Amendments relating to crpc, Study notes of Criminal Law

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An Act to consolidate and amend the law relating to Criminal Procedure

The law relating to criminal procedure applicable to all criminal proceedings in India is contained in the Code of Criminal Procedure, 1998. The Code has been amended from time to time by various Acts of the Central and State Legislatures.

Classes of Criminal Courts :- Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely-

1. Courts of Session
2. Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates
3. Judicial Magistrates of the second class
4. Executive Magistrates.

Every state shall be a sessions division or shall consists of sessions divisions, and every sessions division shall, for the purposes of this Code, be a district or consist of districts:

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

The State Govt. may, after consultation with the High Court, alter the limits or the number of such divisions and districts and divide any district into sub-divisions and may alter the limits or the number of such sub-divisions

The session's divisions, districts and sub divisions existing in a state at the commencement of this code, shall be deemed to have been formed under this section.

b) the Foreign Exchange Regulation Act, 1973

c) the Employees Provident Fund Act 1952

d) the Prevention of Food Adulteration Act, 1954

e) the Essential Commodities Act, 1955

f) the Utouchability Act, 1955

g) the Customs Act, 1962 or any offence publishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption or is so desperate and dangerous as to render his being at large without security hazardous to the community

such Magistrate may, in the manner provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behavior for such period, not exceeding three years, as the Magistrate thinks fit.

U/S 133 Cr.P.C.

Conditional order for removal of nuisance

Whenever a District Magistrate or s Sub Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the state govt. , on receiving the report of a police officer or other information and on taking such evidence (if any ) as he thinks fit, considers-

a) that any unlawful obstructions or nuisance should be removed from any public is or from any way, river or channel which is or may be lawfully used by the public or

b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated or

c) that the construction of any building or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped or

d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary or

e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public,

f) that any dangerous animal should be destroyed, confined or otherwise disposed of,

such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order.

a) to remove such obstruction or nuisance or

b) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed, or

c) to prevent or stop the construction of such building, or to alter the disposal of such substance or

d) to remove, repair or support such building, tent or structure, or to remove or support such trees or

e) to fence such tank, well or excavation

f) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order.

Or if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

U/S145 Cr.P.C.

Procedure where dispute concerning land or water is likely to cause breach of peace.

1. Wherever an Executive magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

2. For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

3. A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may directly, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

4. The Magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of parties was, as the date of the order made by him under sub-section (1), in possession of the subject of dispute.

Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully disposed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub section (1) he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub- section (1).

5. Nothing in this section shall preclude any party so required to attend. Or any other person interested, from showing that no such dispute as aforesaid exists or has existed, and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but subject to such cancellation n, the order of the Magistrate under sub-section (1) shall be final

6. A) If the Magistrate decides that one of the parties was, or should under the provision to sub- section (4) be treated as being in such possession of the said subject, he shall issue an order

has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-Divisional Magistrate.

a) the case involves suicide by a woman within seven years of her marriage, or

b) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman or

c) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf, or

d) there is any doubt regarding the cause of death or

e) the police officer for any other reason considers it expedient so to do he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

4. The following Magistrates are empowered to held inquests, namely, any District Magistrate or Sub-Divisional Magistrate and any other executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

U/S 176 Cr.P.C.

Inquiry by Magistrate into cause of death

1. When any person dies while in the custody of the police, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of Section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer, and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.

2. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.

3. Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

4. Where an inquiry is to be held under this section, the Magistrate shall wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.