29 Aug Short Title and Commencement: (1) This Act may be called the Code of Criminal. Procedure, ; and it shall come into force on the first day. Short title. Commencement. 1.(1) This Act may be called the Code of Criminal Procedure, ; and it shall come into force on the first day of July, Extent. Preface Among the procedural law the Code of Criminal Procedure is very important. The Code was come into force in first July, The Code was enacted.
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Subordination of Judicial Magistrates and Benches. State ofBihar, Criminal Appeal No. Where the warrant was never executed nor was the petitioner arrested under it, held that the issue of such a warrant cannot be made a ground for being set at liberty.
Confession recorded after court hours-It cr;c a highly undesirable practice to record confessional statements after court hours. For statements crpx during investigation-Value of. Administrative order should appear as such on the face of it. The Magistrate can also also issue warrant for production before taking cognizance. Punjab Act 25 of ; Act No. Powers and duties of Magistrates.
Provided that the power of appointment of Magistrates under this sub-section shall on the issue on a public notification under Article of the Constitution be exercised subject to the terms of the said notification.
When order has spent itself High Court will not interfere in revision unless exceptional circumstances call for such interference. Use of word ‘wrongfully’. Confession before executive Magistrate whether 18898. Sanctity of the Civil Court’s findings.
Courts inferior to the High Court and Court of Sesssion. He can adopt this course only after he has passed an order under section There is no power in the Magistrate to attach the land apart from Section Same as that of Punjab.
The fact that the tape-recording was done without his knowledge is not of itself an objection to its admissibility in evidence. The Bombay Police Act,which applies to the whole State of Bombay, has come into force on AIR Trip 3.
Basic Concept of CrPC, , Partpdf | Rafsan jaman –
The court could reject the exculpatory portion of the statement and accept inculpatory portion. Provided that as many Presidency Magistrates, as may be considered necessary, may also be appointed from among the members of the West Bengal Civil Service Executive or West Bengal Junior Civil Service for such period not exceeding five years from the commencement of the West Bengal Separation of Judicial and Executive Functions Act.
If so read it would be clear that the only question for consideration by the Special Bench is that mentioned in Section D. Abdul Rajuk Kurteja Defedar v. Oftentimes, the motive is locked up in the heart of the offender A suit having been filed in a revenue Court for permanent injunction, the plaintiff makes an application under SectionCr.
The order of the Magistrate dropping the proceedings two and a half years after they were started on the ground that there was no apprehension of the breach of the peace, and without deciding the question crpf to who was in possession of the property on the evidence before him was totally perverse.
Sections 94 and 95 must be read and interpreted together as they form one group. Any police-officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place, in order to liberate himself or any other person who having lawfully entered for the purpose of making an arrest, is detained therein.
When a person against whom an investigation has started appears before the Court” and had been admitted, to bail, the Court has no powers under Section or A to interfere crpd the police investigation.
Where first information report regarding an occurrence was based upon the particulars furnished by another person, direct evidence furnished by the eye-witnesses particularly when their names find mention in the first information report will be given credence.
Issue of notice containing reasons must precede the orders binding over.
Code of Criminal Procedure (India) – Wikipedia
Note Duty of the Magistrate. If the applicant, by neglect or otherwise, prevents the appointment of the jury, or if from any cause the jury appointed do not return their verdict within the time fixed or within such further time as the Magistrate may in his discretion allow, the Magistrate may pass such order as he thinks fit, such order shall cgpc executed in the manner provided by Section It is true that the importance of a first information report made promptly cannot be minimised.
State af Maharashtra, 2 SCC The Magistrate who gets seized of the case will be competent to dispose of the case finally either 198 setting aside the conditional order or by modifying it under Section Procedure for filing revision to the High Court. Such fine may, wholly or in part, be used for the purpose of compensating the victim as per the amendment of AIR J and K. The maximum sentence that may be awarded by way of a summary trial is three months with or without fine.
Every information relating to the commission of a cognizable offence if given orally to an officer in charger of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be crc in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
Duty of incbarge of P.
Recognizance to be forwarded. List of stolen articles. Ordinary powers of Magistrates-Judicial and Executive -All District Magistrates and Executive Magistrates of the first, second and third classes and all Sub-Divisional Judicial Magistrates and Judicial Magistrates of the first, second and third classes have powers hereinafter respectively conferred upon them and specified in the third schedule.
I, Item 33 and Act 31 ofSections 29 and 88 ].
Code of Criminal Procedure (India)
Provisions of this chapter generally applicable to summonses and warrants of arrest: Section 2 w of the Code defines summons-case as, a case relating to an Offence, rcpc not being a warrant-case.
I, item 38 and Act 31 ofSections 29 and 88 AIR Raj Control of the investing powers of the Sessions Judge by clause b of Section 37 shall be exercised subject to the control crp the High Court and the power conferred on the District Magistrate by clause d of that section shall be exercised subject to the control of State Government.
Such Magistrate shall be called Special Judicial Magistrate and shall be appointed for such term as the State Government may in consultation with the High Court by general 18898 special order, direct. On a Civil Court having made delivery of possession of the land to one of the parties the Magistrate is precluded from investigating further.