Preparing students for the All India Bar Examination (AIBE), Please Check the important provisions of Cr.P.C, landmark cases, and multiple-choice questions (MCQs) to help law students master this subject.

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📖 Introduction to the Criminal Procedure Code (Cr.P.C)

The Criminal Procedure Code, 1973 (Cr.P.C.) is the procedural law governing criminal cases in India. It defines the process of investigation, trial, and punishment of offenses under the Indian Penal Code (IPC). The Cr.P.C. is divided into 37 chapters and 484 sections.

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📌 Important Topics & Landmark Cases in Cr.P.C

1️⃣ First Information Report (FIR) – Section 154 Cr.P.C.

🔹 Case: Lalita Kumari v. Govt. of U.P. (2013) – Mandatory Registration of FIR

📌 Facts: The police refused to register an FIR in a child abduction case.
⚖ Judgment: The Supreme Court ruled that registration of an FIR is mandatory in cognizable offenses.
✅ Conclusion: Police cannot refuse to register an FIR if the offense is cognizable.

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2️⃣ Arrest & Bail Provisions (Sections 41-60, 436-439 Cr.P.C.)

🔹 Case: D.K. Basu v. State of West Bengal (1997) – Rights of Arrested Person

📌 Facts: Several custodial deaths led to a petition seeking guidelines for arrest and detention.
⚖ Judgment: The Supreme Court laid down guidelines for arrest, including the right to legal representation and medical examination of the accused.
✅ Conclusion: Police must follow due process in arrests, ensuring fundamental rights.

🔹 Case: Sanjay Chandra v. CBI (2011) – Bail is the Rule, Jail is the Exception

📌 Facts: Bail was denied in the 2G spectrum scam case despite the accused cooperating with the investigation.
⚖ Judgment: The Supreme Court ruled that bail should be granted unless the accused is likely to abscond or tamper with evidence.
✅ Conclusion: Bail is a right unless there are exceptional circumstances.

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3️⃣ Cognizance & Trial Procedure (Sections 190-199, 225-237 Cr.P.C.)

🔹 Case: State of Haryana v. Bhajan Lal (1992) – Quashing of Criminal Cases

📌 Facts: A corruption case was filed against a former Chief Minister, which he claimed was politically motivated.
⚖ Judgment: The Supreme Court laid down guidelines for quashing FIRs under Section 482 Cr.P.C.
✅ Conclusion: Courts can quash cases if they are frivolous, baseless, or filed with malafide intent.

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4️⃣ Speedy Trial (Sections 167, 309 Cr.P.C.)

🔹 Case: Hussainara Khatoon v. State of Bihar (1979) – Right to Speedy Trial

📌 Facts: Many undertrial prisoners in Bihar were in jail for years without trial.
⚖ Judgment: The Supreme Court ruled that speedy trial is a fundamental right under Article 21 of the Constitution.
✅ Conclusion: Delayed justice violates the fundamental rights of the accused.

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5️⃣ Plea Bargaining (Sections 265A-265L Cr.P.C.)

🔹 Case: State of Gujarat v. Natwar Harchandji Thakor (2005) – Plea Bargaining in India

📌 Facts: The accused sought plea bargaining for a minor offense.
⚖ Judgment: The Supreme Court accepted plea bargaining as a valid legal mechanism for minor offenses.
✅ Conclusion: Plea bargaining reduces court burden and benefits both the accused and the state.

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📝 MCQs for AIBE Preparation (Cr.P.C)

1️⃣ FIR & Investigation

Q1. Under which section of Cr.P.C. is an FIR registered?
A) Section 151
B) Section 154
C) Section 161
D) Section 482

✅ Answer: B) Section 154

Q2. In which landmark case did the Supreme Court rule that FIR registration is mandatory?
A) Kedar Nath Singh v. State of Bihar
B) Lalita Kumari v. Govt. of U.P.
C) Maneka Gandhi v. Union of India
D) A.K. Gopalan v. State of Madras

✅ Answer: B) Lalita Kumari v. Govt. of U.P.

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2️⃣ Arrest & Bail

Q3. The Supreme Court guidelines for arrest procedures were given in:
A) Vishaka v. State of Rajasthan
B) D.K. Basu v. State of West Bengal
C) State of Maharashtra v. Madhukar Narayan
D) Mohd. Ahmed Khan v. Shah Bano Begum

✅ Answer: B) D.K. Basu v. State of West Bengal

Q4. Which principle did the Supreme Court establish in Sanjay Chandra v. CBI?
A) Jail is the rule, bail is the exception
B) Bail is the rule, jail is the exception
C) Bail is granted only for non-bailable offenses
D) Bail cannot be granted in economic offenses

✅ Answer: B) Bail is the rule, jail is the exception

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3️⃣ Trial & Quashing of Cases

Q5. Which section of Cr.P.C. gives the High Court power to quash criminal proceedings?
A) Section 482
B) Section 437
C) Section 320
D) Section 164

✅ Answer: A) Section 482

Q6. The Bhajan Lal case is related to:
A) Bail conditions
B) Speedy trial rights
C) Quashing of FIRs
D) Arrest without warrant

✅ Answer: C) Quashing of FIRs

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4️⃣ Speedy Trial & Plea Bargaining

Q7. The right to a speedy trial was established in which case?
A) A.K. Gopalan v. State of Madras
B) Hussainara Khatoon v. State of Bihar
C) Maneka Gandhi v. Union of India
D) Shreya Singhal v. Union of India

✅ Answer: B) Hussainara Khatoon v. State of Bihar

Q8. Plea bargaining applies to:
A) Heinous crimes like murder and rape
B) Economic offenses only
C) Cases where the punishment is below 7 years
D) All criminal cases

✅ Answer: C) Cases where the punishment is below 7 years

2. Historical Background

• First enacted in 1861, the Cr.P.C was revised in 1898.

• The 1898 Code was replaced by the Cr.P.C, 1973, which came into force on 1st April 1974.

• It is applicable to the whole of India, except the State of Jammu & Kashmir (before Article 370 abrogation), and now uniformly across the country.

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3. Structure of Cr.P.C

The Cr.P.C consists of:

• 2 Schedules

• 37 Chapters

• 484 Sections

Important Parts of the Code:

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4. Important Definitions (Section 2)

• Cognizable Offence – Police can arrest without warrant (e.g., murder, rape).

• Non-Cognizable Offence – Police need prior approval from magistrate (e.g., defamation).

• Bailable Offence – Bail is a matter of right.

• Non-Bailable Offence – Bail is not a matter of right; discretion lies with court.

• Investigation – Process of collection of evidence by police.

• Inquiry – Judicial proceeding before trial.

• Trial – Adjudication of guilt/innocence before court.

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5. Types of Criminal Courts (Section 6)

1. High Courts

2. Sessions Courts

3. Judicial Magistrates (First Class & Second Class)

4. Chief Judicial Magistrate

5. Metropolitan Magistrates (in metro cities)

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6. Classification of Offences

• Summons Cases – Less serious offences, max punishment ≤ 2 years.

• Warrant Cases – Serious offences, punishment > 2 years.

• Sessions Cases – Triable by Court of Sessions, often with punishments > 7 years, life imprisonment or death penalty.

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7. Arrest (Sections 41–60A)

Key Provisions:

• Section 41 – Police can arrest without warrant in cognizable offences.

• Section 46 – Mode of arrest (with or without physical restraint).

• Section 50 – Arrested person must be informed of grounds.

• Section 57 – No person can be detained for more than 24 hours without magistrate’s permission.

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8. FIR and Investigation (Sections 154–176)

• Section 154 – First Information Report (FIR) is lodged in cognizable cases.

• Section 156 – Police have power to investigate cognizable offences.

• Section 161 – Statement of witnesses by police.

• Section 164 – Confessions and statements recorded by magistrates.

• Section 173 – Completion of investigation and filing of charge sheet.

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9. Cognizance of Offences (Section 190)

A Magistrate can take cognizance of offences:

• On complaint

• On police report (FIR)

• On own knowledge or information

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10. Bail (Sections 436–439)

Key Sections:

• Section 436 – Bail in bailable offences (mandatory).

• Section 437 – Bail in non-bailable offences (court discretion).

• Section 438 – Anticipatory Bail (when person anticipates arrest).

• Section 439 – Powers of High Court and Sessions Court to grant bail.

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11. Maintenance (Section 125–128)

Provides for monthly maintenance to:

• Wife (even divorced wife)

• Children

• Parents

Magistrate can grant up to Rs. 500 or more (subject to amendment) to avoid destitution.

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12. Types of Trials in Cr.P.C

1. Sessions Trial – For serious offences (Sections 225–237)

2. Warrant Trial – For offences with punishment > 2 years (Sections 238–250)

3. Summons Trial – For minor offences (Sections 251–259)

4. Summary Trial – For petty cases (Sections 260–265)

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13. Compounding of Offences (Section 320)

Some offences can be compounded (settled) between parties:

• Without court’s permission – e.g., adultery, defamation.

• With court’s permission – e.g., voluntarily causing hurt.

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14. Appeals and Revisions

• Section 372 – Right to appeal against conviction or acquittal.

• Section 397–401 – Revision powers of High Court or Sessions Court.

• Section 406 – Power of Supreme Court to transfer cases.

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15. Landmark Judgments on Cr.P.C

1. Lalita Kumari v. Govt. of UP (2013)

• Held: FIR is mandatory when information discloses a cognizable offence.

• FIR can’t be refused on the ground of preliminary inquiry.

2. D.K. Basu v. State of West Bengal (1997)

• Laid down guidelines for arrest and detention to prevent custodial torture.

• Arrest memo, legal aid, and family intimation made mandatory.

3. State of Haryana v. Bhajan Lal (1992)

• Provided grounds for quashing FIR under Section 482 Cr.P.C.

4. Joginder Kumar v. State of UP (1994)

• Held: Arrest is not mandatory unless necessary for investigation or trial.

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16. Important MCQs for AIBE

1. Under which section is an FIR recorded?
   A. Section 155
   B. Section 154 ✅
   C. Section 156
   D. Section 160

2. Which section provides for anticipatory bail?
   A. Section 436
   B. Section 437
   C. Section 438 ✅
   D. Section 439

3. Who can grant anticipatory bail?
   A. Magistrate
   B. Sessions Court/High Court ✅
   C. Police
   D. Supreme Court only

4. Section 125 Cr.P.C deals with:
   A. FIR
   B. Arrest
   C. Maintenance of wife, child, parents ✅
   D. Search and seizure

5. How long can police detain a person without a magistrate’s permission?
   A. 12 hours
   B. 24 hours ✅
   C. 36 hours
   D. 48 hours

17. Conclusion

The Criminal Procedure Code (Cr.P.C) is the lifeblood of the criminal justice system. It ensures that criminal law is not just applied, but applied in a fair and systematic way. Understanding the Cr.P.C is critical for aspiring lawyers and law enforcement officers as it governs every step from investigation to trial, appeals, and execution of punishment.

For AIBE aspirants, mastering procedural law through Cr.P.C gives clarity on real-world court processes and is often heavily tested in exams. Focus on Sections, case laws, and trial procedures to score well. Check More information on free legal aid.