Category «CRPC»

Trial of Warrant Cases by Magistrates

trial-of-warrant-cases

A: Cases Instituted on Police report. Section 238- Compliance with S.207. Warrant case organized on the police report and when charged shows up or brought before Magistrate at beginning of preliminary- Magistrate will initially fulfil himself that consistence of S.207 is done or not. Section 239- When accused shall be discharged. After considering Police report …

Trial Before Court of Session Under CRPC

trial-before-court

Section 225- Trial to be conducted by Public Prosecutor. In Court of Session shall be conducted by Public Prosecutor. Section 226- The opening case for the prosecution. When accused appears or brought after commitment U/S. 209, the prosecutor shall open his case by describing the charge and by giving evidence by which he proposes to …

The Charge Under CRPC

the-charge-under-crpc

FORM OF CHARGES (General contents of charge) (211-217) Section 211- Contents of Charge. (Criminal trial starts after training of charge. Before framing of charge all proceedings are pre-trial proceedings. Shall state offence with which accused is charged. If the law which creates offence gives it any specific name, then the offence is described in the …

Commencement of Proceedings Before Magistrate

Proceedings-Before-Magistrate

Commencement of Proceedings Before Magistrate, this chapter covers sections from 204 to 210 of CRPC. SECTION 204:- ISSUE OF PROCESS. Generally accused is produced with the charged sheet but when accused does not come exceptionally when the process is issued. In complaint process is issued compulsorily. If Magistrate taking cognizance thinks that there is sufficient …

Jurisdiction of Criminal Courts

court-jurisdiction

EX. OF S.178:- A injures B in Jodhpur and due to which B dies in Pali. A can be tried whether in Jodhpur or Pali in the court of competent court jurisdiction. SECTION 177:- ORDINARY PLACE OF TRIAL AND INQUIRY. Every offence shall be ordinarily inquired and tried by a court within whose court jurisdiction …

Information to the Police and Their Powers

information-to-the-police

SECTION 154:- INFORMATION IN COGNIZABLE CASES (FIR) Information relating to commission of cognizable offence if given really orally to SHO shall be reduced to writing by him or under his direction and be read over to the information & signed by the informant and substance shall be entered in book to be kept by such …

Maintenance Of Public Order and Tranquility

maintenence-of-public-order

Unlawful assemblies SECTION 129: Dispersal of assembly by use of Civil force The executive magistrate or SHO or in absence of SHO, any police officer not below the rank of Sub-inspector, may command any unlawful assembly or any assembly of five or more persons likely to cause disturbance of public peace to disperse by using …

Arrest of Person Under CRPC

arrest-of-person

Sec.41: When the police officer may arrest: Arrest: Physical control upon any person by Police Officer, Magistrate or any other private person as per the procedure prescribed in law. Any police officer may without an order from a Magistrate and without a warrant, arrest any person: Who commence cognizable offence in the presence of a …

Maintenance of wife

maintenance-of-wife

Dharmashastra has described the maintenance of wife child and parents a moral duty of every person. Manusmriti has said to the extent that: Every person should maintain his wife minor child and parents even after performing a hundred obligations. Law also provides for the maintenance of persons. Right to the maintenance of wife children and …

The Code of Criminal Procedure – Notes

Code of Criminal Procedure

  The Code of Criminal Procedure 1973 (Act No. 2 of 1974), the act to consolidate and amend the law related to Criminal Procedure. It was put into practice by Parliament after twenty-four years of the Republic of India as follows. Introduction: Section 1 to 5 Law can be divided into two kinds, namely, (1) …