PREFACE III
TABLE OF CASES XIX
CHAPTER I : FIRST INFORMATION REPORT
What constitutes First Information Report 1
Evidentiary value of First Information Report 8
First Information Report lodged by a person who is subsequently
put on Trial 10
Delay in Lodging First Information Report 11
Omission in First Information Report 14
Important decisions on F.I.R. 18
CHAPTER II : SEARCH AND INVESTIGATION BY POLICE AND TAKING OF COGNIZANCE BY MAGISTRATES AND SESSIONS COURT
Investigation is to be conducted ordinarily in the manner prescribed
by the Criminal Procedure Code 33
What is investigation 33
Provisions in the Criminal Procedure Code relating to investigation 34
Have Magistrates and the High Courts any power to interfere
with investigation by the police 55
Power of police to make further investigation after report under
Section 173(2), Cr.P.C, 1973 61
Power of State Government to superintend over investigation and to
order for further investigation 61
Power of taking cognizance 63
What constitutes taking of cognizance 65
Cognizance is taken of an offence and not of an offender 66
Power of Court, in which any inquiry or trial is proceeding against
some accused, to proceed against other persons also 68
Whether taking of cognizance is obligatory under Section 190, Cr.P.C. 70
Taking of cognizance by Court of Session 73
Bar of limitation 73
Powers of a Magistrate in dealing with Police Reports Submitted
under Section 173, Cr.P.C. 79
Effect of Irregularity or Illegality in Conducting Searches 83
Effect of other illegality or irregularity in investigation 88
CHAPTER III : TEST IDENTIFICATION PARADES
Object of test identification parades 102
Mode of conducting test identification parades 103
Value of test identification parade 105
To what extent is admissibility of evidence as to identification in test
identification parade affected by the provisions of Sections 162 and 164
of the Cr.P.C. 109
Avoidance of delay in holding test identification parade 115
Notes of Important Decisions 115
CHAPTER IV : CHARGE
What is charge 123
When is a charge to be framed 123
Form and contents of charge 126
Joinder of charges 131
Meaning of the words ''same transaction'' 136
How far is Section 239, Cr.P.C., 1898 and corresponding Section 223,
Cr.P.C. 1973, controlled by other sections in the same Chapter and are
the provisions of different clauses of these sections mutually exclusive 138
At what stage the question of joinder of charges and accused persons
to be considered 143
Errors and omissions in charges, and amendment of charges 143
Effect of errors and omissions in charges 145
Some important decisions of the Supreme Court 154
CHAPTER V : STATEMENTS MADE TO POLICE IN COURSE OF INVESTIGATION
Recording of Statements by the Police during Investigation 170
Use of statements of persons examined by the police in course
of investigation 172
What constitutes contradiction? 176
Use of statements, made to the police in course of investigation, by the
Court in exercise of its powers under Section 165, Indian Evidence Act 181
Evidentiary value of statement of witnesses to police
during investigation 184
Statements not to be obtained by pressure or inducement 186
Recording of joint or identical statements of witnesses 187
Copies of statements of witnesses to be supplied to accused 188
Some important decisions of the Supreme Court 189
CHAPTER VI : COMMITMENT FOR TRIAL
When is Commitment Necessary 196
Procedure for commitment under the Code of 1973 199
CHAPTER VII : DYING DECLARATION
Inadmissibility of Oral Evidence which is not Direct 204
Admissibility of Dying Declarations 205
Proof of Dying Declaration 210
Evidentiary Value of Dying Declarations 212
Some important decisions of the Supreme Court 214
CHAPTER VIII : INDEPENDENT WITNESS, PARTISAN WITNESS, CORROBORATION, FALSUS IN UNO FALSUS IN OMNIBUS
A fact can be proved by the Evidence of a Single Witness 225
Frailties of Oral Evidence 225
Duty of the Court to sift the evidence : Maxim ''falsus in uno falsus in
omnibus'' is not a sound rule 226
Necessity of Corroboration 231
Independent witness, partisan witness, natural witness, and chance
witness 235
Corroboration in case of sexual offences 244
CHAPTER IX : ACCOMPLICE EVIDENCE
Provisions in the Evidence Act about accomplices 254
Who is an Accomplice 255
Defects and infirmities in evidence of an accomplice 255
Corroboration of accomplice evidence and nature of corroboration 256
Important decisions on Accomplice Evidence 257
CHAPTER X : CIRCUMSTANTIAL EVIDENCE
Evidence and proof 264
What is circumstantial evidence 265
Importance of circumstantial evidence 265
Principles applicable in appreciating circumstantial evidence and in
adopting such evidence as the sole basis of conviction 266
Some important decisions of the Supreme Court 268
Does a false defence or a false explanation by the accused constitute
a link in chain of circumstantial evidence 274
CHAPTER XI : EXPERT EVIDENCE
Definition of ''Expert'' and admissibility of evidence of an expert 276
Mode of proof of opinion evidence of an expert 277
Evidentiary value of expert opinion 281
Some important decisions of the Supreme Court 282
CHAPTER XII : CONFESSIONS
What is Confession 292
Admissibility of Confessions 298
Can Conviction be based on confession alone 318
Can Conviction be based on retracted confession 320
Use of confession of an accused as against a co-accused 322
Can a confessional statement or admission be split up and only a
part be used against the accused 329
Evidentiary value of extra-judicial confession 341
A confession may be admitted without being made to any
particular person 345
Statement leading to discovery (Section 27 of the Evidence Act) 348
CHAPTER XIII : MOTIVE
Motive for a crime 365
Evidence of motive in criminal trials 365
Some important decisions of the Supreme Court 367
CHAPTER XIV : NON-EXAMINATION OF WITNESSES BY PROSECUTION
No particular number of witnesses required for proving a fact 372
It is open to the prosecution not to examine any witnesses
who are available for proof of relevant facts 372
CHAPTER XV : EXAMINATION OF ACCUSED UNDER SECTION 342, CR.P.C., 1898 AND CORRESPONDING SECTION 313, CR.P.C. 1973
Provisions regarding examination of the accused as embodied in the
chapters relating to trials 380
Examination of accused under Section 342, Cr.P.C. 1898 and Corresponding
Section 313, Cr.P.C. 1973 and the stage of such examination 381
Object of examination under Section 342, Cr.P.C. 1898 and corresponding
Section 313, Cr.P.C., 1973 383
Mode of Examination of accused under Section 342 Cr.P.C., 1898
and Section 313 Cr.P.C., 1973 385
Examination of the accused under Section 342 and corresponding
Section 313, should not be peerfunctory 386
Effect of non-compliance of the provisions of Section 342, Cr.P.C., 1898
and corresponding Section 313, Cr.P.C., 1973 387
Evidentiary value of statements made by the accused during his
examination under Section 342, Cr.P.C., 1898 and corresponding
Section 313, Cr.P.C. 1973 388
Can the Lawyer of an accused be examined under Section 342,
Cr.P.C., 1898 and Corresponding Section 313, Cr.P.C. 1973 on behalf
of the accused 389
Important decisions of the Supreme Court 390
CHAPTER XVI : CHARACTER OF THE ACCUSED
Provisions in the Indian Evidence Act regarding admissibility of evidence
as to characters 401
Admissibility of evidence as to character in criminal cases 402
Nature of evidence as to character 402
CHAPTER XVII : COMMON LIABILITY
Provisions of the Indian Penal Code regarding common and
separate liability 405
Distinctions between Sections 34, 35 37 and 38, I.P.C. 407
Liability under Section 114 and Section 149, I.P.C. 418
Distinction between Sections 34 and 149, I.P.C. 422
Common intention and common object 423
Applicability of Section 149, I.P.C. when less than five persons
are convicted 429
Can there be conviction for the substantive offence either with
or without the aid of Section 34, I.P.C. if the trial has been on
a charge for the substantive offence with the aid of
Section 149, I.P.C. 430
Can there be conviction for the substantive offence if the charge
is for the substantive offence read with Section 34, I.P.C.
and vice versa 430
Can an accused be convicted for a substantive offence read with
Section 34, I.P.C., if the other accused jointly tried with him on
the same charge are all acquitted 456
CHAPTER XVIII : MEASURE OF PUNISHMENT
Wide range of penalties as prescribed under different Penal sections 464
Object of providing such wide range of punishments 465
Discretion should be exercised judicially in determining the measure
of punishment 470
Hearing on sentence 472
Notes of important decisions of the Supreme Court 475
Imposition of Death Sentence 483
CHAPTER XIX : SANCTION FOR PROSECUTION
Restriction on powers of taking cognizance 491
Section 197, Cr.P.C. and Section 6, Prevention of Corruption Act,
distinguished 498
Object of the provisions relating to sanction 498
Requirements of a valid sanction 499
Is sanction required if the Judge, Magistrate or Public Servant is no
longer in service at the time when cognizance is to be taken 504
Meaning of the expression ''while acting or purporting to act
in the discharge of his official duty'' as used in Section 197, Cr.P.C. 508
CHAPTER XX : WITHDRAWAL FROM PROSECUTION
Provisions in the Cr.P.C. relating to withdrawal from Prosecution 539
Effect of withdrawal under Section 494, Cr.P.C., 1898 and corresponding
Section 321, Cr.P.C., 1973 544
Special Provision for Non-prosecution in case of trials before the
High Court 545
Principles to be followed in filling application for withdrawal and in
granting of consent by Court for withdrawal 545
CHAPTER XXI : RULE OF ISSUE ESTOPPEL IN CRIMINAL CASES
Effect of previous acquittal or conviction as laid down in the Cr.P.C. 557
Rule of issue estoppel in criminal trials 561
CHAPTER XXII : APPEALS TO HIGH COURT AGAINST ORDERS OF ACQUITTAL
By whom can such appeals be filed 575
Scope of Appeals filed to the High Court from Orders of Acquittal 579
Powers of the High Court in disposing appeals against acquittal 580
Limitations in the powers of the High Court in dealing with appeals
from acquittals 584
Power of the High Court in appeal against acquittal to convict for an
offence other than that for which the accused was charged 603
What sentence can the Appellate Court Impose in an appeal
against acquittal 605
CHAPTER XXIII : POWER OF APPELLATE COURT TO ORDER RETRIAL OR DIRECT TAKING OF ADDITIONAL EVIDENCE
Provisions in the Cr.P.C. as to power of appellate court to order
retrial or direct taking of additional evidence 610
Circumstances in which power to take additional evidence
is to be exercised 611
Circumstances in which power to order retrial should be exercised 612
Some important decisions of Supreme Court 613
Can retrial be ordered on a charge on which there has been acquittal
by the trial court, if there is no appeal against the acquittal
on that charge 617
CHAPTER XXIV : REVISION AGAINST ACQUITTAL
Provisions in the Cr.P.C. as to the powers of the High Court in
revision against acquittal 620
Circumstances in which retrial may be ordered in a revision against
an order of acquittal 622
Some important decisions of the Supreme Court 623
CHAPTER XXV : EFFECT OF DEATH OF APPELLANT IN APPEAL UNDER SECTION 417(3), CR.P.C. 1898 OR SECTION 378(4), CR.P.C. 1973
Appeal under Section 417 (3), Cr.P.C., 1898 or Section 378(4),
Cr.P.C. 1973 does not abate death of the appellant 629
Appeal under Section 417 (3), Cr.P.C. 1898 or Section 378(4),
Cr.P.C. 1973 has to be decided on merits, even after the death
of the appellant 631
Effect of death of the complainant 631
Before filing application for Special Leave to appeal under
Section 417(3) Cr.P.C., 1898 or Section 378 (4) Cr.P.C., 1973
During Pendency of such Application ; or
After granting of special leave but before filing of appeal
CHAPTER XXVI : EFFECT OF DEATH OF ACCUSEED OR COMPLAINANT WHILE APPLICATION FOR REVISION IS PENDING
No provision in Cr.P.C. for abatement of revisional proceeding on
death of accused or complainant 634
Distinction between appeal and revisional proceeding 634
Revisional proceeding is to be decided on merits if effective order
can be passed in spite of the death of accused or complainant 635
Revisional proceeding against conviction and sentence may be entertained
on abatement of appeal against the conviction due to death of the
convicted person 636
Important decisions of the Supreme Court 637
CHAPTER XXVII : PROCEEDINGS UNDER SECTION 145, CR.P.C.
When can action under Section 145, Cr.P.C. be taken 641
When can an order passed under sub-section (1) of
Section 145 be interfered with by a Superior Court 642
The dispute must be a bona fide dispute 642
Meaning of the expression ''land or water'' as used in Section 145,
Cr.P.C. 643
Decision of the Magistrate is to be as regards Actual Possession only 643
Effect of a decision by Magistrate about possession 645
Provisions relating to attachment, etc. 646
Some other provisions of Section 145 646
Action to be taken if the Magistrate is unable to decide
about possession 647
Parallel proceedings under Section 145, Cr.P.C. and in Civil Court 648
Important Decisions of the Supreme Court 649
CHAPTER XXVIII : DISPOSAL OF PROPERTY
Property in Custody of Police or Court 653
Provisions in the Cr.P.C. for disposal of property 656
Disposal of property during pendency of any inquiry or trial 656
Disposal of property or conclusion of an inquiry or trial 658
Disposal of property when there is no inquiry or trial
pending or concluded 663
Disposal of property seized under Special Statutes 666
CHAPTER XXIX : LATEST CASE LAW
SUBJECT INDEX 681
6
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