Criminal Procedure Code 1973 – Page 2 – Advocatetanmoy Law Library

FIR against Reha Chakraborty and 6 ors in Sushant Singh death case by CBI

Posted by Advocatetanmoyon August 6, 2020August 7, 2020in Criminal Procedure Code 1973

In exercise of the powers conferred by sub-section (1) of Section 5 read with Section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) the Central Government, with the consent of the State Government of Bihar, issued vide Home Department (Police Branch) Notification No.9/C.B.1-80-09/2020 HP-5101/Patna, Dated 4th August, 2020, hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole State of Bihar

In India, evidence obtained by illegal search is not completely excluded unless prejudiced to the accused.

Posted by Advocatetanmoyon July 20, 2020July 20, 2020in Criminal Procedure Code 1973

The general provisions given in the Criminal Procedure Code are to be treated as guidelines and if at all there is any minor violation, still the court can accept the evidence and the courts have got discretionary power to either accept it or reject it.

Section 311 of the Code of Criminal Procedure: Calling material witness

Posted by Advocatetanmoyon April 14, 2020in Criminal Procedure Code 1973

Reference may be made to Section 311 of the Code which reads as follows : “311. Power to summon material witness, or examine person present - Any Court may, at any stage of any inquiry, trial or other proceeding under…

Committing case to Court of Session on Private complaint

Posted by Advocatetanmoyon April 13, 2020April 13, 2020in Criminal Procedure Code 1973

Kewal Krishan Vs Suraj-Section 209 of the Code of 1973- Bhan and another-Both these cases exclusively triable by the Court of Session, one instituted on a police report under Section 173, Criminal Procedure Code and the other initiated on a criminal complaint, arose out of the same transaction. There was thus a risk of two courts coming to conflicting findings. To obviate such a risk, it is ordinarily desirable that the two cases should be tried separately but by the same Court.

Can a “special Court” under SC/ST Act, take direct cognizance without committal proceeding

Posted by Advocatetanmoyon April 12, 2020in CIVIL, Criminal Procedure Code 1973

Gangula Ashok and another Vs State of ANDHRA PRADESH-28/01/2000.-we have no doubt that a Special Court under this Act is essentially a Court of Session and it can take cognizance of the offence when the case is committed to it by the magistrate in accordance with the provisions of the Code. In other words, a complaint or a charge-sheet cannot straightway be laid before the Special Court under the Act.

What is the object of examination of an accused under Section 313 of the Code?

Posted by Advocatetanmoyon April 6, 2020in Criminal Procedure Code 1973

The one category of offences which is specifically exempted from the rigour of Section 313(1)(b) of the Code is “Summons cases”. It must be remembered that every case in which the offence triable is punishable with imprisonment for a term not exceeding two years is a “summons case”

Court`s Power to issue warrant against an accused on his failure to attend on the date of hearing

Posted by Advocatetanmoyon March 5, 2020March 5, 2020in Criminal Procedure Code 1973

In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court's proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to.

Power to summon material witness or examine person present by Criminal Court u/s 311 of Cr.P.C

Posted by Advocatetanmoyon February 29, 2020in Criminal Procedure Code 1973

Cr.P.C Sec 311- Power to summon material witness, or examine person present Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness or examine any person in attendance, though…

Section 231 of Cr.P.C- Evidence for prosecution

Posted by Advocatetanmoyon February 7, 2020February 7, 2020in Criminal Procedure Code 1973

Cr.P.C 231. Evidence for prosecution (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution. (2) The Judge may, in his discretion, permit the cross-examination of…

Section 408 of Cr.P.C: Power of Sessions Judge to transfer cases and appeals

Posted by Advocatetanmoyon February 6, 2020in CIVIL, Criminal Procedure Code 1973

408. Power of Sessions Judge to transfer cases and appeals (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular…

General Rules applicable to Criminal Trials

Posted by Advocatetanmoyon February 5, 2020February 5, 2020in Criminal Procedure Code 1973

Affidavits intended for use in Judicial Proceedings may be sworn or affirmed before any Court or Magistrate (or an Advocate other than the Advocate who has been engaged in such proceedings) or a Member of Panchayat or a Sub-Registrar, Nazir or Deputy Nazir or a Member of the Legislative Council or of the Legislative Assembly of the State or a Member of the Zilla Parishad or a Municipal Councillor or a Retired Gazetted Officer receiving pension from the Government or any other Gazetted Officer in the service of the State Government or the Central Government or a Notary as defined in the Notaries Act, 1952, or any Commissioner or other person appointed by the High Court for the purpose of taking affidavits or affirmations or any Judge or any Commissioner for taking affidavit in any Court of record in India.

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.