Tag: Cr.P.C

Court has to wait until expiry of 30 days, to enable the accused to appear in terms of proclamation u/s 82 of Cr.P.C- Explain

Posted by on in Criminal Procedure Code 1973

Process under Sections 82 and 83 cannot be issued unless it is established that a warrant has already been issued against the person wanted and that person is absconding Section 82 Cr. P.C. mandates and empowers the Court to issue…

Read More Court has to wait until expiry of 30 days, to enable the accused to appear in terms of proclamation u/s 82 of Cr.P.C- Explain

If lower courts ignores their HCs and act contrary, then not only legal anarchy will set in but democracy, rule of law and liberty of citizens will be the first casualty- DHC (05/10/2007)

Posted by on in Delhi High Court Judgments

If the subordinate courts start ignoring the law laid down by their High Courts and start acting contrary thereto, then not only the legal anarchy will set in but the democratic structure of the country, rule of law and concept of liberty of citizens will be the first casualty.

An absconder who has suffered a proclamation u/s 82 (1) or (4) CrPC. can be arrested without warrant by a police u/s 41 (c) CrPC : Explain

Posted by on in Criminal Procedure Code 1973

It warrants interpretation, construction and determination of scope and applicability of sub-sections (4 ) of Section 82 Cr.P.C. as on the basis of isolated literal construction of Section 82 (4) Cr.P.C., avoiding harmonious and Contextual interpretation, in relation to other provisions of Cr.P.C. and IPC.

State of Kerala Vs. K. Ajith & Ors-28/07/21

Posted by on in Supreme Court Judgments

CJM declining to grant permission to the Public Prosecutor to withdraw the prosecution. An application for withdrawal of prosecution under Section 321 of the CrPC. It is not the duty of this Court, in an application under Section 321 of the CrPC, to adjudicate upon evidentiary issues and examine the admissibility or sufficiency of evidence.

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

Posted by on in 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…

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

Posted by on in Criminal Procedure Code 1973

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 its hearing has commenced or not, is thus an independent judicial power which is not subject to the bar imposed by Section 409(2) Criminal Procedure Code on the administrative power of the Sessions Judge of recalling a case or an appeal from an Additional Sessions Judge after the trial of the case or hearing of the appeal has commenced

Descriptive questions on Criminal Procedure Code [ Beginner level]

Posted by on in 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?…

Read More Descriptive questions on Criminal Procedure Code [ Beginner level]