Tag: CrpcQuestion

What are the guiding factors for exercising the power to granting bail

The considerations being: (a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail.

What is the difference between sec 156 and Sec 202 of Cr.P.C ?

Advocate

The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of Cr.P.C. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.

Whether a convict who has challenged his conviction u/s 374 is entitled to benefit of Sec 436A of CrPC 1973 for Bail?

The words ‘during the period of investigation, inquiry or trial’ used in Section 436-A and the insertion of the said section in Chapter XXXIII, without insertion of a like provision in Chapter XXIX, clearly restricts its operation to the matter of grant of bail at the trial stage and not at the appellate stage. Further, Section 436-A refers to the maximum period of imprisonment specified for the offence in question, and not to the period of imprisonment actually imposed.

Discuss the power of Police to arrest under Cr.P.C

Last it be remembered that the arrest of a person involves an encroachment on his/her personal liberty. Article 21 of the Constitution of India declares that no person shall be deprived of his personal liberty and life except in accordance with procedure established by law. There can be no doubt that the power to arrest any person therefore must be premised on a law which authorizes the same. Police has  a statutory duty to inform the arrestee of the grounds for such arrest as contemplated under Article 22(1) of the Constitution and Section 50 of the Code. If police failed to dischurge its statutory duty the Magistrate must Perform it before remanding the arrested person.

Analyse whether the police has Powers to initiate preliminary Inquiry before Investigation.

Section 157 appears to contemplate information received under Section 154 or knowledge gained otherwise about the commission of a cognizance offence clothing the police officer with the power to investigate leading to the sending of the report to the Magistrate being confined to cases where officer intends to send the police report which has been defined as the report under Section 173 of the CrPC.