The protection of judicial independence in India

“If there were no bad people there would be no good lawyers.” “Good lawyers know the law. Great lawyers know the judge” ” A judge is a lawyer” SYNOPSIS  Cicero : “We are all servants of the laws in order that we may be free.”[Omnes legum servi sumus ut liberi esse possumus] Socrates: “Four things belong to a judge: to hear courteously, to answer wisely, to  … Continue reading The protection of judicial independence in India

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

Summary Trials by Magistrate

Chapter XXI Summary Trials 260. Power to try summarily (1) Notwithstanding anything contained in this Code– (a)any Chief Judicial Magistrate; (b)any Metropolitan Magistrate; (c)any Magistrate of the first class specially empowered in this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences:– (i)offences not punishable with death, imprisonment for life or imprisonment for … Continue reading Summary Trials by Magistrate

Trial of Warrant-Cases by Magistrates

Chapter XIX Trial of Warrant-Cases by Magistrates A. —Cases instituted on a police report 238. Compliance with section 207 When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207. 239. When accused shall be discharged If, … Continue reading Trial of Warrant-Cases by Magistrates

Trial Before a Court of Session

Chapter XVIII 225. Trial to be conducted by Public Prosecutor In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. 226. Opening case for prosecution When the Accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against … Continue reading Trial Before a Court of Session

Trial of Summons-Cases by Magistrates

Law Library Chapter XX Trial of Summons-Cases by Magistrates Punishment up to Two years  The Summons / Warrants to be executed by Police. The copy of the Complaint along with all the documents relied upon by the Complainant must be furnished to the accused Dismissal of Complaint for default – section 256 Examination of accused u/s 313 Section 353: Judgment Section 360: Order to release … Continue reading Trial of Summons-Cases by Magistrates