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 of a police station, or appears or is brought before … 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 one High Court to another High Court or from a … 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 have arrived by their pleadings; the controlling question being the … 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 offence- (a)upon receiving a complaint of facts which constitute such … 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 of the peace exists concerning any land or water or … 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 he thinks fit, considers.- (a)that any unlawful obstruction or nuisance … 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 an Additional District Magistrate, and such Magistrate shall have such … Continue reading Executive Magistrates in India

Sessions Court in India

 Under Code of Criminal Procedure -1973 [Ch-2] [S 9 and 10] 9. Court of Session (1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court … Continue reading Sessions Court 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 function of the Director includes the administrative control of the Prosecution machinery and also to give advice whenever required in criminal matters. Continue reading “Office of the Prosecutor and Prosecution of Criminal Cases in India”