Treatise on Criminal Law (Print On Demand)

The main objective of the book is to give authoritative answers to every day problems in criminal law justice and administration.

The author has carefully studied and noted the effect of significant amendments and case-law at the appropriate places in the book. Important topics discussed are:-

• Power of Police to make further investigation after report under Section 173(2) Cr.P.C., 1973.
• Power of state government to superintend over investigation and to order further investigation.
• Power of Court to proceed against persons other than those against whom any trial or inquiry is proceeding.
• Does a false defence or a false explanation by the accused constitute a link in the chain of circumstantial evidence.
• Imposition of death sentence and Parallel Proceedings under Section 145, Cr.P.C. and Civil Court.

• Indian Journal of Criminology & Criminalistics:

The book is a collection of essays on different themes relating to Criminal Law administration. Each essay has been well laboured and lucidly presented. The book is a helpful tool for those concerned with the administration of Criminal Law and Justice. It has a utility for legal practitioners.

• Cuttack Law Times:

Hon'ble Justice K.K. Dutta's 'Treatise on Criminal Law' is a work acclaimed for its rich product of knowledge and expertise blended together and has been welcomed by the readers so as to enable publisher to publish the second edition within a short span of time. The book is highly readable. The simplicity of the language and clarity of principles remain the hall mark of the work.

• Gujarat Law Reporter:

The above book is the latest one in which the criminal law has been discussed in subjectwise. This is a treatise hence the titles is not prepared in sectionwise, but subjectwise. So, this book is very useful to the students of LL.M. LL.B. Police Department. Judicial Servants and others connected with this subject. For each subject a separate chapter with the head note has been prepared. In short the style of the book is more preferable and any user will get the required materials and informations very easily form this book. This is a compilation for academic and hence it will be very useful for the students of law and also the new comers to the bar and bench.

                   PREFACE III
                   TABLE OF CASES XIX

                   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

                   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

                   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

                   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

                   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

                   When is Commitment Necessary 196
                   Procedure for commitment under the Code of 1973 199

                   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

                   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

                   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

                   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

                   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

                   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

                   Motive for a crime 365
                   Evidence of motive in criminal trials 365
                   Some important decisions of the Supreme Court 367

                   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

                   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

                   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

                   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

                   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

                   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

                   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

                   Effect of previous acquittal or conviction as laid down in the Cr.P.C. 557
                   Rule of issue estoppel in criminal trials 561

                   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

                   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

                   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

                   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

                   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

                   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

                   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

                   SUBJECT INDEX 681