Cr.P.C – Advocatetanmoy Law Library

Sec 315 of Cr.P.C-Accused person to be competent witness

Posted by Advocatetanmoyon March 11, 2021March 11, 2021in Criminal Procedure Code 1973

Criminal Procedure Code, 1973—Section 315 315. Accused person to be competent witness (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of…

Rajesh Dhiman Vs State of Himachal Pradesh-26/10/2020

Posted by Advocatetanmoyon November 18, 2020November 19, 2020in Supreme Court Judgments

Whether bias was caused by complainant also being the investigating officer? Whether alternate version has been established and what is the effect of lack of independent witnesses? Whether High Court erred in reversing acquittal in appeal?

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…

Descriptive questions on Criminal Procedure Code [ Beginner level]

Posted by Advocatetanmoyon July 11, 2018September 18, 2019in Law Question Papers

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?…

Code of Criminal Procedure 1898

Posted by Advocatetanmoyon December 7, 2017April 13, 2020in Criminal Procedure Code 1973

5 of 1898 An Act to consolidate and amend the law relating to Criminal Procedure Whereas it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows PART 1: PRELIMINARY: CHAPTER 1:…

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.