This document discusses key aspects of criminal law and procedure in India. It begins by outlining the main laws governing criminal matters - the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act. It then classifies crimes as civil or criminal, and based on warrant and bail. Examples are provided of civil and criminal offenses. The document goes on to describe the court system in India from the Supreme Court down to magistrates. It also covers criminal sentences, double jeopardy, and concepts like bailable/non-bailable offenses. Finally, it provides details on the process of inquest in cases of unnatural death.

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2.  INDIAN PENAL CODE (IPC) 1860: deals with the
criminal laws in India
 CRIMINAL PROCEDURAL CODE (Cr.P.C) 1973:
deals with the legal procedures in various
criminal matters
 INDIAN EVIDENCE ACT (I.E.A) 1872: deals with
laws of evidence which is applied in judicial
proceedings
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3.  A breach of a law or rule or an illegal act
CLASSIFICATION:
1. Based on type
 Civil
 Criminal
2. Based on warrant
 Cognizable
 Non cognizable
3. Based on bail
 Bailable
 Non- bailable
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4.  Civil law: deals with the disputes between
individuals, organizations, or between the
two, in which compensation is awarded to the
victim.
 Examples: Landlord/tenant disputes, divorce
proceedings, child custody proceedings,
property disputes, personal injury, etc.
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5.  Criminal Law: This law is related with
offenses, which are considered to be against
the public interest; offences against the
person, property, public safety, etc.
 Examples: Theft, assault, robbery, murder
etc.
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7. A body of people presided over by a judge,
judges, or magistrate, and acting as a tribunal in
civil and criminal cases
COURTS OF LAW:
 Civil
 Criminal
JURY: group of responsible, educated people of
good social position, who assist the judge in
deciding a case.
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9.  It is the highest judicial tribunal in India.
 Located at New Delhi
 The law and directions by it is binding in all
courts in India
 Presided over by Chief Justice Of India
 Judges are appointed by President of India.
 Penal power – Any sentence authorized by
law
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10.  It is the highest judicial tribunal in the state.
 Judges are appointed by President of India.
 Presided over by Chief Justice Of State.
 Penal power – Any sentence authorized by
law
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11.  Located in every District
 Penal power – Any sentence authorized by law.
 Death sentence should be confirmed by High
Court
 Judges are appointed by the State government
 Presided over by District Sessions Judge
appointed by High Court
 Additional Sessions court and Additional Sessions
Fast track courts
 Assistant Sessions court – penal power –
Imprisonment upto 10 years +/- unlimited Fine
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12.  Judicial Magistrates are appointed by the
High Court
a. Chief Judicial Magistrate
b. First Class Judicial Magistrate
c. Second Class Judicial Magistrate
d. Metropolitan magistrates – Chief
Metropolitan and Metropolitan Magistrate
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14.  Judicial or Metropolitan magistrates
appointed for a special purpose
 EG: JUVENILE COURT – courts established to
try juvenile cases when the age of the
accused is <18 years
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15. SENTENCES AUTHORIZED BY LAW(S.53, IPC):
i. Death
ii. Imprisonment for life
iii. Imprisonment- rigorous(hard labor), simple
iv. Fine
DOUBLE JEOPARDY:
No person can be punished and prosecuted for
the same offence more than once.
Capital Punishment
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16.  Capital punishment means the death
sentence
 Methods of capital punishment:
1. Hanging
2. Electrocution
3. Lethal injection (I/V Na-thiosulphate)
4. Gas chamber
5. Garroting
6. Guilotine
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18.  Bailable – offences in which bail can be
granted
 Eg: rash and negligent act (304 A)
 Non-bailable - offences in which bail can be
granted
 Eg: murder (302 IPC) , dowry deaths (304 B
IPC)
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19.  Compoundable offences - Those offences where,
the complainant (one who has filed the case, i.e.
the victim), enter into a compromise, and agrees
to have the charges dropped against the accused
 Eg: Criminal breach of contract of service
 Non-Compoundable offences - There are some
offences, which cannot be compounded.
 The reason for this is, because the nature of
offence is so grave and criminal, that the Accused
cannot be allowed to go scot-free
 Eg: rape
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20.  Inquest is a primary inquiry or
investigation into the cause of an
unnatural, sudden or suspicious death.
 Types of inquest:
1. The Police Inquest
2. The Magistrate’s Inquest
3. The Coroner’s Inquest
4. Medical Examiner’s Inquest
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21.  Done by police officer not below the rank of
SI . Also known as Investigative Officer (IO).
 At first police officer receives information
about an unnatural death from an area
 Then he informs to nearest executive
magistrate and go to the place of death
 He conducts an inquiry into the cause of such
death in presence of two or more witnesses
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22.  He prepares a report about the cause of
death as judged by him and the witnesses.
 Then the report is signed by him and the
witnesses present.
 If no foul play is suspected, the body is
released for disposal
 If foul play is suspected, the body is sent for
the post mortem examination to the nearest
authorized govt. Doctor, together with a
requisition and a copy of inquest
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23. SUDDEN DEATH OCCURS
IO INFORMS MAGISTRATE
REACHES CRIME SCENE
CONDUCTS INQIRY
MAKES INQUEST REPORT WITH HELP
OF PANCHAS
REPORT SIGNED BY IO AND PANCHAS
NO FOUL PLAY - DEATH
CERTIFICATE ISSUED FOUL PLAY SUSPECTED – SENT FOR
PM
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24.  Done by magistrate.
 JUDICIAL MAGISTRATE’S INQUEST:
i. Death in prison
ii. Death in police custody inside a PS
iii. Encounter deaths
iv. Deaths in psychiatric hospitals
v. Deaths of juvenile in brostals/remand homes
 EXECUTIVE MAGISTARTE INQUEST:
i. Exhumations
ii. Dowry deaths
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25.  Done by coroner in case of unnatural death
within his territorial limits.
 Coroner –is a lawyer or medical man with
legal qualification of the rank of first class
magistrate , appointed by the Govt. to hold
an inquiry or investigation of cases suspected
as unnatural, sudden & suspicious death in his
jurisdiction.
 It is found in UK and some states in USA and
some other countries.
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26.  It is an inquiry into the cause of death
conducted by a medical examiner.
 Medical examiner – legally and medically
qualified expert
 He visits the scene of crime and conducts
postmortem.
 Best inquest system.
 Practiced in Japan, Canada and most states
in USA.
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27.  Time and police station
 Particulars of the victim:
i. Name
ii. Age
iii. Family details
iv. Residence
v. Religion
vi. Occupation
 Details of the witnesses
 Place where the dead body was found
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28.  Description about the case:
i. Position of the body:
ii. About surroundings:
iii. Apparent injuries and marks on the body:
iv. Description of the clothes and other articles
found near the body:
 Opinion of the witness as to the cause of
death
 Opinion of the police officer as to the cause
of death
 Signature of the witness (atleast two)
 Signature of the police officer.
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29.  A document compelling the attendance of a
witness in a court of law under penalty on a
particular day, time and place for the
purpose of giving evidence.
 Types:
 On nature of court – a) civil b)criminal
 Documents requirement:
a) Subpoena ad testificandum
b) Subpoena duces tecum
 Punishment: Imprisonment upto 6months
+/- Fine Rs.1000
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31.  Money paid to a witness to meet his expenses
for attending the court.
CIVIL CASES:
 At the time of service of summons.
 Can demand his expenses at the end of his
evidence.
 The party which calls the doctor pays.
 The judge decides the amount to be paid.
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32. CRIMINAL CASES:
 No money is paid at the time of service of
summons.
 If he is a doctor in private practice, he may
request the court for conduct money at the
end of his evidence.
 If he is a government doctor, paid by his office.
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