a) Explain: Powers of ‘Superior Police Officers’.

According to Section 36 of the Code of Criminal Procedure, 1973 police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

b) In what cases can a Police Officer arrest without warrant?

The police officer can arrest without warrant if the following conditions have been fulfilled-

1. The offender has committed cognizable offence.
2. To prevent such person from committing any additional crime; or
3. For proper facilitation of the investigation of the crime; or
4. To stop such person from causing the proof of the crime to disappear or tampering with such evidence in any manner; or
5. To restrain such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to stop him from disclosing such facts to the Court or to the police officer; or as unless such person is arrested, his presence in the Court whenever required cannot be ensured;

c) What is a duration of arrest warrant?

According to Section 70(2) of the Code of Criminal Procedure, 1973 every warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

d) When can search warrant be issued?

According to Section 93(1) of the Code of Criminal Procedure, 1973  where any Court has reason to believe that a person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or where such document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant.

e) What is the power of police authorities to sell perishable property seized during investigation?

According to Proviso attached to Section 102 of the Code of Criminal Procedure, 1973where the property seized under sub-section 102(1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

f) Who are the persons entitled to maintenance under S. 125 of CrPC?

If any person having sufficient means neglects or refuses to maintain, then following persons are entitled to maintenance under S. 125 CrPC:

1. his wife, unable to maintain herself, or
2. his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
3. his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
4. his father or mother, unable to maintain himself or herself,

g) What is the definition of ‘Public Nuisance’ under S. 133 of CrPC?

According to Section 133 of the Code of Criminal procedure, 1973 following acts are covered under public Nuisance:

• Any unlawful obstruction or nuisance at any public place or from any way, river or channel which is or may be lawfully used by the public; or
• The conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community
• A construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion
• Any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by
• Any tank, well or excavation adjacent to any such way or public place
• Any dangerous animal

h) Explain investigation of non-cognizable cases.

When information is given of the commission of a non-cognizable offence, the police shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. Under Section 155(2) of the Code of Criminal Procedure, 1973 when information is given of the commission of a non-cognizable offence, the police should refer the informant to the Magistrate. 

i) What is the First Information of Crime?

The information given to a police officer and reduced to writing as required under section 154 (1) of the Code is known as the “first information”.

j) What is an object of registering a F.I.R.?

The principal object of the first information report from the point of view of the information is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps to trace and bring the guilty to book.