Criminal procedure – Advocatetanmoy Law Library

A Practical Approach to Criminal Procedure-John Sprack

Posted by Advocatetanmoyon October 28, 2020October 28, 2020in Criminal

The Crown Court The Indictment Pre-Trial Proceedings Pleas The Jury Judge-Only Trials The Course of the Trial The Verdict

Criminal Procedure Rules 2020-UK

Posted by Advocatetanmoyon September 8, 2020September 8, 2020in Law of England

The Criminal Procedure Rule Committee has made a new consolidation of the Criminal Procedure Rules. The 2020 Rules replace the Criminal Procedure Rules 2015 and the amendments made to those rules since then. The new rules come into force on Monday 5 October 2020.

VOLTAIRE ON CRIMINAL PROCEDURE

Posted by Advocatetanmoyon July 25, 2020in CIVIL

Let us compare the criminal procedure of the Romans with ours. With them, the evidence were heard publicly in presence of the accused, who might answer or interrogate them, or employ counsel. This procedure was open and noble; it breathed Roman magnanimity.

The National Criminal Procedure (Code) Act 2017 – Nepal

Posted by Advocatetanmoyon July 6, 2020July 6, 2020in Law of Nepal

The National Criminal Procedure (Code) Act, 2017 (Revised) Date of Authentication: 16 October 2017 Act Number 37 of the year 2017 An Act Made To Amend And Consolidate Laws Relating to Procedures of Criminal Cases Preamble: Whereas, it is expedient…

Law of Criminal Procedure- SAUDI ARABIA

Posted by Advocatetanmoyon July 2, 2020July 2, 2020in Criminal, Kingdom of Saudi Arabia

Courts shall apply Shari'ah principles, as derived from the Qur'an and Sunnah (the traditions of Prophet Muhammad, peace be upon him) to the cases that are brought before them. They shall also apply laws promulgated by the state that do not contradict the provisions of the Qur'an and Sunnah, and shall comply with the procedure set forth in this Law. The provisions of this Law shall apply to criminal cases that have not been decided and to proceedings that have not been completed prior to the implementation thereof.

Criminal Procedure Law: People’s Republic of China

Posted by Advocatetanmoyon May 3, 2020May 3, 2020in CIVIL, Criminal, Law of China

The aim of the Criminal Procedure Law of the People's Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility; to enhance the citizens' awareness of the need to abide by law and to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens' personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development.

Syed Qasim Razvi and others Vs State of Hyderabad and others-19/01/1953

Posted by Advocatetanmoyon April 28, 2020April 28, 2020in Supreme Court Judgments

Hyderabad Criminal Procedure Code-the accused was examined under S. 273, Hyderabad Criminal P.C. which corresponds to S. 342, Indian Criminal P.C., and on 5th of December following charges were framed against him under Ss. 123, 124, 330 and 177 read with S. 66, Hyderabad Penal Code. The cross-examination of 18 prosecution witnesses was finished before 26-1-1959, and the rest of the witnesses were cross-examined after that date.

Federal Rules of Criminal Procedure

Posted by Advocatetanmoyon March 3, 2020in CIVIL, Criminal Practice, USA Laws

These rules govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme Court of the United States. Proceedings not governed by these rules include: (A) the extradition and…

Information Meaning

Posted by Advocatetanmoyon November 20, 2019in Judicial Dictionary

But when “information” is regarded as meaning instruction or knowledge as to law the position is more complex. When we speak of “law,” we ordinarily speak of norms or guiding principles having legal effect and legal consequences.

EVIDENCE CANNOT BE TAKEN ON AFFIDAVIT IN MAINTENANCE PROCEEDING OR UNDER DV ACT-MP HIGH COURT

Posted by Advocatetanmoyon November 28, 2018November 28, 2018in EVIDENCE

Before the Family Court, an application under Section 125, Cr.PC has been filed by the respondents for maintenance. In the said proceedings, the respondents filed their affidavit in evidence and petitioner has been directed to cross-examine on the affidavit. At this stage, petitioner raised an objection in writing that in the proceedings, evidence can not be taken on affidavit, but the respondent should be examined in the Court in the presence of petitioner or his Counsel. Family Court relying on Section 10(3) of the Family Court Act found that the Family Court is having jurisdiction to adopt its own procedure for recording evidence and relying on provisions of Code of Civil Procedure held that the affidavit can be received in evidence and rejected the application of the petitioner. This order is under challenge in this petition.

The scope and ambit of Sec. 319 of the Code of Criminal Procedure

Posted by Advocatetanmoyon August 27, 2018August 27, 2018in Criminal

Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it, if it is satisfied that any person other than accused has committed an offence and he is to be tried together with the accused. The power is discretionary and such discretion must be exercised judicially having regard to the facts and circumstances of the case. Undisputedly, it is an extraordinary power which is conferred on the Court and should be used very sparingly and only if compelling reasons exist for taking action against a person against whom action had not been taken earlier. The word “EVIDENCE” in Section 319 contemplates EVIDENCE of witnesses given in Court. Under sub-section (4)(1)(b) of the aforesaid provision, it is specifically made clear that it will be presumed that newly added person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. That would show that by virtue of sub-section (4)(1)(b) a legal fiction is created that cognizance would be presumed to have been taken so far as newly added accused is concerned. (See Lok Ram v. Nihal Singh and Anr. (AIR 2006 SC 1892)).

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.