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…
Tag: Cr.P.C
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)
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
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
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.
Sec 315 of Cr.P.C-Accused person to be competent witness
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…
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Rajesh Dhiman Vs State of Himachal Pradesh-26/10/2020
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
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
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
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]
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?…
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Code of Criminal Procedure 1898
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:…