Part B) Write Short Notes (Marks 4) (Solve Any 2)

a) Search Warrants

A search warrant is a legal document issued by a magistrate or a judge authorizing law enforcement authorities to
conduct a search of a specified location or premises to gather evidence related to a criminal investigation. Form
number 11 is for the search of any particular place which is the suspected place of deposit.The application for a
search warrant must specify the place to be searched and the items sought. It should demonstrate the existence of
reasonable grounds for the search

Purpose: The primary purpose of a search is to find and collect evidence that may be used in the investigation or
prosecution of a criminal offence.
Procedure: The CrPC outlines specific procedures for conducting searches, including the presence of independent
witnesses and the preparation of detailed records, such as panchanama and sketches.

Search warrants are issued -

for production of a document or thing, (section 93)
for search of a house suspected to contain stolen property, forged documents, etc, (section 94)
for seizing any forfeited publications, (section 95 and 96) and
for discovery of persons wrongfully confined(section 97).

In the case of V. S. Kuttan Pillai v. Ramakrishnan, the procedural validity of search warrants was upheld, in which
it was held that a search for the premises occupied by the accused did not in any way force him to provide evidence
against himself and was thus not in violation of Article 20(3) of the Indian Constitution

Matajog Dobey vs. H.C. Bhari: The court’s decision highlighted that when statutory provisions related to searches
are not followed, the credibility of the evidence supporting the search may be diminished. However, it also noted
that the defendant may provide sufficient reasons for non-compliance with these provisions.

Thus search warrants under the CrPC provide a legal framework for law enforcement authorities to gather evidence
during criminal investigations while upholding the rights of individuals and ensuring accountability and
transparency in the search process. The Code of Criminal Procedure lays down the general rules that need to be
followed in case of search, seizure and production of materials.

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b) Cognizable offences

Offence, as defined by Merriam Webster Law Dictionary, is something that outrages moral or physical senses. It
refers to an illegal act or crime that is punishable in nature and against which a complaint can be registered by
police or magistrate.Criminal offences are divided into different types according to their seriousness, character, and
the processes used in their investigation and trial.

Bases on the aforementioned criteria, offences can be divided into two categories:
cognizable offences and non-cognizable offences. The degree of police involvement, the
procedure for making an arrest, and the progress of the legal process are all influenced by these classifications.

Section 2(c) of the Criminal Procedure Code (1973), defines a cognizable offence. According to the definition given
in the Code, such offences are those where the police are empowered to make an arrest of the accused without a
warrant or permission from the magistrate. These offences are more serious and heinous.

Examples of such offences are rape, murder, abduction, theft, kidnapping, etc. These offences create a threat to
society and disturb the peace and harmony therein.

The investigation procedure for cognizable offences is outlined in Section 156 of the CrPC.Police officers have the
authority to arrest without a warrant and initiate an investigation upon the lodging of an FIR (First Information
Report), without magistrate permission.Cognizable offences may be bailable or non-bailable depending on the
nature of the offense and the discretion of the court.
Punishments for cognizable offences typically exceed three years and may include life imprisonment or the death
penalty.

In Cases consisting of both Cognizable and Non-Cognizable Offences-

According to Section 155(4) of the Criminal Procedure Code, when two or more offenses are there in a case, of
which at least one is of cognizable nature, and the other of non-cognizable nature, then the entire case has to be
dealt with as a cognizable case, and the investigating officer will have all the powers and authority as he has in
investigating a cognizable case.

Case laws- Veerappan vs state of Karnataka, Ajmal Kasab vs State of Maharashtra.

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 c) Difference between Bailable and Non Bailable Offences

De nition Offences that are considered less serious in nature and Offences that are considered more serious in nature
for which bail is a matter of right. and for which bail is not a matter of right.

Bail A person accused of a non-bailable offence may be

A person accused of a bailable offence is entitled to bail
granted bail, but it is not a matter of right and depends
as a matter of right, and can apply for bail either before
on the discretion of the court. Bail can only be applied
or after arrest.
for after arrest.

Arrest The police can arrest a person accused of a bailable

The police can arrest a person accused of a non-
offence, but they are required to inform the accused of
bailable offence without a warrant and must produce
their right to bail and must release the accused on bail if
the accused before the court within 24 hours.
the conditions for bail are met.

Court
Proceedings In the case of bailable offences, the accused can be In the case of non-bailable offences, the accused may
released on bail as a matter of right, and the court can not be granted bail, and the court cannot proceed with
proceed with the trial even if the accused is not present. the trial unless the accused is present.

Bail Amount
There is usually no requirement for a monetary deposit In non-bailable offences, the court may require a
for bail in bailable offences. monetary deposit as a condition for granting bail.

Police Powers In non-bailable offences, the police have no authority

In bailable offences, the police can grant bail to the
to grant bail, and the accused can only apply for bail in
accused at the station itself.
court.

Examples Examples of bailable offences include offences such as

Examples of non-bailable offences include offences
simple hurt, theft, and mischief causing damage to
such as murder, rape, and kidnapping.
property.

d) Rights of the accused person-

Need for rights-

The Indian legal system depends on the concept of “innocent till proven guilty.” The arrest of a person can violate
Article 21 of the Constitution, which states, “no person shall need his right to life and personal liberty except a
procedure established by law.” The procedure must be fair, transparent, and not casually or repressive.

Rights of an arrested person in India:

• The Right to Be Informed:

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fi
Every arrested person in India has the right to be informed about the grounds of their arrest, as per Section 50 of the
Criminal Procedure Code (CrPC). This section ensures that individuals are aware of the charges against them,
allowing them to understand the reasons for their arrest. Being informed about the grounds of arrest is fundamental
to preventing arbitrary detention and ensuring transparency in the legal process.

Relevant Case:
D.K. Basu v. State of West Bengal (1997) highlighted the importance of this right and established guidelines under
Section 41D of the CrPC, emphasising the right to be informed about the grounds of arrest. The case also outlined
procedures to be followed during arrest, ensuring the protection of individual rights.

• The Right to Legal Representation:

The right to legal representation is enshrined in Article 22(1) of the Indian Constitution. This fundamental right
ensures that an arrested person can consult and be defended by a legal practitioner of their choice. This right is
essential for safeguarding the interests of the accused, allowing them to present their case effectively in court.

Relevant Case:
While there is no specific single case that establishes this right, various cases in Indian courts, including Gideon v.
Wainwright (1963) in the United States, have emphasised the fundamental nature of the right to legal representation,
reinforcing its importance in the Indian legal system.

• The Right to Remain Silent:

The right to remain silent is based on the principle that no person can be compelled to be a witness against
themselves, as per Article 20(3) of the Indian Constitution. This right allows the accused to avoid self-incrimination
and ensuresthat they are not forced to provide evidence that could be used against them during the legal
proceedings.
Relevant Case:
Nandini Satpathy Vs. P.L. Dani (1978), a significant case in Indian jurisprudence, clarified that no person accused
of an offence shall be compelled to be a witness against themselves, reiterating the importance of the right to remain
silent.

• The Right to Bail:

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Bail is governed by Sections 436 to 450 of the CrPC and ensures that a person arrested is not held in custody
indefinitely before their trial. However, this right is not absolute and depends on various factors, including the
nature and severity of the offence, the likelihood of the accused fleeing, and the potential threat posed by releasing
the accused.
Relevant Case:
Arnesh Kumar v. State of Bihar (2014) emphasised that arrest in a routine manner in non-bailable cases should be
avoided, underlining the need to protect personal liberty and stating that arrest should not be made in a mechanical
manner without proper justification, reinforcing the right to bail.

• The Right to Humane Treatment:

Every arrested person has the right to be treated with dignity and respect during detention, as per Section 50(1) of
the CrPC. This section ensures that individuals, including the accused, are not subjected to any form of physical or
mental abuse while in custody, upholding the basic human rights of the accused.
Relevant Case:
D.K. Basu v. State of West Bengal (1997) outlined guidelines to prevent custodial torture and deaths, ensuring
humane treatment. These guidelines, incorporated into Section 41B of the CrPC, emphasise the importance of
humane treatment and dignity for arrested persons.

• The Right to Medical Examination:

An arrested person has the right to a medical examination under Section 54 of the CrPC to document any injuries
sustained during custody. This right ensures that any injuries or signs of abuse are documented, serving as evidence
if mistreatment is suspected.
Relevant Case
Sheela Barse v. State of Maharashtra (1986) emphasised the necessity of medical examination of female
prisoners and detainees to prevent abuse, reinforcing the importance of medical examination to prevent custodial
abuse.

• The Right to Speedy Trial:

The right to a speedy trial is fundamental to ensuring a fair and just legal process. Article 21 of the Indian
Constitution guarantees the right to life and personal liberty, including the right to a speedy trial, and ensures that
the delay in legal proceedings does not unduly prejudice the accused.

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Relevant Case:
Hussainara Khatoon v. State of Bihar (1980) led to significant guidelines to protect the right to a speedy trial,
emphasising that a speedy trial is an integral part of the fundamental right to life and liberty guaranteed under
Article 21 of the Indian Constitution.

Conclusion -

These rights, outlined within specific sections of the Criminal Procedure Code and supported by constitutional
provisions, collectively safeguard the interests and dignity of arrested persons in India, ensuring that they are treated
justly and fairly within the legal system.

Under the Constitution, the arrested person’s rights are to grant the accused person some fundamental rights for
safety and living. Ultimately, we all are citizens of Indian society, and our protection is the responsibility of the
police authorities, no matter if a person is held against the bar. All these rights will protect the accused, or arrested
ones who may have or have not done an evil deed is a matter of concern, but their safety is the initial one.

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