Development of Criminal Laws in India after Independence

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General Provisions for Granting and rejecting Bail by Criminal Courts in India

Keywords:-Bail- Bond- Sureties-Under Trial prisoners-Discharge from Custody Provisions under special Acts Provisions under Criminal Code  Chapter XXXIII - Provisions as to Bail and Bonds 436. In what cases bail to be taken (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge … Continue reading General Provisions for Granting and rejecting Bail by Criminal Courts in India

Transfer of Criminal Case from one Court to another Court by Superior Court

Cr. P.C ⇒ Chapter XXXI -  Transfer of Criminal Cases 406. Power of Supreme Court to transfer cases and appeals (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from … Continue reading Transfer of Criminal Case from one Court to another Court by Superior Court

Ordinary Provisions for Inquiry and Trials before Criminal Courts in India

A criminal trial is a judicial examination of the issues in the case and its purpose is to arrive at a judgment on an issue as to a fact or relevant facts which may lead to the discovery of the fact issue and obtain proof of such facts at which the prosecution and the accused … Continue reading Ordinary Provisions for Inquiry and Trials before Criminal Courts in India

Taking Cognizance of the offence by Judicial magistrate having Jurisdiction over the matter

Cr.P.C - Chapter XIV  -  Conditions Requisite for Initiation of Proceedings [taking Cognizance ][Sec 190 to 199] 190. Cognizance of offences by Magistrates (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any … Continue reading Taking Cognizance of the offence by Judicial magistrate having Jurisdiction over the matter

Breach of peace in connection with Immovable Property and Power of Executive Magistrate

Keywords:-dispute concerning land or water-appoint  of receiver-local inquiry Provisions under Cr.P.C [Sec 145 to 148] 145. Procedure where dispute concerning land or water is likely to cause breach of peace (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach … Continue reading Breach of peace in connection with Immovable Property and Power of Executive Magistrate

Handling Public Nuisance in India

Provisions under Cr.P.C [Sec 133 to 143] 133. Conditional order for removal of nuisance (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as … Continue reading Handling Public Nuisance in India

Executive Magistrates in India

Under Code of Criminal Procedure -1973 [Ch-2] 20. Executive Magistrates (1) In every district and in every metropolitan area. The State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (2) The State Government may appoint any Executive Magistrate to be … Continue reading Executive Magistrates in India

Office of the Prosecutor and Prosecution of Criminal Cases in India

 KEYWORDS: PROSECUTION DEPARTMENT-PROSECUTION OFFICER- The main function of the Department of Prosecution is to plead criminal matters/ cases on behalf of State Government in various criminal courts namely Judicial Magistrate, ACJM, CJM and Special Sessions Courts. Malimath Committee recommended establishing a Directorate of Prosecution on State Basis, working under the Department of Home.  Again the Principal … Continue reading Office of the Prosecutor and Prosecution of Criminal Cases in India

Criminal Courts And Offices in India

Keywords:- Session-Magistrate-Prosecutor Code of Criminal Procedure -1973 Chapter II  [Sec 6 to 25A] Constitution Of Criminal Courts And Offices   6. Classes of Criminal Courts Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:-- (i)Courts of … Continue reading Criminal Courts And Offices in India

Miscellaneous Matters under Calcutta High Court original side rules[Ch-38][CHCOSR]

Miscellaneous Matters Part 1 Pleadings Title page.– Every plaint, written statement, originating summons and affidavit presented with the originating summons, and petition on which a proceeding is sought to be initiated, shall have a title page containing the cause title of the suit or matter and also the name in full and the place of … Continue reading Miscellaneous Matters under Calcutta High Court original side rules[Ch-38][CHCOSR]

Rules relating to Computerisation of the Cause List of the Original Side of Calcutta High Court[Ch-39][CHCOSR]

These rules shall have effect Notwithstanding anything contrary contained anywhere else in the Original Side Rules of the High Court at Calcutta.2.In this part unless the context otherwise requires:(1) “Application” shall have the same meaning as “petition” and would mean the main application or petition to initiate any proceeding in the Original Jurisdiction of the … Continue reading Rules relating to Computerisation of the Cause List of the Original Side of Calcutta High Court[Ch-39][CHCOSR]