Delhi Judicial Services Exam Indian Penal Code & Criminal Procedure Flashcards

24 sample cards from the Indian Penal Code & Criminal Procedure deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is an FIR, under which provision is it recorded, and what are its key features?

   First Information Report — information relating to the commission of a COGNIZABLE offence given to an officer in charge of a police station, recorded under Section 154 CrPC. It must be reduced to writing, read over, signed by the informant, and a copy given free of cost. It sets the criminal law in motion. Information about a non-cognizable offence is recorded under Section 155.

2. What is a 'zero FIR' and what did Lalita Kumari v. Govt. of U.P. hold about FIR registration?

   A Zero FIR can be registered at ANY police station irrespective of jurisdiction (numbered '0') and later transferred to the competent station. In Lalita Kumari (2014), the Supreme Court held that registration of an FIR is MANDATORY under S.154 if the information discloses a cognizable offence; a preliminary inquiry is permissible only in limited categories (e.g., matrimonial, commercial, medical negligence, corruption, abnormal delay).

3. Distinguish a cognizable offence from a non-cognizable offence under the CrPC.

   Cognizable (S.2(c)): police may arrest WITHOUT warrant and investigate without a Magistrate's order; generally serious offences. Non-cognizable (S.2(l)): police can neither arrest without warrant nor investigate without an order of a Magistrate (under S.155(2)); generally less serious offences.

4. When may a police officer arrest a person without a warrant, and what safeguards apply (Sections 41 and 41A CrPC)?

   Section 41 allows arrest without warrant for cognizable offences subject to recorded reasons. For offences punishable up to 7 years, the officer must be satisfied arrest is necessary (to prevent further offence, proper investigation, prevent tampering/intimidation, ensure presence) and record reasons. Section 41A requires issuing a notice of appearance instead of arrest where arrest is not necessary. Arnesh Kumar v. State of Bihar laid down these guidelines.

5. What is the constitutional and statutory rule on production of an arrested person before a Magistrate?

   An arrested person must be produced before the nearest Magistrate within 24 hours of arrest, excluding journey time (Section 57 CrPC and Article 22(2) of the Constitution). No person can be detained in police custody beyond 24 hours without a Magistrate's authorisation under Section 167 CrPC.

6. Distinguish bailable from non-bailable offences and the nature of bail in each (Sections 436 and 437 CrPC).

   Bailable offence (S.436): bail is a matter of RIGHT; the accused must be released on bail/bond. Non-bailable offence (S.437): bail is a matter of the court's DISCRETION; it may be refused, and shall not ordinarily be granted where there are reasonable grounds the accused committed an offence punishable with death or life imprisonment (with exceptions for women, minors, sick/infirm).

7. What is anticipatory bail, under which section is it granted, and what factors guide it?

   Anticipatory bail under Section 438 CrPC is a direction by the Sessions Court or High Court that, in the event of arrest for a non-bailable offence, the person shall be released on bail. Factors: nature/gravity of accusation, antecedents of applicant, possibility of fleeing, and whether the accusation is to injure/humiliate. Sibbia and Sushila Aggarwal cases held it need not be of limited duration.

8. What is the maximum period of detention during investigation under Section 167(2) CrPC and the right to 'default bail'?

   A Magistrate may authorise detention up to a maximum of 90 days (for offences punishable with death/life/10+ years) or 60 days (other offences). If investigation is not completed and charge-sheet not filed within this period, the accused is entitled to be released on 'default'/'statutory' bail if he is prepared to and furnishes bail — an indefeasible right.

9. What are the four processes to compel the appearance of a person under the CrPC?

   (1) Summons (Sections 61-69); (2) Warrant of arrest (Sections 70-81); (3) Proclamation and attachment for an absconder (Sections 82-86); and (4) Other rules regarding processes. A warrant may be issued where summons is disobeyed; a proclamation under S.82 (and attachment under S.83) is used when a person against whom a warrant is issued absconds.

10. What are the processes to compel the production of documents/things under the CrPC?

    (1) Summons to produce a document or thing (Section 91); (2) Procedure for letters/telegrams (Sections 92-93); (3) Search warrant (Sections 93-98) — issued where production cannot be ensured, place is unknown, or a general search is needed; and search of place suspected to contain stolen property/forged documents (S.94), with searches conducted under Sections 100-101.

11. What is the scope and procedure of Section 144 CrPC?

    Section 144 empowers a District/Sub-divisional/Executive Magistrate to issue, in urgent cases of nuisance or apprehended danger, a written order directing any person to abstain from an act or to take order with property, to prevent obstruction, annoyance, injury, danger to human life/health/safety, disturbance of public tranquillity, or riot/affray. The order generally remains in force for not more than 2 months (extendable by State up to 6 months).

12. What is 'cognizance of an offence' and how may a Magistrate take it under Section 190 CrPC?

    Taking cognizance means the Magistrate's application of judicial mind to the alleged offence to proceed further. Under Section 190 a Magistrate may take cognizance: (a) on receiving a complaint; (b) on a police report of facts; or (c) upon information received from any person (other than a police officer) or upon his own knowledge that such offence has been committed.

13. What is the procedure and purpose of commitment of a case to the Court of Session (Section 209 CrPC)?

    When an offence is triable EXCLUSIVELY by the Court of Session, the Magistrate taking cognizance commits the case to the Court of Session, remands the accused to custody, sends the records and documents, and notifies the Public Prosecutor. The Sessions Court then conducts the trial; the Magistrate has no power to try such cases.

14. What is a 'charge', and what are the rules on framing and altering a charge (Sections 211-217 CrPC)?

    A charge is a precise formulation of the specific accusation against the accused so he can prepare his defence, stating the offence, relevant section, time, place, and particulars. Under Section 216 the court may alter or add to any charge at any time before judgment; if the alteration is likely to prejudice the accused, a new/re-trial may be required and witnesses may be recalled.

15. What are the main types of criminal trial under the CrPC?

    (1) Trial before a Court of Session (Sections 225-237) — for offences exclusively triable by Sessions; (2) Trial of warrant cases by Magistrates (Sections 238-250) — offences punishable with death/life/over 2 years, instituted on police report or otherwise; (3) Trial of summons cases by Magistrates (Sections 251-259) — offences punishable up to 2 years; and (4) Summary trials (Sections 260-265) — speedy disposal of petty offences.

16. What is the difference between a 'warrant case' and a 'summons case' under the CrPC?

    A warrant case (S.2(x)) relates to an offence punishable with death, life imprisonment, or imprisonment exceeding two years — formal charge framed, fuller procedure. A summons case (S.2(w)) relates to an offence NOT being a warrant case (punishable up to two years) — no formal charge, only the substance of accusation is stated to the accused; simpler, speedier procedure.

17. What must a judgment contain and what is the rule on pronouncement under the CrPC (Sections 353-354)?

    A judgment must be in writing in the language of the court, contain the point(s) for determination, the decision and reasons, the offence and section, and the sentence; for conviction in capital cases requiring death or life, special reasons must be recorded. It is pronounced in open court immediately after the trial or at a notified subsequent time, in the presence of the accused.

18. What is the doctrine of 'rarest of rare' cases and where was it laid down?

    Laid down in Bachan Singh v. State of Punjab (1980) and elaborated in Machhi Singh v. State of Punjab (1983): the death penalty is constitutional but should be imposed only in the 'rarest of rare' cases where the alternative of life imprisonment is unquestionably foreclosed, after balancing aggravating and mitigating circumstances. Life imprisonment is the rule, death the exception.

19. What is the benefit of release on probation under Sections 360 and 361 CrPC and the Probation of Offenders Act?

    Section 360 CrPC allows the court, instead of sentencing, to release certain first/young/women offenders (and others convicted of offences up to 7 years) on probation of good conduct on a bond, or after due admonition. Section 361 requires the court to record special reasons if it does NOT grant probation/admonition. The Probation of Offenders Act, 1958 provides a wider, beneficial scheme aimed at reformation rather than incarceration.

20. Distinguish an appeal, a revision and a reference under the CrPC.

    Appeal (Ss.372-394): a statutory continuation of the case allowing review of both facts and law against a conviction/acquittal/sentence; lies only where provided (no appeal from a plea of guilty conviction, save sentence/legality). Revision (Ss.397-401): discretionary supervisory power of Sessions Court/High Court to examine correctness, legality or propriety of any order/finding/sentence of an inferior court; limited, not a right. Reference (S.395): a subordinate court refers a question on the validity of an Act/Ordinance/Regulation to the High Court for decision.

21. Who can appeal against an acquittal, and what is the special provision for the State and victim?

    The State Government may direct the Public Prosecutor to appeal against an acquittal to the High Court (Section 378 CrPC); in cases instituted on complaint, the complainant may appeal with special leave. The victim has a statutory right of appeal (proviso to S.372) against an order of acquittal, conviction for a lesser offence, or imposition of inadequate compensation.

22. What is the object, and who are the persons entitled to claim maintenance, under Section 125 CrPC?

    Section 125 provides a speedy, summary remedy to prevent vagrancy and destitution by ordering a person with sufficient means who neglects/refuses to maintain his (1) wife unable to maintain herself, (2) legitimate or illegitimate minor child (and a major child unable to maintain itself due to physical/mental abnormality), and (3) father or mother unable to maintain themselves, to pay a monthly allowance.

23. When is a wife disentitled to maintenance under Section 125 CrPC?

    Under Section 125(4), a wife is not entitled to maintenance if she is living in adultery, or if without sufficient reason she refuses to live with her husband, or if they are living separately by mutual consent. The maintenance order may also be cancelled on these grounds (S.125(5)).

24. Can a divorced woman and a woman in a void marriage claim maintenance under Section 125 CrPC?

    Yes for a divorced woman — 'wife' under the Explanation to S.125 includes a woman who has been divorced and has not remarried. A woman in a void/voidable marriage generally cannot claim under S.125 as she is not a legally wedded wife (per Yamunabai Anantrao Adhav), though courts have given relief in cases where the woman was unaware of the prior subsisting marriage and other beneficial interpretations.

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