CODE OF CRIMINAL PROCEDURE
SECTIONS 31 – 39
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams
CODE OF CRIMINAL PROCEDURE EXPLAINED
The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:
CODE OF CRIMINAL PROCEDURE
Conviction of several offences: Section 31
- When a person is convicted at one trial of two or more offences:
- Court may sentence him to several punishments
- Such punishments when consisting of imprisonment
- shall commence the one after the expiration of the other
- unless the Court directs that such punishments shall run concurrently
In case of consecutive sentences:
- it shall not be necessary for the Court
- to send the offender for trial before a higher Court
- by reason only of the aggregate punishment for several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence
But in such a case:
- The offender shall not be sentenced
- to imprisonment for more than fourteen years
- The aggregate punishment
- shall not exceed twice the punishment which that Court is competent to inflict for single offence
DLA NOTE
In case of a Chief Judicial Magistrate:
- He can sentence an accused in one trial to imprisonment of upto 14 years for multiple offences
- though for an individual offence he can sentence him only upto 7 years.
In case of a Judicial Magistrate First Class:
- He can sentence an accused in one trial to imprisonment of upto 6 years for multiple offences
- though for an individual offence he can sentence him only upto 3 years.
CHAPTER IV
Powers of superior officers of police: Section 36
- Police officers superior in rank
- to an officer in charge of a police station
- may exercise same powers throughout their area
- as may be exercised by such officer in his area
Public to assist Magistrates and police: Section 37
- Every person is bound to assist a Magistrate or police officer
- reasonably demanding his aid
- in taking or preventing escape of any person or
- in prevention or suppression of a breach of peace or
- in prevention of any injury to railway, canal, telegraph or public property
DLA NOTE
Consequence of non-compliance with the requirement of section 37 CrPC:
Section 187 IPC
- Whoever being bound by law to render assistance to a public servant
- intentionally omits to give such assistance
- shall be punished
- with simple imprisonment upto one month or fine upto 200 rupees or both
- if such assistance is demanded by a public servant
- for executing any process issued by a Court of Justice
- for preventing commission of an offence
- for suppressing a riot or affray
- for apprehending a person charged with or guilty of an offence having escaped from lawful custody
- he shall be punished with
- simple imprisonment upto six months or fine upto 500 rupees or both
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Public to give information of offences: Section 39
- Every person aware of
- commission of an offence under specified sections of IPC or
- intention of any person to commit such offence
- shall give information
- of such commission or intention to the nearest Magistrate or police officer
- unless
- he has a reasonable excuse, burden of proving which excuse shall lie upon the person so aware
Specified sections of IPC:
- 121 to 126, 130: offences against State
- 143 to 145, 147, 148: offences against public tranquillity
- 272 to 278: offences relating to adulteration of food and drugs
- 302, 303 and 304: offences affecting life
- 382: offence of theft after preparation for causing death, hurt or restraint to commit theft
- 392 to 399, 402: offences of robbery and dacoity
- 409: offence of criminal breach of trust by public servant
- 431 to 439: offences of mischief against property
- 449 and 450: offence of house-trespass
- 456 to 460: offences of lurking house-trespass
- 489A to 489E: offences relating to currency notes and bank notes
DLA NOTE
Consequence of non-compliance with the requirement of section 39 CrPC:
Section 176 IPC
- Whoever being legally bound to furnish any information on any subject to any public servant
- intentionally omits to furnish such information in the manner and at the time required by law
- shall be punished
- with simple imprisonment upto one month or fine upto 500 rupees or both
- If the information required to be given
- respects commission of an offence or
- is required for preventing commission of an offence or
- is required for apprehension of an offender
- he shall be punished
- with simple imprisonment upto six months or fine upto 1000 rupees or both
DLA NOTE
Consequence of furnishing false information as required under section 39 CrPC:
Section 177
- Whoever legally bound to furnish information to any public servant
- furnishes as true
- information which he knows to be false [or has reason to believe to be false]
- shall be punished with
- simple imprisonment upto six months or fine upto 1000 rupees or both
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