Criminal Law End Sem Notes

CRIMINAL LAW
SYLLABUS FOR END SEMS

(A) Search and Seizure
(B) Examination of Witness
(C) Police Report
(D) Case Diary
(E) Inquest Report
(F) Bail Proceedings
1. Bail is rule and jail is exception’- Bailable and Non-bailable cases
2. Right to statutory bail
3. Anticipatory bail
4. Bail pending appeal
5. Conditions and Cancellation of Bail
(G) Rights of Arrested Person
1. Pre offence arrest
2. Post offence arrest
(H) Right to Legal Aid
1. Pre Trial Stage
2. Trial stage
3. Post-Conviction
(I) Right to Fair Trial
(J) Cognizance
1. Limitation on the power to take cognizance
(K) Issue of Process and Supply of documents
(L) Committal Proceedings
(F) BAIL
a) Object of arrest is to secure his appearance at the time of trial and to ensure that in
case he is found guilty he is available to receive the sentence. If his presence could be
reasonably ensured otherwise than by his arrest and detention, it would be unjust and
unfair to deprive the accused of his liberty during pendency of the criminal
proceedings against him. Thus, the final aim of the arrest is to ensure presence of the
accused at his trial but without unreasonably and unjustifiably interfering with his
liberty.
b) The Law of Bails has to dovetail two conflicting demands, on one hand, the
requirements of the society for being shielded from the hazards of being exposed to
the misadventures of a person alleged to have committed a crime and on the other
hand, the fundamental canon of criminal jurisprudence vis. The presumption of
innocence of an accused till he is found guilty.
 Where arrested person if released on bail is likely to affect the trial process by
destroying or tampering evidence or comm more crimes- Improper to release
such a person on bail.
 Where there is no such risk involved in release of arrested person- Cruel and
Unjust to deny him bail.
c) Bail- Security for the appearance of the accused person on giving which he is released
pending trial or investigation. It is to procure the release of a person from legal
custody, by undertaking that he shall appear at the time and place designated and
submit himself to the jurisdiction and judgement of the court. Bail covers both release
on one’s own bond, with or without sureties.
d) Bailable and Non- Bailable offences
 Section 2(a)- Bailable offence means an offence which is shown as Bailable
in the First Schedule, or which is made bailable by any other law for the
time being in force; Non-Bailable offence means any other offence.
 All serious offences which are punishable with imprisonment for three years
or more, have been considered as non-bailable offences. This general rule
applies to even new penal laws, however, this general rule can be modified
according to specific needs by making a special provision in the law and
declaring a particular offence as bailable and non-bailable.
 If a person accused of a bailable offence is arrested or detained, he has right to
bail but if offence is non-bailable, he may still be released on bail but bail is
not a matter of right but privilege which is granted at the discretion of the
court.
e) Circumstances in which release on bail is imperative
1) Section 436- Bail in case of Bailable offences

 In what cases bail to be taken.
(1) When any person other than a person accused of a non- bailable offence is arrested or detained
without warrant by an officer in charge of a police station, or appears or is brought before a Court,
and is prepared at any time while in the custody of such officer or at any stage of the proceeding
before such Court to give bail, such person shall be released on bail: Provided that such officer
or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on
his executing a bond without sureties for his appearance as hereinafter provided: Provided
further that nothing in this section shall be deemed to affect the provisions of sub- section (3) of
section 116 or section 446A 1 .
[--- Sub sec 1 holds that if an individual who has committed a bailable offence is prepared to
give bail, such a person is to be released on bail and further, if the officer or court thinks it fit, may
discharge a person by executing his bond without sureties for his appearance and this shall be done if
such a person is indigent and unable to furnish surety---]
(2) Notwithstanding anything contained in sub- section (1), where a person has failed to comply with
the conditions of the bail- bond as regards the time and place of attendance, the Court may refuse
to release him on bail, when on a subsequent occasion in the same case he appears before the
Court or is brought in custody and any such refusal shall be without prejudice to the powers of the
Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
[--- When an individual fails to comply with conditions of the bail- The court may refuse to relese
on bail and must pay the penalty on the subsequent day of appearance---]
 Further, it is obligatory for a police officer arresting a person without a warrant to

inform the person of his right to bail and the moment, the bail is presented by the
person, he is to be released immediately. It is open to the officer or the court to
discharge such person on executing his bond instead of taking a bail from him. The
surrender and physical presence of the accused with submission to the jurisdiction and
orders of the court is judicial custody and the accused may be granted bail and
released from such custody.
f) G
g) G
h) G
i)

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CRIMINAL LAW

SYLLABUS FOR END SEMS

e) Circumstances in which release on bail is imperative

1) Section 436- Bail in case of Bailable offences

 Further, it is obligatory for a police officer arresting a person without a warrant to

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