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IPC & Cr.PCIPC & Cr.PC
Shankar Bose
Inspector of Income-tax
MSTU, Puri
22
 IIndian Penal Code (IPC)ndian Penal Code (IPC)
 CCode of Criminal Procedure (CrPC)ode of Criminal Procedure (CrPC)
Punishment of offences committed
within India-Section 2
 Every person shall be punishable for
punishment under this Code for every act
of omission / commission contrary to the
provisions thereof, of which he shall be
guilty within India
Lists out offences which are
punishable---
 Kidnapping – S.359
 Abduction – S.362
 Theft – S.378
 House Breaking – S.445
 Punishment – S. 453
Non-attendance in obedience to an
order from public servant – S. 174
 Whoever being legally bound to attend in person
or by an agent at a certain place and time in
obedience to a summons, notice order – from
any public servant legally competent to issue the
same – intentionally omits to attend at that place
of time, or departs from the place where he is
bound to attend before the time at which it is
lawful for him to depart- shall be punished with
simple imprisonment - 1 month - fine
Omission to produce documents /
electronic record before public servant by
person legally bound to produce it – S.175
 Whoever is legally bound to produce or
deliver up any document to public servant
intentionally omits to produce or deliver up
the same – punishment – simple
imprisonment - fine
Public Servant – S.21
 The words ‘public servant’ denote a
person falling under any of the
descriptions following:
 Commission Officer
 Judge
 Every officer of the Court
 Every person holding any office ------
Document-S.29
 The word document denotes any matter
expressed or described upon any
substance by means of letters , figures or
marks, or by more than one of these
means, intended to be used in evidence of
that matter.
Reason to believe – Section 26
 A person is said to have reason to believe
a thing, if he has sufficient cause to
believe that thing but not otherwise.
Good Faith-S.52
 Nothing is said to be done or believed in
good faith, which is done or believed
without due care and attention
Reason to Believe – S.26
 A person is said to have reason to believe
a thing, if he has sufficient cause to
believe that but nothing otherwise.
1212
……Salient Points…Salient Points…
 ‘‘Illegal’ / ‘Legally bound to do’:Illegal’ / ‘Legally bound to do’: TheThe
word ‘illegal’ is applicable to everythingword ‘illegal’ is applicable to everything
which is an offence or which is prohibitedwhich is an offence or which is prohibited
by law, or which furnishes ground for aby law, or which furnishes ground for a
civil action; and a person is legally boundcivil action; and a person is legally bound
to do’ whatever is illegal in him to omit.to do’ whatever is illegal in him to omit.
Oath-S.51
 The word oath includes a solemn
affirmation substituted by law for an oath
and any declaration required or authorized
by law to be made before a public servant
or to be used for the purpose of proof,
whether in a court of justice or not.
1414
Chapter XVIII: Offences relating toChapter XVIII: Offences relating to
documents and to property marksdocuments and to property marks
Section 4 of Cr. PC
 All offences under the IPC shall be
investigated, inquired into, tried and
otherwise dealt with, in accordance with
the provisions hereinafter contained---
Classes of Criminal Courts-S.6
 Besides High Courts and Courts
constituted under the law—following
classes of criminal courts—
 Courts of Session
 JM-1st
Class – Metropolitan Magistrate
 JM-IInd Class
 Executive Magistrate
Public Prosecutor-S.24
Section 54
 Examination of arrested person by a
medical practitioner at the request of the
arrested person
Parties may examine witness –
S.287
Compounding of offences – S.320
Appeal-S.341
Cognizance of offences by
magistrate - S.190
2323
Chapter VChapter V
 Search of place entered by person soughtSearch of place entered by person sought
to be arrestedto be arrested
2424
Chapter VIIChapter VII
 Processes to compel the production ofProcesses to compel the production of
thingsthings
 Persons in charge of closed place to allowPersons in charge of closed place to allow
searchsearch
2525
 Whenever any place is liable to search orWhenever any place is liable to search or
inspection under this Chapter is closed,inspection under this Chapter is closed,
any person residing in, or being in chargeany person residing in, or being in charge
of, such place, shall, on demand of theof, such place, shall, on demand of the
officer or other person executing theofficer or other person executing the
warrant, allow him free ingress thereto,warrant, allow him free ingress thereto,
and afford all reasonable facilities for aand afford all reasonable facilities for a
search therein.search therein.
2626
 If ingress into such place cannot be obtained,If ingress into such place cannot be obtained,
the officer or other person executing the warrantthe officer or other person executing the warrant
may proceed in the manner provided by sub-may proceed in the manner provided by sub-
section (2) of section 47 of this Code.section (2) of section 47 of this Code.
 Before making a search under this Chapter, theBefore making a search under this Chapter, the
officer or other persons about to make it shallofficer or other persons about to make it shall
call upon to or more independent andcall upon to or more independent and
respectable inhabitants of the locality in whichrespectable inhabitants of the locality in which
the place to be searched is situate or of anythe place to be searched is situate or of any
other locality if no such inhabitant of the localityother locality if no such inhabitant of the locality
is available or is willing to be a witness to theis available or is willing to be a witness to the
search to attend and witness the search andsearch to attend and witness the search and
may issue an order in writing to them or any ofmay issue an order in writing to them or any of
them so to do.them so to do.
2727
 The search shall be made in theirThe search shall be made in their
presence, and a list of all things seized inpresence, and a list of all things seized in
the course of such search and of thethe course of such search and of the
places in which they are respectivelyplaces in which they are respectively
found shall be prepared by such officer orfound shall be prepared by such officer or
other person and signed by suchother person and signed by such
witnesses; but no person witnessing awitnesses; but no person witnessing a
search under this section shall be requiredsearch under this section shall be required
to attend the Court as a witness of theto attend the Court as a witness of the
search unless specially summoned by it.search unless specially summoned by it.
2828
 The occupant of the place searched, orThe occupant of the place searched, or
some person in his behalf, shall, in everysome person in his behalf, shall, in every
instance, be permitted to attend during theinstance, be permitted to attend during the
search, and a copy of the list preparedsearch, and a copy of the list prepared
under this section, signed by the saidunder this section, signed by the said
witnesses, shall be delivered to suchwitnesses, shall be delivered to such
occupant or person.occupant or person.
2929
 Any person who, without reasonableAny person who, without reasonable
cause, refuses or neglects to attend andcause, refuses or neglects to attend and
witness a search under this section, whenwitness a search under this section, when
called upon to do so by an order in writingcalled upon to do so by an order in writing
delivered or tendered to him, shall bedelivered or tendered to him, shall be
deemed to have committed an offencedeemed to have committed an offence
under section 187 of the Indian Penalunder section 187 of the Indian Penal
Code (45 of 1860)Code (45 of 1860)2929
3030
 Section 131Section 131
 Section 282Section 282
Res Judicata – S.11
 No court shall try any issue in which the
matter directly and substantially in issue
has been similarly placed in a former suit
between the same parties
Arrest & Detention – S.55
Detention & Release – S.58
3434

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Code of criminal procedure (2)

  • 1. 11 IPC & Cr.PCIPC & Cr.PC Shankar Bose Inspector of Income-tax MSTU, Puri
  • 2. 22  IIndian Penal Code (IPC)ndian Penal Code (IPC)  CCode of Criminal Procedure (CrPC)ode of Criminal Procedure (CrPC)
  • 3. Punishment of offences committed within India-Section 2  Every person shall be punishable for punishment under this Code for every act of omission / commission contrary to the provisions thereof, of which he shall be guilty within India
  • 4. Lists out offences which are punishable---  Kidnapping – S.359  Abduction – S.362  Theft – S.378  House Breaking – S.445  Punishment – S. 453
  • 5. Non-attendance in obedience to an order from public servant – S. 174  Whoever being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice order – from any public servant legally competent to issue the same – intentionally omits to attend at that place of time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart- shall be punished with simple imprisonment - 1 month - fine
  • 6. Omission to produce documents / electronic record before public servant by person legally bound to produce it – S.175  Whoever is legally bound to produce or deliver up any document to public servant intentionally omits to produce or deliver up the same – punishment – simple imprisonment - fine
  • 7. Public Servant – S.21  The words ‘public servant’ denote a person falling under any of the descriptions following:  Commission Officer  Judge  Every officer of the Court  Every person holding any office ------
  • 8. Document-S.29  The word document denotes any matter expressed or described upon any substance by means of letters , figures or marks, or by more than one of these means, intended to be used in evidence of that matter.
  • 9. Reason to believe – Section 26  A person is said to have reason to believe a thing, if he has sufficient cause to believe that thing but not otherwise.
  • 10. Good Faith-S.52  Nothing is said to be done or believed in good faith, which is done or believed without due care and attention
  • 11. Reason to Believe – S.26  A person is said to have reason to believe a thing, if he has sufficient cause to believe that but nothing otherwise.
  • 12. 1212 ……Salient Points…Salient Points…  ‘‘Illegal’ / ‘Legally bound to do’:Illegal’ / ‘Legally bound to do’: TheThe word ‘illegal’ is applicable to everythingword ‘illegal’ is applicable to everything which is an offence or which is prohibitedwhich is an offence or which is prohibited by law, or which furnishes ground for aby law, or which furnishes ground for a civil action; and a person is legally boundcivil action; and a person is legally bound to do’ whatever is illegal in him to omit.to do’ whatever is illegal in him to omit.
  • 13. Oath-S.51  The word oath includes a solemn affirmation substituted by law for an oath and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a court of justice or not.
  • 14. 1414 Chapter XVIII: Offences relating toChapter XVIII: Offences relating to documents and to property marksdocuments and to property marks
  • 15. Section 4 of Cr. PC  All offences under the IPC shall be investigated, inquired into, tried and otherwise dealt with, in accordance with the provisions hereinafter contained---
  • 16. Classes of Criminal Courts-S.6  Besides High Courts and Courts constituted under the law—following classes of criminal courts—  Courts of Session  JM-1st Class – Metropolitan Magistrate  JM-IInd Class  Executive Magistrate
  • 18. Section 54  Examination of arrested person by a medical practitioner at the request of the arrested person
  • 19. Parties may examine witness – S.287
  • 22. Cognizance of offences by magistrate - S.190
  • 23. 2323 Chapter VChapter V  Search of place entered by person soughtSearch of place entered by person sought to be arrestedto be arrested
  • 24. 2424 Chapter VIIChapter VII  Processes to compel the production ofProcesses to compel the production of thingsthings  Persons in charge of closed place to allowPersons in charge of closed place to allow searchsearch
  • 25. 2525  Whenever any place is liable to search orWhenever any place is liable to search or inspection under this Chapter is closed,inspection under this Chapter is closed, any person residing in, or being in chargeany person residing in, or being in charge of, such place, shall, on demand of theof, such place, shall, on demand of the officer or other person executing theofficer or other person executing the warrant, allow him free ingress thereto,warrant, allow him free ingress thereto, and afford all reasonable facilities for aand afford all reasonable facilities for a search therein.search therein.
  • 26. 2626  If ingress into such place cannot be obtained,If ingress into such place cannot be obtained, the officer or other person executing the warrantthe officer or other person executing the warrant may proceed in the manner provided by sub-may proceed in the manner provided by sub- section (2) of section 47 of this Code.section (2) of section 47 of this Code.  Before making a search under this Chapter, theBefore making a search under this Chapter, the officer or other persons about to make it shallofficer or other persons about to make it shall call upon to or more independent andcall upon to or more independent and respectable inhabitants of the locality in whichrespectable inhabitants of the locality in which the place to be searched is situate or of anythe place to be searched is situate or of any other locality if no such inhabitant of the localityother locality if no such inhabitant of the locality is available or is willing to be a witness to theis available or is willing to be a witness to the search to attend and witness the search andsearch to attend and witness the search and may issue an order in writing to them or any ofmay issue an order in writing to them or any of them so to do.them so to do.
  • 27. 2727  The search shall be made in theirThe search shall be made in their presence, and a list of all things seized inpresence, and a list of all things seized in the course of such search and of thethe course of such search and of the places in which they are respectivelyplaces in which they are respectively found shall be prepared by such officer orfound shall be prepared by such officer or other person and signed by suchother person and signed by such witnesses; but no person witnessing awitnesses; but no person witnessing a search under this section shall be requiredsearch under this section shall be required to attend the Court as a witness of theto attend the Court as a witness of the search unless specially summoned by it.search unless specially summoned by it.
  • 28. 2828  The occupant of the place searched, orThe occupant of the place searched, or some person in his behalf, shall, in everysome person in his behalf, shall, in every instance, be permitted to attend during theinstance, be permitted to attend during the search, and a copy of the list preparedsearch, and a copy of the list prepared under this section, signed by the saidunder this section, signed by the said witnesses, shall be delivered to suchwitnesses, shall be delivered to such occupant or person.occupant or person.
  • 29. 2929  Any person who, without reasonableAny person who, without reasonable cause, refuses or neglects to attend andcause, refuses or neglects to attend and witness a search under this section, whenwitness a search under this section, when called upon to do so by an order in writingcalled upon to do so by an order in writing delivered or tendered to him, shall bedelivered or tendered to him, shall be deemed to have committed an offencedeemed to have committed an offence under section 187 of the Indian Penalunder section 187 of the Indian Penal Code (45 of 1860)Code (45 of 1860)2929
  • 30. 3030  Section 131Section 131  Section 282Section 282
  • 31. Res Judicata – S.11  No court shall try any issue in which the matter directly and substantially in issue has been similarly placed in a former suit between the same parties
  • 32. Arrest & Detention – S.55
  • 34. 3434