appeal: The District Magistrate has the authority to direct the Public Prosecutor to initiate an appeal in specific scenarios.
State Government’s Authority for Appeal : The State Government holds the power to instruct the Public Prosecutor to file an appeal under certain circumstances.
Central Government’s Authority in Specific Cases : In cases where the offense is investigated by specific agencies, the Central Government may issue directives for appeals.
Leave of the High Court Required : Appeals under Sub-Section (1) or Sub-Section (2) necessitate obtaining prior approval from the High Court.
Complainant’s Right to Appeal with Special Leave : The complainant has the right to seek special leave for an appeal, granted by the High Court.
Time Limits for Filing Special Leave Application : Specific timeframes are established for submitting applications for special leave to appeal an acquittal.
Refusal of Special Leave to Appeal : In cases where an application for special leave is denied, it results in a prohibition on appealing against the acquittal under Sub-Section (1) or Sub-Section (2).

SECTION 379 – APPEAL AGAINST HIGH COURT CONVICTIONS

Supreme Court Appeal : If a High Court reverses an order of acquittal and convicts with a specific sentence, the convicted person may appeal to the Supreme Court.

SECTION 380 – SPECIAL RIGHT OF APPEAL IN JOINT CONVICTIONS

Joint Convictions : In cases with multiple persons convicted in one trial, all or any of the convicted persons have the right to appeal.

SECTION 381 – HOW APPEALS TO COURT OF SESSION ARE HEARD

Appellate Court for Sessions Judge : Appeals to the Court of Session are usually heard by the Sessions Judge or an Additional Sessions Judge, except for specific cases.

SECTION 382 – PETITION OF APPEAL

Appeal Format : Every appeal must be presented as a written petition by the appellant or their legal representative, accompanied by a copy of the judgment or order being appealed.

SECTION 383 – PROCEDURE WHEN APPELLANT IS IN JAIL

Appeals from Jail : If the appellant is in jail, they can present their appeal to the jail authority, who will forward it to the Appellate Court.

SECTION 384 – SUMMARY DISMISSAL OF APPEAL

Appeal Dismissal : The Appellate Court may summarily dismiss an appeal if it finds no sufficient grounds for interference, subject to certain conditions.

SECTION 385 – PROCEDURE FOR HEARING APPEALS NOT DISMISSED SUMMARILY

Notice and Record : If the appeal is not dismissed summarily, the Appellate Court must give notice to relevant parties and send for the case record before hearing the appeal.

SECTION 386 – POWERS OF THE APPELLATE COURT

Appellate Court Powers : The Appellate Court, after perusing the record and hearing parties, can dismiss the appeal or take various actions based on the appeal type, with certain restrictions.

SECTION 387 – JUDGMENTS OF SUBORDINATE APPELLATE COURT

Appellate Court Judgment : Rules related to judgments of a Criminal Court of original jurisdiction apply, with exceptions, to judgments in appeal of a Court of Session or Chief Judicial Magistrate.

SECTION 388 – ORDER OF HIGH COURT CERTIFICATION

High Court Certification : High Court judgments are certified to the lower court where the original judgment was recorded or passed, with a process involving the Chief Judicial Magistrate or District Magistrate.

SECTION 389 – SUSPENSION OF SENTENCE PENDING APPEAL AND RELEASE ON BAIL

SUSPENSION OF SENTENCE AND BAIL:
Appellate Court’s Authority: Discusses the power of the Appellate Court to suspend the execution of a sentence and release the convicted person on bail or their own bond.
SPECIAL CONSIDERATIONS FOR SERIOUS OFFENSES:
Criteria for Serious Offenses : Explains that certain conditions apply if the convicted person is sentenced for grave crimes such as death penalty, life imprisonment, or imprisonment exceeding ten years.
Role of Public Prosecutor : Describes the requirement for the Appellate Court to give the Public Prosecutor an opportunity to present written objections against the release.
Bail Cancellation Possibility : Indicates that if a convicted person is released on bail, the Public Prosecutor may file an application for bail cancellation.
EXTENDED JURISDICTION OF THE HIGH COURT:
High Court’s Authority : Highlights that the High Court can also exercise the powers described in this section in cases where the appeal is filed in a subordinate court.
RELEASE ON BAIL WITH APPEAL INTENT:
Eligibility Criteria: Clarifies the conditions under which the convicted person can seek release on bail, based on their intent to appeal.
Specific Situations : Distinguishes scenarios where a person on bail is sentenced to less than three years or convicted of bailable offenses.
Bail Duration : Discusses the duration for which bail can be granted to allow sufficient time for the appeal process, emphasizing that the sentence of imprisonment is considered suspended during this period.
EXCLUSION OF BAIL TIME IN SENTENCE CALCULATION:
Time Exclusion : Explains that the time a convicted person spends on bail is not counted when calculating the final sentence if they are ultimately sentenced to a term of imprisonment or life imprisonment.

SECTION 390 – ARREST OF ACCUSED IN APPEAL FROM ACQUITTAL

Arrest in Acquittal Appeals : In appeals from acquittals, the High Court may issue a warrant for the arrest of the accused, who can be committed to prison or admitted to bail.

SECTION 391 – APPELLATE COURT MAY TAKE FURTHER EVIDENCE

Additional Evidence : The Appellate Court may, if necessary, take additional evidence, and the accused has the right to be present during this process.

SECTION 392 – PROCEDURE WHEN JUDGES ARE EQUALLY DIVIDED

Diverging Opinions : When Judges are divided in opinion in a High Court appeal, the appeal and their opinions may be referred to another Judge, and a larger Bench may be considered.

SECTION 393 – FINALITY OF JUDGMENTS AND ORDERS ON APPEAL

Finality of Appeals : Judgments and orders passed by an Appellate Court are generally final, with exceptions noted in specific sections.

SECTION 394 – ABATEMENT OF APPEALS

ABATEMENT OF APPEALS UPON THE DEATH OF THE ACCUSED:
Section 377 and Section 378 Appeals : Explains that appeals filed under Section 377 or Section 378 will automatically abate if the accused passes away.
ABATEMENT OF OTHER APPEALS ON APPELLANT’S DEATH:
General Rule : Describes the general rule that all other appeals under this chapter (excluding appeals from sentences of fine) will also abate if the appellant dies.
EXCEPTION FOR APPEALS AGAINST CONVICTION AND DEATH OR IMPRISONMENT:
Special Provision : Highlights an exception where the appeal is against a conviction and sentence of death or imprisonment.
Death of the Appellant : If the appellant dies during the appeal process, the section allows any of their close relatives to apply to the Appellate Court within thirty days of the appellant’s death for permission to continue the appeal.
Grant of Leave : If the Appellate Court grants permission, the appeal will not abate, and it can proceed.

In conclusion, Sections 372 to 394 of the Code of Criminal Procedure in India encompass the various aspects of appeals in the criminal justice system. These sections define who can file appeals, the grounds for appeal, the procedures to be followed, and the powers of appellate courts. They play a crucial role in ensuring individuals have the right to challenge unjust or erroneous criminal judgments while providing a framework for the appellate process.

REFERENCE

1- https://www.ndtv.com/india-news/victims-of-crime-can-appeal-against-acquittal-of-accused-top-court-rules-1931275/amp/1 -NDTV

2- https://timesofindia.indiatimes.com/city/bengaluru/cheque-bounce-case-convict-must-first-appeal-to-sessions-court-karnataka-hc/amp_articleshow/98134586.cms -THE TIMES OF INDIA

3- https://m.economictimes.com/news/india/respond-on-process-adopted-for-listing-criminal-appeals-sc-tells-allahabad-hc-registrar-general/amp_articleshow/91590686.cms -THE ECONOMIC TIMES

4- https://www.thehindu.com/news/national/supreme-court-asks-allahabad-hc-registrar-general-to-respond-on-process-adopted-for-listing-criminal-appeals/article65418939.ece/amp/ -THE HINDU

Written By Archana Singh

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Appeal, Reference, and Revision Under The Criminal Procedure Code

Introduction

An appeal, Reference, and Revision are under the inherent rights bestowed on every citizen of the country. This is the right to be heard. Article 21 of the Indian Constitution provides that every person is entitled to the right to personal liberty as prescribed under the law.

As such, no one should be deprived of this right except where there is a criminal case against such an individual who is found guilty and confined to imprisonment. In such instance, the person has a right to appeal against the decision of the court for an acquittal or a discharge. Appeal only lies from a lower court to a higher court.

The purpose of this Article is to expand on the terms Appeal, Reference, and Revision under the Criminal Procedure Code and characterize the difference between the three, especially under the Code.

Appeal –

In lay terms, Appeal is defined as an application of plea that is brought to a higher court to review the decision of the lower court. Such application comes as a legal proceeding and cannot be made to the court on the same level as the trial court but to a higher court.

For instance, an aggrieved person can file an appeal against the decision of the Magistrate Court to the High Court of the State, he or she can file an appeal against the decision of a High Court to the Court of Appeal, and likewise to the Supreme Court. The decision of the Supreme Court is final and there is no appeal afterward.

Under the Code, sections 372 – 394 govern Appeal. Each of these sections shall be considered accordingly. But before diving into it, it is pertinent to note that an appeal in criminal cases may either be to overturn the decision of the lower court or to affirm the decision and lower the sentence or conviction.

In this case, the aggrieved person has been convicted of an offense but the lower court failed to impose the required sentence prescribed by the law for such an offense. Thus, only a person affected or aggrieved by a decision of the court may appeal against such decision.

Section 372 of the Criminal Procedure Code, 1973 stipulates that appeal shall only lie from the lower court to the higher court if it is provided for in the Code.

Section 374 provides from appeals from the court convictions. It stipulates that appeal shall lie from the High Court to the Supreme Court for convictions. An appeal also can lie from a Court of Sessions to the High Court for a conviction that is more seven (7) years.

An appeal shall lie from the Magistrate Court to the Session in certain cases provided under section 325 .

Section 375 stipulates that there shall not be any appeal in any case where the accused pleaded guilty and was convicted on that plea especially if the conviction is by a High Court, Magistrate Court or Court of Sessions except if the appeal bothers on the legality or extent of the conviction or sentence.

Section 376 adds that there shall be no appeal for petty cases. Petty cases are offenses that are treated as simple offenses or misdemeanor. Instances of petty cases are conviction by the High Court for a term of imprisonment not exceeding six (6) months or a fine not exceeding 1000 rupees.

Also, a conviction by the Metropolitan Magistrate for a term of not more than three (3) months or a fine of not more than 200 rupees; and, a conviction by the Magistrate for a fine, not more than 100 – 200 rupees.

Section 377 covers appeal by the State government on the sentence or conviction that bothers on the ground of inadequacy.

Section 378 covers appeal in cases of acquittal. In such instance, the cases can only be entertained or heard with the leave of the court.

In Chandrappa vs the State of Karnataka , the Appellate court laid down the guiding principles for appeals against acquittals. The principles are as follows:

Where the fact of the case is obviously wrong and has warranted a miscarriage of justice. In this instance, an appeal can be held on the acquittal. This principle was established in Bhagirath , 35 CR LJ 1367.
In an instance where the trial court failed to draw a clear distinction between an unquestionable inference from the facts of the case. Example, Raothula 40 CR LJ 458.
Where the trial court overlooked important evidence in adjudicating the case which results in a wrong decision or a miscarriage of justice. Example, Dharnadas , A1960 SC 734.
When the facts of the case tendered were erroneously rejected as evidence by the trial court. An instance is Dhulaji , A1963G 234.

Section 379 provides for an appeal against the sentence or conviction of the High Court in cases such as:

A life imprisonment
An imprisonment for ten (10) years or more
A death sentence

In such instances, an appeal shall lie directly to the Supreme Court.

Other sections pertaining to Appeal not discussed are the stipulations and provisions of the procedures and timeline for appeal by an aggrieved person to various courts.

Reference in lay terms is a consultation of various sources of information from the trial court. Reference is simply an application made by the trial court to a higher court for the explanation of an Act, Legislation, and Regulation pertaining to the case at hand.

As such, there will be a thorough examination of the Laws to find out if there is a misunderstanding or a misapplication or a reevaluation of the facts of the case in tandem with the application of the law. Reference is covered under Chapter XXX particularly sections 395 – 396 of the Criminal Procedure Code .

Section 395 defines a Reference as where there is a case before a trial court and such case involves a question pertaining to the validity of a Regulation, Ordinance or Act or any provisions of the Regulations, Ordinance or Act, which is necessary for the determination of the criminal case. Such Act, Regulations or Ordinance may be inoperative or invalid but a higher court such as the Supreme Court or the High Court has not declared it so.

As such, the lower court or the trial court will refer to the higher court for its reason or opinion. Such opinion or reason may form the basis of the Court’s decision. In such instance, the accused may be committed to prison or set on bail pending the return of the reason or opinion by the higher court.

Section 396 of the Criminal Procedure Code covers for the party that may bear the cost when the reason or opinion sought for on point of law is returned back to the trial court. Also, it stipulates on how the pending case is determined subject to the return of such opinion or reason by the trial court.

Revision is simple terms is to correct or alter a decision already made. It is a two-way traffic. That is, a decision of the court can be revised by the trial or lower court or by the higher or supreme court. The main aim of both sides is to revise, alter, correct, review the decision already made by the trial court.

The power to revise a decision by the higher court is discretionary and as such, it does not confer or impose on the higher court an order to revise every decision brought before it. In the case of Pranab Kumar v. the State of WB , the Supreme Court was of the view that revision powers are not a conferred right on the litigants.

It is put in the code to serve as a check and also to ensure that the High Court has the power to see that justice is served in accordance with the rules and laws. Revision ensures that the court does not abuse its powers or exceed its jurisdiction provided for by the Code.

For instance, section 362 of the Criminal Procedure Code provides that no court has the right to review or alter its final judgment or final order or final decision once it has been signed. The only exception is to correct a clerical, arithmetic or grammatical error.

Therefore, the power to review may vest in the superior court but the power to revise rests on the lower court. The power to review or revised cannot be exercised when there is a pending appeal on the case in a higher court.

Revision is covered under Chapter XXX, sections 397 – 402 of the Code . The Sections provides as follows:

Section 397 – the Court has the power to call for the record of proceedings of its court or any inferior courts.

Section 398 – Upon examining the record of proceedings, the Judge has the right to order for an inquiry into the decision of a case.

Sections 399 – 400 – the Session Judge have the power to revise a decision and he or she can call additional session judges for the revision of the decision.

Section 401 – the High Court has the power to revise the cases before it or before the inferior or lower courts.

Section 402 – the High Court also has the power to transfer or withdraw the revision cases before it.

Difference between an Appeal, Reference, and Revision

An appeal, Reference, and Revision are different terms in law that all serve the same purpose, that is, to ensure that justice is served.

An Appeal may avail an aggrieved person or an accused the opportunity to petition his or her case to the higher court while reference is to consult the higher court on points of law pertaining to a pending case. Revision, on the other hand, is a review or alteration of an error made after the final judgment has been delivered.

These are the distinctions that differentiate the three under the Code.

Review, Revision, Appeal in CPC and CrPC : Complete Analysis

In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order in both civil and criminal law. Understanding legal remedies in Indian law, such as Review, Revision, and Appeal, is crucial for effectively navigating through the complexities of both civil and criminal proceedings. This comprehensive analysis of CPC and CrPC sheds light on the appeal process in India, offering valuable insights for legal practitioners and students alike.

1. Review in Civil Law:

Review in Civil Law: In civil law, review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing a review in civil law is provided under Section 114 of the Code of Civil Procedure, 1908 .

According to Section 114, any person considering himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, may apply for a review of the decree or order to the court which passed the decree or made the order. The review can only be sought on the grounds of discovery of new and important matter or evidence , which was not within the knowledge of the applicant or could not be produced by them in the original proceedings.

It is important to note that the scope of review under Section 114 is limited and does not extend to re-examination of the evidence or re-appreciation of facts that were considered by the court in the original proceedings. The review proceedings are summary in nature and are not intended to be a substitute for an appeal. They are designed to correct judicial errors that may have occurred in the original proceedings, and not to re-adjudicate the matter afresh.

2. Revision in Civil Law:

Revision in Civil Law: In civil law, revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. The procedure for filing a revision in civil law is provided under Section 115 of the Code of Civil Procedure, 1908 .

According to Section 115, the High Court may call for the records of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears-

(a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.

In other words, a revision can be filed in the High Court if the subordinate court has exercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction vested in it, or acted illegally or with material irregularity in the exercise of its jurisdiction.

3. Appeal in Civil Law

Appeal in Civil Law: In civil law, appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing an appeal in civil law is provided under Section 96 to Section 105 of the Code of Civil Procedure, 1908 .

According to Section 96, an appeal lies to the High Court from any decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. In other words, an appeal can be filed in the High Court if the case involves a substantial question of law and the subordinate court has passed a decree in appeal.

4. Review in Criminal Law

Review in Criminal Law: In criminal law, review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing a review in criminal law is provided under Section 397 of the Code of Criminal Procedure, 1973 .

According to Section 397, a person can apply for a review of any order made in any criminal proceeding if he considers himself aggrieved by the order. The review can only be sought on the grounds of discovery of new and important matter or evidence , which was not within the knowledge of the applicant or could not be produced by him in the original proceedings

It is important to note that the scope of review under Section 397 is limited and does not extend to re-examination of the evidence or re-appreciation of facts that were considered by the court in the original proceedings. The review proceedings are summary in nature and are not intended to be a substitute for an appeal. They are designed to correct judicial errors that may have occurred in the original proceedings, and not to re-adjudicate the matter afresh.

5. Revision in Criminal Law

Revision in Criminal Law: In criminal law, revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. The procedure for filing a revision in criminal law is provided under Section 397 and Section 401 of the Code of Criminal Procedure, 1973 .

According to Section 397, a person can apply for a revision of any order made in any criminal proceeding if he considers himself aggrieved by the order. The revision can only be sought if the order is considered to be illegal or improper. The power of revision under Section 397 is exercised by the High Court in cases where the subordinate court has passed an order in a criminal proceeding.

6. Appeal in Criminal Law

Appeal in Criminal Law: In criminal law, appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing an appeal in criminal law is provided under Section 372 to Section 376 of the Code of Criminal Procedure, 1973 .

According to Section 372, an appeal lies from every conviction, sentence, or order of any Criminal Court, except in cases where the sentence is a sentence of death or of transportation for life or of imprisonment for life. In other words, an appeal can be filed in a higher court if the subordinate court has passed a conviction, sentence, or order in a criminal proceeding, except in cases where the sentence is a sentence of death, transportation for life, or imprisonment for life.

In conclusion, Review, Revision, and Appeal are different remedies available in the Indian legal system to challenge the correctness of a judicial order passed against a party. The procedure for filing each remedy and the scope of their powers differ in civil and criminal law. It is important to understand the differences and limitations of each remedy to effectively navigate the Indian legal system and seek justice.

Difference between Review, Revision and Appeal?

In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order.

Review: Review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. It is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and important matter or evidence , which was not within the knowledge of the applicant or could not be produced by them in the original proceedings.
Revision: Revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. It is filed in a higher court and can be sought on the grounds of error of law or of fact, which is apparent on the face of the record.
Appeal: Appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. It is filed in a higher court and can be sought on various grounds such as error of law, error of fact, or even to re-examine the evidence and facts that were considered by the lower court.

In conclusion, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order. Review is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and important matter or evidence , while Revision is filed in a higher court and can be sought on the grounds of error of law or of fact. Appeal is also filed in a higher court and can be sought on various grounds such as error of law, error of fact, or to re-examine the evidence and facts. It is important for parties to understand the differences between these remedies in order to choose the appropriate remedy that best suits their needs.

Comparison Table: Review, Revision, and Appeal in Civil and Criminal Law

At Century Law Firm , our team of experienced lawyers has a deep understanding of the complexities involved in Review, Revision, and Appeal cases in both Civil and Criminal Law. Our lawyers are well-versed in the latest legal provisions and have a successful track record of handling such cases. Our approach is to provide personalized attention to each of our clients and to devise a strategy that is tailored to their specific needs. We are committed to achieving the best possible outcome for our clients and work tirelessly to ensure that their rights are protected and their interests are represented effectively in the legal system. Whether you are seeking to challenge a judicial order or seeking justice in a criminal case, Century Law Firm is the right choice for you. With our years of experience and expertise in the field, we are confident in our ability to provide the highest quality of legal representation to our clients.

FAQs on Review, Revision, Appeal in CPC and CrPC

What is a review in civil law? A review in civil law is a legal remedy that challenges the correctness of a judicial order. It is applicable when new evidence is discovered that was not previously available. It’s governed by Section 114 of the Code of Civil Procedure, 1908 .
What does an appeal in criminal law involve? An appeal in criminal law allows a party to challenge a judicial order. It’s applicable for every conviction, sentence, or order, except in cases of death, transportation for life, or life imprisonment sentences. This is outlined in Sections 372 to 376 of the Code of Criminal Procedure, 1973 .
How does revision differ in civil and criminal law? In civil law, revision allows a superior court to examine the legality of a subordinate court’s order (Section 115, CPC, 1908). In criminal law, it enables the High Court to review orders for legality or propriety (Sections 397 and 401, CrPC, 1973) .
Can the scope of a review extend to re-examination of evidence ? No, the scope of a review, both in civil and criminal law, is limited and does not include re-examination of evidence or re-appreciation of facts already considered. Reviews are meant to correct judicial errors, not to re-adjudicate matters .
What constitutes a substantial question of law for an appeal in civil law? A substantial question of law in an appeal in civil law is a prerequisite for an appeal to the High Court. This applies when a subordinate court has passed a decree in appeal and is covered under Section 96 of the CPC, 1908 .
How does the Indian legal system ensure fairness in judicial orders? The Indian legal system employs review, revision, and appeal mechanisms in both civil and criminal law to ensure fairness. These processes allow for the challenge and correction of judicial orders, ensuring that justice is served and errors are rectified .
What is the difference between review, revision, and appeal? Review, revision, and appeal are legal remedies in the Indian legal system for challenging judicial orders in civil and criminal law. A review challenges the correctness of a judicial order based on new evidence or matters. Revision involves a superior court examining the legality of an order by a subordinate court. An appeal allows a party to challenge a judicial order, typically at a higher court level .
Can review proceedings be used as a substitute for an appeal? No, review proceedings, whether in civil or criminal law, are not intended to be a substitute for an appeal. They are summary in nature, designed to correct judicial errors in the original proceedings, without re-adjudicating the matter afresh .
What are the conditions for filing a revision in civil law? A revision in civil law can be filed under Section 115 of the CPC, 1908, when a subordinate court has exercised jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity in its jurisdiction .
How is an appeal in criminal law different from civil law? In criminal law, appeals are generally filed against convictions, sentences, or orders of criminal courts, excluding cases of death, transportation for life, or life imprisonment. In civil law, appeals often involve substantial questions of law and are directed against decrees passed in appeal by subordinate courts .
What is the role of the High Court in the revision process under criminal law? Under criminal law, the High Court exercises its revisional powers, as outlined in Sections 397 and 401 of the CrPC, 1973, to examine the legality or propriety of orders passed in criminal proceedings by subordinate courts .
Can a party file for both review and appeal on the same order? Typically, a review is sought when no appeal has been preferred, even though an appeal is allowed. This means a party usually opts for either a review or an appeal, depending on the specific circumstances and legal strategy .

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Difference between Appeal and Revision under CrPC, 1973

According to Chapter XXIX, Section 372 to Section 394 of the Code of Criminal Procedure, 1973 deals with the provision of Appeal.

As per Chapter XXX, Section 397 to Section 402 of the Code of Criminal Procedure, 1973 deals with the provision of Revision.

The High Court admits the Appeals both on the questions of law and fact and decides them as well.

In case of Revision the High Court only decides and adjudicates on a question of law. However, it has also powered to enter into the questions of fact, for the ends of justice, if it deems necessary.

An Appellant has a statutory right to Appeal which he can demand from the Court either on a question of law or on a question of fact or upon both as a matter or right.

In case of Revision the appellant has no statutory right; of course, he can invite the attention of the court to the grounds of revision based on law. The Court has wide discretionary powers in exercise of its revisional jurisdiction.

The High Court in Appeal can convert the acquittal into conviction and vice versa.

But in Revision it cannot convert a finding of acquittal into one of conviction.

An Appeal cannot be dismissed by the High Court without having given the appellant or his pleader a reasonable opportunity of being heard.

But in Revision the High Court is not bound to hear the applicant or the pleader appointed on his behalf, of course, there is one exception to this rule, while enhancing any sentence the accused shall be given an opportunity to be heard as a matter of right.

In Appeal the High Court cannot direct the tender of pardon.

But Revision can do in the exercise of its revisional jurisdiction.

The interested party is required to file the Appeal.

While the Revisional power may be exercised by the High Court on its own initiative.

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Bail Provisions Under the Criminal Procedure Code

Bail is a rule and jail is an exception – Supreme Court of India

The word bail has been coined from the French word ‘ bailer ‘, which means to deliver or give . The tentative release of an accused from custody is termed as bail. In other words, bail is the security for the accused person. In this CrPC law note, you’ll learn more about bail under the Indian Criminal Procedure Code.

Bail Provisions Under Indian Constitution

Bail provisions under crpc, bail in bailable offence, bail in non-bailable offence, stages or types of bail, advantages of bail, disadvantages of bail, cancellation of bail, important case laws regarding bail.

The Indian Constitution under Article 21 guarantees the right to life and personal liberty to every individual. A person is assumed to be innocent unless proved guilty. Hence, an accused shall not be deprived of personal liberty unless prescribed by a fair and just procedure.

The term ‘ bail ‘ is nowhere defined in the Criminal Procedure Code, 1973. However, bail provisions have been defined in CrPC under sections 436-450 . The first schedule of CrPC also defines which offences are bailable and which are not. Generally, non-bailable offences are more heinous crimes.

Section 436 of CrPC deals with provisions for bail in bailable offences. This provision is mandatory in nature, and the police or the court has no discretion over it.

Case Law : Vaman Narayan Ghiya vs the State of Rajasthan : The apex court has held that no jurisdiction lies to any court while granting bail under section 436 CrPC except asking for security.

Note : 2005 Amendment of CrPC removed the sureties in the case of indigent persons .

Section 437 of CrPC deals with provisions for bails regarding non-bailable offences. It is based purely on the discretion of the court (other than the High Court and Sessions court).

Case Law : Kalyan Chandra Sarkar vs Rajesh Ranjan : The apex court observed that the detention of the accused in non-bailable offences could not be questioned as being violative of Article 21 of the Constitution.

1. Anticipatory Bail

Anticipatory bail is filed before the arrest is made. In other terms, it is also known as pre-arrest bail . The accused apprehending arrest can approach the High Court of the concerned state for anticipatory bail application under section 438 of CrPC . Anticipatory bail is frequently in the news, and politicians, prominent personalities, journalists, etc., often use this.

2. Bail on Arrest

This is filed after the arrest of the accused person. Under Section 437 of CrPC, the arrested person can approach the court for bail.

3. Bail for Convict

This is filed post-conviction by the court, and an appeal lies against the same. When the accused has been convicted by the court and has preferred an appeal, the accused can apply to the appellant court for bail.

Related Law Note : Criminal Appeal and Its Kind Under CrPC

4. Default Bail

When the charge-sheet is not filed in the court within the prescribed time period or in other words, the investigation remained incomplete within the stipulated time period; the accused is entitled to default bail.

5. Interim Bail

Lal Kamlendra Pratap Singh vs State of U.P. and Ors. (2009) : Interim bail is nowhere defined in CrPC. The concept of interim bail was started by the Hon’ble Supreme Court in 2009, stating that interim bail be granted pending disposal of bail application because arrest and detention of a person may cause irreparable loss.

Rukmani Mahato vs the State of Jharkhand (2017) : Here, the misuse of interim bail came to the Supreme Court’s notice. The apex court had expressed extreme displeasure over granting regular bail based on the pre-arrest/interim bail of the superior court. The apex court held:

Even if the superior court dismisses the anticipatory bail plea after further examination, the normal bail granted by the subordinate court will continue to hold the field, rendering the superior court’s final denial of the pre-arrest bail useless.

Some of the major benefits of granting bail are:

One can be well-braced for trial.
One’s reputation can be preserved.
One can attend his work or job.
Family bonding and responsibilities can be maintained.
Freedom from police torture.
Freedom from the boredom of hardened criminals.
Freedom from low hygienic conditions of the jail.
One can meet his advocate anytime.

The primary concerns for granting bail are:

The burden of expenses lies on the state.
Damage is caused to the reputation of the accused.
The accused family finds it difficult to adjust to society because people have inferior views against the same.

Bail can be cancelled anytime under section 437 (5) of CrPC if the accused violates any of the conditions prescribed by the court. The petition for cancellation of bail can be filed by the state or the party aggrieved in the court.

In May 2021, the Madhya Pradesh High Court has stated that District Judiciary is extremely tight twisted in granting bail, which in turn issued directions regarding granting of bail to police as well as Judicial Officers, which are as follows:

Instructions to Police Regarding Bail

When the maximum penalty for an offence is up to 7 years in jail, the accused may not be detained by the police as a matter of course; unless there is a specific statute that requires it.
Before arresting in such a case, the police would record the reason in writing why the arrest was necessary: To prevent the accused from committing any further offences, or for case’ proper investigation, or to prevent the accused from causing the disappearance of evidence or based on credible suspicion that the accused would tamper with evidence or prevent a witness from testifying, or based on credible apprehension that the accused would tamper with evidence or prevent a witness from testifying.
While arresting an accused of offences carrying a potential punishment of up to 7 years, the State Police is required to format and produce a checklist of pre-conditions that the police must meet under section 41(1)(b)(ii) of the CrPC . A copy of the checklist must be submitted with the remand application to the Magistrate who has the authority to remand the accused to the police or judicial custody .
If the police decide not to arrest the suspect, the Magistrate must be notified within two weeks of the FIR being filed. For circumstances that must be proven in writing, the Superintendent of Police may extend this term.
If questioning of the accused is needed, the accused must be issued with a notice under section 41A CrPC or section 160 CrPC within two weeks of the FIR being registered, which may be extended by the Superintendent of Police of the district concerned for reasons to be recorded in writing.
When the police do not arrest the accused, and the accused appears before the police on notice under section 41A or section 160 CrPC and assists the police in the course of the investigation, the police are not to arrest the accused unless there are compelling reasons that must be recorded, as stated in paragraph 31.2.
Suppose the police fail to comply with the requirements mentioned above. In that case, they will be held in contempt of the court’s order, in addition to any other administrative action that may be taken against the erring officer.

Instructions to Judicial Magistrates Regarding Bail

When exercising remand powers, the Magistrate must determine whether the arrest made by the police meets the conditions of section 41 of the CrPC, as stated in paragraph 11.2 of Arnesh Kumar’s case .
The Magistrate must determine if the checklist is available, as ruled by the Supreme Court in Arnesh Kumar’s case, paragraph 11.3.
Suppose the police fail to comply with paragraphs 11.2 and/or 11.3 of Arnesh Kumar’s case. In that case, the Magistrate shall not authorise further detention of the accused and shall release him immediately, as the arrest is unlawful in and of itself. Thus his detention would be unlawful as well due to the police failing to comply with the requirements of section 41 of the Criminal Procedure Code.
In accordance with paragraph 11.4 of Arnesh Kumar’s judgement, it is obligatory for the Magistrate authorising detention to record his independent satisfaction and to guarantee that his satisfaction for further remand of the accused is fulfilled in his order of remand.
The Magistrate must also determine whether specific reasons for the accused’s arrest have been documented and if those reasons are significant, leading to a reasonable judgement that one of the conditions for the accused’s continued custody as an undertrial has been met.
Failure on the part of the Magistrate to perform as ordered herein may result in administrative procedures being initiated against such Magistrate.

The power given to the police for arrest has become one of the remunerative sources for police corruption. It has become a handy tool who act with ill motive.

Courts, especially the district courts and courts subordinate to it, hesitate to provide bail to the accused as the fear grows in Judicial Magistrates’ minds as to they may be questioned by higher judiciary or vigilance case may be initiated against them.

In such cases, the accused approaches the higher judiciary for bail, resulting in courts’ overcrowding. Therefore, Judicial Magistrates of the level of District Judge and below should adhere to the directions given by High Courts and Supreme Courts while deciding bail related cases.

This not only will help the accused in getting bail rather overcrowding of higher courts can be prevented. This will also be a lesson for the police for making unnecessary arrests.

Now, we have a different writer talking about Bail in her style. Please see this as well.

The provisions of bail are mentioned in chapter XXXIII of the Criminal Procedure Code from sections 436 to 450. The word ‘Bail’ has not been defined in the code. Law Lexion defines bail as the security for the appearance of the accused person on which he is released pending trial or investigation .

Object of Bail

Circumstances of bail.

According to ‘Black’s Law Dictionary’ the object of bail is to procure the release of a person from legal custody by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.

In ‘ Moti Ram vs State of MP ‘, the court held that there is no definition of bail in the code, although the terms bailable offence and non-bailable offence have been defined.

The code classifies offence as bailable and non-bailable offence. Both the terms have been defined in section 2(a) of the code . Serious offences which are punishable with imprisonment of three years or more are considered non-bailable offences . In contrast, less serious crimes punishable with imprisonment of less than three years are considered bailable offences .

Here are six conditions of bail in the Criminal Procedure Code.

1. Bail in Case of Bailable Offence – Section 436

Bail in bailable cases is a matter of right. Section 436 of CrPC deals with bail in bailable cases. This section empowers the court as well as the police to grant bail. Any accused arrested for committing a bailable offence and is willing to provide bail must be released with or without sureties. Provided where such person is indigent and is unable to provide surety, such person shall be discharged executing a bond without sureties.

2. Bail in Case of Non-Bailable Offence – Section 437

Bail in non-bailable cases is a privilege. Bail under section 437 of CrPC is granted at the court’s discretion. A person shall not be released on bail if:

(i) the person is guilty of an offence punishable with death or imprisonment of life ; (ii) the offence is a cognisable offence; (iii) the person has been previously convicted of an offence punishable with death or imprisonment of life ; (iv) the person has been convicted twice or more in the past for a cognisable offence punishable with imprisonment for three years or more but not less than seven years.

3. Anticipatory Bail – Section 438

It is the pre-arrest bail. Any person who apprehends his/her arrest regarding a non-bailable offence can apply for anticipatory bail. Anticipatory bail has not been defined anywhere in the code.

In ‘ Balchand Jain vs State of MP ‘, the Supreme Court specified anticipatory bail as bail in anticipation of arrest.

In ‘ Siddharam Satlingappa Mhetre vs State of Maharastra ‘, the Supreme Court emphasised that anticipatory bail is a device to secure the individual’s liberty and neither a passport for the commission of crime nor a shield against any kinds of accusations likely or unlikely .

4. Bail in Default: Bail Granted by Default Due to Non-Completion of Investigation – Section 167(2)

When the investigation is not completed within 24 hours, the judicial magistrate is empowered to authorise the custody of the accused under section 167 of the code .

A person who is detained for committing an offence and is undergoing investigation are eligible for bail;

(i) After 90 days when investigation relates to an offence punishable with death or imprisonment for not less than ten years (ii) After 60 days, if the investigation is related to any other offence

If the investigating authority fails to file a charge sheet.

The bail granted to a person when the main bail application is yet to be disposed of and may consume a longer time to decide. It was recently granted to comedian Munawar Faruqui as the procedure laid down under law for arrest was not followed.

6. Bail After Conviction – Section 389

A convicted person can get bail from the appellate court after filing the criminal appeal under section 389(1) and (2) of CrPC .

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What is the procedure of Investigation under CrPC?

Table of Contents

Introduction –

Investigation under the Code of Criminal Procedure (CrPC) in India is the foundational stage of the criminal justice system, where the process of unraveling alleged crimes begins. It serves as the critical bridge between a reported offense and the subsequent legal proceedings.

The CrPC lays down the comprehensive framework that guides law enforcement agencies in conducting thorough, impartial, and lawful investigations. This stage is integral to upholding the principles of justice, as it is where evidence is collected, witnesses are interviewed, and the basis for legal action is established.

The investigation process is defined by a delicate balance, where the pursuit of justice and the protection of individual rights are paramount. The CrPC incorporates safeguards to ensure that the accused are treated fairly and that their fundamental rights are respected throughout the investigative process.

It is within this framework that law enforcement authorities carry out their duties to uncover the truth, uphold the rule of law, and protect society from criminal activity. In this intricate dance of justice, the investigation under CrPC serves as the initial step, setting the stage for the subsequent legal proceedings that determine the fate of those accused of wrongdoing.

What is the procedure of investigation under CrPC?

The procedure of investigation under the Code of Criminal Procedure (CrPC) in India is a crucial part of the criminal justice system. It outlines the steps and processes that law enforcement agencies follow when a crime is reported. Here’s a brief overview of the typical procedure of investigation under CrPC:

The investigation usually begins with the lodging of an FIR by the victim or a witness at a police station.
The FIR should contain essential details about the alleged offense, including the date, time, place, and the names of the persons involved.
The police officer in charge of the police station (usually the Station House Officer or SHO) records the statements of the complainant and witnesses.
If necessary, the police may also record statements of the accused.
The police visit the scene of the crime to gather evidence and gather information about the crime.
This includes collecting physical evidence such as weapons, fingerprints, photographs, and other relevant items.
Witness statements and any other pertinent documents are also collected.
If there are accused individuals, they may be questioned to gather information about their involvement in the alleged crime.
If the offense involves bodily harm or sexual assault, the victim and accused may undergo medical examinations to collect medical evidence.
If evidence suggests the involvement of a suspect, the police may arrest the person according to the procedures outlined in CrPC.
The police may obtain search warrants from a magistrate to search for and seize relevant evidence.
Any collected evidence is sent for forensic analysis, such as fingerprint analysis, DNA testing, ballistics examination, etc.
If the accused provides a statement or confession, it should be recorded in the manner prescribed by CrPC, ensuring that it’s voluntary and not obtained through coercion.
If the investigation reveals sufficient evidence, the police file a chargesheet (also known as a charge sheet or final report) in court, which contains details of the crime and evidence.
The court examines the chargesheet and may issue summons or warrants to the accused based on the information provided.
The case proceeds to trial, where the prosecution presents evidence and witnesses, and the accused has the opportunity to defend themselves.
After the trial, the court delivers a verdict, which can result in acquittal or conviction.
Either party (the prosecution or the accused) can file an appeal in a higher court if they are dissatisfied with the trial court’s verdict.

It’s important to note that the exact procedures may vary depending on the nature of the offense, the location, and specific legal requirements. The CrPC provides a structured framework for conducting criminal investigations and trials in India. It ensures that investigations are carried out fairly, and the rights of the accused are protected throughout the process.

What is the Cognizable & Non Cognizable offence regarding Investigation?

In the context of criminal law, offenses are categorized into two main types: cognizable offenses and non-cognizable offenses. These categories determine how law enforcement authorities, such as the police, handle and investigate the offenses.

Cognizable Offense :

Definition : A cognizable offense is a more serious crime, typically involving grave matters like murder, rape, robbery, and other major criminal activities. These offenses are of a severe nature and often result in the arrest of the accused without the need for a warrant.
Police Powers : In the case of cognizable offenses, the police have the authority to register a First Information Report (FIR) without requiring a court order or a complaint from the victim. They can also investigate, arrest, and interrogate the accused without a warrant.
Private Complaints : For cognizable offenses, a private individual (complainant) or the police can file a complaint, and the police can initiate the investigation based on this complaint.
Examples : Murder, rape, robbery, kidnapping, dowry death, and human trafficking are examples of cognizable offenses.

Non-Cognizable Offense :

Definition : Non-cognizable offenses are generally less severe crimes, often involving minor infractions or personal disputes. These offenses are considered less serious in nature.
Police Powers : In the case of non-cognizable offenses, the police cannot register an FIR or arrest the accused without the permission of the court. Instead, the complainant must file a formal complaint with the court.
Court’s Role : The court reviews the complaint and decides whether to initiate the legal process, including registering the FIR, conducting an investigation, or issuing an arrest warrant.
Examples : Non-cognizable offenses include offenses like simple assault, defamation, minor property damage, and certain cases of cheating.

It’s important to note that while these categories help classify offenses for legal and investigative purposes, the severity and classification of a crime can vary from one jurisdiction to another. Additionally, some offenses may have both cognizable and non-cognizable aspects, depending on the specific circumstances and the applicable laws in a particular region or country.

What is the role of technology in Investigation under CRPC?

Technology plays an increasingly pivotal role in the investigation process under the Code of Criminal Procedure (CrPC) in India, enhancing the efficiency, accuracy, and transparency of investigations. The integration of technology has brought about several significant advancements, revolutionizing the way law enforcement agencies gather, process, and analyze evidence. Here are some key aspects of the role of technology in investigation under CrPC:

Digital Evidence : Technology has made it easier to collect and analyze digital evidence, such as emails, social media posts, and electronic communication records. This is especially critical in cases involving cybercrimes, financial fraud, and online harassment.
CCTV Footage : Surveillance cameras and closed-circuit television (CCTV) systems have become ubiquitous, providing valuable visual evidence in criminal investigations, including thefts, assaults, and other crimes.
Forensic Tools : Digital forensics tools and techniques help investigators recover and examine data from electronic devices like computers and smartphones. This is essential for cases involving data theft, hacking, or cybercrimes.
Fingerprint and Facial Recognition : Biometric technology, such as fingerprint and facial recognition, aids in identifying suspects and matching individuals to criminal records. It is used in various cases, including identifying missing persons or verifying the identity of suspects.
DNA Analysis : DNA profiling technology has greatly improved the accuracy and speed of identifying suspects and solving crimes, including sexual assault cases and cold cases.
Data Management and Analysis : Technology facilitates the storage, management, and analysis of vast amounts of data related to investigations, making it easier for law enforcement agencies to connect the dots and identify patterns in criminal activities.
Data Sharing and Collaboration : Technology enables the sharing of investigative data and evidence among law enforcement agencies and across jurisdictions, enhancing coordination in complex cases.
Video and Audio Analysis : Advanced software tools assist in analyzing video and audio recordings, helping investigators enhance the quality of evidence and extract valuable information.
Geospatial Technology : Geographic Information System (GIS) and geospatial technology help in mapping crime patterns, tracking suspect movements, and analyzing crime scene data.
Online Databases : Databases like criminal records, fingerprints, and DNA profiles are maintained and accessed electronically, streamlining the process of verifying identities and tracking criminal histories.
Artificial Intelligence and Machine Learning : These technologies can assist in predicting crime patterns, analyzing data, and improving investigative efficiency. They have applications in predictive policing and criminal profiling.
Digital Case Management : Law enforcement agencies are adopting digital case management systems to streamline administrative tasks, document management, and evidence tracking.

While technology has significantly improved the investigative process, it also raises concerns related to privacy, data security, and the potential for misuse. Ensuring that law enforcement agencies use technology ethically and responsibly is crucial to maintaining the balance between effective crime-solving and protecting civil liberties. As technology continues to advance, it will likely play an even more substantial role in future investigations under CrPC.

What is the provision of Investigation outside India under CRPC?

The Code of Criminal Procedure (CrPC) in India primarily governs the investigation, prosecution, and trial of criminal offenses within the territory of India. However, the CrPC also includes provisions that allow for cooperation with foreign countries in certain situations, particularly when it comes to the investigation of crimes that have transnational implications. These provisions are outlined in Sections 166A to 166S of the CrPC.

Here are some key provisions regarding the investigation outside India under the CrPC:

This section defines several terms related to international cooperation in criminal matters, including “extradition,” “extradition offence,” “foreign state,” and “treaty.”
This section deals with the extradition of individuals to foreign countries. It outlines the process for requesting the extradition of a person who is wanted for prosecution or the execution of a sentence in a foreign state.
This section specifies the information required for a valid extradition request, including details about the offense, evidence, and identity of the individual sought.
This section outlines the procedure for submitting an extradition request, including the role of the Central Government in processing and forwarding such requests to the concerned court.
This section deals with the court’s authority to order the surrender of the accused person to the foreign state upon fulfilling the necessary legal requirements.
This section specifies the procedures and powers of the court when considering an extradition request, including the examination of evidence, the legality of the request, and the rights of the accused.
This section pertains to cases where a person is accused of an offense or has been convicted in a foreign state and seeks extradition from India or vice versa.
This section addresses the custody and bail of the accused during extradition proceedings.
The provision allows for appeals to a higher court in extradition cases.
This section outlines the general principle that Indian nationals may not be extradited.
In cases where the extradition request pertains to multiple offenses, this section addresses the trial for offenses not covered by the extradition request.
This section designates the Central Government as the central authority for dealing with extradition matters.
The CrPC recognizes the importance of extradition treaties with foreign countries, allowing for the implementation of extradition arrangements.

These provisions are designed to facilitate cooperation in international criminal matters, including the extradition of individuals involved in transnational crimes. The exact process and requirements for extradition may vary depending on the specific treaty obligations between India and the foreign state in question.

What are the key features of Investigation under CRPC?

The Code of Criminal Procedure (CrPC) in India outlines several key features of the investigation process. These features are crucial to ensure a fair and transparent investigation. Here are some of the key features of the investigation under CrPC:

Fair and Impartial : Investigations must be fair, impartial, and free from any bias or prejudice. The police are obligated to act without discrimination and treat all parties equally.
FIR Registration : The investigation generally commences with the registration of a First Information Report (FIR) when a cognizable offense is reported. The FIR is a detailed account of the alleged crime, including essential information.
Preservation of Crime Scene : The police must take immediate steps to preserve the crime scene, prevent contamination, and safeguard any evidence.
Recording of Statements : The law enforcement officer in charge of the police station must record the statements of the complainant, witnesses, and the accused, if applicable.
Search and Seizure : The police may conduct searches and seizures of relevant places and articles with proper authorization from a magistrate, including search warrants and arrest warrants.
Medical Examination : In cases involving bodily harm or sexual assault, the police must ensure that the victim undergoes a medical examination, and the accused may also be examined as necessary.
Interrogation and Arrest : Suspects may be interrogated, but it must be conducted in accordance with the law and with respect for the suspect’s rights. Arrests should be made following due process and based on reasonable grounds.
Forensic Examination : Physical and forensic evidence collected during the investigation should be sent for analysis to relevant forensic labs.
Witness Protection : Adequate steps must be taken to protect the identity and safety of witnesses, especially in cases where their testimony may put them at risk.
Right to Legal Representation : The accused has the right to legal representation, and the police should inform them of this right. If the accused cannot afford legal counsel, the state may provide one.
Recording of Confessions and Statements : Any statements or confessions obtained from the accused must be recorded in a prescribed manner, ensuring that they are voluntary and not obtained through coercion.
Chargesheet : Once the investigation is complete and there is sufficient evidence, the police file a chargesheet in court, providing details of the alleged offense and the evidence collected.
Magisterial Oversight : A magistrate exercises supervision over the investigation process, ensuring that the police act within the boundaries of the law and do not violate the rights of the accused.
Public Prosecutor’s Role : The Public Prosecutor represents the state in court, presenting the case during the trial phase and ensuring that the accused’s rights are protected.
Right to Fair Trial : The accused is entitled to a fair trial, where they have the opportunity to present a defense, cross-examine witnesses, and be heard.
Appeal Process : Either party can file an appeal in a higher court if dissatisfied with the trial court’s verdict, which ensures that justice can be further reviewed.

These key features are designed to safeguard the rights of all parties involved in the criminal investigation process, maintain the rule of law, and ensure that justice is served fairly and transparently.

What is the Supreme Court views on Investigation under CRPC?

The Supreme Court of India has provided several important guidelines and views regarding investigations under the Code of Criminal Procedure (CrPC) to ensure fair and just investigative processes. These views are based on interpreting the law and upholding the principles of justice. Some notable views of the Supreme Court on investigations under CrPC include:

FIR Registration : The Supreme Court has emphasized the importance of promptly registering an FIR when a cognizable offense is reported. It has held that the police must not refuse to register an FIR if a complaint discloses a cognizable offense.
Fair and Unbiased Investigation : The Supreme Court has stressed the need for investigations to be conducted fairly, impartially, and without any bias or prejudice. It has held that investigators should not be influenced by extraneous considerations and should act in accordance with the law.
Human Rights and Dignity : The Supreme Court has recognized the importance of upholding the human rights and dignity of individuals during investigations. It has prohibited the use of third-degree methods, torture, or cruel treatment of suspects or accused individuals.
Right to Legal Representation : The Supreme Court has affirmed the right of the accused to legal representation during the investigation process. It has held that the police should inform the accused of their right to legal counsel and provide them with an opportunity to consult with an advocate.
Recording of Statements and Confessions : The Supreme Court has laid down specific guidelines for the recording of statements and confessions. It has stressed the need for transparency and the use of video recording to ensure that statements and confessions are not obtained under duress.
Magisterial Oversight : The Supreme Court has highlighted the importance of magisterial oversight of investigations. Magistrates play a crucial role in ensuring that the investigative process adheres to legal procedures and respects the rights of the accused.
Protection of Witnesses : The Supreme Court has recognized the need to protect witnesses, especially in cases where their safety may be at risk. It has directed the establishment of witness protection programs to ensure their safety.
Forensic Evidence : The Supreme Court has emphasized the importance of collecting and preserving physical and forensic evidence properly to ensure its admissibility in court.
Right to a Fair Trial : The Supreme Court has consistently upheld the right of the accused to a fair trial. It has stressed the importance of ensuring that the accused has the opportunity to present a defense, cross-examine witnesses, and be heard.
Public Prosecutor’s Role : The Supreme Court has underlined the role of the Public Prosecutor in representing the state in court and ensuring that the prosecution’s case is presented ethically and fairly.
Expedient Investigation : The Supreme Court has called for investigations to be conducted expeditiously, without undue delay, to ensure that justice is served promptly.

These views and guidelines issued by the Supreme Court are essential for upholding the rule of law, protecting the rights of individuals, and ensuring that investigations are conducted in a just and transparent manner under the provisions of the CrPC. They serve as a reference for law enforcement agencies, the judiciary, and legal practitioners in India.

What is the Supreme Court landmark Judgements regarding Investigation?

The Supreme Court of India has issued several landmark judgments over the years that have significantly impacted the procedures and guidelines for criminal investigations. Some of these landmark judgments are:

This case is a milestone in the protection of human rights during police custody. The Supreme Court issued guidelines to prevent custodial torture, deaths, and other forms of police abuse. The court mandated the presence of legal counsel during interrogations, regular medical check-ups of detainees, and the preparation of an arrest memo with a time and date stamp.
In this judgment, the Supreme Court reiterated the importance of adhering to the guidelines established in the D.K. Basu case. It emphasized the need to document and record every step of the arrest and detention process.
This judgment clarified that the police are required to register an FIR when they receive information about a cognizable offense. The court laid down a procedure for dealing with non-registration of FIRs, which helps ensure that no cognizable offense is ignored.
This landmark judgment recognized the rights of women prisoners and emphasized that women should not be subjected to degrading and inhuman treatment in police custody.
In this case, the Supreme Court established the “Bhajan Lal Test” to deal with cases of abuse of power by the police, including false or vexatious criminal proceedings. The test allows the High Courts to quash such proceedings to prevent abuse of the legal process.
The Supreme Court emphasized the importance of maintaining the chain of custody of evidence and ensuring the integrity of physical evidence during investigations.
In this case, the court clarified the law on confessions made to police officers. It held that a confession made to a police officer is not admissible in court, and a confession should only be made before a magistrate.
This judgment dealt with custodial deaths and held that the state is liable to compensate the family of the deceased when death occurs in police custody.

These landmark judgments have had a significant impact on the procedures and guidelines for investigations in India. They have helped protect the rights of individuals, prevent custodial abuse, and ensure that investigations are conducted in a fair and just manner, in line with constitutional principles and international human rights standards.

Critical Analysis of Investigation under CRPC?

A critical analysis of the investigation process under the Code of Criminal Procedure (CrPC) in India reveals both strengths and weaknesses. It’s essential to evaluate the system to identify areas where improvements can be made to ensure fairness, efficiency, and the protection of individual rights. Here is a critical analysis of investigation under CrPC:

Legal Framework : The CrPC provides a structured legal framework that guides the investigative process. It lays down clear procedures and safeguards to protect the rights of individuals.
Protections for Accused : The CrPC includes provisions that protect the rights of the accused, such as the right to legal representation, safeguards against self-incrimination, and the requirement for voluntary confessions.
Magisterial Oversight : The involvement of magistrates in the oversight of the investigation helps ensure that the police act within the boundaries of the law and respect the rights of the accused.
Right to a Fair Trial : The investigation process aims to gather evidence in a manner that enables the accused to have a fair trial, where they can present their defense and cross-examine witnesses.
Judicial Precedents : The Supreme Court’s landmark judgments have provided important guidelines to protect the rights of individuals during investigations, ensuring that human rights are upheld.

Weaknesses:

Delay : Investigations in India often suffer from significant delays, which can result in the accused spending extended periods in custody. Delay can lead to problems in the administration of justice.
Underfunding and Resources : Many police departments in India lack adequate funding and resources, impacting their ability to conduct thorough and efficient investigations.
Corruption and Misconduct : Instances of corruption and misconduct within law enforcement agencies can compromise the integrity of investigations and lead to miscarriages of justice.
Custodial Torture : Despite legal safeguards, instances of custodial torture and abuse still occur, indicating a gap between legal provisions and their implementation.
Inadequate Forensic Facilities : The availability and quality of forensic facilities can vary significantly across the country. This impacts the effectiveness of evidence collection and analysis.
Witness Intimidation : Witnesses, particularly in high-profile or sensitive cases, may face intimidation or threats, hindering the investigative process and the administration of justice.
Inconsistent Implementation : The implementation of investigation procedures can vary from one jurisdiction to another, leading to disparities in the quality and fairness of investigations.
Lack of Accountability : Instances of police misconduct or abuse of power sometimes go unpunished, leading to a lack of accountability within the law enforcement agencies.
Legal Reforms : The legal framework for investigations has seen significant amendments over time, but there is an ongoing need for further reforms to address emerging challenges and international standards.
Public Trust : Public trust in the investigation process can be eroded due to the perception of bias, inefficiency, or corruption in the law enforcement agencies.

In summary, while the Code of Criminal Procedure in India provides a solid legal foundation for the investigation process, there are significant challenges and shortcomings that need to be addressed. These include issues related to delay, resource constraints, corruption, and the need for consistent implementation of procedures. Strengthening the investigative process is essential to ensure that justice is not only done but is also seen to be done. This can be achieved through legal reforms, better training, improved resources, and a greater emphasis on accountability and transparency in the investigative process.

Conclusion –

Investigation under the Code of Criminal Procedure (CrPC) in India is a multifaceted and essential aspect of the criminal justice system. It is designed to balance the imperatives of justice and the protection of individual rights. The CrPC provides a comprehensive framework that guides law enforcement agencies through the process, ensuring that investigations are conducted fairly, transparently, and in accordance with established legal standards.

The involvement of magistrates, the oversight of the Supreme Court, and the clear guidelines for safeguarding the rights of the accused play a pivotal role in upholding the principles of justice. However, the investigation process is not without its challenges. Delays, resource constraints, corruption, and the persistent issue of custodial abuse remain areas of concern.

To enhance the efficiency and fairness of investigations, there is a continued need for reforms that address these shortcomings and align with international standards. In essence, the investigation process is a critical juncture where the law enforcement’s duty to maintain order and justice meets the imperative to protect individual rights, demanding constant vigilance and adaptation to meet the evolving demands of the criminal justice system.

Which offences are non-bailable in India?

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Appeal Revision and Reference
Difference between Appeal and Revision under CrPC, 1973
Charges Under Cr PC notes
CRPC Assignment
Appeal under Criminal procedure Code,1973
CRPC Assignment.

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COMMENTS

Appeal reference and revision under CrPc
The word "appeal" has not been defined in The Code of Criminal Procedure, 1973, (hereinafter CrPC), however, it can be described as the judicial examination of a decision, given by a lower court, by a higher court. The Merriam-Webster dictionary defines appeal as " a legal proceeding by which a case is brought before a higher court for ...
Appeals (Sec.372
An aggrieved person can only appeal if the same provided by the law under some statutory provision. No appeal in petty cases - S.376. The following types of cases are considered as petty cases: High Court - Sentence - 6 months Imprisonment or Fine upto Rs. 1,000/-Court of Sessions - Sentence - 3 months Imprisonment or Fine upto Rs. 200/-
All about Appeals under Code of Criminal Procedure By: Rohit Soni
Ans- An appeal has to be filed in the form of petition in writing only. Section 382 talks about petition of appeal as-. "Every appeal shall be made in the form of a petition in writing presented by the appellant of his pleader and every such petition shall (unless the court to which it is presented otherwise directs) be accompanied by a copy ...
Criminal Appeal and 5 Kinds of Appeal Under CrPC
Kinds of Appeal Under Criminal Procedure Code. Various kinds of appeals provided under CrPC are: 1. Appeal in Court of Session - Section 373 CrPC. An appeal may lie to the Court of Session against the order under: Section 117: Where a person has been ordered to give security for keeping the peace or for good behaviour.
Appeals, Reference & Revision under CrPC
CrPC Sections Explanation; Section 374: Appeals to the High Court in cases of acquittal: An appeal can be made to the High Court by the state or the complainant against an order of acquittal passed by a Court of Session. The accused may also appeal against an acquittal if they were originally convicted and sentenced by the lower court.
CHAPTER XXIX, Section 372 to 394 of CRPC
394. Abatement of appeals. (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of ...
Appeals under CrPC
The CrPC provides for different types of appeals depending on the nature of the case and the court that passed the order. Types of Appeals under the CrPC. Appeal to the Court of Session: A person aggrieved by the decision of a Magistrate can file an appeal before the Court of Session. The appeal should be filed within 30 days of the date of the ...
CrPC : Appeals
When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal 2.
APPEALS (SECTIONS 372-394)
Sections 372 to 394 of the Code of Criminal Procedure (CrPC) in India pertain to appeals. These sections outline the procedures and conditions for filing appeals against various criminal judgments and orders. Section 372 allows victims to file appeals, while Sections 373 to 394 deal with different aspects of appeals, such as who can file them, time limitations, and the process to be followed ...
Appeal, Reference, and Revision Under The Criminal Procedure Code
It is covered in sections 397 - 402 of the Code. An Appeal lies to the higher court on points of facts and law. Reference lies to the higher court on points of law. Revision lies to both the lower court and the higher court on already adjudicated matters. Appeal Starts upon the determination of the case.
Reference and Revision (Section 395-405 of CrPC)
Section 395 to Section 405 of Criminal Procedure Code, 1973, deals with the powers of reference and revision granted to the higher courts; those powers are discretionary and extensive. The appellant courts have powers to obviate any failure of justice. The High Court can take up any revision petition on either way by petition by aggrieved party ...
Review, Revision, Appeal in CPC and CrPC : Complete Analysis
The procedure for filing an appeal in civil law is provided under Section 96 to Section 105 of the Code of Civil Procedure, 1908. According to Section 96, an appeal lies to the High Court from any decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
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bargaining) of CrPC shall be final, and no appeal shall lie to any court except appeals available under Articles 136, 226 and 227 of the Constitution. Section 375 of the CrPC is titled "No appeal from conviction on plea of guilty" whereas Section 376, CrPC is titled "No appeals in petty cases". Sessions Court High Court Supreme Court
PDF Criminal Appeal and Its Kind Under CrPC
Various kinds of appeals provided under CrPC are: 1. Appeal in Court of Session - Section 373 CrPC An appeal may lie to the Court of Session against the order under: • Section 117: Where a person has been ordered to give security for keeping the peace or for good behaviour. • Section 121: Where a person has been aggrieved by any order ...
Original Criminal Jurisdiction and appeals-CrPC Assignment PDF
Original Criminal Jurisdiction and appeals-CrPC Assignment.pdf - Free download as PDF File (.pdf), Text File (.txt) or read online for free.
Difference between Appeal and Revision under CrPC, 1973
According to Chapter XXIX, Section 372 to Section 394 of the Code of Criminal Procedure, 1973 deals with the provision of Appeal. As per Chapter XXX, Section 397 to Section 402 of the Code of Criminal Procedure, 1973 deals with the provision of Revision. The High Court admits the Appeals both on the questions of law and fact and decides them as ...
CrPC Section 394
Description. Every appeal under section 377 or section 378 shall finally abate on the death of the accused. Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant ...
Procedure For Appeal Under CRPC
PROCEDURE FOR APPEAL UNDER CRPC - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. PROCEDURE FOR APPEAL UNDER THE CODE OF CRIMINAL PROCEDURE
Judgment under the Criminal Procedure Code, 1973
Object and scope. Chapter XXVII of the CrPC, 1973, deals with Judgement. However there is no definition of "judgement" present in the Code, but it is to be understood as the final order of the Court. In the case of Ismail Amir Seikh vs. the State of Maharashtra, it was held that a judgment is the act of judging.
Bail Explained Under Sections 436 to 450 of CrPC
Under Section 437 of CrPC, the arrested person can approach the court for bail. 3. Bail for Convict. This is filed post-conviction by the court, and an appeal lies against the same. When the accused has been convicted by the court and has preferred an appeal, the accused can apply to the appellant court for bail.
What is the procedure of Investigation under CrPC?
Investigation under the Code of Criminal Procedure (CrPC) in India is a multifaceted and essential aspect of the criminal justice system. It is designed to balance the imperatives of justice and the protection of individual rights. The CrPC provides a comprehensive framework that guides law enforcement agencies through the process, ensuring ...