Criminal Procedure - Investigation, Trial, Bail, Trial Courts, Appeals and Revision
Two vocabularies
Learn the Code of Criminal Procedure, 1973 provisions and note the corresponding Bharatiya Nagarik Suraksha Sanhita, 2023 sections, since numbering has shifted while the concepts remain the same.
Investigation
FIR under Section 154; Section 156 empowers police investigation; Section 157 requires report to the Magistrate. Statements to police under Section 161 are not substantive evidence - Section 162 permits use only for contradiction as laid down in Section 145 of the Evidence Act. Confession to police is barred by Section 25 of the Evidence Act; Section 27 admits only the discovery portion, and only so much as is distinctly proved. Remand under Section 167: accused must be produced within 24 hours; police custody is limited to the first 15 days; the charge-sheet must follow within 60 or 90 days, failing which default bail follows.
Trial
Cognizance under Section 190; charge under Sections 211 to 224; summons case trial under Section 251, warrant case under Section 238, sessions trial under Sections 225 to 237, summary trial under Section 260. Section 265 provides plea bargaining.
Bail
Section 436 bailable; Section 437 non-bailable discretion with restrictions; Section 439 special powers of High Court and Sessions; Section 438 anticipatory bail; Section 439(2) cancellation.
Appeals and revision
Section 374 appeals; Section 386 powers of appellate court; Section 397 revision; Section 482 inherent powers, now Section 528 of the Sanhita.
Trap
A revisional court cannot convert an acquittal into a conviction - that requires an appeal.