Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: SIXTH Semester
Name of the Subject:
CODE OF CRIMINAL PROCEDURE
Semester: SIXTH Semester
Name of the Subject:
CODE OF CRIMINAL PROCEDURE
UNIT-I
INTRODUCTION

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
•The Code of Criminal Procedure, 1973 is the procedural law providing the
machinery for punishment of offenders under substantive criminal law.
•The code contains elaborate details about the procedure to be followed in every
investigation, inquiry and trial, for every offence under the IPC or any other law.
•The Code also provides machinery for punishment of offences under other
Acts.
•The code is complete code with respect to matters provided under it, thus the
code must be deemed to be exhaustive.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
PURPOSE AND OBJECT: The basic purpose of the Criminal Procedure Code,
among other things, is to ensure a fair trial where none of the rights of the accused
are compromised nor are they unjustifiably favoured.
Furthermore, to ensure that the judge concerned hears all parties who are relevant
to the trial, their presence at the trial is obviously important. That is why an entire
chapter of the Code concerns itself with the process of ensuring the attendance of
any person concerned with the case, including an accused or a witness, through
various measures.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Functionaries under the code: include the Magistrates and Judges of the
Supreme Court and high Court, Police, Public Prosecutors, Defence
Counsels Correctional services personnel such as Prison and jail
authorities.
Functions, Duties and Powers of these Machineries:
a)Police: The code does not mention anything about the constitution of police. It
assumes the existence of police and devolves various powers and responsibilities
on to it. The police force is an instrument for the prevention and detection of
crime.
The administration of police in a district is done by DSP(District Superintendent
of Police) under the direction and control of District Magistrate.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
b)Prosecutor
•If the crime is of cognizable in nature, the state participates in a criminal trial
as a party against the accused. Public Prosecutor or Assistant Public Prosecutor
is the state counsel for such trials. Its main duty is to conduct Prosecutions on
behalf of the state. The public Prosecutor cannot appear on behalf of accused.
•According to the prevailing practice, in respect of cases initiated on police
reports, the prosecution is conducted by the Assistant Public Prosecutor and in
cases initiated on a private complaint; the prosecution is either conducted by
the complainant himself or by his duly authorized counsel.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
c) Defence Counsel
According to section 303, any person accused of an offence before a
criminal court has a right to be defended by a pleader of his choice.
Such pleaders are not in regular employment of the state and a paid
remuneration by the accused person. Since, a qualified legal
practitioner on behalf of the accused is essential for ensuring a fair
trial,
Section 304 provides that if the accused does not have means to hire a
pleader, the court shall assign a pleader for him at state’s expense. At
present there are several schemes through which an indigent accused
can get free legal aid such as Legal Aid Scheme of State, Bar
Association, Legal Aid and Service Board and Supreme Court Senior
Advocates Free Legal Aid society..
The legal Services Authorities Act, 1987 also provides free legal aid
for the needy.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
d) Prison authorities and Correctional Services Personnel
• The court presumes the existence of Prisons and the Prison authorities.
•It empowers Magistrates and judges under certain circumstances to order
detention of under trial prisoners in jail during the pendency of the
proceedings.
• It also empowers the courts to impose sentences of imprisonment on
convicted persons and to send them to prison authorities. However, the
code does not make specific provisions for creation, working and control of
such machinery.
•These matters are dealt with in separate acts such as The Prisons Act 1894,
The Prisoners Act 1900 and The Probation of Offenders Act 1958.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Definitions
Bailable offence is defined under section 2(a) of CrpC 1973 and it means an
offence which is shown as bailable in the First Schedule, or which is made
bailable by any other law for the time being in force.
Non- bailable offence means any other offence.
Cognizable offence is defined under section 2 (c ) of Crpc and it means an
offence for which, and" cognizable case" means a case in which, a police officer
may, in accordance with the First Schedule or under any other law for the time
being in force, arrest without warrant.
Complaint means any allegation made orally or in writing to a Magistrate, with a
view to his taking action under this Code, that some person, whether known or
unknown, has committed an offence, but does not include a police report.
Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non-
cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be
the complainant; (Section 2(d) Cr.Pc

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Definitions
Charge is defined under section 2 (b) of Crpc and includes any head of charge
when the charge contains more heads than one;
police report is defined under section 2 (r) of Crpc and it means a report
forwarded by a police officer to Magistrate under sub- section (2) of section 173.
Investigation is defined under section 2 (h) of Crpc and means 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.
Inquiry is defined under section 2 (g) of Crpc and means every inquiry, other
than a trial, conducted under this Code by a Magistrate or Court;
Trial is not defined under Cr.Pc. But it can be defined as a formal examination of
evidence by a judge, typically before a jury, in order to decide guilt in a case of
criminal or civil proceedings.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Definitions
Summons- case is defined under section 2 (w) of Cr.Pc and means a
case relating to an offence, and not being a warrant- case.
Warrant- case is defined under section 2(x) of Cr.Pc and means a case
relating to an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding two years.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: SIXTH Semester
Name of the Subject:
Code of Criminal Procedure
Semester: SIXTH Semester
Name of the Subject:
Code of Criminal Procedure
UNIT-II
Arrest, Bail and processes to compel Appearance of
person and Production of things

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Arrest means the apprehension of a person by legal authority resulting in
deprivation of his liberty.
An arrest consists of taking into custody of another person’s authority
empowered by law for the purpose of holding or detaining him to answer a
criminal charge and preventing the commission of the criminal offense.
The second question comes in mind, who can arrest you?
An arrest can be made by (I) A Police officer, (II) A Magistrate (Sec. 44) or
(III) A Private Person. Yes, u/Sec. 43 of CrPc, a private person including me
and you can also arrest a person in case the person committed a non-
bailable and cognizable offense or if that person is a Proclaimed Offender
(sec.82) .
The most common form of an arrest is the arrest made by police, under sec.
41 police officer can make an arrest without a warrant in any cognizable
offenses and with a warrant in non-cognizable offenses. Cognizable offenses
are more of serious nature as compared to non-cognizable offenses i.e.
Murder, Kidnapping etc.
.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• Right to be informed of the grounds of arrest under sec. 50 of CrPc and article
22 of Indian Constitution, it's a fundamental right to be informed.
It is the duty of the police officer to inform you and also tell whether the offense is
bailable or non-bailable. Normally, Bailable offenses are those where bailable can
be granted and it is right of the person to be granted bail and Non- bailable
offenses are where bail can’t be granted generally and it’s the discretion of the
court.
• In non- cognizable cases, arrests are made with a warrant and the person
going to be arrested has a right to see the warrant under Sec. 75 of CrPc.
Warrant of arrest should fulfill certain requirements such as it should be in writing
such as signed by the presiding officer, should have the seal of the court, Name
and address of the accused and offense under which arrest is made. If any of
these is missing, the warrant is illegal.
Rght of arrested person to meet an advocate of his choice during interrogation
U/sec. 41D and sec. 303 CrPc.
• An arrested person has a right to inform a family member, relative or friend
about his arrest U/ sec 50 of CrPc.
•

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
An arrested person have right not to be detained for more than 24hrs,
without being presented before a magistrate, it is to prevent unlawful and
illegal arrests.
This right is a fundamental right under article 22 of the Indian constitution
and U/sec. 57 and 76 of CrPc.
An arrested person has the right to be medically examined (Sec 54,55A).
An arrested person has a right to remain silent U/Sec. 20(3) of Indian
constitution so that police can’t extract self – incriminating statement from a
person without a will or without his consent.
PROTECTION TO FEMALES -:
• The General rule is that females are not be arrested without the
presence of a lady constable and no female be arrested after sun-set but
there are exceptions in some cases, where crime is very serious and arrest
is important then the arrest can be made with special orders and it depends
on facts and circumstances of each case. Separate lock ups to be provided
for them. [State of Maharashtra Vs Christian Community Welfare
Council of India 2003 SC

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Object and Meaning of Bail: The object of arrest and detention of the accused
person is primarily to secure his appearance at the time of trial and to ensure that in
case he is found guilty he is available to receive the sentence.
There is no definition of bail in the Code, although the terms “bailable offence”
and “non-bailable offence” have been defined. (sec. 2a)
“Bail” has been defined in the Law Lexicon as security for the appearance of the
accused person on giving which he is released pending trial or
investigation. Govind Prasad v. State of West Bengal, 1975 CriLJ 1249
Provisions of Bail under CrPC
Bail in case of bailable offence
The Code of Criminal Procedure, 1973 contains elaborate provisions relating to
bails. Section 436 provides for the release on bail of a person accused of a bailable
offense.
However, by Criminal Procedure (Amendment) Act, 2005 sub-section (1) Section
436 was amended to make a mandatory provision that if the arrested person is
accused of a bailable offense is an indigent and cannot furnish surety, the courts
shall release him on his execution of a bond without sureties

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Legislature by Criminal Procedure (Amendment) Act, 2005 inserted
Section 436A which lays down the maximum period for which an under
trial prisoner can be detained.
Bail in case of Non-bailable offence
Provisions, as to bail in case of non-bailable offence, is laid down in
Section 437 of the code. This section gives the Court or a police officer
power to release an accused on bail in a non-bailable case, unless there
appear reasonable grounds that the accused has been guilty of an
offence punishable with death or with imprisonment for life. But (1) a
person under the age of sixteen years (2) a woman; or (3) a sick or infirm
person may be released on bail even if the offence charged is punishable
with death or imprisonment for life. Where a person is charged with a
non-bailable offence, but it appears in the course of the trial that he is not
guilty of such offence, he can be immediately released on bail pending
further inquiry.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Grant of bail is the rule and its refusal is an exception. But while granting
it the Court has to be satisfied that the order to be passed is in the
interest of justice. (Mazahar Ali v. State, 1982 CrLJ 1223, 1225 (J&K)
Anticipatory Bail: Section 438
Anticipatory bail means bail in anticipation of an arrest. Any person who
apprehends arrest under a non-bailable offence in India can apply for
Anticipatory Bail under the provisions of section 438 of The Code of
Criminal Procedure, 1973. It is basically bail before arrest, a person
arrested cannot seek Anticipatory Bail, he would have to move for a
regular bail. The words anticipatory bail is neither found in section 438
nor in its marginal note. In fact, anticipatory bail is a misnomer. When a
court grants anticipatory bail, what it does is to make an order that in the
event of arrest, the person shall be released on bail.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Cancellation of Bail
Rejection of Bail is different from the cancellation of bail. (Aslam Desai v.
State of Maharashtra, 1992 AIR SCW 2621)
The Code of Criminal Procedure, 1973 contains two provisions for
cancellation of Bail. The first one is laid down in Section 437(5) and the
other in section 439(2). According to Section 437(5) “any court which has
released a person on bail under sub-section (1) or sub-section (2) of
Section 437, may if it considers it necessary so to direct such person to
be arrested, and committed to custody”. Thus under this section a
Magistrate does not have an authority to cancel bail granted by a police
officer.
For cancellation of bail in such situation, power of the High Court or the
Court of Session under Section 439(2) will have to be invoked. Section
439(2) lays down that a High Court or a Court of Session may direct that
any person who has been released on bail under this chapter be arrested
and commit him to custody. Thus the power given to the High Court and
court of Session is very wide.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
441. Bond of accused and sureties.
(1) Before any person is released on bail or released on his own bond, a
bond for such sum of money as the police officer or Court, as the case
may be, thinks sufficient shall be executed by such person, and, when he
is released on bail, by one or more sufficient sureties conditioned that
such person shall attend at the time and place mentioned in the bond,
and shall continue so to attend until otherwise directed by the police
officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail,
the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released
on bail to appear when called upon at the High Court, Court of Session or
other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or
sufficient, the Court may accept affidavits in proof of the facts contained
therein relating to the sufficiency or fitness of the sureties, or, if it
considers necessary, may either hold an inquiry itself or cause an inquiry
to be made by a Magistrate subordinate to the Court, as to such
sufficiency of fitness.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Processes to compel Appearance of Person and production of
things
1.Summon
2.Warrant
3.Proclamation
4.Attachment of Property.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: SIXTH Semester
Name of the Subject:
CODE OF CRIMINAL PROCEDURE
Semester: SIXTH Semester
Name of the Subject:
CODE OF CRIMINAL PROCEDURE
UNIT-III
TRIAL PROCEEDINGS: FRAMING OF
CHARGES AND JOINDER OF CHARGES

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Framing and Joinder of Charges
One basic requirement of a fair trial in criminal jurisprudence is to give precise information to the
accused as to the accusation against him.
Charge serves the purpose of notice or intimation to the accused, drawn up according to specific
language of law, giving clear and unambiguous or precise notice of the nature of accusation that the
accused is called upon to meet in the course of trial.
This "charge" is then to be read and explained to the accused person.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Relevant Legal Provisions of Criminal Procedure Code (CrPC)
Section 211 & Section 212 specifies about Contents of Charge and mentioning of particulars as to time and
place of the alleged offence in the charge.
This rule is to an extent relaxed in a case of criminal breach of trust or of dishonest misappropriation.
When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other
movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable
property in respect of which the offence is alleged to have been committed, and the dates between which the
offence is alleged to have been committed, without specifying particular items or exact dates. It is obvious that
the relaxation given by the above rule is applicable only in case of criminal breach of trust or dishonest
misappropriation and not in case of any other offence like theft, falsification of accounts under Section 477-A
of the IPC, cheating etc.
Section 213 talks about; when manner of committing offence must be stated:
.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give
the accused sufficient notice of the matter with which he is charged, the charge shall also contain such
particulars of the manner is which the alleged offence was committed as will be sufficient for that
purpose.
Section 214 gives a rule for interpreting the words used in the charge: It provides that in every charge
words used in describing an offence shall be deemed to have been used in the sense attached to them
respectively by the law under which such offence is punishable.
Basic Procedure regarding charge & its trial
The initial requirement of a fair trial in criminal cases is a precise statement of the accusation. The
code seeks to secure this requirement, first, by laying down in Sections 211 to 214 of CrPC as to what
a charge should contain; next, stipulating in Section 218 of CrPC that for every distinct offence there
should be a separate charge; and lastly, by laying down in the same section that each charge should be
tried separately, so that what is sought to be achieved by the first two rules is not nullified by a joinder
of numerous & unconnected charges

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Section 218 reads as Separate charges for distinct offences
The object of section 218 is to save the accused from being embarrassed in his defense if distinct
offences are lumped together in one charge or in separate charges & are tried together.
Another reason is that the mind of the court might be prejudiced against the prisoner if he were
tried in one trial upon different charges resting on different evidence. It might be difficult for the
court trying him on one of the charges not to be influenced by the evidence against him on the
other charges.
The effects of non-compliance with provisions regarding charge would be considered later. It
would however be useful to allude to the decision of the Supreme Court in context of non-
compliance with Section 218. In every case, in which a departure from the requirements of
Section 218 has occurred, the question before the courts is, whether the omission to frame the
required charge has or has not in fact occasioned a failure of justice by prejudicing the accused in
his defence, & whether he has thus been deprived of a fair trial

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Power of Court to order separate trial in cases where joinder of charges or of offenders is
permissible
The basic rule regarding charge is that for every distinct offence there shall be a separate charge &
for every such charge there shall be separate trial. The only exceptions recognized are contained in
Sections 219,220,221 & 223 of CrPC. Therefore separate trial is the rule and the joint trial is an
exception.
The sections containing the exceptions are only enabling provisions. A court has got the discretion
to order a separate trial even though the case is covered by one of the exceptions enabling a joint
trial. A joint trial of a very large number of charges is very much to be deprecated even though it is
not prohibited by law.
A separate trial is always desirable whenever there is risk of prejudice to the accused in a joint
trial. The Supreme Court has taken the view that it is the option of the court whether to resort to
Section 219,220 & 223 of the Code or whether to act as laid down in Section 218 and that the
accused has no right to claim joinder of charges or of offenders

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Applicability of provisions relating to joinder of charges to cases where no charge is framed
As will be seen later, in all summons cases though it is necessary to state to the accused the
particulars of the offence of which he is charged, it is not necessary to frame a formal charge. In
such cases a question may arise whether the provisions relating to joinder of charges & of offenders
are applicable to such proceedings. The Code does not make any express provision in this regard.
However the courts have taken the view that these provisions are equally applicable in summons
cases also.
Amendment/Alteration of charge
According to Section 216 (1) of CrPC, any court may alter or add to any charge at any time before
judgment is pronounced. The section invests a comprehensive power to remedy the defects in the
framing or non-framing of a charge, whether discovered at the initial stage of the trial or at any
subsequent stage prior to the judgment.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
The code gives ample power to the courts to alter or amend a charge whether by the trial court or by the
Appellate Court provided that the accused has not to face a charge for a new offence or is not prejudiced
either by keeping him in the dark about that charge or in not giving a full opportunity of meeting it &
putting forward any defence open to him, on the charge finally preferred against him10
. The court has a
very wide power to alter the charge; however, the court is to act judiciously and to exercise the
discretion wisely. It should not alter the charge to the prejudice of the accused person
Withdrawal of remaining charges on conviction on one of several charges
Section 224 of CrPC states that when a charge containing more heads than one is framed against the
same person, and when a conviction has been had on one or more of them, the complainant, or the
officer conducting the prosecution, may, with the consent, of the Court, withdraw the remaining charge
or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges
and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the
conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the
conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
The section is applicable where the accused in convicted of one of several distinct charges before the
other charges are tried. It is necessary that the several charges made must be in respect of distinct
offences and the section will not apply where the several charges are made under Sections 220(3),
220(4), or Section 221.
Effects of omission to frame, or absence of, or error in charge
Under Section 215 & 464 of CrPC object is to prevent failure of justice where there has been only
technical breach of rules not going to the root of the case as such. The two sections read together lay
down that whatever the irregularity in framing of a charge, it is not fatal unless there is prejudiced
caused to the accused12
. The object of the section is to prevent failure of justice where there is some
breach of the rules in the formulation of the charge. However, the section also makes it clear that
insignificant irregularities in stating the particulars of the offence will not affect the trial or its
outcome. In order to decide whether the error or omission has resulted in a failure of justice the court
should have the regards to the manner in which the accused conducted his defence & to the nature of
the objection

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
The object of the charge is to give an accused notice of the matter he is charged with. If the
necessary information is conveyed to him and no prejudice is caused to him because of the
charges, the accused cannot succeed by merely showing that the charges framed were defective.
Nor could a conviction recorded on charged under wrong provisions be reversed if the accused
was informed of the details of the offences committed and thus no prejudice was caused to him.
The mere omission to frame a charge or a mere defect in the charge is no ground for setting aside a
conviction. Procedural laws are designed to sub serve the ends of justice & not to frustrate them by
mere technicalities.
Conclusion
In a criminal trial the charge is the foundation of the accusation & every care must be taken to see
that it is not only properly framed but evidence is only tampered with respect to matters put in the
charge & not the other matters.
In framing a charge during a criminal trial, instituted upon a police report, the court is required to
confine its attention to documents referred to under Section 173

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: SIXTH Semester
Name of the Subject:
CODE OF CRIMINAL PROCEDURE
Semester: SIXTH Semester
Name of the Subject:
CODE OF CRIMINAL PROCEDURE
UNIT-IV
APPEALS

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Despite all provision for fair trial and just decision, mistake are possible and error cannot be ruled
out.
Appeal is one of important feature of review procedure.
Appeal is a complaint to the superior court of an injustice done or error committed by an inferior
court whose judgment or decision the court above is called upon to correct or reverse.
Appeal is a creature of statute means no appeal lies unless so provided by the statute.
No inherent right to file appeal. This was so held in the case of Akalu Ahir Vs. Ramdeo Ram
(1973) 2 SCC 583
No appeal lies unless provided (Section 372).
No Appeal in Petty cases section 376.; It may be recalled here that according to section 31(3) for
the purpose of appeal by a convicted person , the aggregate of the consecutive sentence of imprisoned
passed against him at one trial shall be deemed to be a single sentence.
No Appeal where the Accused is convicted on his plea of Guilty (Section 375).
A) if the conviction is by High Court.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
b) If the conviction is by a court of session, metropolitan magistrate or magistrate of first
or second class, except as to legality of the sentence.
Object behind the above section is that a person who deliberately pleads guilty cannot be
being aggrieved by being convicted.
In Thippaswamy v. State of Karnataka (1983) 1 SCC 194 The Supreme Court
observed that it would be violation of Article 21 of the Constitution to induce or lead an
accused to plead guilty under a promise or assurance that he would let off lightly and then
in appeal or revision, to enhance the sentence.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Appeal to the Court of Sessions:
According to Section 374(3) of the Code of Criminal Procedure, subject to restrictions mentioned
in Sections 372, 375 and 376 of the Code and as otherwise provided in Section 374(2) of the Code
in respect of an appeal to a High Court, any person;
(a)Convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate
of the first class, or of the second class; or
(b) Sentenced under Section 325, i.e., when Magistrate cannot pass sentence sufficiently severe; or
(c) In respect of whom an order has been made or a sentence has been passed under Section 360 by
any Magistrate, i.e., order to release on probation of good conduct or after admonition, may appeal
to the Court of Session.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
(ii) Appeal to High Court:
According to Section 374(2) of the Code of Criminal Procedure, subject to restrictions mentioned in
Sections 372, 375 and 376 of the Code, any person convicted on a trial held by;
(a)A Sessions Judge or Additional Sessions Judge; or
(b)Any other Court, on a trial, in which a sentence of imprisonment for more than seven years has
been passed against him or against any other person convicted at the same trial, may appeal to the
High Court.
(iii) Appeal to the Supreme Court:
(a) According to Section 374(1) of the Code of Criminal Procedure, any person convicted on a trial
held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme
Court.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
(b) As per Section 379 of the Code, where the High Court has, on appeal, reversed an order of
acquittal of an accused person and convicted him and sentenced him to death or to imprisonment
for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
Section 378 provides for Appeal against conviction.
Section 380 – Special right of appeal in certain cases
Notwithstanding anything contained in this Chapter, when more persons than one are convicted in
one trial, and an appealable judgment of order has been passed in respect of any of such person, all
or any of the persons convicted at such trial shall have a right of appeal.
Section 381 – Appeal to Court of Session how heard
Subject to the provisions of Sub-Section (2), an appeal to the Court of Session or Sessions Judge
shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
•Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may
be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
•An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear
only such appeals as the Sessions Judge of the division may, by general or special order, make over
to him or as the High Court may, by special order, direct him to hear.
Section 382 – Petition of appeal
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.
Section 383 – Procedure when appellant in jail
If the appellant is in jail, he may present his petition of appeal and the copies
accompanying the same to the officer in charge of the jail, who shall thereupon forward
such petition and copies to the proper Appellate Court.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Section 387 – Judgments of subordinate Appellate Court
The rules contained in Chapter XXVII as to the judgment of a Criminal Court of original
jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of
Session or Chief Judicial Magistrate:
Provided that unless the Appellate Court otherwise directs, the accused shall not be
brought up, or required to attend, to hear judgment delivered.
Section 388 – Order of High Court on appeal to be certified to lower Court.
Section 389 – Suspension of sentence pending the appeal; release of appellant on bail.
Section 390 – Arrest of accused in appeal from acquittal
When an appeal is presented under section 378, the High Court may issue a warrant
directing that the accused be arrested and brought before it or any subordinate Court, and
the Court before which he is brought may commit him to prison pending the disposal of the
appeal or admit him to bail.

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Section 391 – Appellate Court may take further evidence or direct it to be taken
In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to
be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken
by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify
such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the
appeal.
The accused or his pleader shall have the right to be present when the additional evidence is taken.
The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it
were an inquiry.
Section 392 – Procedure where Judges of Court of appeal are equally divided.
Section 393 – Finality of judgments and orders on appeal
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the case
provided for in section 377, section 378, Sub-Section (4) of section 384 or Chapter XXX:

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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.
Section 394 – Abatement of appeals
Every appeal under section 377 or section 378 shall finally abate on the death of the accused.
Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on
the death of the appellant: