Rule 291(3)-Bombay Police Manual 3) The final report should be written up carefully by the officers incharge of the Police Station personally and should be accompanied by all the case papers numbered and indexed methodically. If the accused has...
Criminal Procedure Code 1973
It is strenuously urged that to consider a foreigner guilty under the Penal Code for an offence committed in India though attributable to him and to punish him therefor in a case where he is not corporeally present in...
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...
In India, evidence obtained by illegal search is not completely excluded unless prejudiced to the accused.
30 min read
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...
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...
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...
Can a “special Court” under SC/ST Act, take direct cognizance without committal proceeding
14 min read
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...
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...
Court`s Power to issue warrant against an accused on his failure to attend on the date of hearing
4 min read
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...
Power to summon material witness or examine person present by Criminal Court u/s 311 of Cr.P.C
5 min read
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,...
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...
The power conferred on the Sessions Judge under Section 408(1) Criminal Procedure Code to transfer a case or an appeal pending in the Court of an Additional Sessions Judge to another Additional Sessions Judge in his sessions division whether...
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,...
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