Whether Magistrate Can Take Cognizance of Offence U/S 200 of Cr.P.C. Instead of Directing Investigation U/S 156(3) of Cr.P.C? Yes, Magistrate can take cognizance of offence U/S 200 of CRPC, as it gives power to the magistrate to take cognizance …
INTRODUCTION India has a well-established Criminal Justice System which is primarily governed by three acts, namely 1) Indian Penal Code, 1860; 2) Code of Criminal Procedure 1973; and 3) Indian Evidence Act, 1872. The Code of Criminal Procedure, 1973 (hereinafter …
Introduction: Human Judgement is not infallible. Despite all the provisions ensuring a fair trial and a just decision, mistakes are possible and errors cannot be ruled out. The Code therefore provides for “Appeals” and “Revisions” and thereby enables the superior …
According to Chapter XXIX, Section 372 to Section 394 of the Code of Criminal Procedure, 1973 deals with the provision of Appeal. As per Chapter XXX, Section 397 to Section 402 of the Code of Criminal Procedure, 1973 deals with …
Introduction: According to Section 395 to Section 396 of the Code of Criminal Procedure 1973 deals with the Reference to High Court and Disposal of case according to decision of High Court. As per Section 397 to Section 405 of …
Procedure on forfeiture of bond: Section 466 provides the procedure to be followed when a bond taken under CrPC has been forfeited. It is lays down that were a bond under the code of criminal procedure is for appearance or …
The term ‘arrest’ means apprehension of a person by a legal authority so as to cause deprivation of his liberty. Thus, after arrest, a person’s liberty is in control of the arrester. One of the basic tenets of our legal …
Compoundable offences are those offences where the complainant, who has instituted the suit against the accused, has the ability or capacity to compromise with the accused and withdraw the said suit. The withdrawing of suit should be bonafide and should …
Summons and warrant both are processes to compel appearance before a court of law. As per the Section 204 of Cr. P.C, “if in the opinion of the magistrate taking cognizance of an offence, there is sufficient ground for proceedings …
Section 6 to 24 of the Code of Criminal Procedure deal with the constitution of criminal courts. As a result of the separation of judiciary from executive, now there will be two types of magistrate namely Judicial Magistrates and Executive …