Criminal Law and Criminal Procedure
Criminal Law and Criminal Procedure tests substantive offences and the process of investigation, trial and appeal. From 1 July 2024 the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 replaced the IPC, CrPC and Evidence Act. Karnataka exams may use either numbering, so learn concepts and the mapping.
Core
- Cognizable/non-cognizable, bailable/non-bailable and compoundable/non-compoundable offences.
- FIR: information about a cognizable offence; registration starts investigation. A Magistrate may order investigation.
- Arrest and remand: the 24-hour production rule; default bail if investigation is not completed within 60 or 90 days.
- Bail in non-bailable offences: flight risk, tampering, gravity and parity.
- Charge, trial, judgment, appeal and revision; double jeopardy and autrefois acquit/convict.
Worked example
X is arrested for a cognizable offence punishable with seven years. No chargesheet is filed within 60 days. X claims default bail. Reasoning: the 90-day period applies only to offences punishable with death, life imprisonment or imprisonment of 10 years or more. Seven years falls in the 60-day category, so the indefeasible right arises unless a valid chargesheet was filed.
Traps
- Treating an FIR as substantive evidence.
- Confusing investigation with inquiry and trial.
- Missing the difference between a police report and a Magistrate's complaint.
- Overlooking limitation for taking cognizance.