📋 Previous Year Questions — Chapter 1
2018–24
Define and distinguish between "Inquiry" and "Investigation" under CrPC with case laws. HOT
Explain structural hierarchy and sentencing powers of Criminal Courts. Can CJM pass life imprisonment? SURE
What is "taking cognizance"? Discuss conditions for initiation of proceedings by a Magistrate.
Key Definitions
CrPC — Purpose: The Code of Criminal Procedure is the premier procedural law regulating investigation of crime, apprehension of suspects, collection of evidence, determination of guilt, and imposition of punishment. It is the machinery for enforcement of substantive criminal law (IPC/BNS).
Criminal Court Sec 6
Classes: Courts of Session, Judicial Magistrates 1st Class (incl. Metropolitan), Judicial Magistrates 2nd Class, and Executive Magistrates.
Cognizance Judicial Interpretation
Judicial notice of an offence — when a Magistrate applies his mind to facts for the purpose of initiating proceedings under Chapter XIV.
Inquiry Sec 2(g)
Every inquiry other than a trial, conducted by a Magistrate or Court. Judicial nature — conducted to verify facts before trial.
Investigation Sec 2(h)
All proceedings for collection of evidence by a police officer or authorized person. Administrative/executive in nature.
Complaint Sec 2(d)
Any allegation made orally or in writing to a Magistrate to take action; does NOT include a police report.
Police Report / Charge Sheet Sec 2(r)
Report forwarded by police officer to Magistrate under Section 173(2) after investigation.
FIR Sec 154
First Information Report — earliest information recorded by officer-in-charge of police station regarding a cognizable offence. Not defined in CrPC but governed by Section 154.
Hierarchy of Criminal Courts — Tree
HIERARCHY OF CRIMINAL COURTS IN INDIA
Supreme Court of India
Apex court. Final appellate jurisdiction in all criminal matters. Death sentence confirmation not required here but review lies.
High Court of the State
Constitutional criminal court. Confirms death sentences. Appellate, revisional & reference jurisdiction.
Court of Session
Sec 9
Sessions/Addl. Sessions Judge. Can award any sentence including death (subject to HC confirmation). Original + appellate jurisdiction.
Chief Judicial Magistrate (CJM)
Sec 11
Max sentence: 7 years. Controls and supervises all Judicial Magistrates in the district.
Chief Metropolitan Magistrate (CMM)
Sec 12
Metropolitan area equivalent of CJM. Same powers as CJM.
JMFC — 1st Class
Sec 29
Max: 3 years + fine up to ₹10,000. Most trials conducted here.
JMSC — 2nd Class
Sec 29
Max: 1 year + fine up to ₹5,000. Limited trial jurisdiction.
Executive Magistrate
Sec 20–23
Law & order function. DM, ADM, SDM. Not for conducting criminal trials.
Classification of Judicial Proceedings — Tree
JUDICIAL PROCEEDINGS UNDER CrPC
Investigation
Sec 2(h)
By Police / authorized person. Executive nature. Ends in Charge Sheet or Final Report (Sec 173). Never ends in conviction.
Inquiry
Sec 2(g)
By Magistrate / Court. Judicial nature. Ends in discharge, commitment, or dismissal. Never in conviction.
Trial
Judicial Dictum
By competent Court. Judicial nature. Begins after charge is framed. Ends in Conviction or Acquittal.
Comparison: Inquiry vs Investigation
| Basis | Inquiry (Sec 2(g)) | Investigation (Sec 2(h)) |
|---|
| Meaning | Magistrate/Court proceeding to verify facts before trial | Police proceeding for collection of evidence |
| Nature | Judicial proceeding | Administrative / executive proceeding |
| Conducted by | Magistrate or Court | Police officer or authorized person |
| Procedure | Examination of witnesses on oath; evaluation of documents by judge | Crime scene visit, arrest of suspects, seizure of property |
| Legal Effect | Ends in discharge, commitment, or dismissal — never conviction | Ends in Charge Sheet or Final Report under Sec 173 |
| Key Case | Hardeep Singh v. State of Punjab (2014 SC) | State of Bihar v. J.A.C. Saldanha (1980 SC) |
Separation of Judiciary from Executive
Constitutional Mandate — Article 50: Judicial Magistrates are placed under administrative control of the High Court (impartial trials). Executive Magistrates are placed under the State Government (law & order). This separation is embodied in Sections 6 and 20–23 CrPC.
Sentencing Power Chart Sec 28–29
- High Court / Sessions Judge: Any sentence authorized by law (death subject to HC confirmation)
- CJM / CMM: Up to 7 years + any fine
- JMFC / MM: Up to 3 years + fine up to ₹10,000
- JMSC: Up to 1 year + fine up to ₹5,000
Metropolitan Areas Sec 8
- Areas with population > 1 million declared as Metropolitan Areas
- Judicial Magistrate → Metropolitan Magistrate
- CJM → Chief Metropolitan Magistrate
- Same powers; different designation
Landmark Cases
R.R. Chari v. State of Uttar Pradesh (1951) — Supreme Court
Facts: Appellant challenged criminal proceedings arguing Magistrate had not legally applied his mind to take cognizance of the offence. Held: Taking cognizance does not involve any formal action but occurs the moment a Magistrate applies his mind to the suspected commission of an offence for purpose of proceeding under CrPC. Ordering investigation under Sec 156(3) is NOT taking cognizance.
Hardeep Singh v. State of Punjab (2014) — Supreme Court
Facts: Dispute regarding power to summon a person not named in FIR as accused under Section 319 during inquiry or trial. Held: "Inquiry" covers every stage before trial begins (i.e., before charge framing). "Trial" begins only after charges are formally framed. The two terms are mutually exclusive and sequential.
Abdul Rehman Antulay v. R.S. Nayak (1992) — Supreme Court
Facts: Prosecution of former CM; issue of which court had jurisdiction to try corruption offences and fair trial scope. Held: The court emphasized strict adherence to the hierarchy under Sections 6 and 26, clarifying that specialized courts must respect fair-trial parameters of CrPC.
Latin Maxims
Nulla poena sine lege — No punishment without law
Ubi jus ibi remedium — Where there is a right, there is a remedy
Jura novit curia — The court knows the law
Actus me invito factus non est meus actus — Act done against will is not my act
