Digest - Criminal Procedure Code, 1973 (Arranged Section wise)

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*Criminal Procedure Code, 1973, Ss.2(h), 482* - Investigation - It is statutory duty of police to investigate into the crime - Courts normally ought not to interfere and guide the investigating agency as to in what manner the investigation has to proceed.
2009(4) Criminal Court Cases 329 (S.C.)

*Criminal Procedure Code, 1973, S.2(i), Indian Penal Code, 1860, S.201, Oaths Act, 1969, S.3* - Departmental proceedings - Not judicial proceedings as evidence is not required to be taken on oath.
2017(2) Criminal Court Cases 060 (S.C.)

*Criminal Procedure Code, 1973, Ss.2(n), 3(38)* - Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under IPC or under special or local law or as defined under Section 2(n) Cr.P.C. or Section 3(38) of the General Clauses Act, 1897.
2010(3) Criminal Court Cases 114 (S.C.)

*Criminal Procedure Code, 1973, S.2(wa)* - Expression "legal heir" - Meaning - Held, expression "legal heir" in relation to a victim refers to a person who is entitled to property of victim under applicable law of inheritance.
2014(Suppl.) Criminal Court Cases 476 (A.P.) (DB)

*Criminal Procedure Code, 1973, S.2(wa)* - Victim - 'A person who suffered any loss or injury' must include a person who has suffered 'harm caused to mind'.
2015(3) Criminal Court Cases 753 (Delhi) (FB)

*Criminal Procedure Code, 1973, S.2(wa)* - Victim - A victim does not cease to be a victim merely because he also happens to be a complainant and he can avail all rights and privileges of a victim also as granted u/s 372 Cr.P.C.
2016(4) Criminal Court Cases 275 (Madras) (FB)

*Criminal Procedure Code, 1973, S.2(wa)* - Victim - Expression includes the guardian or legal heir - Means direct sufferer of physical harm, as well as direct sufferer of emotional harm i.e near and dear ones of victim simplicitor - Consequently, spouse, parents, children and siblings of a deceased victim of a crime automatically fall within definition in S.2(wa) Cr.P.C.
2015(3) Criminal Court Cases 753 (Delhi) (FB)

*Criminal Procedure Code, 1973, S.2(wa)* - Victim - Laws of inheritance merely stipulated the priority of succession to property of deceased, cannot possibly have been intended to be solely determinative of entitlement to exercise the rights of victim on his/her death in criminal trial process - A criminal offence results in personal injury to victim, which in no way relates to estate of victim, thus position in the order of succession of any heir is immaterial in deciding an heir's entitlement to assist in prosecution/file an appeal against trial Court's judgment.
2015(3) Criminal Court Cases 753 (Delhi) (FB)

*Criminal Procedure Code, 1973, S.2(wa)* - Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked.
2015(2) Criminal Court Cases 350 (Calcutta)

*Criminal Procedure Code, 1973, S.2(wa) & Proviso to S.372* - Victim - Held, victim referred to in Statement of Objects and Reasons is victim who is worst sufferers in a crime and do not have much role in Court proceedings and need to be given certain rights and compensation - He is none other than the victims who earlier stood remedy less in a case instituted on a police report - What is intended by employing expression 'victim' in Statement of Reasons and Objects is not a complainant in a case instituted on a private complaint who has already been provided with a remedy u/s.378(4) Cr.P.C. though he may claim to be a victim.
2014(1) Criminal Court Cases 227 (Kerala)

*Criminal Procedure Code, 1973, Ss.2(wa), 372* - Appeal against acquittal - Can be maintainable at the instance of widow of deceased, as she comes within the definition of "victim" u/s 2(wa) Cr.P.C., even though leave to appeal was not granted to State.
2017(Suppl.) Criminal Court Cases 010 (S.C.)

*Criminal Procedure Code, 1973, Ss.2(wa), 372 Proviso, Indian Penal Code, Ss.468, 420, 471* - Appeal against acquittal - Right of victim - Offence u/ss 468, 420, 471 IPC - Allegation that petitioner was induced to issue a character certificate in favour of accused on the strength of forged certificate - Petitioner had suffered wrongful loss and injury by issuing an incorrect character certificate being swayed by such forged document and a victim of crime in his own capacity - Apart from that petitioner is also authorized to file an appeal on behalf of Board, whose certificate is allegedly forged - Appeal maintainable at the instance of petitioner.
2017(1) Criminal Court Cases 186 (Calcutta)

*Criminal Procedure Code, 1973, Ss.2(wa), 372 Proviso* - Victim - Right to appeal - S.2(wa) Cr.P.C. takes within its beneficial fold all persons who suffer any loss or injury by reason of an act or omission which constitutes the crime - If a person is duly authorized on behalf of a victim, he is entitled to maintain an appeal on its behalf.
2017(1) Criminal Court Cases 186 (Calcutta)

*Criminal Procedure Code, 1973, S.4* - Caveat - There is no provision in Cr.P.C. under which a private party/complainant/informant can file a caveat, as governed by S.148-A CPC, to oppose the proceeding initiated at the behest of accused.
2015(1) Criminal Court Cases 152 (Jharkhand) (FB)