Criminal Procedure Code, 1973 (CrPC)

Discuss the classification of criminal courts and their hierarchy under Chapter II of the CrPC (Sections 6–35). Explain the jurisdiction and sentencing powers of each court, from the Supreme Court down to the Judicial Magistrate of the second class. How does the CrPC distribute criminal jurisdiction to ensure access to justice?[10 Marks]

Critically examine the process of 'investigation' under the CrPC (Sections 154–176). Discuss the steps involved from the registration of the FIR to the filing of the charge-sheet (Section 173). What are the powers of the police during investigation with respect to examination of witnesses (Section 161), recording of confessions and statements (Section 164), and search and seizure (Sections 93–105)? Refer to State of Bihar v. J.A.C. Saldanha (1980) 1 SCC 554.[10 Marks]

Explain the provisions relating to maintenance of wives, children, and parents under Section 125 CrPC. What is the scope and object of this section? Discuss whether a Muslim woman can claim maintenance under Section 125 CrPC after the Shah Bano judgment – Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556. Also discuss the impact of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the subsequent interpretation in Danial Latifi v. Union of India (2001) 7 SCC 740.[10 Marks]

Discuss the law relating to 'search and seizure' under Sections 93–105 of the CrPC. When may a search warrant be issued? What is the procedure for search of a closed place (Section 100)? Discuss the safeguards provided to protect the rights of the person whose premises are being searched. Examine the constitutional validity of search provisions in light of Article 20(3) and the right to privacy under Article 21. Refer to Pooran Mal v. Director of Inspection (1974) 1 SCC 345.[10 Marks]

Examine the concept and procedure of 'plea bargaining' under Chapter XXIA of the CrPC (Sections 265A–265L). What are the conditions and limitations for plea bargaining? For which offences is plea bargaining not available? Discuss the role of the court, the victim, and the public prosecutor in the plea bargaining process. Critically analyse whether plea bargaining has been effective in reducing the pendency of criminal cases in India.[10 Marks]

'W', a married woman, files a complaint under Section 125 CrPC before the Magistrate claiming maintenance from her husband 'H'. She states that 'H' has been living with another woman and has not provided her any maintenance for the last two years, despite earning Rs. 1,50,000 per month. 'H' contends that 'W' left the matrimonial home voluntarily without any sufficient reason and is herself earning Rs. 40,000 per month as a school teacher. 'H' also claims that 'W' is living in adultery, which disentitles her to maintenance. (a) Discuss the conditions under which a wife is entitled to maintenance under Section 125 CrPC. Is 'W' entitled to claim maintenance despite being employed? Refer to Rajnesh v. Neha (2021) 2 SCC 324. (5 marks) (b) What is the effect of the defence of 'living in adultery' under Section 125(4) CrPC? Is 'H' required to prove adultery as a fact or is mere allegation sufficient? (5 marks) (c) Discuss the quantum of maintenance that the Magistrate may award. Can the Magistrate take into account the living standard of the parties, the income of the wife, and the needs of the children (if any)? What is the remedy available if 'H' fails to pay the maintenance awarded? (5 marks)[15 Marks]

In a case of murder (Section 302 IPC), the Sessions Court convicts the accused 'D' and sentences him to life imprisonment. 'D' files an appeal to the High Court under Section 374 CrPC. During the pendency of the appeal, 'D' applies for bail (suspension of sentence) under Section 389 CrPC. The State files a cross-appeal seeking enhancement of sentence to death. The High Court acquits 'D', finding that the prosecution has failed to prove its case beyond reasonable doubt and that the evidence of key eyewitnesses is unreliable. (a) Discuss the right of appeal of 'D' against his conviction. What is the scope of appellate review in criminal cases? Can the appellate court re-appreciate evidence? Refer to Chandrappa v. State of Karnataka (2007) 4 SCC 415. (5 marks) (b) Discuss the conditions under which the State may file an appeal against acquittal under Section 378 CrPC. What is the standard of review applied by the appellate court in an appeal against acquittal? Refer to Atley v. State of UP (AIR 1955 SC 807). (5 marks) (c) In the present case, if the State is aggrieved by the High Court's acquittal, what further remedy is available? Discuss the power of the Supreme Court under Article 136 of the Constitution. Can the Supreme Court restore the conviction? (5 marks)[15 Marks]

Read the following excerpt and answer the questions below: In Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1, the Supreme Court (Constitution Bench) addressed the question of whether a police officer is bound to register an FIR upon receiving information disclosing the commission of a cognizable offence, or whether the officer has the discretion to conduct a preliminary inquiry before registration. The Court held that registration of FIR is mandatory under Section 154 CrPC if the information received discloses commission of a cognizable offence, and no preliminary inquiry is permissible in such a situation. However, the Court carved out certain categories of cases where a preliminary inquiry may be conducted before registering an FIR. (a) State the ratio decidendi of the Supreme Court in this case. What are the categories of cases where the Court permitted a preliminary inquiry before registration of FIR? (4 marks) (b) What is the time limit prescribed by the Court for completing the preliminary inquiry? What must the police officer record in the General Diary/Station Diary? (3 marks) (c) Discuss the significance of this judgment in ensuring accountability of the police and protecting the rights of victims of crime. How does the mandatory registration of FIR relate to the constitutional right of access to justice under Article 21? Has the BNSS, 2023 codified these principles? (3 marks)[10 Marks]

Distinguish between 'bailable offence' and 'non-bailable offence' under the CrPC with respect to the rights of the accused and the powers of the court.[3 Marks]

Distinguish between 'regular bail' (Section 437/439 CrPC) and 'anticipatory bail' (Section 438 CrPC) with respect to the stage, conditions, and forum.[3 Marks]

Distinguish between 'FIR' (Section 154 CrPC) and 'complaint' (Section 2(d) CrPC) with respect to their nature, form, and the procedure that follows.[3 Marks]

Distinguish between 'compoundable offences' and 'non-compoundable offences' under Section 320 CrPC with reference to the role of the court and the consent of the complainant.[3 Marks]

Distinguish between 'warrant trial' (Sections 238–250 CrPC) and 'summons trial' (Sections 251–259 CrPC) with respect to procedure, framing of charge, and nature of offences tried.[3 Marks]