The scope and ambit of Sec. 319 of the Code of Criminal Procedure

Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it, if it is satisfied that any person other than accused has committed an offence and he is to be tried together with the accused. The power is discretionary and such discretion must be exercised judicially having regard to the facts and circumstances of the case. Undisputedly, it is an extraordinary power which is conferred on the Court and should be used very sparingly and only if compelling reasons exist for taking action against a person against whom action had not been taken earlier. The word “EVIDENCE” in Section 319 contemplates EVIDENCE of witnesses given in Court. Under sub-section (4)(1)(b) of the aforesaid provision, it is specifically made clear that it will be presumed that newly added person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. That would show that by virtue of sub-section (4)(1)(b) a legal fiction is created that cognizance would be presumed to have been taken so far as newly added accused is concerned. (See Lok Ram v. Nihal Singh and Anr. (AIR 2006 SC 1892)).… Read More The scope and ambit of Sec. 319 of the Code of Criminal Procedure

Procedure for revision or preparation of record-of-rights under West Bengal land reform Act

1. Procedure for revision or preparation of record-of-rights.— When an order has been made under section 51 directing that a record-of-rights be revised or prepared by a Revenue Officer in respect of the land of any district or part thereof the record-of-rights shall be revised or prepared by the following processes, namely: (i) Traverse survey;… Read More Procedure for revision or preparation of record-of-rights under West Bengal land reform Act

Procedure to be followed by the Magistrate in Case of Extradition inquiry

Once a request for extradition is received in India, the Central Government may by virtue of Section 5 of the Extradition Act issue an order to any Magistrate who would have jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction to inquire into the case. … Read More Procedure to be followed by the Magistrate in Case of Extradition inquiry

Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

The civil courts are authorised to pass such orders as may be necessary for the ends of justice, or to prevent abuse of the process of court, but where an express provision is made to meet a particular situation the Code must be observed, and departure therefrom is not permissible.… Read More Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the… Read More Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

It was pointed out that during investigation, even the Magistrate cannot direct the accused to give his specimen signature on the asking of the police and only in the amendment of the Code of Criminal Procedure in 2005, power has been given to the Magistrate to direct any person including the accused to give his… Read More Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

What are the Principles to be followed under Section 164 Code of Criminal Procedure.

The following principles emerge with regard to Section 164 Code of Criminal Procedure.: (i) The provisions of Section 164 Code of Criminal Procedure must be complied with not only in form, but in essence. (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody… Read More What are the Principles to be followed under Section 164 Code of Criminal Procedure.

A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Forcible dispossession:  Even a trespasser cannot be evicted forcibly. Thus, a person in illegal occupation of the land has to be evicted following the procedure prescribed under the law. (Vide Midnapur Zamindary Co. Ltd. v. Naresh Narayan Roy AIR 1924 PC 124; Lallu Yeshwant Singh v. Rao Jagdish Singh and Ors. AIR 1968 SC 620;… Read More A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Descriptive questions on Criminal Procedure Code [ Beginner level]

What is the relevance of schedule I of the Criminal Procedure Code. Discuss its relevance to the IPC and bailable/ non-bailable and Cognizable/ non cognizable offences. Certain function of the Executive Magistrate can be assigned to the Commissioner of Police. How? Would you consider recommending Transfer of such functions to the police from Executive Magistrate?… Read More Descriptive questions on Criminal Procedure Code [ Beginner level]

Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising… Read More Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Shanti Bhushan Vs. Supreme Court of India through its Registrar and Another [DECIDED ON JULY 06, 2018] “the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice” A.K.SIKRI, J. 2. The petitioner herein, who is a senior… Read More Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.