Criminal Procedure Code

For Forest Officers of the UT of Jammu & Kashmir

Abhilash D., IFS

Email: abhilashifs@gmail.com

Mob: +919412050571

Types of Law

• Substantive Law - IPC, IFA, WLPA

• Procedural Law – CrPC, CPC

• General Law – IPC, CrPC

• Special Law – IFA, WLPA

The Code of Criminal Procedure, 1973

• CrPC is a main legislation on procedures for the administration of substantive criminal law in India

• Lays down procedures for • Arrest• Search• Seizure• Investigation• Trial

• Courts and Magistrates

• Cognizance & Non-cognizance

• 484 Sections, 2 Schedules and 56 forms

History of CrPC

• The Revolt of 1857

• Provincial Acts and Rules

• First CrPC – 1861 passed by British Parliament

• Amended in 1882, 1898

• Extensive post independence Amendment in 1955

• Based on Law Commission recommendations 1973

• Latest Amendments – 2008 (5 0f 2009), 2013

Powers of Forest Officers under IFA / WLPA

• Power to seize forest produce and & all tools & vehicles used

• Power to arrest (Sec 64 IFA) without warrant

• Power to release a person on bond (Sec 65 IFA)

• Power to compound offence (Sec 68 IFA)

• Powers under Sec 72(1) IFA• To enter upon any land and to survey, demarcate and make a map of the same

• Powers of a Civil Court to compel the attendance of witnesses and production of documents and material objects

• To issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898);

• To hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence

Procedures for executing the powers not laid down in forest laws

FOLLOW CrPC

• Sec 5 Saving: Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

• Indian Forest Act, 1927, WLPA, 1972, F(C)A, 1980 etc are Special laws u/s 5 CrPC.

Cognizable Offence Non Cognizable Offence

1 A police officer can arrest without an arrest warrant [Sec 2(c) CrPC]

Police officer cannot arrest without a warrant [Sec 2(l) CrPC]

2 Serious in nature Not much serious in nature.

3 The Police Officer has to receive the FIR relating to the cognizable offense, without the Magistrate’s permission and enter it in the General Diary and immediately start the investigation (Sec 154 CrPC)

The police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate (Sec 155 CrPC)

4 Police Officer can investigate without the Magistrate’s permission.

In order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

Courts and Magistrates

• Sec 26: Courts by which offences are triable• First Schedule• Any Court mentioned in concerned special Law

• Sec 28 – 29 : Sentences• Sessions / Addl. Sessions Judge: Any sentence (Death to be confirmed by High

Court)• Asst. Sessions Judge: Any sentence except Death / life imprisonment /

imprisonment >10 yrs• CJM: Except death, life imprisonment, imprisonment >7 yrs• Magistrate (I Class): not exceeding 3 years, fine <Rs. 10000• Magistrate (II Class): not exceeding 1 yr, fine < Rs. 5000

ARRESTING A PERSONWithout Warrant in Forest Laws

CrPC Sec 41 to 60

• Sec 41: When Police may arrest without warant• Cognizable Offence punishable with imprisonment extending to 7 years, > 7

yrs or death

• Any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing

Sec 41B. Procedure of arrest and duties of Officer making arrest• PO to wear accurate and clear identification of his name: Lapel on

uniform

• Prepare memorandum of arrest attested by one witness (family member, respectable person), countersigned by the person arrested

• Inform the person that his relative / friend has to be informed of his arrest (if arrest memo not attested by relative)

Sec 41 C: Control room at Districts

• Communicate to police control room

• Display details of the arrested person and name and designation of arresting officer

• Database at State – level

• FD may display such details at Range Office and / Division Office with a copy to SP

Sec 41 D: Right to meet an advocate

• Arrested person shall be entitled to meet an advocate of his choice

• Advocate may be with the arrested person during interrogation, though not throughout interrogation

Sec 46: Arrest how made

• In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

• Female PO mandatory for arrest of female person

• No woman shall be arrested after sunset and before sunrise, save in exceptional circumstances by a woman police officer• Mae a report why arrest is needed

• Prior permission from JM(IC)

Sec 47: Search of Place entered by person to be arrested• Notify authority and purpose of entering into such place

• Free ingress into the place and afford all reasonable facilities for a search

• If ingress not provided then break open any outer or inner door or window

• Sec 48: Pursuit of offenders into other jurisdictions• Arrest anywhere in India for arresting without warrant

• Sec 49: No unnecessary restraint• Person arrested shall not be subjected to unnecessary restraint than is

necessary to prevent his escape

• Handcuffing? Only when serious crime and the accused is likely to escape

Sec 50:Person arrested to be informed of grounds of arrest and of right to bail

• Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

• Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

Sec 50A: Obligation of person making arrest to inform about arrest etc to a nominated person

• Information of arrest and where the person is held to any of his relative, friend or any other person nominated by the arrested person

• He should be informed by the PO about this right

• Record of such information given should be entered in a suitable document (like GD)

• The Magistrate shall verify if 50A has been complied or not

Sec 51: Search of arrested persons

• Whenever a person is arrested by a police officer the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other, than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.

• (2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

• Sec 53: Examination of accused by medical practitioner at the request of Police Officer• Registered medical practitioner• Ascertain facts, get evidence• Female to be examined by female registered medical practitioner only

• Sec 54: Examination of arrested person by medical officer• Medical Officer in service of Centre / State (or regd. Medical practitioner if

both not available)• General examination – injuries, marks, time of injury etc• Copy of report to be given to arrested person or his nominee

Sec 55A: Health and safety of arrested person

• Duty of person having the custody of an accused to take reasonable care of health and safety of the accused

Sec 56: Person arrested to be taken to Magistrate or Officer In-charge of Police Station.

Sec 57.Person arrested not to be detained more than twenty-four hours (exclusive of journey time)

Sec 58.Report arrests and bails to DM

Sec 60: Power on escape, to pursue and retake: Pursue and arrest him anywhere in India

Sec 60A: ARREST TO BE MADE STRICTLY ACCORDING TO THE CODE (OR ANY OTHER LAW IN FORCE)

Consolidated Arrest ProceduresD.K. Basu Vs. State of W. Bengal AIR 1997 SC 610

• Use of third degree methods or any form of torture for extracting information not permitted

• Arresting official to bear accurate, visible and clear identification

• Particulars of person handling interrogation must be recorded in register

• Memo of arrest stating time and place of arrest

• Arrest memo to be signed by atleast one witness (family member / respectable person)

• Arrest memo to be countersigned by the arrested person

• Arrested person is entitled to inform friend, relative or any other person• Time, place of arrest and venue of custody to be informed to next friend or

relative within 8-12 hrs• Allowed to meet advocate (but not throughout interrogation)• Above entries to be made in diary• Medical Examination

• Every 48 hours if in remand

• Copies of documents pertaining to arrest to be given to Area Magistrate• Inform Police Control Room• Violations shall attract Departmental proceedings and Contempt of Court

proceedings

Enforce Attendance of WitnessSUMMONS

• Sec 61: Form of summons - Duplicate, in writing, with Seal of Court

• Sec 62: Summons how served• Be personally served on person summoned by delivering one of the

duplicates

• Person to sign a receipt on the back of other duplicate

Sec 64: Service When persons summoned cannot be found• Due diligence to find the person be done by serving officer

• Leave one of the duplicates with adult male member of his family (not sevant) and obtain signed receipt

Sec 65: Procedure when service cannot be effected as before provided• Affix one of the duplicates of summons to conspicuous part of the

house or homestead in which the summoned person ordinarily resides

• Sec 66: Serving summons to Govt Servant: Head of Office

• Sec 69: Summons to witness served through post, and if declined to receive by witness, based on postal employee’s endorsement, the Court may declare that summons has been duly served

SEARCH OF PREMISESAuthorized under a Warrant in IFA Sec 72(1) & WLPA Sec 50(8)

Sec 93: When Search Warrant may be issued

• Where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search- warrant;.

• The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

Sec 94: Search of place suspected to contain stolen property, forged documents etc• DM, SDM, JMIC may issue search warrant

• Enter and search premisies

• Take possession of property or article

• Produce such article before the magistrate

• Take person of such premises who was privy to such deposit of article to Magistrate

Sec 100: Persons incharge of closed place to allow search

• Even person may be searched

• Force may be used

• Presence of independent and respectable inhabitants of locality as witness

• List of seized things to be signed by witness

• Witness need not attend Court unless specially summoned by Court

• List signed by witness to be shared with occupant

• Search Warrant

Form 11: Warrant to search suspected place of deposit

Sec 211: Contents of charge

• Every charge under this Code shall state the offence with which the accused is charged.

• If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

• The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

• The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

• The charge shall be written in the language of the Court.• If the accused, having been previously convicted of any offence, should be

mentioned.

Way out….• Drafting exhaustive and crisp complaint / case description

• Follow CrPC

• Maintenance and submission of necessary documents related to case• POR / FOR / DR

• Warrants

• Seizure memo, Panchnamas

• List of Accused, prosecution witnesses

• Evidences clearly spelled out (circumstantial / substantial)

• Site map (crime scene)

• Legal status notification of forest

• Statements / Confessions of accused and witnesses

1. COMPLAINT CASE DESCRIPTION• Preliminary submission (Abstract)• Description of accused• Who investigated with authorization & duties• Sequence of events leading to commission of

offence• Corroboration of Circumstantial Evidences, linking

with Direct Evidences

• Linking witnesses, confessions, statements and evidences maintaining chronology of events

• Acts of accused that aggravated the situation at crime scene

• Sections and rules there under violated• Sections prescribing punishment• Mention precedence cases supporting relevant

points• Prayer

2. CASE DIARY• Day to day events in investigation process

• Authenticated

3. PRELIMINARY OFFENCE REPORT / DAMAGE REPORT / FOREST OFFENCE REPORT• Clarity, no over writing and corrections

4. ARREST WARRANT (If arrested with warrant)• Arrest Memo

• Medical Examination

• Proof of intimation to relative / friend / Counsel / any person preferred by the arrested

5. REMAND FORM (If remanded)

6. SEARCH WARRANT

7. SEIZURE MEMO (multiple memos for multiple seizures in different localities / dates)• Time, date• Presence of Lady staff • Respectable person of locality• Description of site / premises from where seizure was

made including ownership and relationship with accused

8. PANCHNAMA • Clarity and correlation• Witness• Time, date

9. MAP OF OFFENCE SITE, MAJOR EVIDENCE RETREIVAL SITE

10. LEGAL STATUS OF SITE (RF / PF / WLS / NP)• Notification

• Revenue maps / cadastral maps

• Forest maps like Compartment map

• Toposheet

11. STATEMENTS / CONFESSIONS OF ACCUSED AND WITNESSES

12. ANY OTHER EVIDENCES / SUPPORTING DOCUMENTS• FORENSIC REPORT / POST MORTEM REPORT / EXPERT OPINION

REPORT

• PHOTOGRAPHS / VIDEO RECORDINGS

• ARMS, AMMUNITIONS, WEAPONS SEIZED AND SEALED IF REQUIRED BY COURT

• OTHER CASE PROPERTIES

• CIRCUMSTANTIAL / DIRECT EVIDENCES

Thank You…..