Criminal Procedure Code Notes for Judiciary Exams 2023

Reader's Digest: How to get the best CRPC notes for judiciary exam? Look no further! Prepare to ace your exams with comprehensive CRPC notes tailored for aspiring judges. In this blog, we'll delve into the importance of CRPC notes for judiciary exams and how they can be your secret weapon for success.

Are you preparing for the upcoming Judiciary Exams in 2023? If so, you must know the importance of the Criminal Procedure Code 1973 notes for your exam preparation.

CrPC notes serve as a comprehensive guide that helps you understand the procedural aspects of criminal law in India. They cover the provisions, key concepts and important highlights of CrPC, which is a crucial part of the judiciary exam syllabus.

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 from the most commonly asked questions of CrPC subject. 

You can expect 9-11 questions from the most expected sections under the Bare Act of CrPC in the RJS exam. Therefore, CRPC questions for judiciary preparation can push your rank.

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When it comes to preparing CrPC notes for the judiciary exam, it is essential to focus on the most important CrPC topics, as suggested by the toppers. These topics usually include:

1. Arrest and Bail: Understanding the provisions related to arrest, types of bail, and the criteria for granting bail is crucial.
2. Investigation and Chargesheets: Knowing the investigation process, filing of chargesheets, and the rights of the accused during this stage is vital.
3. Trial Procedure: Familiarizing yourself with the various stages of a criminal trial, including framing of charges, examination of witnesses, and recording of evidence, is essential.
4. Sentencing and Appeals: Understanding the factors considered during sentencing and the procedure for filing appeals is significant.
5. Special Provisions: Paying attention to special provisions under the CrPC, such as the rights of the accused, the role of the public prosecutor, and the powers of the police, is crucial.

What is Criminal Procedure Code?

The Criminal Procedure Code is the main legislation on the procedure for administering 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 offence and the other one formats.

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

• 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 2023. These are the go-to-definition to boost the score in the upcoming judiciary exams. 

• Bailable Offence - “Bailable offence” means an offence shown as bailable in the First Schedule or 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” 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 collecting evidence conducted by a police officer or any person (other than a Magistrate) who a Magistrate authorizes 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 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 session division may also be appointed by the High Court to be an Additional Sessions Judge of another division. 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 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 occasionally make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and the allocation of business to an Additional District Magistrate.

Also Read: Best Books For Judiciary Exams 2023

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 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, the public when to assist Magistrates and police, aid to a person other than a police officer, executing the warrant, and the public to give information about 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:-

Sections	Offences
121 to 126, 130	Offences against the State
143, 144, 145, 147, 148	Offences against public tranquillity
161 to 165A	Offences relating to illegal gratification
272 to 278	Offences relating to adulteration of food and drugs, etc.
302, 303, 304, 364A	Offences affecting life
382	Theft after preparation for causing death, hurt or restraint
392 to 399, 402	Offences of robbery and dacoity
409	Criminal breach of trust by a public servant, etc.
431, 439	Offences of mischief against property
449, 450	House trespass
456 to 460	Offences of lurking house-trespass
489A to 489E	Offences relating to currency notes and banknotes

35 Must Know Sections of CrPC for Judiciary Exam 2023

Every aspirant must add a few important sections 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 learn 100+ questions of CRPC for judiciary exam.

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

Most Expected CrPC Questions for Judiciary Exam 2023

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 2023.

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 203

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]

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 the 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? In such a case, would the Magistrate be deemed to have his jurisdiction to deal with such an application? [WB C.J. 2000]

Conclusion

In conclusion, Criminal Procedure Code (CrPC) notes for Judiciary Exams 2023 are an invaluable resource for aspiring candidates. These notes serve as a comprehensive guide, covering the essential provisions and concepts outlined in the Criminal Procedure Code of 1973.

By focusing on the most important topics suggested by the toppers, candidates can enhance their understanding of the procedural aspects of criminal law. Key takeaways from CrPC notes include:

• Understanding arrest, bail, and investigation processes.
• Familiarity with trial procedures and sentencing principles.
• Knowledge of special provisions and the rights of the accused.
• Highlighting crucial sections under the Bare Act for thorough preparation.

By diligently studying and reviewing these notes, candidates can strengthen their grasp of CrPC and increase their chances of success in the upcoming Judiciary Exams 2023.