Criminal Law
What this domain tests
The Criminal Law paper tests the Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 in Magistrate and Sessions trials. Expect fact patterns on FIR, investigation, bail, charge, and evidentiary admissibility.
Core rules
- FIR: Section 154 CrPC requires information relating to a cognizable offence to be reduced to writing. Refusal to register is remediable under Section 154(3) and Section 156(3).
- Investigation: Statements to police during investigation are hit by Section 162 CrPC and cannot be used as evidence except for Section 145 Evidence Act contradiction or Section 27 discovery.
- Confession: Section 25 Evidence Act bars a confession to a police officer; Section 26 bars a confession in police custody unless made in the immediate presence of a Magistrate.
- Bail: Section 437 governs Magistrate's bail in non-bailable cases; Section 439 is the High Court or Sessions power. Default bail under Section 167(2) accrues on expiry of the statutory period if no charge sheet is filed.
- Charge: Section 211 CrPC requires the charge to state the offence with date, time, and place so the accused has notice. A defective charge is curable under Section 464 unless it occasioned a failure of justice.
Worked example
Police arrest X for theft and produce him before a Magistrate. On day 61 no charge sheet is filed. Theft is punishable up to three years, so the Section 167(2) period is 60 days. X applies for default bail. The right is indefeasible unless a charge sheet is filed before the application is considered. The Magistrate must grant bail, though conditions may be imposed.
Traps that cost marks
- Treating a Section 161 statement as substantive evidence.
- Ignoring that Section 27 is an exception to Sections 25 and 26.
- Applying Section 438 CrPC to a person already arrested.
- Confusing Section 167 remand with Section 309 adjournment.
- Forgetting Section 197 CrPC sanction for acts in official duty.