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Criminal Procedure Code: Score Booster for Judiciary Exams 2022

Author : Tanya Kaushal

September 22, 2022

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Reader's Digest: We know what led you here! Curiosity about how to get the best CRPC notes for judiciary exam, isn't it? So, let's take a ride into the score booster session for the Civil Judge Exam 2022. Take a deep breath because this article is gonna be full of many highs and higher highs of the CRPC notes for judiciary. Read till the end to get full insights into the Criminal Procedure Code 1973 notes. Discover the most important CRPC topics for the judiciary exam as suggested by the toppers. Know the important highlights of CrPC, the most expected sections under the Bare Act, and the most commonly asked questions of CrPC subject.

Why Focus on CRPC Notes for Judiciary Exams 2022?

Analyzing the previous year's trends, around 30 questions were asked in the preliminary examination of the Delhi Judiciary. So, the CrPC section holds 15% weightage in the Prelim exam. CrPC holds a major weightage of 40 marks in the Mains paper of the Chhattisgarh Civil Judge exam. Based on an in-depth analysis of the past year's papers for the CRPC questions for judiciary preparation for the MP Civil Judge exam, you can expect about 15 questions for the CrPC section. You can expect around 9-11 questions from the Code of Criminal Procedure in the RJS exam. Therefore, CRPC questions for judiciary preparation can push your rank.

What is Criminal Procedure Code?

The Criminal Procedure Code is the main legislation on the procedure for the administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.

CrPC is most commonly called "Monster provision" or "Monster Code" due to its many chapters. It includes 37 chapters and 484 sections, 2 schedules: one is the category of offense and the other one formats.

Download FREE Study Material for Upcoming Judiciary Exams by Judiciary Gold

In the Judicial Services Examination, there are 15 questions asked by CrPC. The type of questions asked in the Criminal Procedure Code are based on

  • Purpose
  • Authority 
  • Provision or proviso
  • Index 
  • Time or term 
  • Abstract

10 Definitions of CRPC for Judiciary that You Can't Ignore

Study the following from the CRPC notes for judiciary exam 2022. These are the go-to-definition to boost the score of the upcoming judiciary exams. 

  • Bailable Offence - “Bailable offence” means an offence that is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
  • Charge - “Charge” includes any head of the charge when the charge contains more heads than one.
  • Cognizable Offence - “Cognizable offence” means an offence for which, and “cognizable case” means a case in which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without a warrant.
  • Complaint - “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation - A report made by a police officer in a case that discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint, and the police officer by whom such report is made shall be deemed to be the complainant.
  • Inquiry - “Inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
  • Investigation - “Investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate on this behalf.
  • Judicial Proceeding - “Judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath.
  • Local Jurisdiction - “Local jurisdiction,” in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code 1.
  • Non-cognizable Offence - “Non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which a police officer has no authority to arrest without a warrant.
  • Offence - “Offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattletrespass Act, 1871 (1 of 1871).

Insightful CRPC Notes for Judiciary: Constitution of Criminal Courts & Offices (Chapter 2)

If you are looking for the best CRPC notes for judiciary, scroll down.

Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates.

Territorial Divisions

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts: Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

(2) The State Government may alter the limits or the number of such divisions and districts after consultation with the High Court.

(3) The State Government may, after consultation with the High Court, divide any district into subdivisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts, and sub-divisions existing in a State at the commencement of this Code shall be deemed to have been formed under this section.

Court of Session

The State Government shall establish a Court of Session for every sessions division.

(1) Every Court of Session shall be presided over by a Judge and appointed by the High Court.

(2) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.

(3) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(4) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or maybe, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(5) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if in any particular case, the Court of Session believes that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation: For this Code, “appointment” does not include the first appointment, posting, or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit.

Local Jurisdiction of Executive Magistrates

(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Subordination of Executive Magistrates

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate; subject, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

Also Read: Best Books For Judiciary Exams 2022

Insightful CRPC Notes for Judiciary: Power of Courts (Chapter 3)

Chapter 3 of CRPC notes of judiciary is 'Power of Courts.' It includes the following important topics. 

Courts by which Offences are Triable

Subject to the other provisions of this Code,

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by - 

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other Court by which such offence is shown in the First Schedule to be triable.

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by - 

(i) the High Court, or

(ii) any other Court by which such offence is shown in the First Schedule to be triable.

Jurisdiction in the Case of Juveniles

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training, and rehabilitation of youthful offenders.

Sentences which Magistrates May Pass

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years.

(2) The Court of a First Class Magistrate may pass a sentence of imprisonment for a term not exceeding three years, a fine not exceeding 1 [ten thousand rupees], or both.

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year or a fine not exceeding 2 [five thousand rupees], or of both.

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Sentence of Imprisonment in Default of Fine

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term - 

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

Insightful CRPC Notes for Judiciary: Aid to Magistrate & Police (Chapter IVB)

Read the following topics of chapter IVB of CRPC notes of judiciary. It includes powers of superior officers of police, public when to assist Magistrates and police, aid to a person other than a police officer, executing the warrant, and public to give information of certain offences.

Public when to assist Magistrates and police

1) Every person is bound to assist a Magistrate or police officer reasonably demanding his aid -

(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorized to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph, or public property.

2) Aid a person, other than a police officer, executing the warrant

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant if the person to whom the warrant is directed is near at hand and acting in the execution of the warrant.

Public to Give Information About Certain Offences

Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely :-

(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter VI of the said Code); 

(ii) sections 143, 144, 145, 147, and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code);

(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) sections 302, 303 and 304 (that is to say, offences affecting life); 1 [(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);]

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);

(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property); (x) sections 449 and 450 (that is to say, offence of house trespass);

(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house-trespass); and

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes),

35 Must Know Sections of CrPC for Judiciary Exam 2022

Here are a few important sections that every aspirant must add while preparing the criminal procedure code, 1973 notes. Ensure to focus on these more for scoring good marks in the judiciary examination. Visit here to know 100+ questions of CRPC for judiciary exam.

  1. Section 195 – Prosecution for contempt of the lawful authority of public servants, for offences against public justice, and for offences relating to documents given in evidence.
  2. Section 196 – Prosecution for offences against the State and criminal conspiracy to commit such an offense.
  3. Section 198 – Prosecution for offences against marriage.
  4. Section 199 – Prosecution for defamation.
  5. Section 200 to Section 203 – CHAPTER XV, Complaints to Magistrates.
  6. Section 204 – Issue of process.
  7. Section 211 to Section 224 – CHAPTER XVII, The Charge.
  8. Section 225 to Section 237 – CHAPTER XVIII, Trial Before a Court of Session.
  9. Section 238 to Section 250 – CHAPTER XIX, Trial of Warrant Cases by Magistrates.
  10. Section 251 to Section 259 – CHAPTER XX, Trial of Summons Cases by Magistrates.
  11. Section 260 – Power to try summarily.
  12. Section 261 – Summary trial by Magistrate of the second class.
  13. Section 262 – Procedure for summary trials.
  14. Section 265A to Section 265L – CHAPTER XXIA, Plea Bargaining.
  15. Section 300 – Person once convicted or acquitted not to be tried for the same offence.
  16. Section 304 – Legal aid to accused at State expense in certain cases.
  17. Section 307 – Power to direct tender of pardon.
  18. Section 311 – Power to summon material witness or examine person present.
  19. Section 313 – Power to examine the accused.
  20. Section 315 – Accused person to be a competent witness.
  21. Section 320 – Compounding of offenses.
  22. Section 366 – Sentence of death to be submitted by Court of Session for confirmation.
  23. Section 368 – Power of High Court to confirm sentence or annul conviction.
  24. Section 395 – Reference to High Court.
  25. Section 401 – High Court’s powers of revision.
  26. Section 436 – In what cases is bail to be taken.
  27. Section 436A – Maximum period for which an undertrial prisoner can be detained.
  28. Section 437 – When bail may be taken in case of a non-bailable offence.
  29. Section 437A – Bail requires the accused to appear before the next appellate Court.
  30. Section 438 – Direction for grant of bail to person apprehending arrest.
  31. Section 439 – Special powers of High Court or Court of Session regarding bail.
  32. Section 460 – Irregularities that do not vitiate proceedings.
  33. Section 461 – Irregularities which vitiate proceedings.
  34. Section 468 – Bar to taking cognizance after lapse of the period of limitation.
  35. Section 482 – Saving of inherent power of the High Court.

Judiciary Exams

Judiciary Exams

Most Expected CrPC Questions for Judiciary Exam 2022

Preparing the CrPC notes for judiciary exam can be overwhelming if you are a beginner. We have prepared a strategic list of the most critical questions from the Code of Criminal Procedure for the upcoming Judiciary exams 2022.

Here is the list of questions asked in the Judiciary Examinations of various states. Practice them to understand the difficulty level of questions. Don't forget to mark these topics with a red highlight in your CRPC notes for judiciary.

Q1) Define and distinguish between the following:

  1. Bailable and Non-bailable offences [U.P.C.J. 1987, RJS 1975, 1979, HJS, 1999, DJS, 2007, UPJ 2015, 2016]
  2. Cognizable and Non-cognizable offences [U.P.C.J. 1987, 2015, RJS 1979, DJS, 1973, 2007, HJS, 1999]
  3. Inquiry and Trial [U.P.C.J. 1987]
  4. Inquiry and Investigation [U.P.C.J. 1991]
  5. Acquittal and Discharge [U.P.C.J. 1991, HR 2011 UPHJS 20012, DJS, 1989]
  6. Complaint and First Information Report [U.P.C.J. 1991]
  7. Compoundable and Non-compoundable Cases. [D.J.S. 1989]
  8. Summons Case and Warrant Case. [DJS, 1973, DJS, 1989 B& JJS, 1984]

Also Read: Important CrPC Questions for MP Judiciary Preparation 2022

Q2) Write Short Notes on the following topics.

  1. Judicial proceedings [UPJS, 2012]
  2. Police Report [R.J.S. 1976]
  3. Public Prosecutor [R.J.S. 1984]

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judiciary online coaching

Q3) What are the provisions relating to the Public Prosecutors and Assistant Public Prosecutors under the Criminal Procedure Code? Whether a police officer may be appointed as an assistant public prosecutor? [R.J.S. 1986]

Q4) Does an appeal lie where a Magistrate of the 1st class passes only a sentence of fine not exceeding one hundred rupees? [MPHJS 2006, UPHJS 2009, WBJS 2000]

Q5) Is it necessary for the High Court to assign reasons while summarily dismissing an appeal under Section 384, Cr. P.C.? Refer to the relevant case laws on the point.

Q6) What do you mean by `Reference’? Under what circumstances and in which Court reference can be made? [MPHJS 2018]

Q7) Mention the irregularities which do not vitiate proceedings. [DJS 1989, U.P.C.J. 2018]

Q8) A Magistrate not empowered tries an offender summarily. State, with reasons, whether or not the trial is vitiated in this case. [WBJS 1997]

Q9) Trial of an offence is held in the wrong district. State, with reasons, whether or not the trial is vitiated in this case. [WBJS. 1997]

Q10) What do you mean by the object of “Period of limitation”? Discuss the bar to take cognizance after the lapse of the period of limitation. When the period of limitation starts? [JK. J. S., 2011]

Q11) What do you understand by inherent powers of the High Court? When can this power be exercised? [MPJ 2010, MPJ 2009]

Q12) Can a Sessions Judge make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district? Would the Magistrate, in such a case, be deemed to have his jurisdiction to deal with such an application? [WB C.J. 2000]

Frequently Asked Questions

It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.

Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender.
  • Home
  • Criminal Procedure C...

Criminal Procedure Code: Score Booster for Judiciary Exams 2022

Author : Tanya Kaushal

Updated On : September 22, 2022

SHARE

Reader's Digest: We know what led you here! Curiosity about how to get the best CRPC notes for judiciary exam, isn't it? So, let's take a ride into the score booster session for the Civil Judge Exam 2022. Take a deep breath because this article is gonna be full of many highs and higher highs of the CRPC notes for judiciary. Read till the end to get full insights into the Criminal Procedure Code 1973 notes. Discover the most important CRPC topics for the judiciary exam as suggested by the toppers. Know the important highlights of CrPC, the most expected sections under the Bare Act, and the most commonly asked questions of CrPC subject.

Why Focus on CRPC Notes for Judiciary Exams 2022?

Analyzing the previous year's trends, around 30 questions were asked in the preliminary examination of the Delhi Judiciary. So, the CrPC section holds 15% weightage in the Prelim exam. CrPC holds a major weightage of 40 marks in the Mains paper of the Chhattisgarh Civil Judge exam. Based on an in-depth analysis of the past year's papers for the CRPC questions for judiciary preparation for the MP Civil Judge exam, you can expect about 15 questions for the CrPC section. You can expect around 9-11 questions from the Code of Criminal Procedure in the RJS exam. Therefore, CRPC questions for judiciary preparation can push your rank.

What is Criminal Procedure Code?

The Criminal Procedure Code is the main legislation on the procedure for the administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.

CrPC is most commonly called "Monster provision" or "Monster Code" due to its many chapters. It includes 37 chapters and 484 sections, 2 schedules: one is the category of offense and the other one formats.

Download FREE Study Material for Upcoming Judiciary Exams by Judiciary Gold

In the Judicial Services Examination, there are 15 questions asked by CrPC. The type of questions asked in the Criminal Procedure Code are based on

  • Purpose
  • Authority 
  • Provision or proviso
  • Index 
  • Time or term 
  • Abstract

10 Definitions of CRPC for Judiciary that You Can't Ignore

Study the following from the CRPC notes for judiciary exam 2022. These are the go-to-definition to boost the score of the upcoming judiciary exams. 

  • Bailable Offence - “Bailable offence” means an offence that is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
  • Charge - “Charge” includes any head of the charge when the charge contains more heads than one.
  • Cognizable Offence - “Cognizable offence” means an offence for which, and “cognizable case” means a case in which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without a warrant.
  • Complaint - “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation - A report made by a police officer in a case that discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint, and the police officer by whom such report is made shall be deemed to be the complainant.
  • Inquiry - “Inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
  • Investigation - “Investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate on this behalf.
  • Judicial Proceeding - “Judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath.
  • Local Jurisdiction - “Local jurisdiction,” in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code 1.
  • Non-cognizable Offence - “Non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which a police officer has no authority to arrest without a warrant.
  • Offence - “Offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattletrespass Act, 1871 (1 of 1871).

Insightful CRPC Notes for Judiciary: Constitution of Criminal Courts & Offices (Chapter 2)

If you are looking for the best CRPC notes for judiciary, scroll down.

Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates.

Territorial Divisions

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts: Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

(2) The State Government may alter the limits or the number of such divisions and districts after consultation with the High Court.

(3) The State Government may, after consultation with the High Court, divide any district into subdivisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts, and sub-divisions existing in a State at the commencement of this Code shall be deemed to have been formed under this section.

Court of Session

The State Government shall establish a Court of Session for every sessions division.

(1) Every Court of Session shall be presided over by a Judge and appointed by the High Court.

(2) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.

(3) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(4) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or maybe, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(5) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if in any particular case, the Court of Session believes that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation: For this Code, “appointment” does not include the first appointment, posting, or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit.

Local Jurisdiction of Executive Magistrates

(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Subordination of Executive Magistrates

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate; subject, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

Also Read: Best Books For Judiciary Exams 2022

Insightful CRPC Notes for Judiciary: Power of Courts (Chapter 3)

Chapter 3 of CRPC notes of judiciary is 'Power of Courts.' It includes the following important topics. 

Courts by which Offences are Triable

Subject to the other provisions of this Code,

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by - 

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other Court by which such offence is shown in the First Schedule to be triable.

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by - 

(i) the High Court, or

(ii) any other Court by which such offence is shown in the First Schedule to be triable.

Jurisdiction in the Case of Juveniles

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training, and rehabilitation of youthful offenders.

Sentences which Magistrates May Pass

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years.

(2) The Court of a First Class Magistrate may pass a sentence of imprisonment for a term not exceeding three years, a fine not exceeding 1 [ten thousand rupees], or both.

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year or a fine not exceeding 2 [five thousand rupees], or of both.

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Sentence of Imprisonment in Default of Fine

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term - 

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

Insightful CRPC Notes for Judiciary: Aid to Magistrate & Police (Chapter IVB)

Read the following topics of chapter IVB of CRPC notes of judiciary. It includes powers of superior officers of police, public when to assist Magistrates and police, aid to a person other than a police officer, executing the warrant, and public to give information of certain offences.

Public when to assist Magistrates and police

1) Every person is bound to assist a Magistrate or police officer reasonably demanding his aid -

(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorized to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph, or public property.

2) Aid a person, other than a police officer, executing the warrant

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant if the person to whom the warrant is directed is near at hand and acting in the execution of the warrant.

Public to Give Information About Certain Offences

Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely :-

(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter VI of the said Code); 

(ii) sections 143, 144, 145, 147, and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code);

(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) sections 302, 303 and 304 (that is to say, offences affecting life); 1 [(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);]

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);

(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property); (x) sections 449 and 450 (that is to say, offence of house trespass);

(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house-trespass); and

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes),

35 Must Know Sections of CrPC for Judiciary Exam 2022

Here are a few important sections that every aspirant must add while preparing the criminal procedure code, 1973 notes. Ensure to focus on these more for scoring good marks in the judiciary examination. Visit here to know 100+ questions of CRPC for judiciary exam.

  1. Section 195 – Prosecution for contempt of the lawful authority of public servants, for offences against public justice, and for offences relating to documents given in evidence.
  2. Section 196 – Prosecution for offences against the State and criminal conspiracy to commit such an offense.
  3. Section 198 – Prosecution for offences against marriage.
  4. Section 199 – Prosecution for defamation.
  5. Section 200 to Section 203 – CHAPTER XV, Complaints to Magistrates.
  6. Section 204 – Issue of process.
  7. Section 211 to Section 224 – CHAPTER XVII, The Charge.
  8. Section 225 to Section 237 – CHAPTER XVIII, Trial Before a Court of Session.
  9. Section 238 to Section 250 – CHAPTER XIX, Trial of Warrant Cases by Magistrates.
  10. Section 251 to Section 259 – CHAPTER XX, Trial of Summons Cases by Magistrates.
  11. Section 260 – Power to try summarily.
  12. Section 261 – Summary trial by Magistrate of the second class.
  13. Section 262 – Procedure for summary trials.
  14. Section 265A to Section 265L – CHAPTER XXIA, Plea Bargaining.
  15. Section 300 – Person once convicted or acquitted not to be tried for the same offence.
  16. Section 304 – Legal aid to accused at State expense in certain cases.
  17. Section 307 – Power to direct tender of pardon.
  18. Section 311 – Power to summon material witness or examine person present.
  19. Section 313 – Power to examine the accused.
  20. Section 315 – Accused person to be a competent witness.
  21. Section 320 – Compounding of offenses.
  22. Section 366 – Sentence of death to be submitted by Court of Session for confirmation.
  23. Section 368 – Power of High Court to confirm sentence or annul conviction.
  24. Section 395 – Reference to High Court.
  25. Section 401 – High Court’s powers of revision.
  26. Section 436 – In what cases is bail to be taken.
  27. Section 436A – Maximum period for which an undertrial prisoner can be detained.
  28. Section 437 – When bail may be taken in case of a non-bailable offence.
  29. Section 437A – Bail requires the accused to appear before the next appellate Court.
  30. Section 438 – Direction for grant of bail to person apprehending arrest.
  31. Section 439 – Special powers of High Court or Court of Session regarding bail.
  32. Section 460 – Irregularities that do not vitiate proceedings.
  33. Section 461 – Irregularities which vitiate proceedings.
  34. Section 468 – Bar to taking cognizance after lapse of the period of limitation.
  35. Section 482 – Saving of inherent power of the High Court.

Judiciary Exams

Judiciary Exams

Most Expected CrPC Questions for Judiciary Exam 2022

Preparing the CrPC notes for judiciary exam can be overwhelming if you are a beginner. We have prepared a strategic list of the most critical questions from the Code of Criminal Procedure for the upcoming Judiciary exams 2022.

Here is the list of questions asked in the Judiciary Examinations of various states. Practice them to understand the difficulty level of questions. Don't forget to mark these topics with a red highlight in your CRPC notes for judiciary.

Q1) Define and distinguish between the following:

  1. Bailable and Non-bailable offences [U.P.C.J. 1987, RJS 1975, 1979, HJS, 1999, DJS, 2007, UPJ 2015, 2016]
  2. Cognizable and Non-cognizable offences [U.P.C.J. 1987, 2015, RJS 1979, DJS, 1973, 2007, HJS, 1999]
  3. Inquiry and Trial [U.P.C.J. 1987]
  4. Inquiry and Investigation [U.P.C.J. 1991]
  5. Acquittal and Discharge [U.P.C.J. 1991, HR 2011 UPHJS 20012, DJS, 1989]
  6. Complaint and First Information Report [U.P.C.J. 1991]
  7. Compoundable and Non-compoundable Cases. [D.J.S. 1989]
  8. Summons Case and Warrant Case. [DJS, 1973, DJS, 1989 B& JJS, 1984]

Also Read: Important CrPC Questions for MP Judiciary Preparation 2022

Q2) Write Short Notes on the following topics.

  1. Judicial proceedings [UPJS, 2012]
  2. Police Report [R.J.S. 1976]
  3. Public Prosecutor [R.J.S. 1984]

judiciary online coaching

judiciary online coaching

Q3) What are the provisions relating to the Public Prosecutors and Assistant Public Prosecutors under the Criminal Procedure Code? Whether a police officer may be appointed as an assistant public prosecutor? [R.J.S. 1986]

Q4) Does an appeal lie where a Magistrate of the 1st class passes only a sentence of fine not exceeding one hundred rupees? [MPHJS 2006, UPHJS 2009, WBJS 2000]

Q5) Is it necessary for the High Court to assign reasons while summarily dismissing an appeal under Section 384, Cr. P.C.? Refer to the relevant case laws on the point.

Q6) What do you mean by `Reference’? Under what circumstances and in which Court reference can be made? [MPHJS 2018]

Q7) Mention the irregularities which do not vitiate proceedings. [DJS 1989, U.P.C.J. 2018]

Q8) A Magistrate not empowered tries an offender summarily. State, with reasons, whether or not the trial is vitiated in this case. [WBJS 1997]

Q9) Trial of an offence is held in the wrong district. State, with reasons, whether or not the trial is vitiated in this case. [WBJS. 1997]

Q10) What do you mean by the object of “Period of limitation”? Discuss the bar to take cognizance after the lapse of the period of limitation. When the period of limitation starts? [JK. J. S., 2011]

Q11) What do you understand by inherent powers of the High Court? When can this power be exercised? [MPJ 2010, MPJ 2009]

Q12) Can a Sessions Judge make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district? Would the Magistrate, in such a case, be deemed to have his jurisdiction to deal with such an application? [WB C.J. 2000]

Frequently Asked Questions

It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.

Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender.

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