Criminal Procedure – Advanced Issues
Criminal Procedure Law in India is governed primarily by the Code of Criminal Procedure, 1973 (CrPC), which deals with the machinery for investigation, inquiry, trial, and appeals in criminal cases. Advanced issues arise when procedural norms intersect with fundamental rights, constitutional principles, and practical challenges in law enforcement.
1. Anticipatory Bail – Section 438 CrPC
Concept
Anticipatory bail allows a person to seek bail in anticipation of arrest for non-bailable offences, to protect them from unjust or arbitrary arrest.
Key Points
Must be applied before arrest.
Court has discretion to grant bail on reasonable apprehension of arrest.
Conditions can be imposed.
Supreme Court has developed guidelines balancing liberty with investigation needs.
Important Case Law
1. Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
Facts: The petitioner sought anticipatory bail fearing false allegations.
Holding: The Supreme Court recognized anticipatory bail as a constitutional safeguard under Article 21 (Right to Life and Liberty).
Principle: The Court held that anticipatory bail is discretionary and must be granted based on the facts of the case and possibility of misuse of process.
2. Investigation and Police Powers – Sections 154, 161, 162 CrPC
Concept
FIR registration under Section 154 is the first step in investigation.
Police has power to record statements (Section 161).
Confessions to police (Section 162) are inadmissible except to guide investigation.
Important Case Law
2. State of U.P. v. Amarmani Tripathi, (2005) 8 SCC 21
Facts: Issues regarding police investigation and admissibility of evidence obtained during investigation.
Holding: The Supreme Court emphasized that statements made to police under Section 161 CrPC are not substantive evidence but can be used to corroborate testimony.
Principle: The investigation must be free from coercion, and confessions made to police are inadmissible as evidence.
3. Quashing of FIR and Criminal Proceedings – Section 482 CrPC
Concept
High Courts have inherent power to quash FIRs or criminal proceedings to prevent abuse of process or unfair prosecution.
Important Case Law
3. Lalita Kumari v. Government of U.P., (2014) 2 SCC 1
Facts: Guidelines for registration of FIRs.
Holding: The Supreme Court laid down mandatory guidelines for police to register FIRs on cognizable offences.
Principle: While FIR must be registered immediately on information, the Court clarified conditions under which FIRs or proceedings can be quashed to protect citizens.
4. Plea Bargaining – Sections 265A to 265L CrPC
Concept
Introduced in 2005, plea bargaining allows accused to plead guilty in certain offences, resulting in a negotiated settlement.
Important Case Law
4. State of Punjab v. Jasvir Singh, (2015) 7 SCC 641
Facts: The Supreme Court clarified that plea bargaining is an alternative method of settlement for certain offences.
Holding: The Court emphasized that plea bargaining is not available for offences punishable with death or life imprisonment.
Principle: The plea bargaining procedure should be voluntary and informed; it aids in reducing burden on courts and speedy disposal.
5. Trial Procedure and Fair Trial – Section 207, 227, 239 CrPC
Concept
Section 207: Disclosure of police report to accused.
Section 227: Discharge of accused at the stage of framing charges.
Section 239: Discharge of accused in warrant trials after hearing.
Important Case Law
5. State of Rajasthan v. Balchand, AIR 1977 SC 2447
Facts: Whether an accused should be discharged at the stage of framing charges.
Holding: The Supreme Court held that the court must be careful in discharging accused at preliminary stages and should discharge only when no prima facie case is made.
Principle: The court exercises limited jurisdiction at framing stage; no detailed examination of evidence is required.
Summary Table
| Topic | Section(s) CrPC | Key Case Law | Principle |
|---|---|---|---|
| Anticipatory Bail | 438 | Gurbaksh Singh Sibbia v. Punjab | Protection from arbitrary arrest under Article 21 |
| Investigation Powers | 154, 161, 162 | State of U.P. v. Amarmani Tripathi | Statements to police are not substantive evidence |
| Quashing FIR | 482 | Lalita Kumari v. Govt. of U.P. | Guidelines for mandatory FIR registration and quashing |
| Plea Bargaining | 265A–265L | State of Punjab v. Jasvir Singh | Voluntary plea bargaining for certain offences |
| Trial & Discharge | 207, 227, 239 | State of Rajasthan v. Balchand | Discharge only if no prima facie case at charge framing stage |
Additional Advanced Issues Worth Mentioning
Section 41 CrPC — Arrest without warrant and procedural safeguards.
Section 91 CrPC — Power to summon documents and witnesses.
Section 173 CrPC — Final report by police after investigation.
Section 313 CrPC — Examination of accused during trial.
Section 375 and 376 IPC procedural safeguards in sexual offences — special procedures, recording of evidence, victim protection.
Conclusion
Advanced criminal procedure involves a balance between effective investigation and safeguarding constitutional rights. Indian courts have progressively shaped the law through jurisprudence that protects individual liberty, ensures fair trial, and mandates procedural fairness during investigation and trial.
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