1. If the offence is of cognizable in nature than the Police must register the FIR under section 154 of CrPC. A Police officer shall register the FIR of a cognizable offence on the written or oral information of the offence given to him. The FIR can registar on the information given by the victim himself/herself or by any any other person having the knowledge of incident. Whether the complaint is given in writting or reduce to writing by the Police officer it shall be signed by the person giving it.

If the police officer incharged refused to register the FIR (First Information Report), the aggrived person may send such information in writting or by post to the concerned Supritendent of Police, by satisfiying himself that the information is of cognizable in nature, he shall either investigate himself or direct the to the subordinate police office to investigate the matter. The FIR is the first step of the criminal case which contains of the information related to the incident.

1. If the police refuses to registre the FIR in cognizable case:

If the police fails or refuse to registar the FIR under 154 in a cognizable offence then the aggrieved has a right to moved before the Magistrate under section 156 (3) for the registration of FIR in congnizable offence. While satisflying himself the concern Magistrate who is empowered under section 190, shall direct the Police to investigate the matter and registar the FIR. The section under 156 (3) can also be excerised by even after filing of the report under section 173.

1. In case, if a complaint is received by the Magistrate, the power to take cognizance on the basis of such complaint is under Section 190 of Cr.P.C. However, further action on such complaint has to be taken under Sections 200-204 of Cr.P.C. Under Section 200 Cr.P.C., the Magistrate is required to record the statement of the complainant on oath, and also of other witnesses, if present. The objective sought to be achieved by Section 200 is that a large number of complaints are filed by private individuals, many of which may be frivolous complaints. Therefore, it is considered necessary to verify the details of such complaints by examining the complainant on oath under Section 200 of Cr.P.C. In certain “complaint” cases, action may have to be taken by the magistrate under the provisions of Section 202 Cr.P.C., i.e., an inquiry by the magistrate himself or an investigation by police, etc. After these steps, if the magistrate does not find sufficient ground to proceed further, he may dismiss the complaint under Section 203 of Cr.P.C.; on the other hand, if he finds sufficient ground to proceed or satisfied himself, he may issue process under Section 204 of Cr.P.C.

In non-cognizable offences, no police officer shall power to investigate the matter without the prior order of the Magistrate. But in case, where their are more then one section is involved and if any of section is of cognizable in nature then the case must be treated as cognizable case and the FIR must be registered by the police. Police office shall not arrest  a person in non-cognizable offence under the specific order of the warrant against that person by the concern Magistrate.

Hence the cognizance can be taken by three ways as discribe below:

1. When the chargesheet is filed by the Police under 173 in case of FIR, the Magistrate will frame the charges and take the cognizance.
2. Through filing of Complaint under section 190, 200 CrPC by the complainant himself, the Magistrate shall take the cognizance on the bases of statement recorded of the complainant on oath.
3. On Magistrate’s own knowledge or informations recieved by the person any person other than police.

   Assistance in Investigation

   Investigation means the procedure to collect all the evidence for the purpose of trial by the police office and or any other person authorized by the Magistrate.
   It is to be noted that in congnizable cases the police has the power under section 156(1) CrPC to investigate the matter in its jurisdiction without taking permission of the court of its Jusrisdictions. But in non-cognizabkle cases the police must take the permission from the Magistrate or Magistrate may himself direct the police to investigate into the matter.
   There are some essential steps for the investigation:

   1. As soon as the information of incident received by the police, the Investigating officer (IO) should reach on the spot (where the crime commites) and to do inquiry of the offence.
   2. If the police/ IO founds that offence is of cognizable in nature, they immediately start the inevestigation and prepare the site plan where the offence committed.
   3. Police can also arrest the suspected person if he found it necceasry for the purpose of investigation.
   4. Search & seizure of the martrials related to the offence and must the seizure items for the examination (Forensic examination).
   5. The IO may summon, examine and record the statements of the wittness who are eyewitness or well acquainted with offence.
   6. The IO should be impartial in the investiogation and should investigate all the aspects.
   7. The IO must enter all the steps or proceeding taken by him at the time of investigation in General Diary.
   8. The IO must collect the sufficent evidence against the accused person, he should not implicate any person as accused without sufficient evidence against him.
   9. The main purpose of the investigation and duty of the IO is to bring the truth in front of court. The investigation doesnot means strengthen or bolster up the case of prosecution. The IO should investigate the matter without being bias.
   10. In case any person is arrested by the police office, within 24 Hrs he must be presented before the nearest Magistrate whether he has Jurisdiction or not. If the Investigating Officer belives that the investigation will not be completed within 24 Hrs, IO may request to the Magistrate for the further detention of the suspected or arrested person time to time.
   11. The Magistrate may not allow or exceed the dentention or custody of the accused person more then 15 days at a stretch. If the Magistrate belives that there is no requirement for the custody of the accused, he may also disallow the request of the IO for the further custody of the accused.
   12. The Magistrate may also allow the dentention of the accused person not more than 90 days under provison of 167 in case offence where the punisment is not less than 10 years, life imprisonment and death.
   13. In the other offences the time period is not more tha 60 days.
   14. If the investigation is not completed in prescribed time period the accused has right or entited to release on bail.

   Examination of witnesses under section 164 before the Magistrate:
   The Magistrate is empowered under section 164 to record the confession or  statement of the witness under section 164. It is duty of the Magistrate to inform the person that he is bound to make any confession or statement, he may also refuse not to make any confession.
   The Magistrate should also inform the witness that if he make any confession that would be used against him as a evidence.
   But as per the amendement and intertion of section 164 (5A) CrPC, in the heinous offence specially the crime against women the Magistrate is duty bound to record the statement of the victim.
   The Investigating Officer shall as far as possible take the victim to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate.
   The Investigating Officer shall record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate as a for the statement of the prosecutrix.

   As per the amendment in 2008 new provision inserted 173 (1A) which states that in cases of offence related to rape of child investigation may be completed within the period of 3 months under the said provision.

   After all the stages and completion of investigation, the Police has to file, u/s 173, their Final Report before the Magistrate, which is in turn the conclusion of the investigation and the evidence collected by the Investigation Agency. If the Police Authorities, after investigation find that there is deficient evidence against the accused, it may file a report u/s 169 of Cr.P.C and release the accused on executing a Bond and undertaking for appearing as and when required before the Magistrate empowered to take cognizance.
   The final Report will be of two kinds-

   1. Closer Report: If the IO satisfied that no case is made out or no sufficient evidence is found against the alleged crime then closer report is submitted by the IO before the concern Magistrate.

   The Magistrate is not bound to accept the Closer report, if the Magistrate is not satisfied from the investigation and closer report, he may further direct the IO to investigate the matter.

   In matter “Union of India Vs. Prakash P. Hinduja, AIR 2003 SC 2613” supreme court held that the if the Magistrate feels that the evidences and martrial collected during investigation justifies prosecution of the accused, he may not accept the final report and take cognizance of the offences and summon the accused.

   1. Charge Sheet /Final Report: It files under under 173 It contains elements of the offence in a prescribed form, and it also contains the complete investigation of the Police authorities and the charges slapped against the accused. It includes the facts in brief, the copy of the FIR, all the statements recorded u/s 161, 164, list of witnesses, list of seizure and other documental evidence collected by the investigation agency during the investigation. On filing of the Charge sheet, the magistrate may issue summons/warrant to the accused named in the charge sheet and direct him to appear before him, on the date he so directs and take the cognizance.

   This part ends the Course of Investigation and the part of Trial starts. The police authorities have to hand over the case to the Prosecutor/Special Prosecutor and act has per his instructions during the course of Trial.
   The investigating office may if requires further investigate the matter even after filling of the charge-sheet and submit the supplementary charge-sheet under section 173(8)
   If the Magistrate is not satisfied from the closer report/chargesheet he may order the investigating officer for futher investigation while excising his power under section 173.

   Further Investigation or Re-investigation
   If the new facts come into the knoweldge of Investigating officer, he may request from the Magistrate to further investigate the matter under section 173(8) CrPC. No Magistrate is empowred to order the futher investigation after taking cognizance unless the specified application filed by the Investigating Office.

   Anticipatory Bail

   Anticipatory bail is a pre-arrest legal process. If a person has apprehension of arrest for a non-bailable offence, he may invoke Anticipatory Bail under section 438 of CrPC. The word Anticipatory is no where define in the CrPC or any other code. Having the apprehension of arrest the person can get the bail before the arrest under section 483. The fundament difference between the regular bail and bail under 438 is that the former is granted only after arrest but the latter is granted before arrest and hence is operative from the moment of arrest.
   Any person has a reason to believe that he may be arrested in non-bailable offence, he may apply before Session Court or in High Court that he shall be protected from the arrest and released on bail if he may be arrested.
   The court may consider the following factor while allowing the anticipatory bail:

   1. Whether he has any criminal antecedents or criminal history,
   2. Nature of the offence and its gravity,
   3. The possibility or chance of the applicant to flee from justice,
   4. Where the accusation has been made with object injuring or humiliating the applicant by having him so arrested.

   The provision under section 438 of CrPC is only invoked or applicable when any person has an apprehension of arrest without warrant in cognizable offence.
   It is given in those circumstances when the court believes that there is a possibility that the accused has been falsely implicated and that his freedom will not hamper the investigation of the crime. The bail granted under section 438 may be cancelled at any time if the investigation is hampered or if a condition under the order is violated by the arrested person.

   Recourse after the granting of anticipatory bail:
   The order of anticipatory bail is misused by the applicant. It is generally believed that if anticipatory bail is granted, the applicant will misuse his liberty and will not be available for his trial or will try to tamper with the evidence or will threaten the witnesses, so on and so forth. The recourse regarding such situation is provided by in CrPC itself i.e. the remedy of filing an application for cancellation of bail, granted to the accused. It’s not like there is nothing that prosecution or complainant can do in case anticipatory bail is misused by the accused. In fact section 439(2) in its clear terms stipulates that a High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody. This provision clearly and categorically stipulates that High Court or Court of Session have the power to commit any person, released on bail, to the custody again.

   Here are some Landmark Judgments:

   1. Balchand Jain Vs. State of M.P.,

   As observed in `anticipatory bail’ means `bail in anticipation of arrest’. The expression `anticipatory bail’ is a misnomer inasmuch as it is not as if bail is presently granted by the Court in anticipation of arrest. When a competent court grants `anticipatory bail’, it makes an order that in the event of arrest, a person shall be released on bail. There is no question of release on bail unless a person is arrested and, therefore, it is only on arrest that the order granting anticipatory bail becomes operative.

   Here is one important point to be kept in mind with regard to anticipatory bail:

   The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest   founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

   Siddharam Satlingappa Mhetre v. State of Maharastra [(2011) 1 SCC 694] held several guidelines including the following:-
   “113. Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record”.
   “116. Personal liberty is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

   In Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 273], judgment was preferred out from the appeal filed by the husband who had an apprehension to arrest under section 498 A of IPC and section 4 of the Dowry Prohibition Act. While dealing with the case, the Court thought it fit to record the rampant abuse of  498-A  of the Indian Penal Code, 1860 .
   The court while dealing with the case also observed and recorded that the recently in our society in matrimonial disputes section 498-A of IPC is misusing by the wife and her family members to harass. The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride among-st the provisions that are used as weapons rather than shield by disgruntled wives.  The simplest way to harass is  to get the husband and his relatives  arrested  under  this  provision.  In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. While observing this, court issued certain guidelines/directions. The Notice of appearance in section 41A of CRPC be served within 2 weeks from the date of institution of the case in such type of case when  an  accused  is  produced  before  the Magistrate,  the police officer effecting the arrest is required to  furnish to the Magistrate, the facts, reasons and its  conclusions  for  arrest  and the Magistrate in turn is to  be  satisfied  that  condition  precedent  for arrest under Section 41 Cr.PC has been satisfied and it is  only  thereafter that he will authorise the detention of an accused.

   Hence Anticipatory bail is the provision under 438 concern with personal liberty. If person has an apprehension to get arrested in non-bailable offence he can file anticipatory bail by satisfying court that he is innocent and will join the investigation and cooperate with IO of the case.

   Arrest & Regular Bail

   The term ‘arrest’ means apprehending of a person by legal authority so as to cause deprivation of liberty.
   “Arrest” means “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty, the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.”
   Basically Arrest means to restrained and detained from his personal liberty by lawful authority. The Purpose of arrest is to produce the accused or suspected person before the court if he committed a crime or suspected and to prevent him from continuing the offence.Power to Arrest
   Arrest can be made by a police officer, magistrate or any private person process mentioned under section 41 to 60A, 151 and 432 (3) Crpc. A police officer is authorized to arrest a person with warrant and without warrant.The police officer is been authorized to arrest any person without the warrant ordered by the court. Under Sections 41, 42, 151 CRPC, a Police officer may arrest without warrant.
   Some factor/condition where police can arrest directly:

   1. In any cognizable offence such as murder, rape, kidnapping, theft etc.
   2. Arrest can also be done in case, in possession, without, lawful excuse, of any house breaking weapon.
   3. Person has been proclaimed as an offender either under CRPC or by order of the State Govt.
   4.  If a person is in possession of any stolen property.
   5. One who, obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody.
   6. Who is reasonably suspected of being a deserter from any of the Armed forces of the Union.
   7. Who has been concerned in any law relating to extradition.
   8. Who, being a released convict commits a breach of any rule made under sub-section (5) of Section 356 CRPC.
   9. For whose arrest any requisition has been received from another police officer specifying the person to be arrested and the offence and other cause for which the arrest is to be made.

   Arrest of a Female:
   General rule is that Females are not be arrested without the presence of a lady constable and further no female be arrested after sun-set but there are exception in some cases, where crime is very serious and arrest is important then arrest can be made with special orders and it depends on facts and circumstances of each case. Separate lock ups to be provided for them.
   Right of the Arrested Person:

   1.  Arrested person has a right to know the ground of arrest. Section 50(1) CRPC provides, “every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.”
   2. Article 22(1) of Constitution of India provides, “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
   3. Police should inform at the time of arresting that he/she has right to bail. Section 50(2) of CRPC provides that any person arrested without warrant shall be immediately informed of the grounds of his arrest, and if the arrest is made in a bailable case, the person shall be informed of his right to be released on bails.
   4. Arrested person shall not be detained more than 24 hrs, Police must produce the arrested person before the nearest Magistrate within 24 hrs of arrest. The intention is that the accused should be brought before a magistrate competent to try or commit, with the least delay. The right to be taken out of police custody by being brought before a Magistrate is vital in order to prevent arrest and detention, with a view to extract confession or as a means of compelling people to give information.
   5. Arrested person has a right to free legal aid. While after the arrest, a person shall have the right to consult and to be defended by a counsel of his choice; arrestee shall be entitled to free legal aid. Apart from ensuring a fair prosecution, a society under the Rule of law has also a duty to arrange for the defence of the accused, if he is too poor to do so. Free legal aid to persons of limited means is a service which the modern State, in particular a welfare state, owes to its citizens (Law Commission of India, 14th Report, Vol. I, pp 587-600).

   Bail
   The word ‘Bail’ has not been defined anywhere in the Code of Criminal Procedure. Whereas the CRPC classified the offence into two categories, “Bailable” and “Non-Bailable”
   Bailable are the offence which comes under first schedule and offence which does not follows under first schedule or any other are non-bailable offence.
   Bail in Bailable offences: If a person is arrested by the police officer under non-bailable offence, he shall be released on bail under Section 436 of CRPC. He has right to get released on bail. The arrestee may also released on bail without executing surety bond if he is indigent person. Bail is a right in the bailable offence and not a favour or discretion of court.
   Bail in non-Bailable offence: Where person is accused or suspected of a non-bailable offence and arrested or detained he may be released on bail under section 437 CRPC. He shall not be released on bail if he accused of the offence punishable with life imprisonment or with death or previously convicted with the offence of life imprisonment or with death or if he is a habitual offender.

   Grounds for denial of bail:

   1. If a person violated the conditions of bail-bond earlier the court may denied his bail.
   2. If the accused is the habitual offender.
   3. If the offence is punishable with the life imprisonment or with death.
   4. If he had previously convicted under non-bailable offence.

    

   Bail can also be cancelled under section 437 (5)

   1. If the accused founds tampering the evidences during investigation or;
   2. if he commits similar or any other offence during the period of bail or;
   3. if he had absconded and intentionally delayed the trial or;
   4. if he the court finds that the accused is missing the privilege of bail or hampering the law and order in society or;
   5. if the life of the accused is in danger;

   Special power of High Court and Session Court to grant bail under section 439 CRPC: The High court and court of session has power under this section to grant a bail by imposing any condition and may also set aside the condition imposed by the Magistrate while granting bail.

   Quashing of FIR

   The High Court has inherent power under section 482 CRPC to quash the criminal proceedings to prevent abuse of the process of court and secure the ends of justice.

   The court must analyze the following points at the time of Quashing:
   i) Whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality?

   ii) Whether the material relied upon by the accused is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false?

   iii) Whether the material relied upon by the accused, has not been refuted by the prosecution / complainant; and / or the material is such, that it cannot be justifiably refuted by the prosecution / complainant?

   iv) Whether proceeding with the trial would result in an abuse of process of the court and hence, would not serve the ends of justice?

   The Two-Judge Bench of the Supreme Court in “Anand Kumar Mohatta and Anr. v. State (Govt. of NCT of Delhi) Department of Home and Anr”.
   the Supreme Court has primarily ruled that a petition under Section 482 of CRPC for quashing of FIR is maintainable even if a charge sheet has been filed in the case. The Court in the case also reiterated that the High court can exercise jurisdiction under Section 482 of CRPC even when the discharge application is pending with the trial court.

   Court may quash the criminal proceeding on the following bases:

   1. On Merit: when the apex court has been satisfied that the trial  would not serve the ends of justice or when court has reason to believe that allegation made by the complainant/prosecution are wrong and refuted or the case has been filed with ulterior motives or where there is contradiction in prosecution/complainant’s story, the court may quash the criminal proceeding against the accused.
   2. Compromise between the parties: If the compromise made between the parties, the apex court may quash the criminal proceeding.

   In B S Joshi v. State of Haryana 2003 (4) SCC 675, the Supreme Court justified the exercise of powers under Section 482 CrPC to quash the proceedings in matrimonial cases to secure the ends of justice in view of the special facts and circumstances of the case even where the offences alleged are non-compoundable.

   In the case of R P Kapur v. State of Punjab 1960 AIR 862, the Supreme Court of India held that criminal proceedings against a person can be quashed if the case being dealt with belongs to any one of the following three classes of cases:
   i) Where there is a legal bar against institution or continuance of the criminal proceedings.
   ii) Where the allegations in the FIR do not constitute an offence, even if taken at face value and in their entirety.
   iii) Where the allegations made constitute an offence, but there is no evidence which can prove them.

   Criminal Trial

   Criminal trial basically is divided into two part:

   1. Trial before a Court of Session (section 225 to 237 CRPC)
   2. Trial by Magistrates: in case of Magistrate trial it further divided into two ways
   3. Case instituted on a police report (section 238 to 243 CRPC)
   4. Case instituted other than police report (Section 244 to 247)

   Trial Before A Court of Session (Section 225 to 237 CRPC)
   Sec.225-237 of the Code of Criminal Procedure, 1973 substantially deals with the procedure for trial before a Sessions Court.

   Firstly the public prosecutor conducts the case and explains the court about charges or allegations against the accused. It is the right of the accused to get all the documents or copies in perusal of the case.
   After hearing the both prosecution as well as accused, if the judge considers that there is no case against the accused by prosecution, he will discharge the accused vide Sec.227 of CRPC.
   But if on hearing there is presumption of offence than the court shall frame the charge under section 228

   If the Court of Session cannot exclusively hold the trial, meaning thereby another court has the jurisdiction to try this case at hand, then session court shall transfer the case to the appropriate CJM or JM of First Class [228(1)(a)]

   If that Court of Session can exclusively try the matter at hand, charges in writing by the court shall be framed [228(1)(b)]

   U/s 228, another important point to note is that if charges are framed as above given, they are to be explained to the accused in the language and manner he will understand. Then, the accused will be asked if he pleads guilty to the offenses he is charged with or not [(228(2))].

   If under section 229, accused plead guilty of an offense either himself or if allowed to appear by a pleader, then through him, in unambiguous terms. He can be convicted. If a conviction is done, then any right of appeal against such conviction stands curtailed.

   If no such pleading or conviction u/s 229 is made/done, the court vide Sec.230 shall fix a date for examination of witnesses or may compel the attendance of any witness or production of any documents the prosecution may need.

   U/s 231, Judge shall proceed to take all the evidences produced and allow cross-examination. The court may acquit the accused under section 232, if on hearing the prosecution, no evidence appears before the court which shows that offence is committed by accused.

   Under Sec. 234 prosecution submits his closing arguments on completion of defence witteness under section 233 and accused is also entitled to submit his reply or closing arguments.
   After hearing both the party judge passes the judgment and upon conviction, u/s 235, the accused shall be heard with regard to the sentence and then will be sentenced unless Sec. 360 of CRPC applies.

   Lastly, Sec. 237 deals with procedure in cases of defamation of high dignitaries and public servants to prevent vindication of the conduct of such officials. However, provision for compensation to the accused to prevent false accusation is made as well.

   Trial by Magistrates: Case instituted on a police report (section 238 to 243 CRPC)
   Warrant-cases define under 2(x) means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
   Section 238 states that, when the warrant case is instituted on police report, firstly the Magistrate would satisfy himself that section 207 is duly complied on presentation of accused.

   The Magistrate would examine the police report and the documents sent with it under section 173, and if necessary, may examine the accused; and may hear the prosecution as well as the accused on the whole case. Thereafter, if the Magistrate considers the charge against the accused to be groundless, he would discharge the accused, and record his reasons for so doing under Section 239,
   And if not discharge then the next step is Framing of charge under section 240, if the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he would proceed to frame in writing a charge against the accused. The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence, charged or claims to be tried.

   If the accused pleads guilty, the Magistrate would record the plea and may, in his discretion, convict him thereon under Section 241

   Section 242: Evidence for prosecution: If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused, the Magistrate shall fix a date for the examination of witnesses. The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. The defence/accused shall also get his chance to produce his evidence or witness under section 243.

   Trial by Magistrates: Case instituted other than police report (Section 244 to 247)
   Cases instituted other than on a police report, on appearance of accused the Magistrate shall proceed to hear the prosecution or allegation against the accused and also take all the necessary evidence in support of prosecution under section 244.

   The Magistrate has power under 245 to discharge the accused on hearing of both the side prosecution as well as accused. If the magistrate does not find any evidence or any reason to frame charge against the accused, he shall be discharge. The Magistrate shall record the reason to discharge the accused.

   Or in contrary to this, if the Magistrate founds presumption against the accused he shall frame the charges against the accused in writing under section 246.
   Charge shall be read to the accused and will be asked if he pleads guilty to the offenses he is charged with or not.
   If he wishes to plead the Magistrate shall call the witness and discharge upon examination, cross-examination and re-examination.

   Criminal Revision

   Revision is said to be a process of inquisition of an order/judgment of the lower court which is examined by the higher court, in order to redress any excessive use of judicial power. The main purpose of revision is to rectify the proceedings of any lower court.

   The right to appeal is not available for every case it is only for list of cases specified under the code. Therefore, in order to avoid the miscarriage of justice, where the right to appeal is missing, there is always a legal way out through Revision. The power of revision exercised by the higher courts is wide and discretionary in its nature. It is a power granted to the appellant courts to prevent failure of justice.
   The court in which revision petition is pending cannot pass a prejudice order without giving equal opportunity to each party to be heard.
   Criminal Revision Petition can be filed in the Sessions Court as well as the High Court. Provisions of Section 397 to 401 of The Code of Criminal Procedure, 1973 deals with revision in criminal cases.

   SECTION 397 TO 401 OF CRPC
   Section 397- Calling for records to exercise powers of revision.
   (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,- recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
   (2) The powers of revision conferred by sub- section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
   (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

   • In order to exercise the power of revision, the record of the trial court shall be summoned by the Sessions court or High court for its examination and also to remove the irregularities in the same. The court has to satisfy itself as to the correctness or legality of the order passed by the lower court. This can be exercised for any pending or concluded

   The revision petition cannot be heard against any interlocutory order passed in an appeal, trial or any other proceeding.
   If a revision petition is already pending in Sessions court or High court, no new similar application can be filed in any other court.

   Section 398-Power to order inquiry
   On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrate subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub- section (4) of section 204, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

   • On receiving fresh evidence through the revision petition, the court shall direct for further inquiry to be conducted in the said case.

   When a complaint is dismissed u/s 203 or 204 (4), a person cannot opt for appeal in that case. With the help of a revision petition, it gives power to higher courts to direct for further inquiry.
   A concurrent jurisdictional power is granted to three courts in this section namely, Chief Judicial Magistrate, Sessions Judge and High court to conduct further inquiry.

   Section 399- Sessions Judge’s powers of revision
   (1) In the case of any proceeding the record of which has been called for by himself, the Sessions judge may exercise all or any of the powers which may be exercised by the High Court under sub- section (1) of section 401.
   (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub- section (1), the provisions of sub- sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub- sections to the High Court shall be construed as references to the Sessions Judge.
   (3) Where any application for revision is made by or on behalf of a person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by Way of revision at the instance of such person shall be entertained by the High Court or any other Court.

   • In a revision petition, the Session Judge while hearings the records called from the lower court by him shall have similar powers of the High court mentioned u/s 401 of the Code. Further if a person has approached Sessions Judge with a revision petition, the decision of the Session Judge shall be final and the said person cannot further approach the High court with another revision petition.

   Section 400- Power of Additional Sessions Judge
   An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

   Section 401- High Court’s Powers of revision
   (1) In the case of any proceeding the record of which has been called for by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
   (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
   (3) Nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one of conviction.
   (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
   (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice.

   • The High Court can exercise all the powers of an appellant court mentioned u/s 386, 389, 390 & 391.

   The said power shall be exercised by the High Court in exceptional case of failure of justice, excessive use of jurisdiction, abuse of power etc.
   Both the parties have equal right to be heard and defend the case.

   The High court has a power to convert an acquittal into conviction in an appeal but it cannot follow the same in a revision petition.

   When an aggrieved party has a right to appeal against an order, they cannot opt for a revision petition without priorly filing an appeal for the same.

   The High court has a discretionary power to treat a revision petition as an appeal only in a case where an appeal lies against the order of the lower court but the party has an erroneous belief that an appeal is not pending and hence the High Court allows the same in the interest of justice.

   LIMITATION OF REVISION COURT
   When a revision petition is pending in Sessions court, the same cannot be entertained again by the High court. The aggrieved party has no right to approach two courts with a revision petition.

   CONCLUSION
   Revision petition in criminal cases is governed under section 397 to 401 of Cr.P.C. It is the discretionary power of the court to exercise its power in removing the defects, error in proceedings, governing failure of power, excessive use of power etc by giving effective decisions in revision of a criminal case. It is a way to protect the miscarriage of justice.

   Criminal Appeal

   An appeal is a procedure through which the aggrieved person can challenge the Order/Judgment given by the Trial Court in the higher court/Appellant court. The aggrieved party appraises the higher court with the facts not appreciated by the lower court. During the appeal the facts pleaded in higher court are the same facts brought up in the lower court. No new facts shall be pleaded during the proceedings of an appeal.

   The right to appeal is available only for limited sections mentioned under Cr.P.C. The right to appeal is provided under section 372 to 394 of Cr.P.C. Under Article 132, 134 & 136 of the Constitution of India, an appeal shall be made to the Supreme Court against the order of the High Court.

   In an appeal is a necessity to prove the legal error. If the court finds that there has been material legal error made in the order/judgment, the same shall partly/completely set aside by the Appellate court in the favor of the aggrieved person. Also if the Appellant court is not convinced and denies the appeal, the order or judgment of the lower court shall stand still.

   Right to Appeal against Conviction

   A defendant/accused has a right to appeal against order of conviction passed by a lower court in the higher/appellate court. If the conviction arises from the guilty plea of the defendant, then he automatically loses his right to appeal.
   An appeal against conviction shall be made under section 374 of Cr.P.C.

   Section 374- Appeals from convictions
   (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
   (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.
   (3) Save as otherwise provided in sub- section (2), any person,-
   (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or
   (b) sentenced under section 325, or
   (c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.

   The above mentioned section defines the hierarchy of courts where the appeal shall lie, in case of conviction. In a case where more than one person or several persons are convicted in a single trial held in the Sessions Court, it is not necessary that each person shall file an appeal on their behalf, a joint appeal can also be filed by them in the High Court.

   When an appeal is disposed off, the appellant court should specify the reason for the same, so that when the aggrieved party appeals to the higher court, the higher court should be aware of the reason of disposal by the court below.

   Right to Appeal against Acquittal

   It is the right given to the victims to appeal against the acquittal of the accused. It gives the victim access to right to redress and mechanism of justice through a legal procedure.

   Section 378-Appeal in case of acquittal
   (1) Save as otherwise provided in sub- section (2) and subject to the provisions of sub- sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 2 or an order of acquittal passed by the Court of Session in revision.]
   (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub- section (3), to the High Court from the order of acquittal.
   (3) No appeal under sub- section (1) or sub- section (2) shall be entertained except with the leave of the High Court.
   (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
   (5) No application under sub- section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
   (6) If in any case, the application under sub- section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub- section (2).

   An appeal against acquittal shall be filed within the limitation period mentioned under Article 114 of the Schedule of the Limitation Act.

   While considering the appeal against acquittal the following things should be considered:

   • Relevance of the facts bought up by the appellant.
   • Reliability of the witness examined.
   • Keeping up the presumption of innocence of the accused person.
   • Presence of any reasonable doubt of any guilt in the accused person as a right of the accused.
   • Usage of the power of review and reconsidering the evidence on the basis of which acquittal is granted.
   • Focusing on sufficient and firm grounds following the distorted conclusions.
   • If any double presumption is present, it is in the favor of the accused person.
   • If there is a presence of 2 conclusions, the benefit should be averted to the accused person.

   If there is absence of reasons and findings, no appropriate testimonies or evidences, the appeal shall be liable to be dismissed.

   CONCLUSION

   Acquittal and conviction both can be subjected to appeal. Proven ‘not guilty’ is the end of a case, but yet its conclusion can be challenged through appeal.

   Criminal Appeal against conviction is a tool used by an accused to point of the legal error committed by the lower court. It isn’t a new trial but the review of a trial conducted by the lower court which has lead to the conviction of the accused.

   Acquittal is based on the probability of the facts of the case as well as on the admissibility of relevant evidence brought up in the trial court. Moreover some acquittals are not merit based but are due to lack of investigation, lack of evidence, non-appreciation of evidence and even lack of knowledge of the presiding officer of the court.

   Writ Petition (Criminal)

   WARRANT-PROCLAIMATION-82-LOC
   WARRANT
   A warrant is the order of the court which empowers the police officer to arrest a person and bring the said person before the court/judge. When a person is charged with a crime or convicted for a crime committed by him but he fails to appear before the court, a warrant is issued by the court against the said person, in order to make him appear before the court with the help of the officer.
   Categories of Warrant:

   • Bench Warrant- it is an order issued by the court against a person who does not appear before the court for the purpose of hearing or a charge or as witness in a matter. When a bench warrant is issued, the officer is at charge to bring the person before the court.

   The cancellation of warrant can be done either by procuring bail or by appearing before the court along with appropriate application.

   • Search Warrant- it is an order empowering an officer to search a premises/person for particular evidence. The said warrant can be procured on the lawful statement and belief of an officer, who has a reason to believe that evidence of a crime committed shall be located.
   • Arrest Warrant: it is an order which gives power to the police officer to arrest a person named in the warrant, etc.

   Types of Warrant:

   • Bailable Warrant- it is a warrant issued by the court where the person against whom the warrant has been issued shall not be arrested and will be released on bail with the help of a bail bond and surety submitted before the court. Section 71(1) of Cr.P.C. deals with bailable warrants.
   • Non-Bailable Warrant- it a warrant of arrest issued by a court against a person, he shall be arrested by the police and presented before the court. Courts issue NBW only in the extreme situations, where there is hindrance in maintaining law and order or interest of an individual is affected at large.

   Warrants can be issued for different purpose and they are of different forms. It is an authorization in writing given by the court for a person’s appearance, arrest, witness etc.

   PROCLAMATION OF PERSON ABSCONDING U/S 82 CR.P.C
   A person who is absconding or is avoiding warrants is given a final chance to appear before the court. Proclamation is pasted at the residence or the last known address of the absconding person and also at the court premises. Duration of 30 days or more is given to the absconded person to appear before the court.
   When a warrant against an accused person is not executed and accused fails to appear before the court, court may direct proclamation to be issued against the accused person under Section 82 Cr.P.C. Court may also direct for attachment of property of the absconding person under Section 83 Cr.P.C.
   A proclamation may be issued against a person who is hiding himself from law.

   Section 82- Proclamation for person absconding:
   (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
   (2) The proclamation shall be published as follows:
   (i) (a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
   (b) It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
   (c) A copy thereof shall be affixed to some conspicuous part of the Court-house;
   (ii) The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
   (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this Section have been complied with and that the proclamation was published on such day.
   (4) Where a proclamation published under sub-section (1) is in respect of a period accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
   (5) The provisions of sub-section (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).
   Before the issuance of proclamation, the magistrate shall be satisfied that the accused has been absconding or avoiding the warrant of the court. The main requirement is that the accused shall be aware of being arrested and he purposely avoiding the same.

   While recording the order of proclamation the Magistrate should mention clearly that the accused is absconding and should also mention the duration, since when he is absconding.
   If a warrant fails to be received, proclamation shall not be issued. Before the issuance of proclamation, officer should be satisfied that the accused has the knowledge of the warrant issued against him. Until the accused person against whom proclamation is issued surrenders, the court shall not entertain any application on his behalf.

   LOOK OUT CIRCULAR (LOC)
   LOC in India is issued to trace, monitor and prevent airport entry or exit of persons who are either wanted or are under suspicion and are required under custody of the legal or police authority.
   LOC is communicated through a circular issued by an authorized governmental agency. In certain circumstances, the government has to take the recourse of extra discretionary power, using digital technology to trace and identify individuals who are trying to escape. But this is opted only in special circumstances.
   The power to issue LOC is carried in accordance with the Ministry of Home Affairs. The validity of LOC is for the period of one year. After that it automatically expires unless some agency specifically requests for its renewal. LOC can be requested and ordered only by a competent authority, in order to fulfill requirements of both investigation and trial.
   Issuance of LOC in case of cognizable offence is under Indian Penal Code or any other penal laws under which the accused is booked.
   The power of LOC is extraordinary and drastic in nature and also affects and individuals right to travel. But at times it becomes difficult to issue LOC due to absence of any substantive law. The said power can also be misused affecting constitutional rights and liberty.

   The main objective of LOC is to detain a wanted person and hand over the said person to the appropriate authority. It helps the government to prevent a criminal from leaving the country and also helps to prevent criminals of other country travel and hide themselves in India.
   A set of guidelines mentioned in the judgment given by the Hon’ble High Court of Delhi namely, Sumer Singh Salkan Vs. Asstt. Director & Ors. [W.P.(Crl.) No. 1315/2008] dated 11.08.2010 are as follows:

   • Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.
   • The Investigating Officer shall make written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.
   • The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police stationon an application by the person concerned.
   • LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs.

   Supreme Court Practice

   SPECIAL LEAVE TO APPEAL TO SUPREME COURT
   Special leave petition (SLP) is an appeal against the order/judgment of the Trial Court or High Court, heard by the Supreme Court of India. It is said to be a form of a petition filed for an appeal. It is a special permission taken by the petitioner to be heard before the Supreme Court. After hearing the matter, the Supreme Court may grant the leave and convert the said petition in to an appeal. It is a right of an aggrieved person to be heard by the apex court and same can be obtained by filing a SLP in the Supreme Court.The appeal can be classified into special category, and it shall not follow the general hierarchy of courts. Article 136 of the Constitution of India grants Special leave petition to be filed in the Supreme Court arising from the order/judgment of any court in the territory of India.Article 136- Special leave to appeal by the Supreme Court
   (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India
   (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
   SLP can be filed against:

   • Any order or judgment passed by any Trial Court or High Court in the territory of India.
   • The approach of the trial court or high court in the order/judgment given is inappropriate or wrong.
   • The grant of fitness certificate is denied by the High Court for appeal to the Supreme Court.
   • Serious legal weakness or inadequate legal approach etc

   Limitation
   SLP shall be filed within 90 days from the date of order/judgment. The time period for filing SLP is also flexible depending on the discretion of the Supreme Court. An appeal against the order for Refusal of grant of fitness certificate shall be filed within 60 days in the Supreme Court.

   Contents
   The SLP contains a brief synopsis of facts and grounds of a case which shall help in understanding of the court for admission or dismissal of the petition. The said petition shall be signed by an advocate on record. It shall also contain the certified copy of the judgment of the court below along with the documents/evidences bought up before the trial court. No new facts shall be bought up in the SLP filed before the Supreme Court, which have not been pleaded before the court below.

   Scope
   The Supreme Court has its own discretion to entertain SLP depending upon its relevancy. It is the discretionary power of the Supreme Court to grant Special leave petition or dismiss the same. An aggrieved party approaches the apex court against order of the Trial court or High court regarding any civil, criminal or constitutional issue etc.
   The definition and power of the Supreme Court in this nature is not limited. The leave is granted by the Supreme Court only in exceptional cases. Appeal made to the Supreme Court is not merely a right but a privilege to an individual whose right and liberty are affected or denied.

   Article 133 of the Constitution of India provides for civil appeal arising from the order /judgment of the High court and Article 134 of the Constitution of India provides for criminal appeal.
   The appeal must contain a substantial question of law, legal error, wrong facts or findings arrived, contractions with the settled principle of law etc in order to be admitted by the Supreme Court.
   The Supreme Court of India enjoys extraordinary jurisdiction given by the constitution to rectify legal errors committed by the courts below.

   Conclusion
   Special leave petition is a constitutional remedy. It holds an important place in the Indian Judicial System. Supreme Court has purpose of laying down law for the court below all over the country. It possesses residual powers to be exercised only in the case of gross injustice or error of law or when a substantive question of law is involved. Its main purpose is correcting the miscarriage of justice by using the discretionary powers.
   When the apex court senses that some injustice is committed it would interfere and grant special leave. The order of the Supreme Court has a binding effect deciding the law on the subject matter. However, it is not necessary that it will be a binding precedent.

   Transfer of Criminal Cases

   The major expectation from the judiciary is to do fair and equitable justice for the persons who are approaching them for the redressal of their grievance. The judiciary has a strict view regarding fair trial and delivery of justice. In order to protect the order of moral standards and preserve the reputation of the judiciary in granting justice, the court should have reasonable ground for transfer of cases from one court to another.
   When a person has a doubt on the fairness of a trial, the said person/party shall seek transfer of the said criminal case within the state with the help of the High Court or anywhere in the country with the help of the Supreme Court. But the apprehension of not getting impartial trial and fair investigation should be reasonable and not imagery based. There should be a sufficient reason to prove the same. The appropriate court shall feel the need of conducting a fair trial is conducive. There is no universal rule for deciding transfer of a case.
   While transferring a case, the court shall consider convenience of the prosecution, accused, witnesses and also the interest of the society at large.Section 406 deals with Power of Supreme Court to transfer cases
   Section 406- Power of Supreme Court to transfer cases and appeals.
   (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
   (2) The Supreme Court may act under this section only on the application of the Attorney- General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney- General of India or the Advocate- General of the State, be supported by affidavit or affirmation.
   (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate In the circumstances of the case.
   The petitioner/party is liable to show a reasonable cause that justice will fail inevitably if the case is not transferred to another court. Under section 406 Cr.P.C, the Supreme Court has been vested discretionary powers to transfer cases or appeal from one High Court to Another High Court or to another subordinate criminal court or criminal court of equal or superior jurisdiction subordinate to another High Court.
   The said transfer shall be made through an application made by the Attorney General of India or any party including complainant, accused, public prosecutor etc.
   Section 406 considers only transfer of a case or appeal but transfer of inquiry cannot be sought under this section. Transfer of FIR also cannot be done under this section.
   While considering the transfer, the court has to consider substantial cause for dispensation of fair justice. The purpose of criminal trial is to influence impartial justice and fair trial and if the said is undermined and has a sufficient ground to prove the harm that shall lead to injustice, the case shall be transferred to any other appropriate jurisdiction.Section 407 deals with Power of High Court to transfer cases
   Section407- Power of High Court to transfer cases and appeals
   (1) Whenever it is made to appear to the High Court-
   (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
   (b) that some question of law of unusual difficulty is likely to arise, or
   (c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,
   it may order-
   (i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;
   (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
   (iii) that any particular case be committed for trial to a Court of Session; or
   (iv) that any particular case or appeal be transferred to and tried before itself.
   (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.
   (3) Every application for an order under sub- section (1) shall be made by motion, which shall, except when the applicant is the Advocate- General of the State, be supported by affidavit or affirmation.
   (4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub- section (7).
   (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with copy of the grounds on which it is made; and no order shall be made on of the merits of the application unless at least twenty- four hours have elapsed between the giving of such notice and the hearing of the application.
   (6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court’ s power of remand under section 309.
   (7) Where an application for an order under sub- section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case.
   (8) When the High Court orders under sub- section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred.
   (9) Nothing in this section shall be deemed to affect any order of Government under section 197.
   Under this section it appears to the High Court that there is lack of fair trial and injustice has been caused in a case. There has to be sufficient ground to prove the necessity of the transfer of a criminal case and not merely hyper nature or imagination of a party.The High Court shall exercise the power to transfer a case in the following situations:

   • Fair and impartial inquiry is missing in the subordinate criminal court.
   • Necessary to meet the ends of justice.
   • Unusual difficulty arising in the question of law.
   •  There is requirements of the provisions of the code etc

   The High Court shall transfer a particular case or appeal from one subordinate criminal court to another criminal court of equal or superior jurisdiction or a case committed for trial in the Sessions court.
   After receiving such application for transfer of a case, the High Court shall conduct an inquiry and decide the transfer in the interest of justice. If any of the grounds pleaded or application I found frivolous, the court shall dismiss the application. The Attorney General shall also file an application for transfer along with an affidavit. Even the trial court can refer such cases to High Court where there is a need of transfer of a case from one court to another in the interest of justice.

   Section 408 deals with Power of Sessions Judge to transfer cases
   Section 408- Power of Sessions Judge to transfer cases and appeals.
   (1) Whenever it is made to appear to a Sessions Judge that an order under this sub- section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
   (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.
   (3) The provisions of sub- sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub- section (1) as they apply in relation to an application to the High Court for an order under subsection (1) of section 407, except that sub- section (7) of that section shall so apply as if for the words” one thousand rupees” occurring therein, the words” two hundred and fifty rupees” were substituted.

   The above mentioned section empowers the Session Judge to transfer cases and appeal from one criminal court to another criminal court in the Session division. The Court of Sessions may act upon the report of the lower court or on the application of a party or even of its own.

   The provisions of section 407 sub section (3), (4),(5),(6),(7) and (9) becomes applicable in case of application made to the Sessions Court, with a difference herein that the compensation awarded for a frivolous application is Rs. 250/-. If such a case has already been transferred under section 408 Cr.P.C to the Additional Session Judge, the said trial shall be considered as illegal.
   Under section 408 Cr.P.C, a Session Judge cannot transfer a matter pending before Sub-Judicial Executive Magistrate or any other order in this regard.
   When a Session Judge gives such order of transfer, he shall also specify appropriate reasons for the same.

   CONCLUSION
   The transfer of a criminal case from one court to another shall not change the nature of procedure, trial or relief sought neither it changes the subject matter of a case but the change in the jurisdiction imparts a huge impression of focus on fair trial and impartial justice and assurance of good conscience. Transfer of cases from one court to another after sensing the harm or loss to be caused to the party, aggregates the sense of believe in the judiciary and uphold the importance of justice in the aggrieved party.

   Parole & Interim Bail

   PAROLE
   Parole is a conditional release/freedom of prisoners before the completion of the sentence. They are supervised by the Parole Officer. If they violate any condition of their release, they shall be sent back to the prison.
   Parole is a privilege given to the prisoners to transition back into the society. There are certain restrictions on the parolees in order to encourage good behavior. It also reduces overcrowding in the prisons and gives a chance to the prisoners to interact in the society.In India, parole is governed under Section 5 (B) of the Prisons Act, 1984. Section 5(B) of the Prisons Act, 1984 defines Parole System.“Parole system means the system of releasing prisoners in Jail on parole, by suspension of their sentences in accordance with the rules for the time being in force.”
   Release on parole is a reformative process of a prisoner. Parole is basically conditional release of a prisoner only after a part of sentence has been served by the prisoner in the prison, he is liable to return to the prison without violating any of the conditions.Objective of Parole:

   • Enable the prisoners to maintain touch with their family members and deal with their personal and family matters or emergency
   • To protect the prisoners from the ill effects of continuous prison life
   • To maintain the self confidence of the prisoners and also their interest in life
   • To conserve government resources and overcrowding in the prison
   • To reintegrate prisoners into the society under supervision etc.

   Parole is always governed with certain conditions like living a law abiding life, not to indulge in any sort of crime, not leaving the territory, restraining from intoxication and gambling, not to change the residence or occupation without permission etc.

   Parole is conditional release of a prisoner who is under supervision of the Parole officer. It is a correctional process by selectively releasing the offenders and keeping them under supervision in the society. The releasing authority puts certain conditions and limitations on the release of the prisoner on parole. The basic criteria behind is that the criminal justice system has started this with an object to reform the prisoner and at the same time also ensure the security of the society.

   FURLOUGH
   Furlough is a matter of right given to a prisoner every year. A prisoner is entitled to be released for 14 days in a year on furlough. It is granted to a prisoner periodically irrespective of any reason. The period of furlough shall be counted as remission of the sentence.

   In India, furlough is governed under Section 5 (A) of the Prisons Act, 1984. Section 5(A) of the Prisons Act, 1984 defines Furlough System.

   “Furlough system- it means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force.”

   For furlough, a prisoner has to submit an application to the prison superintendent. It is a form of a reward granted to a prisoner and is counted as a part of the prisoner’s conviction sentence. It is the discretion of the jail authorities or the state government to allow or reject furlough application. Conduct of the prisoner in jail is also considered before granted him furlough.

   Furlough is only for the prisoners who are serving sentence of 5 years or more. If the sentence is for a lesser period, furlough cannot be applied. Furlough is granted for a period of 14 days and can be further extended for another 14 days.

   Conditions for granting furlough:

   • The prisoner’s conduct in jail shall be good and he has earned minimum 3 good remissions.
   • He does not fall under the category of habitual offender
   • The prisoner is not convicted of any serious offence like robbery, dacoity or arson
   • he shall not be a kind of a person who is dangerous for the society on his release or may disturb public peace.

   Furlough is a matter of right, granted to a prisoner. It would depend on the terms and conditions of the imprisonment. It is not an absolute right of a prisoners but it helps in the reformation process of a prisoner.

   PROBATION
   A person who is convicted for a crime gets a chance to remain in the community instead of jail with the help of probation. The probation requires the prisoner to follow rules and conditions ordered by the court and shall remain in the society under the supervision of Probation Officer.

   The release of a offender on probation acts as a reformative device for the convicted person, during which the prisoner lives and in community and regulates his own life under the guidelines imposed by the court. It is suspension of a sentence in order to help and guide the probationer in rehabilitation and at the same time being under threat of suspension of probation and being put behind the bars.

   Section 360 of Cr.P.C deals with the release of a prisoner on good conduct or after admonition
   (1) When any person not under twenty- one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty- one years of age or any woman is- convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace and be of good behaviour: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub- section (2).

   (2) Where proceedings are submitted to a Magistrate of the first class as provided by sub- section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.

   (3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860 ), punishable with not more than two years’ imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition.

   (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

   (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub- section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.

   (6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.

   (7) The Court, before directing the release of an offender under sub- section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.

   (8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

   (9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence.
   (10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958 ), or the Children Act, 1960 (60 of 1960 ), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.

   Section 361 of Cr.P.C makes it mandatory for the judges to record the reason for not awarding probation to the offender.
   Objective of Probation:

   • reformation of the offender
   • prevent juvenile delinquency
   • keeps the offender away from the criminal world
   • harmless socializing of an offender and allowing him to earn for his living
   • building up self control and self confidence in an offender
   • prevent the offender from the stigma of crime and allow upright living etc.

   Probation entirely depends on the discretion of a judge. An applying offender should have served at least 1/3rd of his sentence in jail. After the judge is satisfied, he shall give a set of rules and regulations to be followed by the offender after an early release. Violator of such rules prescribed by the judge shall lead to cancellation of probation and the offender has to return to the jail or has to face hearings before Probation Officer.
   Probation shall not be granted if an offender is convicted for a heinous crime.

   Probation is conditional. Some of the conditions for probation are regularly visiting the Probation Officer, appearing on scheduled court dates, not to travel outside the territory without permission of the Probation Officer, refraining from illegal activities and consumption of drugs, alcohol etc.

   Probation gives a chance to a convicted person to remain in the society instead of being in jail. The main object of the criminal justice system is the reformation of the offender and also at the same time to ensure security and peace of the society.

   The allowance of probation is entirely in the hands of the State Government.

   CONCLUSION
   In a country like India, where jails are overcrowded, provisions like parole, furlough & probation helps in reformation of an offender also prevents him from being a hardened human being and also prevents him from being surrounded by heinous and habitual offenders. It helps in affirmation of a human being and provides him a benefit of living in the society under specific rules and regulations to be followed by him failing which the offender shall be sent back to the jail.

Pornography, an offence in India:
Cyber pornography is banned in many countries. But in India, under the Information Technology Act, 2000, this is a grey area of the law, where it is neither expressly prohibited nor legalized. In Short, browsing or downloading Child pornography online is a punishable offence under the Information Technology Act. The creation of child pornography is also punishable under the Act. The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.

Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment up to 3 years and fine up to 5 lakhs:

1. Publication- which would include uploading on a website, whats app group or any other digital portal where third parties can have access to such content.
2. Transmission- this includes sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media.
3. Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.

Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct , punishable with imprisonment upto 5 years and fine upto 10 lakhs.

Thus, upon plain reading of the above said provisions of law, it is very clear that viewing Cyber pornography is legal in India. Merely downloading and viewing such content does not amount to an offence. Publication of pornographic content online is illegal. Storing Cyber pornographic content is not an offence. Transmitting cyber pornography via instant messaging, emails or any other mode of digital transmission is an offence.

The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.

Money Laundering

THE PREVENTION OF MONEY – LAUNDERING ACT, 2002 – (15 OF 2003)

PREAMBLE: An Act to prevent money laundering and to provide for confiscation of property derived from, or involved in, money – laundering and for matters connected therewith or incidental thereto.

BRIEF: In India, public servants can be penalized for corruption under the Prevention of Corruption Act, 1988 and under the Indian Penal Code, 1860. Offenses of money laundering by public servants are also punishable under The Prevention of Money Laundering Act, 2002 and benami transactions are prohibited under The Benami Transactions (Prohibition) Act, 1988.

ORIGINAL JURISDICTION: Session Judge with Special Jurisdiction [Session Judge/PC]

IMPORTANT PROVISIONS:

Section 3. Offence of money-laundering.—
Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering.

Section 4. Punishment for money-laundering.—
Whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which may extend to five lakh rupees: Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words “which may extend to seven years”, the words “which may extend to ten years” had been substituted.

Domestic Violence & 498A

Defamation & Malicious Prosecution

The Act recognizes all forms of penetration along with penetrative sexual assault and criminalizes acts of immodesty against children.

That is, there are a total five type of sexual offences which have been covered under this POSCO Act;
Section 3: penetrative sexual assault,
section 5: aggravated sexual assault,
section 7: sexual assault,
section 9: aggravated sexual assault,
section 11: sexual harassment.

The important sections and the punishments related thereto are mentioned in the table under:

[Section 19: Punishment for embezzlement of opium by cultivator.
Section 24: Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.
Section 27A: Punishment for financing illicit traffic and harboring offenders.]

Table of Common Drugs under NDPS are as follow:

Section 21: Punishment for contravention in relation to manufactured drugs and preparations.—
Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted there under, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,—

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

Section 29: Punishment for abetment and criminal conspiracy.—
(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which—
(a) would constitute an offence if committed within India; or
(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.

1. It is by custom of trade transferable by delivery or by endorsement and delivery.
2. It is capable of being sued upon person holding it pro tempore (for the time being) in his own name.

ORIGINAL JURISDICTION:
Metropolitan Magistrate

IMPORTANT PROVISIONS:

Section 138:  Dishonor of cheque for insufficiency, etc., of funds in the account. —
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless—
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.]

Section 142: Cognizance of offences. —
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138: [Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.]
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.]

THE PASSPORT ACT, 1967

BRIEF:
The Act applies to whole of India and extends to citizens of India living outside the country. The Passports Act is an act of the Parliament of India “for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto.”
In compliance with Article 9 of the Indian Constitution, the Act does not allow dual citizenship. Under Section 12 of the Act, a person must surrender his passport if he has acquired the citizenship of any other foreign country.

Classes of passports and travel documents:
As per section 4 of the Passports Act, 1967 the following classes of passports are issued under this act

1. ordinary passport;
2. official passport;
3. diplomatic passport.

The following classes of travel documents may be issued under this act

1. emergency certificate authorising a person to enter India;
2. certificate of identity for the purpose of establishing the identity of person;
3. such other certificate or document as may be prescribed

Restriction on granting passport
As per section 6 of the Act, the passport authority or central shall refuse to issue passport on any one or more of the following grounds, and no other ground:

1. that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India:
2. that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;
3. that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country;
4. that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest;
5. that the applicant is not a citizen of India;
6. that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
7. that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
8. that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
9. that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation.

Impounding of passport
As per section 10 (3) of Act, the passport authority may impound or cause to be impounded or revoke a passport or travel document on the following basis:

1. if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;
2. if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;
3. if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
4. if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
5. if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;
6. if any of the conditions of the passport or travel documents is contravened;
7. if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made;
8. A court convicting the holder of a passport or travel document of any offence under this Act or the rules made there under may also revoke the passport or travel document.

The passport authority may also revoke a passport or travel document on the application of the passport or travel document holder.
A court which is convicting the holder of such passport or travel document under this Act or Rules may also revoke the revoke the passport or travel document. This revocation can also be made by an appellate court or by the High Court when exercising its power of revision. Provided that if the conviction is set aside on appeal or otherwise, the revocation shall also become void.
On such revocation, the holder of such passport or travel document, shall without delay, surrender the passport or travel document, to the authority who revoked the passport/travel document, unless it has already been impounded.

Offences and Penalties
As per section 12 of the Act, whoever:

1. Contravenes the provisions of Section 3, i.e., departs or attempts to depart outside India without a valid passport on his/her name; or
2. Knowingly furnishes any false information or suppresses any material information with a view to obtain a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or
3. Fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or
4. Knowingly uses a passport or travel document issued to another person; or
5. Knowingly allows another person to use a passport or travel document issued to him

Shall be punished with imprisonment for a term which may extend to 2 years or with fine which may extent to Rs. 5,000/- or with both.
Any person, who is not a citizen of India:

1. Makes an application for a passport or obtains a passport by suppressing information about his nationality; or
2. Holds a forged passport or any travel document

Shall be punished with imprisonment for a term which shall not be less than 1 year but which may extend to 5 years and with fine which shall not be less than Rs.10,000/- but which may extend to Rs. 50,000/-.
When any person abets any of the above mentioned offences, and the offence is committed as a result of the abetment, then the person shall be punishable with the punishment provided in the section of that said offence.
Whoever, contravenes any condition of the passport or the travel document or any provision of this Act or Rules, for which no punishment has been mentioned, shall be punishable with imprisonment for term which may extend to 3 months or with fine which may extend to Rs. 500/- or with both.
Lastly, when a person already convicted under this Act, is convicted again of an offence under this Act, shall be punished with double the penalty provided for the latter offence.

1. Civil Contempt
2. Criminal Contempt

As per Section 2(b) Civil Contempt means ‘willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court’.
As per Section 2(c) Criminal Contempt means ‘the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
(i) scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.’

Punishment Under The Contempt of Court Act
Section 12: Punishment for contempt of court.-

1. Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both

Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Explanation. -An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.

1. Notwithstanding anything contained in any other law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it.
2. Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.
3. Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
4. Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer.

Explanation.-For the purposes of sub-sections (4) and (5),-
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Provided that, nothing contained in this sub-section shall render any such person liable to punishment, if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.

Period of Limitation
Section 20 provides that no court shall initiate contempt proceedings either on its own notions or otherwise after the expiry of one year from the date on which contempt is alleged to have been committed. The period of limitation is applicable both in civil as well as criminal contempt. Contempt proceedings can be initiated either by filing an application or by the court itself suo moto.
In criminal contempt, contempt is alleged to have been committed the moment scandalization of court or interference with the administration of justice takes place. Consequently, the period of limitation immediately starts running. But, in case of civil contempt the period of limitation does not start from the date of the order. It starts running after expiry of period mentioned in the order after service of certified copy of the order upon the other side. If no time limit is mentioned in the order, the order should be complied within a reasonable period. The term “reasonable period” has been interpreted to be a period of three months from the date of service of certified copy.

Defences In Civil Contempt
A person charged with civil contempt of court can take the following defences-

1.  No knowledge of order
2. Disobedience or breach was not willful
3. Order disobeyed is vague or ambiguous
4. Order involves more than on reasonable interpretation.
5. Compliance of the order is impossible.
6. The order has been passed without jurisdiction.

Defences Against Criminal Contempt
1. Innocent publication and distribution of matter. S.3 deals with this defense.
2. Fair and accurate report of judicial proceedings as under S.4 of the Act.
3.  Fair criticism of judicial act. S.5 deals with this defense.
4. Bonafide complain against the presiding officer of a subordinate court. S.6 provides this defense.

1. Justification by truth. The amended S.13(2) provides that the Court may permit justification by truth as a valid defense in any proceeding for criminal contempt if it is satisfied that it is in public interest. Thus, truth is now a defense if it is in the public interest and bonafide.
2.  The statement complained of is open to different interpretations.
3. Defamation of the judge personally.

Remedy Against The Order of Punishment
Following remedies are available against the punishment order under Contempt of Court Act:
1. Apology
2. Appeal

Companies Related Offence:-

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