• Any police officer, with or without warrants in certain cases. (Section 41)

• Any private person in whose presence a non-bailable and cognizable offence has been committed. (Section 43)

• Magistrate - when an offence is committed in his presence within his local jurisdiction. (Section 44)

• Person arrested to be informed of grounds of arrest and right of bail (Section 50(1))

• Right to be released on bail in case of bailable offence when arrested by police officer without warrant. (Section 50(2))

• Right to medical examination of his body.(Section 54)

• If arrested by police without warrant, the person arrested cannot be detained in custody for more than 24 hours without special order from Magistrate. (Section 57)

• If the person forcibly resists the endeavour to him, or attempts to evade arrest ,the police offer may use all means necessary to effect the arrest(Section 46(2))

• Search of place entered into by person sought to be arrested (Section 47)

• Pursuit of offenders into other jurisdictions (Section 48)

• Person arrested should not be subjected to more restraint than is necessary to prevent his escape

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• Search of arrested persons (Section 51)

• Examination of accused by medical practitioner at the request of the police officer.

• Person arrested to be taken before Magistrate or officer in charge of police station.

• Power on escape to pursue and retake (Section 60)

In popular usage, the filing of First Information Report (FIR) is referred to and is covered by Section 154 of Chapter XII, though the words 'FIR' or 'First Information report' is not used in this Section. This is an important source to remedy for victims of offences by unscrupulous persons. The entire Section is therefore quoted:

"Information in cognizable cases:- (1) Every information relating to the commission of cognizable offence, if given orally to an officer in charge of a police station, shall be reduced in writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced in writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-Section (1) shall be given forthwith, free of cost, to the informant.

(3)Any person aggrieved by the officer in-charge of police station to record the information referred to in sub-Section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned, who if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by this Code, and such other officer shall have all the powers of the officer in-charge of the police station in relation to that offence.".

A similar procedure is prescribed under Section 155 for dealing with Information Report in respect of non-cognizable offences, except as provided in sub-section (2) of the Section.

No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

Any officer in-charge of a police station may investigate a cognizable case without the order of a Magistrate, provided such case falls within jurisdiction of a local court to try.(Section 156). However the officer in-charge of the police station shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report

The Officer In-charge of the Police station may himself proceed to the spot and carry out investigation of the facts and circumstances of the case or he may depute a subordinate officer for such investigation. (Section 157)

A Police Officer making investigation can order in writing attendance before himself of any person within his limits. Such person shall be bound to attend the investigation and answer truly all questions put by police officer relating to the case. The statement may be reduced to writing and copy thereof be given to the person. But such statement made to police officer is not to be signed by the person making the statement. (Section 160)

The Magistrate on receiving the Report under Section 157 may direct an investigation, or if he thinks fit at once proceed, or depute any Magistrate subordinate to him to proceed to old a preliminary inquiry into, or otherwise dispose of the case in the manner provided by the court (Section 159)

If upon investigation, the officer in charge of police station feels that there is no sufficient evidence, he may release the accused, if the accused is in his custody. If however, he feels that there is sufficient evidence he shall forward the accused to a Magistrate. (Section 173)

If in the opinion of Magistrate taking cognizance of an offence there is sufficient ground for proceedings, he shall issue summons or warrants for attendance of the accused, based on either the case is taken under summons or warrant procedure. (Section 204 (1) Before this however the prosecution must file a list of witnesses. (Section 204 (2)). The Magistrate if he feels justified may dispense with the personal attendance of the accused. (Section 205 (1)).

The accused shall be given a copy of the following documents free of cost: (Section 207)

• Police report

• FIR recorded under Section 154

• Statement recorded. Under Section 161

• The confessions and statements, if any, recorded under Section 164

• Any other document/relevant extracts forwarded to Magistrate with police report

Commitment of case to Court of Sessions when offence is triable exclusively by it. In this case the Magistrate will commit the case to the Court of Sessions after complying with provisions of Section 207 or 208 (Section 209)

The content of the charge, i.e. the language or words by which the charge is to express precisely is described in section 210 to 214.

• The offence committed should be specified as per legal terminology used in the law defining it, quoting the law and its Section.

• If the accused was previously convicted and liable for enhanced punishment particulars of the previous conviction should be stated in the charge.

• The time and place and the person against whom the offence was committed is to be specified.

• Where warranted as per Section 213, the manner in which the alleged offence was committed is also to be stated

The court can alter the charge or add to the charge at any time before judgement. In case of error either in stating the charge or the particulars about the charge, it will not affect the proceedings, unless the accused was in fact misled by such error or omission, and it has occasioned in a failure of justice.

The Code of Criminal Procedure distinguishes the procedures for trials to be conducted before different courts as under:

1. Trial before a Court of Session(Section 225 to 237)

2. Trial of Warrant case by Magistrate

   1. Cases instituted on a Police Report (Section 238 to 243 )

   2. Cases instituted otherwise than on Police Report (Section 244 to 250)

3. Trial of Summons by Magistrate (Section 251 to 259)

4. Summary Trials (Section 260 to265)

The procedure for different trials as above is broadly the same, except for certain special features in respect of each individual case. Broadly the common features are as under.

When the accused appears before the Court, the prosecutor, who is to conduct the case opens the case by describing the charges brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. If the Judge considers that there is no sufficient ground for proceedings against the accused, the accused is discharged. If however, on consideration, it appears that the accused has committed an offence, the Judge frames charge against the accused that are read over and explained to him.

The accused is then asked whether he pleads guilty of these offences charged or claims to be tried. If the accused pleads guilty, the Judge records the plea and may convict the accused thereon. If however, the accused claims to be tried, the case is listed for prosecution evidence.

If after prosecution evidence and arguments, it appears that there is no evidence that accused committed, the offence, the judge records an order of acquittal. If however, he is not acquitted, the case is listed for defense evidence of the accused.

After evidence of both parties, the prosecutor sums up his case and it is replied by the accused or his pleader. After the accused or his pleader replies, provided that where any point of law is raised by he accused or his pleader the prosecution with the permission of the judge, make its submission with regards to such point of law.

After hearing arguments, the judge gives his judgment in the case. If the accused is convicted, the Judge passes sentence on him in accordance with law.

The aggrieved party may challenge the judgment in higher court.

In respect of Summary Trials described in Chapter XXI, no sentence of imprisonment exceeding 3 months shall be passed.

When a person accused of bailable offence is arrested or detained without warrant by police, he shall be released on bail, on his executing a bond without sureties. (Section 436)

In case of non-bailable offences also the court may grant bail to accused after considering following aspects and satisfying that the granting of bail will not come in the way of conducting the trial against accused without impediments

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• Whether there is or is not reasonable ground for believing that the applicant has committed the offence with which he is charged?

• Nature & gravity of the charge

• The danger of applicant absconding if he is released on bail.

• Likelihood of accused tampering with evidence. (Section 437

As per Section 438 (1) when any person has reason to believe that he may be arrested on an accusation of having to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this Section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. This is subject to provisions under sub Section (2) and (3).

This is only an outline of main topics of the Code in a nutshell. Code of Criminal Procedure was codified by the British and has been applied for criminal enforcement in our country for over a century. Needless to say that this is a comprehensive time-tested procedural legislation. Completely explaining all its 484 provisions is well beyond the scope of this literature. But we have included and covered the salient essentials. Please secure a copy of the Act or refer to the Internet for the same and go through the Act for an exhaustive understanding.