Parole Meaning of

In Dadu alias Tulsidas Versus State of Maharashtra [AIR 2000 SC 3203 : (2000) 8 SCC 437] the Supreme Court observed the following:

6. Parole is not a suspension of the sentence. The convict continues to be serving the sentence despite granting of parole under the Statute, Rules, Jail Manual or the Government Orders. “Parole” means the release of a prisoner temporarily for a special purpose before the expiry of a sentence, on the promise of good behaviour and return to jail. It is a release from jail, prison or other internment after actually been in jail serving part of sentence.

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General Principles of Criminal Law

INTERNATIONAL LAW

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW

Article 22

Nullum crimen sine lege

  1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
  2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
  3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

Article 23

Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.

Article 24

Non-retroactivity ratione personae

1.   No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.

2.   In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.

Article 25

Individual criminal responsibility

1.  The Court shall have jurisdiction over natural persons pursuant to this Statute.

2.   A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3.    In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person’s intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

4.  No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.

Article 26

Exclusion of jurisdiction over persons under eighteen

The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime.

Article 27

Irrelevance of official capacity

1.  This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2.   Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 28

Responsibility of commanders and other superiors

In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

(a)  A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and

(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Article 29

Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.

Article 30

Mental element

1.  Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.

2.  For the purposes of this article, a person has intent where:

(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

3.  For the purposes of this article, “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. “Know” and “knowingly” shall be construed accordingly.

Article 31

Grounds for excluding criminal responsibility

1.   In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person’s conduct:

(a) The person suffers from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;

(b) The person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;

(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person’s control.

2.  The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.

3.  At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

Article 32

Mistake of fact or mistake of law

1.   A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

2.   A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.

Article 33

Superior orders and prescription of law

1.   The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

(a) The person was under a legal obligation to obey orders of the Government or the superior in question;
(b) The person did not know that the order was unlawful; and

(c) The order was not manifestly unlawful.

2.  For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.


 Source: ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Federal Crimes [USA]

Abusive Sexual Contact
Advocating Overthrow of Government
Aggravated Assault/Battery
Aggravated Identity Theft
Aggravated Sexual Abuse
Aiming a Laser Pointer at an Aircraft
Airplane Hijacking
Anti-racketeering
Antitrust
Armed Robbery
Arson
Assassination
Assault with a Deadly Weapon
Assaulting or Killing Federal Officer
Assisting or Instigating Escape
Attempt to commit Murder/Manslaughter
Bank Burglary
Bankruptcy Fraud/Embezzlement
Bank Larceny
Bank Robbery
Blackmail
Bombing Matters
Bond Default
Breaking and/or Entering Carrier Facilities
Bribery Crimes
Certification of Checks (Fraud)
Child Abuse
Child Exploitation
Child Pornography
Civil Action to Restrain Harassment of a Victim or Witness
Coercion
Commodities Price Fixing
Computer Crime
Concealing Escaped Prisoner
Concealing Person from Arrest
Concealment of Assets
Conspiracy (in matters under FBI jurisdiction)
Conspiracy to Impede or Injure an Officer
Contempt of Court
Continuing Criminal Enterprise
Conveying False Information
Copyright Matters
Counterfeiting
Counterintelligence Crimes
Credit/Debit Card Fraud
Crime Aboard Aircraft
Crimes on Government Reservations
Crimes on Indian Reservations
Criminal Contempt of Court
Criminal Forfeiture
Criminal Infringement of a Copyright
Cyber Crimes
Damage to Religious Property
Delivery to Consignee
Demands Against the U.S.
Destruction of Aircraft or Motor Vehicles Used in Foreign Commerce
Destruction of an Energy Facility
Destruction of Property to Prevent Seizure
Destruction of Records in Federal Investigations and Bankruptcy
Destruction of Corporate Audit Records
Destruction of Veterans’ Memorials
Detention of Armed Vessel
Disclosure of Confidential Information
Domestic Security
Domestic Terrorism
Domestic Violence
Drive-by Shooting
Drug Abuse Violations
Drug Smuggling
Drug Trafficking
DUI/DWI on Federal Property
Economic Espionage
Election Law Crimes
Embezzlement
Embezzlement Against Estate
Entering Train to Commit Crime
Enlistment to Serve Against the U.S.
Environmental Scheme Crimes
Escaping Custody/Escaped Federal Prisoners
Examiner Performing Other Services
Exportation of Drugs
Extortion
Failure to Appear on Felony Offense
Failure to Pay Legal Child Support Obligations
False Bail
False Pretenses
False Statements Relating to Health Care Matters
Falsely Claiming Citizenship
False Declarations before Grand Jury or Court
False Entries in Records of Interstate Carriers
False Information and Hoaxes
False Statement to Obtain Unemployment Compensation
Federal Aviation Act
Federal Civil Rights Violations (hate crimes, police misconduct)
Female Genital Mutilation
Financial Transactions with Foreign Government
First Degree Murder
Flight to Avoid Prosecution or Giving Testimony
Forced Labor
Forcible Rape
Forgery
Fraud Activity in Connection with Electronic Mail
Fraud Against the Government
Genocide
Hacking Crimes
Harboring Terrorists
Harming Animals Used in Law Enforcement
Hate Crime Acts
Homicide
Hostage Taking
Identity Theft
Illegal Possession of Firearms
Immigration Offenses
Impersonator Making Arrest or Search
Importation of Drugs
Influencing Juror by Writing
Injuring Officer
Insider Trading Crimes
Insurance Fraud
Interference with the Operation of a Satellite
International Parental Kidnapping
International Terrorism
Interstate Domestic Violence
Interstate Violation of Protection Order
Larceny
Lobbying with Appropriated Moneys
Mailing Threatening Communications
Major Fraud Against the U.S.
Manslaughter
Medical/Health Care Fraud
Missile Systems Designed to Destroy Aircraft
Misuse of Passport
Misuse of Visas, Permits, or Other Documents
Molestation
Money Laundering
Motor Vehicle Theft
Murder by a Federal Prisoner
Murder Committed During Drug-related Drive-by shooting
Murder Committed in Federal Government Facility
Narcotics Violations
Obstructing Examination of Financial Institution
Obstruction of Court Orders
Obstruction of Federal audit
Obstruction of Justice
Obstruction of Criminal Investigations
Officer Failing to Make Reports
Partial Birth Abortion
Penalties for Neglect or Refusal to Answer Subpoena
Peonage
Perjury
Picketing or Parading
Pirating
Possession by Restricted Persons
Possession of False Papers to Defraud the U.S.
Possession of Narcotics
Possession of Child Pornography
Private Correspondence with Foreign Government
Probation Violation
Product Tampering
Prohibition of Illegal Gambling Businesses
Prostitution
Protection of Foreign Officials
Public Corruption Crimes
Racketeering
Radiological Dispersal Devices
Ransom Money
Rape
Receiving the Proceeds of Extortion
Recording or Listening to Grand or Petit Juries While Deliberating
Reentry of an Alien Removed on National Security Grounds
Registration of Certain Organizations
Reproduction of Citizenship Papers
Resistance to Extradition Agent
Rescue of Seized Property
Retaliating Against a Federal Judge by False Claim or Slander of Title
Retaliating Against a Witness, Victim, or an Informant
Robbery
Robberies and Burglaries Involving Controlled Substances
Sabotage
Sale of Citizenship Papers
Sale of Stolen Vehicles
Searches Without Warrant
Second Degree Murder
Serial Murders
Sexual Abuse
Sexual Abuse of a Minor
Sexual Assault
Sexual Battery
Sexual Conduct with a Minor
Sexual Exploitation
Sex Trafficking
Shoplifting
Smuggling
Solicitation to Commit a Crime of Violence
Stalking (In Violation of Restraining Order)
Stolen Property; Buying, Receiving, or Possessing
Subornation of Perjury
Suits Against Government Officials
Tampering with a Witness, Victim, or Informant
Tampering with Consumer Products
Tampering with Vessels
Theft of Trade Secrets
Torture
Trafficking in Counterfeit Goods or Services
Transmission of Wagering Information (Gambling)
Transportation into State Prohibiting Sale
Transportation of Slaves from U.S.
Transportation of Stolen Vehicles
Transportation of Terrorists
Trespassing
Treason
Unauthorized Removal of Classified Documents
Use of Fire or Explosives to Destroy Property
Use of Weapons of Mass Destruction
Vandalism
Video Voyeurism
Violation of Prohibitions Governing Atomic Weapons
Violence at International airports
Violent Crimes in Aid of Racketeering Activity
Willful Wrecking of a Train Resulting in Death
Wire Fraud


 Refer:

  • Federal Law – Title 18 and Title 26 of the United States Code
  • Investigated by: Federal law enforcement
  • Prosecuted by: United States attorneys
  • Prosecuted before: Federal courts

What is the meaning of ‘proof beyond reasonable doubt’

The expression ‘proof beyond reasonable doubt’ in criminal law requires the prosecution to establish guilt and secure conviction of the accused by proving the charge ‘beyond reasonable doubt’. In Ramakant Rai Vs. Madan Rai & Ors. (2003) 12 SCC 395 referring to the expression ‘reasonable doubt’ in criminal law it was held as under:

“24. Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than the truth. To constitute reasonable doubt, it must be free from an overemotional response. Doubts must be actual and substantial doubts as to the guilt of the accused persons arising from the evidence, or from the lack of it, as opposed to mere vague apprehensions. A reasonable doubt is not an imaginary, trivial or a merely possible doubt; but a fair doubt based upon reason and common sense. It must grow out of the evidence in the
case.”

Criminal Laws in the United Kingdom [UK]

  1. Criminal Appeal Act 1968
  2. Criminal Attempts Act 1981
  3. Criminal Damage Act 1971
  4. Criminal Evidence (Amendment) Act 1997
  5. Criminal Evidence (Witness Anonymity) Act 2008
  6. Criminal Evidence Act 1898
  7. Criminal Finances Act 2017
  8. Criminal Jurisdiction Act 1975
  9. Criminal Justice (International Co-operation) Act 1990
  10. Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968
  11. Criminal Justice (Scotland) Act 2003
  12. Criminal Justice (Scotland) Act 2016
  13. Criminal Justice Act (Northern Ireland) 1945
  14. Criminal Justice Act (Northern Ireland) 1966
  15. Criminal Justice Act 1967
  16. Criminal Justice Act 1982
  17. Criminal Justice Act 1993
  18. Criminal Justice Act 2003
  19. Criminal Justice and Court Services Act 2000
  20. Criminal Justice and Courts Act 2015
  21. Criminal Justice and Immigration Act 2008
  22. Criminal Justice and Police Act 2001
  23. Criminal Justice and Public Order Act 1994
  24. Criminal Law (Consolidation) (Scotland) Act 1995 
  25. Criminal Law Act (Northern Ireland) 1967
  26. Criminal Law Act 1967
  27. Criminal Law Act 1977
  28. Criminal Procedure (Attendance of Witnesses) Act 1965
  29. Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
  30. Criminal Procedure (Insanity) Act 1964
  31. Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010
  32. Criminal Procedure (Scotland) Act 1995 
  33. Criminal Procedure Act 1865
  34. Criminal Procedure and Investigations Act 1996
  35. Criminal Proceedings etc. (Reform) (Scotland) Act 2007
  36. Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
  37. International Criminal Court Act 2001
  38. Police and Criminal Evidence Act 1984
  39. Police, Public Order and Criminal Justice (Scotland) Act 2006
  40. Powers of Criminal Courts (Sentencing) Act 2000
  41. Prisoners and Criminal Proceedings (Scotland) Act 1993
  42. The Costs in Criminal Cases (General) Regulations 1986
  43. The Criminal Defence Service (Funding) Order 2007
  44. The Criminal Defence Service  Regulations 2001
  45. The Criminal Finances Act 2017
  46. The Criminal Justice (Children) (Northern Ireland) Order 1998
  47. The Criminal Justice (Northern Ireland) Order 2008 
  48. The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
  49. The Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013
  50. The Criminal Legal Aid (Financial Resources) Regulations 2013
  51. The Criminal Legal Aid (General) Regulations 2013
  52. The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013
  53. The Criminal Procedure Rules 2010
  54. The Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015
  55. Youth Justice and Criminal Evidence Act 1999

Basic criminal Laws in India

LAW LIBRARY

Arrest

Article 12. State action
Article 13. Laws inconsistent with or in derogation of the fundamental rights are not law.
Article 14. Equality before Law.
Article 19. Protection of certain rights regarding freedom of speech, etc.
Article 20. Protection in respect of conviction for offences.
Article 21. Protection of life and personal liberty.
Article 22. Protection against arrest and detention in certain cases.

Criminal Laws in India[Central]

Anti- Hijacking Act,2016
Anti-Hijacking Act,1982
Arms Act,1959
Arms Rules,1962
Contempt of Courts Act,1971
Contempt of Courts (Amendment) Act,2006
Criminal Procedure Code,1973
Criminal Law (Amendment) Act,1990
Criminal Law (Amendment) Act,2013
Criminal Law Amendment Act,1938
Criminal Law Amendment Act,1961
Criminal Law Amendment Act,1993
Criminal Procedure Code,1973,Section 300 onward
Delhi Special Police Establishment Act,1946
Drugs (Control) Act, 1950
Explosive Substances Act,1908
Explosives Act,1884
Explosives Roles,2008
Gas Cylinder Roles,2004
Extradition Act,1962
Fatal Accidents Act,1855
Foreigners Act,1946
Identification Of Prisoners Acts,1920
Immoral Traffic (Prevention) Act,1956
Indecent Representation of Women (Prohibition) Act,1986
Indecent Representation of Women (Prohibition) Roles,1987
Indian Evidence Act,1872
Indian Penal Code,1860
Indian Penal Code, 1860, (IPC) Section 251 onwards
Maharashtra Control of Organised Crime Act,1999
Motor Vehicles Act,1988
Central Motor Vehicles Roles,1989
Motor Vehicles (Amendment) Act 2000
Motor Vehicles (Amendment) Act,2015
Motor Vehicles (Amendment) Bill,2016
Narcotic Drugs and Psychotropic Substances Act,1985
Narcotic Drugs and Psychotropic Substances (Amendment) Act,2001
Narcotic Drugs and Psychotropic Substances (Amendment) Act,2014
Narcotic Drugs and Psychotropic Substances Roles,1985
National Investigation Agency Act,2008
National Investigation Agency (Manner of Constitution) Roles,2008
National Security (Amendment) Act,1984
National Security Act,1980
Negotiable Instruments Act,1881
Negotiable Instruments (Amendment and Miscellaneous Provisions) Act,2002
Negotiable Instruments (Amendment) Act,2015
Official Secrets Act,1923
Payment and Settlement Systems Act,2007
Personal Injuries (Emergency Provisions) Act,1962
Police Act,1949
Police Acts
Prevention of Corruption Act,1988
Prevention of Damage to Public Property Act,1984
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
Prevention of Money Laundering Act, 2002
Prevention of Money-Laundering (Amendment) Act, 2005
Prevention of Seditious Meetings Act,1911
Prison Act,1894
Model Prison Manual – BPRD, MHA, GOI
Prisoners (Attendance In Courts) Act,1955
Prisoners Act,1900
Prize Chits and Money Circolation Scheme (Banning) Act,1978
Probation of Offenders Act,1958
Protection of Women From Domestic Violence Act,2005
Manual for PWDVA Protection Officers
Protection of Women From Domestic Violence Roles,2006
Public Gambling Act,1867
Railway Property (Unlawfol Possession) Act,1966
Repatriation of Prisoners Act,2003
SAARC Convention (Suppression of Terrorism) Act,1993
Schedoled Castes and The Schedoled Tribes (Prevention of Atrocities) Act,1989
Schedoled Castes and the Schedoled Tribes (Prevention of Atrocities) Amendment Act,2015
Schedoled Castes and the Schedoled Tribes (Prevention of Atrocities) Amendment Roles,2016
Schedoled Castes and the Schedoled Tribes (Prevention of Atrocities) Roles,1995
Suppression of Unlawfol Acts Against Safety of Civil Aviation Act,1982
Suppression of Unlawfol Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,2002
Suppression of Unlawfol Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,2002
Terrorist Affected Areas (Special Courts) Act,1984
Transfer of Prisoners Act,1950
Unlawfol Activities (Prevention) Act,1967
Investigation of High Quality Counterfeit Indian Currency Offences Roles,2013
Unlawfol Activities (Prevention) (Recommendation and Sanction of Prosecution) Roles,2008
Unlawfol Activities (Prevention) Amendment Act,2012
Unlawfol Activities (Prevention) Roles,1968
Victims of Crime Laws
Arunachal Pradesh Victim Compensation Scheme,2011
Assam Victim Compensation Scheme,2012
Bihar Victims Compensation Scheme,2011
Chandigarh Victim Assistance Scheme,2012
Dadar and Nagar Haveli Victim Assistance Scheme,2012
Daman and Diu Victim Assistance Scheme,2012
Delhi Victims Compensation Scheme,2011
Delhi Witness Protection Scheme,2015
Goa Victim Compensation Scheme,2012
Gujarat Victim Compensation Scheme,2013
Haryana Victim Compensation Scheme,2013
Himachal Pradesh (Victim of Crime) Compensation Scheme,2012
Jammu and Kashmir Victim Compensation Scheme,2013
Jharkhand Victim Compensation Scheme,2012
Karnataka Victim Compensation Scheme,2011
Karnataka Victim Compensation Scheme,2011
Kerala Victim Compensation Scheme,2014
Lakshadweep Victim Assistance Scheme,2012
Lakshadweep Victim Assistance Scheme,2012
Manipur Victim Compensation Scheme,2011
Meghalaya Victim Compensation Scheme, 2014
Mizoram Victims of Compensation Scheme,2011
MP Victim Compensation Scheme,2015
Nagaland Victim Compensation Scheme,2012
Odisha Victim Compensation Scheme,2012
Puducherry Victim Assistance Scheme,2012
Punjab Victim Compensation Scheme,2011
Rajasthan Victim Compensation Scheme,2011
Sikkim Compensation to Victims or his Dependents Scheme,2011
Tamil Nadu Victim Compensation Scheme, 2013
Tripura Victim Compensation Scheme,2012
Uttar Pradesh Victim Compensation Scheme,2014
Uttrakhand Victim from Crime Assistance Scheme,2013
Victim Compensation Scheme of States & UTs in India
West Bengal Victim Compensation Scheme,2012
Weapons of Mass Destruction and Their Delivery Systems(Prohibition of Unlawfol Activities) Act,2005

The Code of Criminal Procedure, 1989[ Jammu and Kashmir]

Jammu and Kashmir

1. Short title, commencement.
2. [rep]
3. Reference to Code of Criminal Procedure.
4. Definitions.
5. Trial of offences under Ranbir Penal Code.
6. Classes of Criminal Courts.
6A. Classes of Magistrates.
7. Sessions, Divisions and Districts.
8. Power to divide districts into sub-divisions.
9. Courts of Sessions.Continue Reading

Development of Criminal Laws in India after Independence

Parliament

 General Survey 

1950  1951  1952  1953  1954  1955  1956  1957  1958  1959
1960  1961  1962  1963  1964  1965  1966  1967  1968  1969
1970  1971  1972  1973  1974  1975  1976  1977  1978  1979
1980  1981  1982  1983  1984  1985  1986  1987  1988  1989
1990  1991  1992  1993  1994  1995  1996  1997  1998  1999
2000  2001  2002  2003  2004  2005  2006  2007  2008  2009
2010  2011  2012  2013  2014  2015  2016  2017

Criminal Courts And Offices in India

Keywords:– Session-Magistrate-Prosecutor

Code of Criminal Procedure -1973

Chapter II  [Sec 6 to 25A]

Constitution Of Criminal Courts And Offices


 

6. Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:–

(i)Courts of Session;

(ii)Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate;
(iii)Judicial Magistrate of the second class; and

(iv)Executive Magistrates.


7. Territorial divisions

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts:
Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.
(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.


8. Metropolitan areas

(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.
Explanation.— In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.

9. Court of Session secs 9 and 10

11. Courts of Judicial Magistrates

(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:
Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.
(2) The presiding officers of such Courts shall be appointed by the High Courts.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
(3) (a)The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b)Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

13. Special Judicial Magistrates

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.

14. Local Jurisdiction of Judicial Magistrates

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code:
Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18 , extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.

15. Subordination of Judicial Magistrates

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

16. Courts of Metropolitan Magistrates

(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

18. Special Metropolitan Magistrates

(1) The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.

19. Subordination of Metropolitan Magistrates

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the extent of the subordination if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.


20. Executive Magistrates Ss 20 t0 23
24. Public Prosecutors
25. Assistant Public Prosecutors
25A. Directorate of Prosecution