UNIT-5. LEGAL ASPECTS - C R P C CRIMINAL PROCEDURE CODE (Cr PC)- RELEVANT EXTRACTS UNIT STRUCTURE 5.1 Learning Objective 5.2 Introduction. 5.3 Criminal procedure Code 5.3.1 Definitions 5.3.2 Arrest of person 5.3.3 Summons 5.3.4 Warrant of Arrest 5.3.5 Search 5.3.6 Bail & Bonds 5.4 Criminal procedure Code, Sec. 154 and 155 5.4.1 Information in Cognisable Cases. (Sec. 154) 5.4.2 Information in non cognisable cases. (Sec.155) 5.5 Summary 5.6 Progress Report 5.7 Probable Questions. 5.1 LEARNING OBJECTIVES After completing the chapter there security person will study and come to know about How arrest and summons are made under Criminal Procedure Code 1973. How warrant of arrest is issued and search conducted under Criminal Procedure Code 1973. How Bail and Bond is given under Criminal Procedure Code 1973 What is understood by FIR (Sec 154) What is understood by New FIR (Sec 155) 5.2 INTRODUCTION It is the duty of the Government to bring the law breakers to book. Indian Penal Code 1861 defines different crimes and punishments. Criminal Procedure Code lays down the procedure of trial and Indian Evidence Act lays down the criterion of acceptable evidence required in trial. The Cr P C also differentiates between cognisable and non cognisable offences. Criminal Procedure Code 1973 ,plays a very important role in implementation laws enacted by the Central Government. In this chapter you will learn about the relevant sections of Cr P C 1973 as well as FIR (Sec155) and new FIR (Sec 155) 5.3. CRIMINAL PROCEDURE CODE 1973 The Code of Criminal Procedure, was enacted in 1973. It extends to the whole of India except the State of Jammu and Kashmir: and certain provisions of the Act does not apply to the State of Nagaland & tribal areas. 5.3.1 DEFINITIONS Chapter II of Cr P C gives legal definition of terms used in it. Broad meaning of relevant definitions are given below. "Offence" means any act or omission made punishable by any law for the time being in force. “Bailable offence" /Non bailable offence An offence which is shown as bailable in Cr P C, or by any other law for the time being in force. “Non bailable” means any offence which is not shown as bailable. "Cognizable offence" means an offence for which, a police officer can arrest a person without warrant. "Non-cognizable offence" means an offence for which, a police officer has no authority to arrest without warrant. "Complaint" means any allegation made orally or in writing to a Magistrate, for taking action, that some person, whether known or unknown, has committed an offence, but does not include a police report. "Inquiry" means every inquiry, other than a trial, conducted by a Magistrate or court. "Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf, "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath. 5.3.2 ARREST OF PERSON When police may arrest without warrant, 41 Any police officer may without an order from a Magistrate and without a warrant, arrest any person under any of the following conditions 1. If the person is involved or a reasonable complaint has been made against the person or reasonable doubt exist of his having involved in any cognizable offence. 2. House breaking implement is found in his possession. 3. He is declared as a proclaimed offender. 4. If stolen property is found in his possession. 5. If he has obstructed police officer while execution of duty. 6. If he as escaped or attempted escape from lawful custody. 7. If he is a deserter from armed forces. 8. If it is suspected that or if there is complaint against him. information having received of his committing a crime of a punishable offence within India. 9. If he is an ex convict and commits a breach of rule under subsection (5) of section 365. 10. For his arrest a requisition has been received from another police officer. 11. If he falls in the category of person specified in section 109 or section 110. Arrest on refusal to give name and residence, Sec 42 I. If any person who, has committed (or has been accused of committing) a non- cognizable offence refuses, on demand by the Police officer, to give his name and residence or gives a name or residence address which the police officer has reason to believe to be false, the police officer may arrest him to ascertain his name and address . II. When the true name and residence address of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: III. If true name and residence address is not furnished or obtained within 24 hrs of arrest or should he fail to execute the bond, or, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. Arrest by private person and procedure on such arrest, Sec 43 Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or is a proclaimed offender without unnecessary delay, shall hand him over to a police officer, or in the absence of a police officer, hand over such person to the nearest police station. Arrests by Magistrate, Sec 44 When any person commits an offence in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, an commit the offender to custody. Arrest how made, Sec 46 In making an arrest the police officer or other person making the arrest shall do so by physically touching the person, if the person does not agree to arrest verbally or by action. If the person tries resist or attempts to evade arrest, the police officer or other person may use means to effect the arrest. Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. Search of place entered by person sought to be arrested, Sec 47 If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into a place of any person residing in or in charge of the place, such person shall, on demand, allow him free access, and provide all reasonable facilities for a search therein. When entry is refused, if the officer working under warrant of arrest or a police officer is of the opinion that if not arrested immediately ,the person against whom the warrant is issue is likely to escape may carry out the search by giving his identity and purpose However in case of a house solely occupied by a female whose custom is not to appear before public, the female will be asked to come out of the house to enable the search inside the house. Pursuit of offenders into other jurisdictions, Sec 48 A police officer may, for the purpose o of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India No unnecessary restraint, Sec 49 The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. Measure of progress Q No. 1: May any private person arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, shall hand him over to a police officer, or in the absence of a police officer, hand over such person to the nearest police station? 5.3.3 SUMMONS These sections gives the procedure of issuing summons . Relevant clauses of the same are enumerated below Form of summons, Sec 61 Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court Summons how served, Sec 62 Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant. The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt there for on the back of the other duplicate. Service of summons on corporate bodies and societies, Sec 63 Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post. Service when persons summoned cannot be found, Sec 64,65 Where the person summoned cannot be found after due efforts, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.