The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-II]

“POLICE REPORT” Q.7 What is a “Police Report” ? Ans. A “Police Report” as defined under Section 2 (r) Cr.P.C. is the “final report” filed under Section 173 (2) Cr.P.C. by a Police Officer after the conclusion of investigation under Chapter XII Cr.P.C. A case can be instituted before a Magistrate either by means of a “police report” or...

The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” For Short) At A Glance-Comments By Justice Ramkumar

This is in continuation of my earlier article titled “IS THE LEGISLATIVE MEASURE OF REPEAL AND SUBSTITUTION OF THE THREE EXISTING MAJOR PENAL STATUTES, AN INEVITABLE DESIDERATUM?”. On a closer scrutiny I find BNSS fraught with certain other illegalities and improprieties, although some of the provisions are welcome changes. I am sharing my thoughts with respect to the same. A The...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-I]

Q.1 What is a “cognizable offence” and a “cognizable case”? Ans. Section 2 (c) Cr.P.C defines both the above expressions as follows:- “2 (c) – “cognizable offence” 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...

A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A] [PART-II]

PART-I Of This Article Can be read hereTHE COMBINED OPERATION OF SECTIONS 31 AND 325 Cr.P.C.This can be better understood by discussing a concrete example in the form of a problem. PROBLEM As members of an unlawful assembly sharing the same common object, A1 to A5 committed rioting and attacked PWs 1 to 3 from a public road at 7 pm. A1 and A2 were each wielding...

A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A]

Even though Section 31 Cr.P.C is a small Section with 3 sub-sections, it has been eluding the comprehension of many in the Bench and the Bar, necessitating some elucidation so that its contours are better understood. I will first deal with Section 31 (1) and thereafter sub-sections (2) and (3) of the said Section. THE SCOPE OF SECTION 31 (1) Cr.P.C. Section 31 Cr.P.C reads...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-7]

AB. Is not the filing of a charge-sheet without the requisite prosecution sanction per se, illegal ? 29. The filing of a charge-sheet before Court without the requisite prosecution sanction is not per se illegal. What the law insists is that before the Court takes cognizance of the offence, there must be before the Court the requisite prosecution sanction given by the...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-6]

Z. The necessity, if any, to examine the sanctioning authority as a witness before Court 27. There is no need to examine the sanctioning authority as a witness during the trial of the case before Court. What the prosecution has to prove is that the sanctioning authority applied his mind to the facts constituting the offence. If this is discernible from the sanction order...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-5]

T. Can the Government empower a responsible and senior officer to accord sanction on behalf of the Government either under the Cr.P.C or under the P.C Act, 1988 ? 21. Yes. Where it is the Government which has to accord prosecution sanction, the Government can empower a responsible and senior officer to accord such prosecution sanction. As per an amendment to the Rules of Business...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-4]

O. Authorities competent to accord sanction under Section 19 (1) of the Prevention of Corruption Act, 1988 16. The authorities competent to grant prosecution sanction under the P. C. Act, 1988 are – (i) The Central Government in the case of a person who is employed in connection with the affairs of the Union and not removable from his office except by or with...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-3]

L. Can it be said that certain offences committed by public servants cannot constitute acts done in performance of official duty ? 13. Unfortunately yes, in the light of certain decisions of the Supreme Court. In State of H.P. v. M.P Gupta (2004) 2 SCC 349 = AIR 2004 SC 730 - Doraiswamy Raju, Arijit Pasayat - JJ, it was held by the Apex Court that it was no part of...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-2]

F. The inevitable requirements for sanction to prosecute an accused who is a Judge, Magistrate or a Public Servant 7. It is not enough that the Judge, Magistrate or “public servant” concerned is holding such post. It should be further shown that they are not removable from their office except by or with the sanction of the appropriate Government and that the...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-I]

A. I N T R O D U C T I O N Section 197 Cr.P.C. has been enacted for affording some protection to “public servants” including Judges and Magistrates. In the case of Judges and Magistrates, they have to function without any fear or favour, affection or ill will. As long as they act bona fide, they need protection for fearlessly administering justice and any...