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.
📖 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.
📌 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.
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.
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.
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.
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.
📝 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.
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
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
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