TABLE OF ABBREVIATIONS XXI
ABBREVIATIONS OF REPORTS XXII
TABLE OF CASES XXVI
PART I : THE CONCEPTS
CHAPTER I : THE RULE OF LAW
Equality before the Law 4
What is Law 5
Dispensation of Justice and the Judge 8
The Judge and his task 8
English Judges and the Law 10
Department in Court 10
The Court and the Executive 11
The Court and the Parties 13
Duty of Courts 14
Function of a Judge 14
Judges, right to put questions to witnesses 15
Should a Judge come prepared with a case 15
Some Canons of Judicial ethics 16
The Court and the Counsel 17
Counsel's duty towards Court 18
The function of the Counsel 18
Duty of the prosecution 20
The Public Prosecutor or the District Government Counsel 21
The Counsel for Defence 21
Counsel at Government expense 22
Argument to be heard 23
Arguments to be oral and written 24
CHAPTER II : THE ADMINISTRATION OF JUSTICE
Civil and Criminal Justice 25
Wrongs-Civil and Criminal 26
Purposes of Criminal Justice 26
Punishment 27
The Judicial machinery (Criminal side) 30
Principles to measure punishment 34
Measure of Punishment 35
Circumstances to considered 36
CHAPTER III : JUDICIAL PRECEDENTS AND THEIR VALUE
Precedents are sources of Law 39
Persuasive Precedents 45
'Precedent' and 'obiter dicta' 46
Case-Law and How it should be dealt with in Judgments 47
Weight and Value of Reported Cases 48
PART II : THE SKILLS
CHAPTER IV : SYSTEMS APPROACH TO CRIMINAL JUSTICE
CHAPTER V : PREVENTIVE ORDERS
PREVENTIVE ORDER FOR SECURITY 60
Security for keeping the peace on conviction 60
The term and contents of the order 61
Security for keeping the peace in other cases 62
Scope 63
Nature 63
Territorial jurisdiction 66
Liability of surety 68
Security for dissemination of sedition or defaming Judge
Where action under Section 109, Cr. P.C. is proper 69
Security for good behaviour from habitual offenders
Scope and Object 72
General precautions in Preventive Orders 73
Nature of Preventive Proceedings 74
Whether the amount of bond ordered under Section 116(3)
can be reduced 74
PREVENTIVE ORDERS IN CASES OF PUBLIC NUISANCE 75
URGENT CASES ON NUISANCE OR APPREHENDED DANGER 76
Meaning of ''Persons'' 80
Long standing nuisances 80
The inquiry under Section 137, Cr.P.C. (Act II of 1974) 81
PREVENTIVE ORDERS IN DISPUTES AS TO IMMOVABLE PROPERTY 82
Scope of inquiry and procedure 86
Procedure 87
Nature of proceedings under Sections 145 & 146, Cr.P.C. 88
Recording evidence 90
The value of a police report 90
Exceptional jurisdiction 91
Order under Section 145 of the Code 91
Incurable defects 92
The final order 93
Orders under Section 146, Cr.P.C. 93
Conditions precedent for action under Sections 145 and 146 95
Orders in such proceedings 95
Order under Section 145 to precede order under Section 146 96
Possession contemplated 97
CHAPTER VI : COGNIZANCE OF OFFENCES BY MAGISTRATES AND THE CHARGE
Criminal offences-How entertained by courts 101
Scope of inquiry under Section 202, Cr.P.C. 103
Wide discretion to Magistrate entering complaint 104
Second complaint on same facts 105
Object of recording statement under Section 16A, Cr.P.C 105
The charge 106
What must the charge contain 107
Its form and requirements 107
Joinder of charges 109
What the charge must contain 110
Joinder of charges 113
Charge in the alternative 114
Joinder of accused 115
Where no charge has been framed 116
Alteration of charge 116
Consequence of alteration or amendment 117
Framing of charges under Sections 34 and 149, I.P.C. 118
Can charge under Section 149 be converted to one under
Section 34, I.P.C. 119
Non-framing of charge 119
CHARGES
Charges with one head 119
Charges with two or more heads 121
Charges for theft after previous conviction 122
CHAPTER VII : PRELIMINARY INQUIRY
Can the Sessions Court direct trial of accused not committed
by Magistrate 129
Pre-trial detention of accused 130
Police and complaint case in respect of the same offence : How to be
dealt with 130
CHAPTER VIII : TRIAL BEFORE MAGISTRATES
The record in a summons case 133
Procedure at the trial 134
The order 136
Non-appearance of complainant 136
Dismissal on non-appearance of complainant 136
Can a complainant withdraw a complaint against some of the
several accused persons in a summon-case 137
Law reform tendencies 138
In cases instituted on police report 139
The Charge 141
Right to cross-examine witnesses before charge 141
Entering on the defence 143
Absence of complainant 143
Certain offences only triable summarily 145
Sentences restricted 145
Procedure to be followed at Summary Trials 146
Object of restriction as to sentence 147
The record 147
The Judgment or Order 148
Trial of petty offences 149
Orders of Metropolitan Magistrates 150
CHAPTER IX : THE SESSIONS TRIAL
Judges, step by step guide to the trial before a Court of Session 153
Commencement of the trial 155
Who does a Trial Really Commence 158
Requirements of the opening address 160
The indictment 161
The plea of the accused 164
The concept of judicial evidence 165
Arguments 166
Noll prosecuie 167
The evidence for the prosecution 169
Examination of the accused 171
Early history 173
Applies to all trials 174
No oath to be administered 174
Written statement cannot take the place of examination under
Section 313, Cr.P.C. 175
Nature of questions to be put to accused 175
To be questioned if he would adduce evidence 176
The defence 177
Accused cannot even give evidence on behalf of prosecution 178
The right to reply by the prosecution 179
Oral arguments and memorandum of arguments 179
Judgment of acquittal or finding of guilt 180
Accused shall be heard on the point of sentence 181
CHAPTER X : SPECIAL PROCEDURE AT THE TRIAL IN CERTAIN CASES
Procedure in case of previous conviction 184
Procedure at trial of person to whom pardon has been tendered 186
Procedure where the accused does not understand the proceedings 190
Procedure in cases of accused being a lunatic 191
Procedure where a Magistrate cannot dispose of a case or cannot
pass proper orders 194
Procedure where Magistrate finds case should be committed 195
Procedure in cases of perjury or offences against public justice 196
The object and purpose of the law of contempt 202
Where a person refuses to answer or produce document 219
Procedure for punishment for non-attendance by witness 220
Procedure to be followed at the trial of counter-cases 220
Procedure where accused is absent at the trial 223
Petty offences 225
Procedure for issuing commissions for examination of witnesses 226
Procedure in case instituted under Section 192(2) 228
Set-off 230
CHAPTER XI : RULES OF EVIDENCE IN CRIMINAL CASES AND INTERPRETATION OF PENAL STATUTES
General Rules 235
Relevant Facts 237
Special Rules of Evidence 237
Medical evidence 237
Report of chemical or other authorised examiner 238
Test identification 239
Evidence on affidavits 239
No proof of certain documents 239
To prove previous conviction 240
Record of evidence in absence of accused or when
accused unknown 240
Interpretation of Statute Law 242
CHAPTER XII : THE RECORD OF THE CASE
The evidence-And how it should be recorded. Competency
of witnesses 246
Evidence to be on oath after excluding other witnesses 246
In the presence of the accused or his pleader 246
Record of Evidence 247
Record of Evidence in other cases 247
Mode of recording evidence 248
To be taken down in narrative form 249
Evidence to be read over to witness and understood
by accused 249
Reading over of the deposition to witness 250
In trials before High Court 251
Examination of the Accused-How to be Recorded 252
Full record of examination of accused 252
How to Record a Confession 253
A Solemn act 257
Recording a Dying Declaration 258
Dying declaration: What is 258
CHAPTER XIII : HOW TO ASSESS EVIDENCE AND DEAL WITH CONFESSIONS
Appreciation of evidence 261
Inference from facts-Absolute certainty not needed 261
Where particular care necessary 262
Witnesses attempting to reproduce conversation 263
Police witnesses 263
Testimony of a single eyewitness 264
Dying declaration as evidence 265
Dying declaration, its evidentiary value 266
Medical evidence 267
Presumptions on non-production of material evidence 268
Inferences on withholding of witnesses 268
Evidence of child witness 269
Expert evidence 270
Approver's evidence 271
Who is an accomplice 272
Confession of prisoner or of co-accused 273
Circumstantial evidence 273
Reports of Public Officials and Authorities 274
The First Information Report and its importance 274
The contents and use of the F.I.R. 275
The case diary 276
Use of previous statement as substantive evidence at the trial 276
How the Magistrate should proceed 278
Rules of appreciation 278
Evidence as to identification 279
Value of such evidence 280
Assessment of evidence in riot cases 282
Burden of proof 283
Benefit of doubt 283
Confessions and how they are to be dealt with 284
When admissible 285
Confession of a co-accused 287
Probative value of a confessional statement 287
In England 287
In U.S.A. 287
Need of caution 288
Value of retracted confession 288
PART III : ATTITUDES
CHAPTER XIV : THE LAW RELATING TO BAILS AND REMAND
Bail and Recognizance 291
Object of bail 291
Bail and its Amount 292
Offences Bailable and Non-bailable 296
Historical Perspective of Law of Bails 296
The Yardsticks to be Applied in Granting or Refusing bail 297
Power of Sessions Judge to grant bail 298
Where Bail Granted Earlier, should Magistrate take Accused into
Custody on Committal 299
Cancellation of bail 302
Forfeiture of Bonds 304
Discharge of Sureties 305
Anticipatory bail 305
Remand 309
CHAPTER XV : ORDERS IN CERTAIN SPECIAL CASES
Where accused is absent at the trial 314
Transfer of cases when necessary 315
Supreme Court power to transfer 318
Orders in cases where accused is a first offender or juvenile 320
Order as to imprisonment may be consecutive or concurrent 323
Where a sentence of death is passed by a Court of Session 324
Orders for disposal of property 324
Summoning material witnesses or examining a person present 326
Can an accused charged with abetment be convicted of the
substantive offence 327
CHAPTER XVI : MISCELLANEOUS
Where can a Court be held? 329
Court to be Open 330
Local inspection 332
Is co-accused a competent witness after separation of his trial 334
Fresh prosecution after order of discharge 335
Irregularities which vitiate proceedings 338
Control of cross-examination of witnesses by Court 339
Referred trials 341
Protection of members of Armed Forces from arrest 343
Service of summons on witnesses by post 343
Suspension of sentence appeal in bailable offences 343
Adjournment costs can be imposed on prosecution as well
as the accused 344
Limitation for taking cognizance of certain offences 345
CHAPTER XVII : JUDGMENT IN CRIMINAL CASES
Definition 348
Judgment to be formally pronounced 349
Judgment to be signed and pronounced in presence of accused 350
Judgment and order 351
Death of Judge after delivering judgment in open Court 351
Distinction between motive, intention and knowledge 351
Commencement 352
Statement of facts 352
Reason for the decision 353
To be complete by itself 354
Simplicity to be aimed at 355
Length or volume of judgment 355
Its style and language 356
Some common defects in judgments 356
Unusual requirements of the judgment of a Magistrate 357
CHAPTER XVIII : JUDGMENTS OF TRIAL COURTS
Local requirements 360
Contents of judgment 362
Points for determination 362
The decision thereon 363
Reasons for the decision 365
The standard of proof 365
Judgment-How to be written and pronounced 366
Delivery of judgment 366
A Successor Judge can pronounce judgment 367
A Successor Magistrate can also deliver judgment 368
When the judgment is complete 369
Procedure on delivery of judgment 370
Strictures in Court 370
CHAPTER XIX : APPELLATE JUDGMENTS
Form or memorandum of appeals 372
No dismissal in default 373
Calling for the record and the prisoner 373
Appellant to be given opportunity of being heard 374
Admitting appeal on question of sentence 374
Judgment on summary dismissal 374
Judgment in appeals 375
Where and when to interfere 376
Appeal from acquittal 377
Appellate powers in orders of acquittal 379
Appeals from conviction 380
Attendance of appellant at delivery of judgment 381
Revisional orders 381
Illustrations of interlocutory orders 384
Illustrations of final orders 387
Second revision : When not maintainable 388
Second revision : When maintainable 390
Revisional powers : Scope of 391
When further enquiry to be ordered 392
References 393
Remarks about Subordinate Courts 394
Principles for expunging of remarks from judgments 394
APPENDIX A
Constitution and Powers of Criminal Courts and Offices 396
APPENDIX B
Forms Relating to Preventive Orders 411
APPENDIX C
Ordinary Powers of State Magistrates 419
SUBJECT INDEX 423