ZERO FIR TRANSIT BAIL AND TRANSIT REMAND

PROFESSIONALS' LAW INSTITUTE, SCO 135/2, Sector 24D, Chandigarh (entry backside)TOPIC: ZERO FIR, TRANSIT BAIL AND TRANSIT REMAND:ZERO FIRAs per the Sec 154 of Criminal procedure Code, every Police officer is law bound to register the First Information Report of any cognizable offence committed, irrespective of the jurisdiction in which the offence was committed. When a cognizable offence is reported, the police officer registering the case forthwith starts the investigation, if it is committed in his jurisdiction. if it is not committed in his jurisdiction, he registers the FIR under number 00 and sends it to the police station, where the offence was committed for further investigation. Such FIR is called as zero FIR. It is for the convenience of the victim that instead of making the victim run from pillar to post, the police officer, where the victim approaches as per his convenience, the case is recorded and police officer sends it to the concerned police station.Few years ago, an atrocious act of a self-proclaimed Godman, Asumal Sirumalani Harpalani, alias, Asaram Bapu tormented the citizens of this country. He was accused of raping a minor girl who belonged to Sahajanpur, UP. She was a student, residing in one of his ashrams. The rape was committed in Jodhpur, Rajasthan where the girl and her family were called by the godman on the pretext of several false “spiritual” claims.Aggrieved by the incident, the girl’s father approached the Jodhpur, and then the Saharanpur police to lodge an FIR. The police, however, refused to register a complaint owing to the influence Asa Ram exercised in both the cities. Then the father of the victim approached the police at Kamla Nagar Police Station, New Delhi and lodged an FIR.This was made possible due to one of the many changes brought about by our justice system after the brutal Nirbhaya rape case which left the country in agony. The Nirbhaya gang rape appalled the then Manmohan Singh government. Subsequently, a judicial committee headed by the former Chief Justice of India, Justice J.S. Verma was constituted to propose stringent reforms in the management of crimes against women.Satvinder Kaur v. State (Govt. of NCT of Delhi), 1999 AIR (SC) 3596Held : (i) At the stage of investigation, there is no question of interference under Section 482 Criminal Procedure Code on the ground that Investigating Officer has no territorial jurisdiction.(ii) SHO has statutory authority under Section 156 Criminal Procedure Code to investigate any cognizable offence for which an FIR is lodged.(iii) After investigation is over, if Investigating Officer arrives at the conclusion that cause of action for lodging FIR has not arisen within his territorial jurisdiction, then he is required to submit a report under Section 170 Criminal Procedure Code and to forward the case to the Magistrate empowered to take cognizance of offence.In Bimla Rawal Vs. State (NCT of Delhi) 2008 (28) RCR (criminal) 944 (Delhi HC)In this case FIR was registered by wife in place 'D' two years after death of husband against in-laws living in place 'M'. it was held that It was clear that Police could register an FIR of commission of cognizable crime but after registration of FIR, if on scrutiny or investigation, it was found that crime was not committed within jurisdiction of that police station but was committed within jurisdiction of another police station, FIR should be transferred to that police station. However, if at time of registration of FIR itself, it was apparent on face of it that crime was committed outside jurisdiction of the police station, police after registration of FIR should transfer FIR to that police station for investigation. In this case FIR had been registered against family of deceased husband though the parties lived only in 'M'. Marriage was performed in place 'M'. Wife (Complainant) all long lived with her husband in place 'M' except for a short period when she lived with her father and her husband in place 'D'. She made no allegations against her husband's behaviour during her stay in place 'D'. All allegations were in respect of her stay in place 'M'. It was held that FIR cannot be quashed on this ground but allowed the petition to extent that impugned FIR transferred to place 'M'. Illustrative question:
Suppose, a heinous crime of rape occurred in Mohali (Punjab) and was registered via a zero FIR filed at police station in Chandigarh. Mohali police conducted a medical examination of the rape victim. A judicial order was given by a Chandigarh local court to take quick action on the complaint of the victim following which, a Zero FIR was registered at Chandigarh police station and the case was transferred to Mohali police station in Gurgaon. Now is this procedure Correct?The concept of Zero FIRAs per the concept, Zero FIR is a FIR that can be filed in any police station regardless of the place of incidence or jurisdiction.   The same is later transferred to the l Police Station having competent jurisdiction after investigation and filing with a magistrate. What distinguishes Zero FIR from Ordinary FIR is that in the latter, FIR is registered by a serial number in police station but in the former one an FIR is instituted at any Police Station other than the jurisdictional Police Station concerned, that is the place where incident took place, and such an FIR is registered but not numbered. Such unnumbered FIR simply is then forwarded to the concerned Police Station where it gets numbered and further acted upon. Hence those FIR’s are known to be Zero FIR’s. For instance an Offence is committed within the jurisdictional limit of ‘A’ police station & FIR is lodge at ‘B’ police station. Then by the procedure, if it is revealed that the offence is committed within the jurisdiction limit of the other police station the FIR will be channelize to that police station as ZERO number FIR. The Police Station registering the Zero number FIR is required to make some prelude investigation into the case before directing it to the concerned Police Station.Legality of ZERO FIRThe provision of Zero FIR came up as recommendation in Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013, devised after the December 2012 gang rape of a 23-year-old girl in the territory.However, policemen by and large deny knowing about provisions of “Zero FIR” and direct the complainant to Police Station having jurisdiction but Clause (e) of Section 460 of the Criminal Procedure Code (CrPC) says that if any Magistrate not empowered by laws to call for cognizance of an offence positioned in section 190 (a) or (b) erroneously but in good faith does take cognizance, the proceeding minutes will not be set aside merely on the grounds of not being empowered for same. If at the time of initiation of FIR, it looks evident that the crime was committed outside the jurisdiction of the concerned police station, then the police must be appropriately ordered to register a Zero FIR, and ensure that the FIR is transferred to the jurisdictional police station. If there is a failure in compiling with the instruction of FIR registration on acknowledgement of information about the offence, it will invite prosecution of the police officer under section 166A which provides a rigorous imprisonment of six months be extended to two years. This evasion of responsibility may invite the departmental action for the police officer.The Centre has asked all the states to make amendments in the state laws with respect to the registration of the Zero FIR on receipt of complaint or information about a crime without getting into argument related to the jurisdiction. Central Government, keeping in mind, the influence of the Zero FIR has warned by invoking the amendment in the criminal law that if there is any refusal with regards to the registering of the Zero FIR, it will lead to imprisonment.  This ordered amendment empowers the police to register the complaint acknowledged in police station other then the jurisdictional police station where crime has been committed. The concept of Zero FIR is a free jurisdiction FIR, brought up in order to avoid the delay in filing the crime and to avoid wastage of time that  adversely impacts the victim and gives a free way to offenders getting an opportunity to escape from the clutches of the law.THE IMPACTü  As per static report, there is a crime committed against women in every 1.7 minutes, and rape is committed within every 16 minutes recorded in this country and domestic violence done in every 4.4 minutes against every girl. Zero FIR is provided as a right to women which she can exercise as required. Zero FIR in cases of any such heinous crime done against her in any place or at any moment acts as a remedy in the hands of the women.
ü  Zero FIR is also a great power to the passengers on rail journey for a direction in making the travel safe and hassle free for the millions of passengers on frequent journey. So, as per the requirement the victim can file the case against theft in the place that is nearest to their approach while travelling.
ü  Certain grave crimes like accident, murder and rape that require immediate action from the concerned authorities and to collect evidentiary proof from the party and place like samples, deposition from the eye witnesses and circumstantial evidences. A Zero FIR helps take into account of this prelim action regardless of deciding the territorial limits of the crime.
As is the well-settled rule when there is certain good there is always something bad attached to it. And the biggest drawback is in the basic concept of the Zero FIR provision i.e., for say a crime occur in a place and reported in other jurisdiction and if there is certain collusion between the police staff of the station where the FIR instituted and the offender then the whole root of the provision collapses. Sometimes, complainant can take benefit of his links and get FIR registered in another jurisdiction against the innocent accused. TRANSIT REMAND AND TRANSIT BAILTransit Remand:­ A transit remand is not specifically defined under the Code. However, when a warrant of arrest is executed outside the district in which it was issued, and the court which issued the warrant is not within 30 km of the place of arrest, then the person arrested may be produced before Executive Magistrate, District Superintendent of Police or Commissioner of Police who shall direct his removal in custody to such court.  In case of bailable offence such Magistrate/ DSP/ CP shall release the accused on bail, and if the offence is non­bailable it shall be lawful for Chief Judicial Magistrate or Session Judge to release accused on bail, by invoking powers under Section 81 ­ proviso II, subject to the provision of Section 437 of Cr. P.C. In this regard judgment of Hon'ble High Court in Criminal Application No.402/2013, in Malti Ravindra Shah V/s. State of Maharashtra may be referred regarding powers of granting transit remand. Sec.80 of Crpc. Procedure of arrest of person against whom warrant issuedWhen a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.Sec.76 of Crpc. Person arrested to be brought before court without delay.The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person.Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court. Transit BailA court can grant bail even when crime is registered outside jurisdiction of the Court. It is called as Transit bail. Like regular bail and anticipatory bail, transit bail can be classified in two types i.ei)               Regular Transit Bail
ii)              Anticipatory Transit Bail.
Regular Transit BailAs per section 81 of Criminal Procedure Code, if the person arrested is brought before Magistrate having no jurisdiction, he can be released on bail i.e if the offence is bailable and arrested person is ready and willing to give bail to the satisfaction of the magistrate, or a direction has been endorsed under Sec.71 of the Cr.P.C. on the warrant and such person is ready and willing to give the security required by such direction. The magistrate can take such bail and security, as the case may be, and forward the bond, to the court which issued warrant. Further if the offence is non bailable, it is lawful for the Chief Judicial Magistrate or a Sessions Court to consider the provisions of section 437 of Cr.P.C., and also to consider information and the documents forwarded along with warrant as per section 78 (2) of Cr. P. Code. After going through section 437 of Cr.P.C. and information and documents referred in section 78 (2) of Cr.P.C., Chief Judicial Magistrate and Sessions Court can release such person on bail and forward the bond to the court which issued the warrant.Anticipatory Transit BailThe anticipatory transit bail is covered by section 37 438 of Cr.P.C. When any person is apprehending his arrest in a case registered beyond jurisdiction of the Court, he may apply to the Court or Court of Sessions for direction that in the event of his arrest he be released.Case Laws:L. R. Naidu v. State of Karnataka (Karnataka) 1984 CriLJ 757Karnataka High Court held that “Considering the provisions laid down in S. 438 of the Code and theprinciples of law with regard to anticipatory bail explained by their Lordships in Gurubaksh Singh’s case (1980 Cri LJ 1125) (SC) and also considering the view taken by at least three Division Benches to the case referred to above, we are of the opinion that this Court has jurisdiction to entertain application for anticipatory bail of a petitioner who resides within the jurisdiction of the Court, though he apprehends arrest in connection with a case which has been started outside the jurisdiction of this Court”. The position is re-iterated in a recent decision in CRIMINAL PETITION No.809 of 2013. Calcutta High Court also took the similar view in Pritam Singh v. State of Punjab 1981 Cri LJ NOC 159. It overruled the earlier position that “There is nothing in the provision suggesting that it is only the High Court or the Court of Session, within whose jurisdiction the case is registered that Court can grant bail. The view that any person apprehending arrest, in the circumstances referred to in Sec. 438, can seek bail in the Court, within whose jurisdiction he ordinarily resides, cannot be said to be opposed to the principle underlying this provision”.Regarding transit bail, the Himachal Pradesh High Court in Sanjeev Chandel v. State of H.P., (H.P.) 2003(2) R.C.R.(Criminal) 450  The Hon’ble HIGH COURT has held that “Court can entertain an application for grant of interim bail to the accused to enable him to surrender before the Court having jurisdiction in a case wherein he is accused of the commission of offence committed outside the jurisdiction of this Court.Gujarat High Court also took the similar view in Neela J. Shah Vs. State of Gujarat And Another 1998 CriLJ 2228 as: “Thus, an application under Section 438, Cr. P.C. should be finally decided only by the Court within whose territorial jurisdiction the alleged offence has been committed. The Court entertaining application for anticipatory bail at the first instance which does not have the territorial jurisdiction can give protection only for a brief period on adequate condition with a view to enable the person apprehending arrest to approach the Court within whose territorial jurisdiction the offence alleged to have been committed” In the case of Gurmit Kaur v. U.T. Chandigarh, (P&H) 2006(4) R.C.R.(Criminal) 710  the Hon’ble Punjab And Haryana High Court granted transit anticipatory bail whereby the case was registered at Jaipur and the accused was residing at Chandigarh.
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Sample Test for PCS (J) Mains Subject IPC

PROFESSIONALS' LAW INSTITUTE, 

SCO 135/2, Sector 24-D, Chandigarh 99158-88172

TEST – IPC 

1.    “It is not enough to label the statute as one dealing with a grave social evil and from that to infer that strict liability was intended. It is pertinent also to inquire whether putting the defendant under strict liability will assist in enforcement of regulations ... unless this is so, there is no reason in penalizing ... and it cannot be inferred that the legislature imposed strict liability merely to find a luckless victim.” In the light of this statement, elucidate the doctrine of strict liability under Criminal Law.

2.    (a) M had caused injuries to the vagina of a seven and a half months old child by fingering. He was charged under section 323 and 354 of IPC

(i) Is M guilty under section 323 IPC?

(ii) Does a female child of 7½ months possess womanly modesty?

(iii) What is the difference between the offences under section 354 and section 509 IPC?

(iv) Whether the husband can be held guilty of outraging the modesty of his own wife?

(b) Discuss the distinction between Culpable homicide, Murder and Culpable homicide not amounting to murder.

(c) Baladin, Mata Prasad, Devendra, Banwari and Brinda had been on look-out for one who was out destroying their crop at night.  On that fateful night they caught Jaikaran red-handed, with heavy chopper used for cutting down standing crop and a bag containing several kilos of unprocessed crop.  The five of them tied Jaikaran to a mango tree in the village centre and began pounding him with kicks and blows.  Since Jaikaran was not willing to own responsibility for the earlier incidents of destruction, Baladin brought a burning bamboo pole and torched him all over the body.  In order to compel Jaikaran to confess Baladin thrust the burning bamboo pole into his mouth causing extensive injuries to Jaikaran.  On the intervention of Sarpanch Jaikaran was untied, taken to hospital for treatment, where he died the next morning.  The doctor testified that the injuries were cumulatively sufficient to cause death in ordinary course of nature.

What offence has been committed by the five accused?

Can Baladin alone be prosecuted for murder under Section 302?  What clause of Section 300 is applicable in this case?

3.      What offence has been committed, if any, in the following cases: 

(a) A administers strong dose of medicine to procure abortion to B a woman not pregnant at all, having no foetus to be removed.

(b) A instigates B to the commission of an offence by means of a letter sent through post. The letter never reaches B.

(c) A shoots at B believing him to be sleeping but in fact, B had died of heart failure before A shot at him.

(d) B & G were found kissing and embracing each other in a Maruti Van, parked at 40 paces from police post located at lonely place.

(e) During the search of residential house of accused for offence under section 120-B, 420, 467, 468, 471 IPC. One Video Cassette containing pornographic scene is recovered from an almirah, key of which was supplied by accused.

(f) H, a husband at the request of his ailing wife placed poison within her reach, which she swallowed and thereafter died.

(g) A, with intent to murder, administered a fatal dose of poison to B, and then while  was still alive, a stranger c, without A’s Complicity came upon B and shot him dead. Discuss the liability of A and C.

(h) A assaulted the deceased and severely cut across one of his fingers by an iron instrument. The surgeon urged him to submit to an amputation of the finger but he refused, though he was told that unless it were amputated his life would be in great hazard. He attended the hospital regularly and got his wound dressed. After a fortnight, however, Lock-jaw came on induced by the wound on his finger. The finger was then amputated but it was too late and the lock-jaw ultimately caused his death. Decide the liability of A.

4.             X, a newly married young and dynamic person at senior position in a multinational company and Y, a beautiful, sincere unmarried girl of advance thought were the friends at work place.  Within short span of time they fell in love with each other.  There was an understanding between them that they will eventually marry each other soon after settling all issues related to X's marriage.  On the basis of said promise many times he had sexual intercourse with Y with her consent at her house where she was residing alone.  The wife of X was not ready to leave but X was trying hard to resolve his marriage issues.  Y eventually considering this circumstance started liking another person Z at the same work place and there was a change in her behaviour towards X.  On realizing this fact X tried to compel her for sexual intercourse and they did it last time on 5.5.2011.  Shocked by the conduct of X, Y filed a criminal complaint against him for prosecuting him for the offence of rape.  X pleads that such sexual intercourse were with the consent of Y, therefore, he has committed no offence.  Decide with the help of legal provisions and judicial decisions.  Also explain if otherwise X can be prosecuted.         

5.             T, an unmarried girl became pregnant as a result of a rape.  She, along with her mother, went to the clinic of J, a homoeo-medical practitioner and requested him for an abortion.  J agreed to abort her on payment of rupees 20,000/-.  The amount was paid and an operation was performed.  But within an hour, the condition of T became very critical and she died.  What are the offences under which J could be charged.  Discuss with latest case law.

6.             ‘X’ times, a leading English daily, prints an article aimed at creating hatred and enmity between two groups of people i.e a capitalist and the labour class. The article read: “B and the Chief Minister of the State who were good friends have conspired together and acquired 100 hectares of fertile land belonging to the local farmers for special economic zone. To persuade and coerce the farmers not to challenge the acquisition ‘B’ got burnt the houses of farmers and their standing crops through his henchmen. The promises of ‘B’ that he will employ the local youth is also false as ‘B’ is getting youth trained from the constituency of the Chief Minister who would be employed in various Industries to come up in the SEZ area”. 

Can the reporter, editor, printer and published of ‘X Times’ be charged for offence under Section 153A IPC. Give reasons.  

7.             Discuss the principles relating to corporate criminal liability?

8.             “Let the author be resurrected to what he is best at. Write.” in the light of the above statement discuss the law relating to Artistic Freedom Versus Law of Obscenity.

9.             Discuss the difference between.

(i) Breach of trust and criminal mis-appropriation.

(ii) Kidnapping and abduction.

(iii) Robbery and Dacoity.

(iv) Mistake of Fact and Mistake of law.

10. Garima Rathore was married to Randhir Rathore for five years.  At the time of marriage both the families were aware that Garima had a borderline personality disorder, which was not insanity of any degree, but rendered her personality extremely sensitive.  She was being treated for the same although except her ultra-sensitive nature, she was perfectly normal.  One evening Garima was chatting with her friends over the phone when her mother-in-law shouted very loudly in a harsh voice and ordered her to report at the kitchen immediately.  That night, her mother-in-law also told Garima that she was no match to her son Randhir.  Garima was very upset and when she told the same to Randhir, he told her that she should not spend a lot of time chatting over the phone.  The next day, Randhir’s mother told Garima to go back to her house as she found her unbearable.   She spoke ill of her parents and even told Garima that her parents should have gifted their ancestral home in Jaipur to Randhir.  Unable to tolerate this, Garima went to her room and consumed some poison.  Currently, she is batting for her life in the ICU of a reputed hospital.

Are Randhir and his mother guilty of any offence under the IPC?  Substantiate your answer with adequate reason(s).

11. Abetment; conspiracy; common intention: Do they overlap? Discuss.

sample Test for PCS (J) Mains, 2018 Subject CrPC, 1973

PROFESSIONALS' LAW INSTITUTE, SCO 135/2, Sector 24-D, Chandigarh.

TEST CRPC -1 DATED 12.07.2018

1.     The accused (who was a Chief Editor of a daily newspaper) was summoned under section 204 CrPC for an offence u/s 500 of the Indian Penal Code, 1860 ("IPC") (defamation). The Chief Editor, on appearance, moved an application seeking 'dropping of proceedings' on the premise that there was no specific allegation against him and offence against him was not made out. The Magistrate accepted this plea and held that complaint, insofar as it concerned the Chief Editor, could not be proceeded with. Decide the legality of the order passed by the Magistrate.

2.     “The Trial judge is the kingpin in the hierarchical system of administration of justice.” Discuss keeping in view the various provisions of CrPC dealing with the role of magistrate during investigation.

3.     a) Discuss the rights of the accused during remand? What are the conditions to be confirmed by the Magistrate When he remands a person to police custody?

b) X' a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before you by the police on 11.01.2018 on the allegations that he was arrested on the previous day i.e. 10.01.2018 in case F.I.R. 301/2018 Police Station sector 17 under section 379 I.P.C. relating to pick pocket of a passenger P, who arrived at 1.S.B.T. on the night intervening 06.01.2018 and 07.01.2018; a cash amounting to Rs. 300/-, ball-pens numbering about four dozen and several key rings were recovered from the personal search of 'X': 'X' during course of interrogation confessed to have picked the pocket of a passenger on the night of 06.01.2018 and 07.01.2018; and could get recovered the stolen purse, Identity Card of the passenger and a part of the cash from the house of his sister in Manimajra.

Police prayed that 'X' be given in police custody for two days to enable them to effect the recovery of the stolen articles and complete the investigation. On the other hand a plea for the release of 'X' on bail was made on the ground that he is innocent and police has falsely - implicated him in the theft case and he never made any confession about the incident of theft. Case diaries produced before you showed the factum of arrest of 'X on 10.01.2018, his interrogation but their existed no confession of 'X'. Decide the prayer of police and the plea of 'X'

4.     a) Who are the person who can claim maintenance under section 125 Cr. P.C. What are the factors which are to be kept in view while granting maintenance? Can the Court award interim maintenance? How the orders of maintenance passed under section 125 Cr. P.C. can be enforced? Discuss.

b) Ramesh, an Engineer earning Rs. 35,000 per month has deserted his non-working wife and two school going children who live with his wife’s parents. She makes an application under section 125 of the Code of Criminal Procedure, 1973 for maintenance of herself and two children. Ramesh has to maintain his old parents and invalid sister. Decide her application.

5.     Rajiv and Rajesh, two brothers live with their families in a jointly owned house. The families used to quarrel, so they decided to partition the house and joint assets. On 3rd September 2007 both decided to meet for partition. Both called their brother-in-laws at the time of negotiations. Dispute arose between them over partition of house and assets. Heated arguments ensued. Rajiv got very angry and went inside the house and brought a Gandasa. He attacked Rajesh and his brother-in-law. Rajesh and his brother-in-law tried to save themselves and received injuries in the scuffle. Rajesh snatched Gandasa from Rajiv and gave a Gandasa blow to him, which struck abdomen of Rajiv, resulting into his death. In the light of above facts, What charge can be framed against Rajesh?

6.     A was convicted and sentenced by Additional Chief Judicial Magistrate. Feeling aggrieved, A challenged the judgment and order of conviction and sentence. The appeal came to be dismissed on merits. A then filed application under 401 read with section 482 CrPC before the High Court, but it also came to be dismissed by Learned Single Judge when none appeared on behalf of the appellant on the date fixed.

A challenged the order by way of appeal before Apex Court on the ground that the matter suddenly appeared in the list and his counsel could not appear because of unavoidable difficulty i.e., he was to rush out of town to his ailing daughter to take care of her and as such there was non appearance when the matter was taken up by the High Court. Affidavit of counsel is filed. Medical certificate is also annexed.

On the other hand, it is argued on behalf of the respondent that none appeared on behalf of the appellant before the High Court on two dates and as such court had no option but to dismiss the revision petition on merits. Decide.

7.     Write a short note on .

(i) Statements recorded under sections 161 and 164 Cr. P.C.    

(ii) Investigation, inquiry and trial.

(iii) Search warrant and production warrant.

(iv) Police remand and judicial remand.

(v) Coercive steps to be adopted by courts to procure attendance of an accused.

(vi) Complaint case and police case.

8.     Whether an accused additionally summoned u/s 319 of the CrPC, is entitled to a hearing on point of discharge, or not?

9.     A, was aggrieved by an IAS officer, who was demanding bribe from him to do a legal work. He filed a complaint before Magistrate under section 156(3) of CrPC to direct the police to lodge FIR and conduct the investigation. The police investigated the matter improperly and filed the chargesheet without obtaining the requisite sanction. A filed an application before the concerned authority for obtaining the sanction.

a)    Should a private person’s request for sanction of prosecution of an IAS officer in a corruption case be entertained?

b)   At the stage of trial, A moved an application for allowing him to conduct the prosecution on the ground that since the accused is an IAS officer, no public prosecutor will conduct the trial properly and the Public prosecutor already filed an application under section 321 CrPC for withdrawal of prosecution. Decide the application.

10. Is the bar of limitation under section 468, CrPC to be reckoned with reference to the date of complaint or the date of taking cognizance by the court? What are the consequences of taking cognizance beyond the prescribed period of limitation? Whether this provision applies to the case of an accused, against whom cognizance is taken under section 319 CrPC?

11. A is convicted by trial court of an offence under sections 3 and 7 read with section 25(1A) and (1B) of Arms Act and sentenced to 6 years of Rigorous Imprisonment. He files appeal against his conviction and sentence. During pendency of appeal, A is granted bail. He is desirous of contesting election to the House of People from Lucknow Parliamentary Constituency. He files an application under section 389 CrPC for suspending order of conviction and sentence pending final hearing of the appeal. He submits that he has got fair chance of appeal being allowed and that if conviction and sentence is not suspended, he would be seriously prejudiced. Reference is also made to decision in Navjot Singh v. State of Punjab, (2007) 2 SCC 574, Rama Narang V. Ramesh Narang, (1995) 2 SCC 513.

On the other hand, on behalf of the State, it is submitted that conviction and sentence can be suspended only in exceptional circumstances and that A is not entitled to any such relief in view of serious crime alleged to have been committed by him. Reference is also made to provisions of Representation of People Act to contend that in view of express prohibition of law from contesting election, petitioner is not entitled to the relief prayed for. Decide

12. Highlight the statutory provisions contained in the Code of Criminal Procedure which give effect to principle of fair trial. In particular, elaborate on the following principles as reected in the Code of Criminal Procedure:-

i)               Separation of judiciary from executive

ii)              Public and open hearings

iii)             Nemo debet esse judex in propria causa

iv)            Right of victim to seek legal assistance

v)             Right of accused to have the evidence to be taken in his presence (20 Marks)

13. Whether the High Court has the inherent powers under section 482 CrPC of

i)               Quashing the FIR on the basis of compromise for the offence under Section a) 307 IPC b) 326 IPC c) 304-A IPC

ii)              Do you think Quashing of FIR on the basis of compromise under section 482 CrPC is in violation of the express provisions of Section 320(9) CrPC

iii)             Directing the Police to arrest an accused person whose anticipatory bail has been rejected by the High Court itself.