Criminal Procedure Code (CrPC / Bharatiya Nagarik Suraksha Sanhita)

Discuss the provisions relating to the First Information Report (FIR) under Section 154 CrPC. What is the evidentiary value of an FIR? Is it a substantive piece of evidence? Examine the Supreme Court's directions in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 regarding mandatory registration of FIR. Also discuss the remedies available to an informant when police refuse to register an FIR.[10 Marks]

Critically examine the law relating to arrest under Sections 41–60 CrPC. Discuss the guidelines laid down by the Supreme Court in D.K. Basu v. State of West Bengal (1997) 1 SCC 416 regarding safeguards to be followed during arrest. How has the Criminal Law (Amendment) Act, 2008 amended Section 41 CrPC to restrict unnecessary arrests? Also discuss the provisions of Section 41A CrPC (notice of appearance).[10 Marks]

Discuss in detail the law of bail under Sections 436–439 CrPC. Distinguish between regular bail, anticipatory bail, and default bail. What are the factors a court must consider while granting or refusing bail in non-bailable offences? Refer to Sanjay Chandra v. CBI (2012) 1 SCC 40, Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, and Satender Kumar Antil v. CBI (2022) 10 SCC 51.[10 Marks]

Explain the procedure of trial of warrant cases by the Magistrate under Sections 238–250 CrPC. Distinguish between warrant case trials instituted on a police report and those instituted on a complaint. At what stage can the accused be discharged? What is the significance of the 'framing of charge' stage? Discuss with reference to State of Karnataka v. L. Muniswamy (1977) 2 SCC 699.[10 Marks]

Examine the provisions relating to appeal, revision, and reference under the CrPC (Sections 372–405). Who may appeal against an acquittal and under what conditions? What is the distinction between the revisional jurisdiction of the High Court and that of the Sessions Court? Discuss the principle of 'no enhancement of sentence on appeal by the accused'. Refer to Babu v. State of Kerala (2010) 9 SCC 189.[10 Marks]

'A' is a college lecturer in a small town. On 15th March 2024, 'B', his colleague, files a complaint at the local police station alleging that 'A' has committed criminal breach of trust by misappropriating Rs. 50,000 from the college welfare fund. The Station House Officer (SHO) refuses to register an FIR, stating that this is a 'civil matter'. 'B' then sends a written complaint to the Superintendent of Police, who also takes no action. Meanwhile, 'A' learns of the complaint and, fearing arrest, approaches the Sessions Court for anticipatory bail under Section 438 CrPC. (a) What remedies are available to 'B' when the police refuse to register an FIR? Discuss the procedure under Section 154(3) and Section 156(3) CrPC and the directions in Lalita Kumari v. Govt. of UP (2014) 2 SCC 1. (5 marks) (b) Discuss the conditions under which 'A' may be granted anticipatory bail. Can the court impose conditions on such bail? Refer to Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1. (5 marks) (c) Assuming the FIR is eventually registered, discuss the powers of the police during investigation under Sections 161 and 164 CrPC. Can the statement of 'B' recorded under Section 161 be used as substantive evidence during trial? (5 marks)[15 Marks]

'X', a 30-year-old man, is arrested by the police at 11:00 PM from his residence on suspicion of committing a non-bailable offence (robbery under Section 392 IPC). The police do not inform 'X' of the grounds of his arrest, nor do they inform his family. 'X' is taken to the police station where he is detained overnight. The next day, 'X' is produced before the Magistrate at 6:00 PM (i.e., 19 hours after arrest). The Magistrate authorises police custody for 7 days. 'X's lawyer files an application challenging the legality of the arrest and subsequent detention. (a) Examine the legality of 'X's arrest in light of Sections 41, 50, and 56 CrPC and the guidelines in D.K. Basu v. State of West Bengal (1997) 1 SCC 416. What rights of 'X' have been violated? (5 marks) (b) Discuss the requirement of production before the Magistrate within 24 hours under Section 57 CrPC read with Article 22(2) of the Constitution. Is the detention beyond 24 hours valid? (5 marks) (c) Can the Magistrate authorise police custody under Section 167(2) CrPC? What are the safeguards? Discuss the concept of 'default bail' (statutory bail) under the proviso to Section 167(2) CrPC and the decision in Sayed Mohd. Ahmed Kazmi v. State (GNCTD) (2012) 12 SCC 1. (5 marks)[15 Marks]

Read the following excerpt and answer the questions below: In Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Supreme Court observed that arrests in cases under Section 498A IPC were being made routinely and mechanically, without proper application of mind. The Court noted that in a significant number of cases, the accused were being acquitted, indicating that arrests were being used as instruments of harassment. The Supreme Court issued detailed guidelines requiring police officers to satisfy themselves about the necessity of arrest by reference to the parameters specified in Section 41(1)(b)(ii) CrPC and to record reasons in writing. (a) What are the specific guidelines laid down by the Supreme Court in this case regarding arrest in cases punishable with imprisonment up to seven years? (4 marks) (b) Discuss the mandatory requirements imposed on the Magistrate before authorising detention under Section 167 CrPC in light of this judgment. What must the Magistrate satisfy himself about before remanding the accused to custody? (3 marks) (c) Analyse the impact of this decision on the broader criminal justice system. How does this judgment align with the principles of personal liberty under Article 21 of the Constitution? Has the BNSS, 2023 incorporated any of these safeguards? (3 marks)[10 Marks]

Distinguish between 'cognizable offence' and 'non-cognizable offence' under the CrPC with respect to the powers of the police and the procedure for taking cognizance.[3 Marks]

Distinguish between 'summons case' and 'warrant case' under Section 2(w) and 2(x) CrPC with respect to trial procedure.[3 Marks]

Distinguish between 'investigation' (Section 2(h) CrPC) and 'inquiry' (Section 2(g) CrPC).[3 Marks]

Distinguish between 'appeal' and 'revision' under the CrPC in terms of scope, right, and forum.[3 Marks]

Distinguish between 'statement under Section 161 CrPC' and 'statement under Section 164 CrPC' with respect to evidentiary value and procedural safeguards.[3 Marks]